Agenda packet — Murrieta City Council, August 15, 2023 (part 2 of 3)

Account Number - DDA
219

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 4.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Administrative Services Director
PREPARED BY: Diane Kohanyi, Management Analyst - IT
SUBJECT: Ultimate Kronos Group Telestaff Renewal for Police & Fire

RECOMMENDATION
Approve a three-year Agreement with Ultimate Kronos Group for Police and Fire Telestaff, with a contract amount not-to-exceed $11,904.30 for Fiscal Year 2023/24; Authorize exemption from the City's bidding requirements; and Authorize the City Manager to execute the agreement with UKG and all other future documents and amendments related to this agreement, not to exceed the City Manager's signing authority.

PRIOR ACTION/VOTE
On June 20, 2023, the City Council approved the use of the previously approved 2016 Agreement with Ultimate Kronos Group and its sole justification for Fire Telestaff (Vote 4-0).

CITY COUNCIL GOAL
Provide a high level of innovative public safety.

BACKGROUND
On April 7, 2005, the City of Murrieta (City) entered into a Software License and Service Agreement with Principal Decision Systems Interntion (PDSI) for the Police and Fire Department's Telestaff automated scheduling solution software. PDSI was acquired by Kronos on October 11, 2011; thus Kronos is the sole provider of the Telestaff software.

In 2016, the City completed a sole source justification to upgrade the software due to it reaching the end of its useful life. It would have been impractical and costly to attempt a shift to a new system that would not provide the same public safety software the City had been using for many years. On April 1, 2020, Kronos and Ultimate Software merged to create Ultimate Kronos Group (UKG). UKG is the sole provider of the TeleStaff software suite.

On June 20, 2023, the City Council approved the use of the previously approved 2016 Agreement with UKG, and its sole source justification for Fire TeleStaff, due to its expiration date of June 30, 2023. The Fire CITY OF MURRIETA Printed on 1/22/2024Page 1 of 2
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8/15/2023
Agenda Item No. 4.
and its sole source justification for Fire TeleStaff, due to its expiration date of June 30, 2023. The Fire Department's agreement will expire on June 30, 2024. The TeleStaff agreement for Police expires on August 31, 2023.

The Information Technology Division identified that the aggregate amount of the agreements for Fire and Police exceeded the City Manager's approval and recognized that Fire and Police have separate agreements with varying expiration dates with UKG for the same software. The requested action for this report will ensure that both Police and Fire have the same end date of August 31, 2024, allowing for future consistency and management of the agreement
(Attachment 1-3) going forward.

Murrieta Municipal Code Section 3.08.280(I) allows exceptions for the acquisition of information technology software and related services in a competitive process. Staff recommends entering into an agreement using a sole-source justification, as UKG is the sole provider of the TeleStaff software suite. Telestaff software suite is a critical scheduling system for public safety personnel, and it will prevent any disruption in staff scheduling and service.

FISCAL IMPACT
The cost for this service is $11,904.30 for Fiscal Year 2023/24. This item is funded from account code 726830- 62160 within the IT Division's Operating Budget. An adequate budget is also included in the Fiscal Year 2024/25 Operating Budget.

ATTACHMENTS
1) Agreement with UKG
2) Fire Quote
3) Police Quote
CITY OF MURRIETA Printed on 1/22/2024Page 2 of 2
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Kronos Incorporated
900 Chelmsford Street
Lowell, MA 01851 Page: 1 / 5
Phone: (978)250-9800

UKG SALES, SOFTWARE LICENSE AND SERVICES AGREEMENT Rev KR-11092021

City of Murrieta (“Customer”) and Kronos Incorporated, a UKG company (“UKG”) agree that the terms and conditions set forth in this Agreement shall apply to all UKG Equipment, Software, Professional and Educational Services, Support, and such other UKG offerings, as specified on an order form (an “Order Form”) signed by the parties which expressly references this Agreement (or is signed contemporaneously hereto).

UKG and Customer hereby agree that the terms and conditions of this Agreement apply to any Order Form executed by UKG and Customer which expressly references this Agreement (including any Order Form signed contemporaneously with this Agreement regardless of the appearance of any express referen ce to this Agreement). Either party may discontinue use of this Agreement for future orders upon thirty (30) days prior written notice to the other party, provided however that any Order Form signed by the parties prior to the effective date of such notice shall remain in effect unless otherwise specifically terminated in accordance with the terms of this Agreement. UKG may require additional terms and conditions for the sale or license of products or services not contemplated by this Agreement (including without limitation those that may be related to international services) provided that no such additional terms and conditions shal l be binding upon Customer without Customer’s prior written consent.

Notwithstanding, UKG will not be obligated to accept or approve an order for any products or services for which such additional terms and conditio ns are required. All orders are subject to the approval of UKG’s corporate office in Lowell, Massachusetts. This Agreement and the Order Form shall supersede the pre- printed terms of any Customer purchase order or other Customer ordering document, and no such Customer pre-printed terms shall apply to the items ordered.

1. PAYMENT AND DELIVERY
Unless otherwise set forth in this Agreement, payment terms are indicated on the Order Form or other contemporaneous ordering document containing product-specific payment terms signed by the parties. Delivery terms are as stated on the Order Form (“Delivery”). UKG will invoice Customer for products upon Delivery. Unless otherwise set forth on the Order Form, Professional and Educational Services are provided on a time and materials basis, invoiced month ly as rendered. Customer agrees to pay all applicable taxes levied or based on the products, services or other charges hereunder, including state and local sales and excise taxes, and any taxes or amount in lieu thereof paid or payable by UKG, exclusive of taxes based on net income. Customer agrees to pay a late charge of one percent (1%) per month, (but not in excess of the rate allowed by law), on any overdue amounts not the subject of a good faith dispute. If full payment is not made within 90 days of final payment due date, Customer is responsible for all expenses, including legal fees, incurred by UKG for collection.

2. GENERAL LICENSE TERMS
UKG owns or has the right to license the Software. The Software and Software documentation are confidential and may not be disclosed to a third party without UKG’s written consent. The Software contains proprietary trade secret technology. Unauthorized use and copying of such Software is prohibited by law, including United States and foreign copyright law. The price Customer pays for a copy of the Software constitutes a license fee that entitles Customer to use the Software as set forth below. UKG grants to Customer a non-exclusive, nontransferable, perpetual (except as provided herein) license to use the Software. This license may be terminated by UKG by written notice to Customer upon any material breach of this Agreement by Customer which remains uncured for a period of thirty (30) days after such written notice from UKG. Upon such termination of this license by UKG, Customer will have no further right to use the Software and will return the Software media to UKG and destroy all copies of the Software (and related documentation) in Customer’s possession or control. This license is subject to all of the terms of this Agreement.

3. FEE BASED LIMITATIONS
Customer recognizes and agrees that the license to use the Software is limited, based upon the amount of the license fee paid by Customer. Limitations, which are set forth on the Order Form, may incl ude the number of employees, simultaneous or active users, Software product modules, Software features, computer model and serial number and partition, and/or the number of telephone lines or terminals to which the Software is permitted to be connected. Customer agrees to: i) use the Software only for the number of employees, simultaneous or active users, computer model, partition and serial number, and/or terminals permitted by the ap plicable license fee; ii) use only the product modules and/or features permitted by the applicable license fees; and iii) use the Software only in support of Customer’s own business. Customer agrees not to increase the number of employees, simultaneous or active users, partitions, terminals, products modules, features, or to upgrade the model, as applicable, unless and until Customer pays the applicable fee for such increase/upgrade. Customer may not relicense or sublicense the Software to, or otherwise permit u se of the Software (including timesharing or networking use) by any third party. Customer may not provide service bureau or other data processing services that make use of the Software without the express prior written consent of UKG.

4. OBJECT CODE ONLY
Customer may use the computer programs included in the Software (the “Programs”) in object code form only, and shall not reverse compile, disassemble or otherwise convert the Programs into uncompiled or unassembled code. The Programs include components owned by third parties. Such third party components are deemed to be Software subject to this Agreement. Customer shall not use any of the Programs (or the data models therein) except solely as part of and in connection with the Software and as described in the published documentation for such Software. Customer shall in demnify and hold harmless UKG for all damages or liability caused by Customer’s failure to comply with the foregoing restriction.

5. PERMITTED COPIES
Customer may copy the Programs as reasonably necessary to load and execute the Programs and for backup and disaster recovery and testing purposes only, except for additional copies of the Teletime Software and the UKG iSeries (which must be licensed separately). All copies of the Programs or any part thereof, whether in printed or machine readable form and whether on storage media or otherwise, are subject to all the terms of this license, and all copies of the Programs or any part of the Programs shall include the copyright and proprietary rights notices contained in the Programs as delivered to the Customer.

6. UPDATES
In the event that UKG supplies Service Packs, Point Releases and Major Releases (including legislative updates if available) of the Software (collectively referred to as “Updates”), such Updates shall be part of the Software and the provisions of this license shall apply to such Updates and to the Software as modified thereby.

7. EXPORT
Customer acknowledges that the Equipment and Software may be restricted by the United States Government or by the country in which the Equipment or Softwar e is installed from export to certain countries and certain organizations and individuals, and agrees to comply with such laws. C ustomer agrees to comply with all applicable laws of all of the countries in which the Equipment and Software may be used by Customer and shall indemnify UKG for any noncompliance which results in damages or liability for UKG. Customer’s obligations hereunder shall survive the termination or expiration of this Agreement. Customer must obtain UKG ’s prior written consent before exporting the Software.

8. FIRMWARE
Customer may not download firmware updates for the UKG Equipment unless Customer is maintaining such Equipment under a support plan with UKG. If Customer is not maintaining the Equipment under a support plan with UKG, UKG shall have the right to verify Customer’s UKG Equipment to determine if Customer has downloaded any firmware to which Customer is not entitled. If Customer has downloaded firmware for the UKG Equipment to which Customer is not entitled, Customer shall be responsible to pay UKG for such updated firmware in accordance with UKG’s then-current support policies. 222
Kronos Incorporated
900 Chelmsford Street
Lowell, MA 01851 Page: 2 / 5
Phone: (978)250-9800

9. TRAINING POINTS
Training Points which are purchased by Customer may be redeemed for an equivalent value of instructor-led training sessions offered by UKG. Available instructor-led sessions are listed at http://customer.Kronos.com
and each session has the Training Points value indicated. Training Points may be redeemed at any time within 12 months of the date of the applicable Order Form, at which time they shall expire. Training Points may not be exchanged for other UKG products and/or services. UKG will invoice Customer for the Training Points identified in the Order Form upon execution of such Order Form with payment due upon the payment terms indicated in such Order Form.

10. ACCEPTANCE
For Customer’s initial purchase of each Equipment and Software product UKG shall provide an acceptance test period (the “Test Period”) that commences upon Installation.

Installation shall be defined as: a.) the Equipment, if any, is mounted; b.) the Software i s installed on Customer’s server(s); and c.) implementation team training, if any, is complete. During the Test Period, Customer shall determine whether the Equipment and Software meet the UKG published electronic documentation, ("Specifications").

The Test Period shall be for 30 days. If Customer has not given UKG a written deficiency statement specifying how the Equipment or Software fails to meet the Specifications (“Deficiency Statement”) within the Test Period, the Equipment and Software shall be deemed accepted. If Customer provides a Deficiency Statement within the Test Period, UKG shall have 30 days to correct the deficiency, and Customer shall have an additional 30 days to evaluate the Equipment and Sof tware. If the Equipment or Software does not meet the Specifications at the end of the second 30 day period, either Customer or UKG may terminate this Agreement. Upon any such termination, Customer shall return all Equipment and Software (and related documentation) to UKG , and UKG shall refund any monies paid by Customer to UKG for the returned Equipment and Software. Neither party shall then have any further liability to the other for the products that were the subject of the Acceptance Test.

11. LIMITED WARRANTY
UKG warrants that all UKG Equipment and Software media shall be free from defects in materials and workmanship, for a period of ninety (90) days from Delivery. In the event of a breach of this warranty, Customer’s exclusive remedy shall be UKG’s repair or replacement of the deficient Equipme nt and/or Software media, at UKG ’s option, provided that Customer’s use, installation and maintenance thereof have conformed to the Specifications. This warranty is extended to Customer only and shall not apply to any Equipment (or parts thereof) or Software media in the event of:

(a) damage, defects or malfunctions resulting from misuse, accident, neglect, tampering, (including modification or replacement of any UKG components on any boards supplied with the Equipment), unusual physical or electrical stress or causes other than normal and intended use;

(b) failure of Customer to provide and maintain a suitable installation environment, as specified in the Specifications; or

When using and applying the information generated by UKG products, Customer is responsible for ensuring that Customer complies with the applicable requirements of federal and state law. If Customer is licensing Workforce Payroll Software or Workforce Absence Management Software: (i) Customer is solely responsible for the content and accuracy of all reports and documents prepared in whole or in part by using such Software, (ii) using such Software does not release Customer of any professional obligation concerning the preparation and review of such reports and documents, (iii) Customer does not rely upon UKG , Best Software, Inc. or such Software for any advice or guidance regarding compliance with federal and state laws or the appropriate tax treatment of items reflected on such reports or documents, and (iv) Customer will review any calculations made by using such Software and satisfy itself that those calculations are correct.

12. INDEMNIFICATION
UKG agrees to indemnify Customer and to hold it harmless from and against any and all claims, costs, fees and expenses (including reasonable legal fees) relating to actual or alleged infringement of United States or Canadian patents or copyrights asserted against Customer by virtue of Customer's use of the Software as delivered and maintained by UKG, provided that: i) UKG is given prompt written notice of any such claim and has sole control over the investigation, preparation, defense and settlement of such claim; and, ii) Customer reasonably cooperates with UKG in connection with the foregoing and provides UKG with all information in Customer's possession related to such claim and any further assistance as reasonably requested by UKG . UKG will have no obligation to indemnify Customer to the extent any such claim is based on the use of the Software with software or equipment not supplied by UKG. Should any or all of the Software as delivered and maintained by UKG become, or in UKG's reasonable opinion be likely to become, the subject of any such claim, UKG may at its option: i) procure for Customer the right to continue to use the affected Software as contemplated hereunder; ii) replace or modify the affected Software to make its use non -infringing; or iii) shoul d such options not be available at reasonable expense, terminate this Agreement with respect to the affected Software upon thirty (30) days prior written notice to Customer. In such event of term ination, Customer shall be entitled to a pro - rata refund of all fees paid to UKG for the affected Software, which refund shall be calculated using a five year straight-line depreciation commencing with the date of the relevant Order. Additionally, UKG agrees to be liable for tangible property damage or personal injury caused solely by the negligence or willful misconduct of its employees.

13. PROFFESSIONAL AND EDUCATIONAL SERVICES

(a) TRAVEL EXPENSES
Customer agrees to reimburse UKG for all reasonable and necessary travel incurred by UKG in the performance of any professional and/or educational services, provided that such travel complies with the then current UKG Travel and Expense Policies. Customer further agrees to pay any travel expenses such as airfare, lodging, meals and local transportation, plus an administrative fee of ten percent (10%) of the amount of such travel expenses, incurred by UKG to deliver purchased professional services and/or educational services in accordance with the UKG Travel and Expense Policies. Customer will be billed by UKG for such travel expenses and payment thereof shall be due net 30.

(b) ENGAGEMENTS
Unless otherwise indicated on the Order Form, Professional and Educational Services (“Professional Services”) shall be provided on a time and material basis at the rates set forth in the Order Form. If a dollar limit is stated in the Order Form or any associated statement of work (“SOW”), the limit shall be deemed an estimate for Customer's budgeting and UKG's resource scheduling purposes. After the dollar limit is expended, UKG will continue to provide Professional Services on a time and materials basis, if a Change Order or Schedule of Services for continuation of the Professional Services is signed by the parties.

(c) WARRANTY
UKG warrants that all professional and educational services performed under this Agreement shall be performed in a professional and competent manner. In the event that UKG breaches this warranty, and Customer so notifies UKG within 30 days of receipt of invoice for the applicable services, the Customer’s sole remedy and UKG’s exclusive liability shall be to re-perform the services which were deficient in a manner so as to conform to the foregoing warranty, at no additional cost to Customer.

(d) UKG PROFESSIONAL/EDUCATIONAL SERVICES POLICIES
223
Kronos Incorporated
900 Chelmsford Street
Lowell, MA 01851 Page: 3 / 5
Phone: (978)250-9800

UKG’s then-current Professional/Educational Services Policies shall apply to all Professional and/or Educational Services purchased under the applicable SOW and may be accessed at:
https://www.ukg.com/central-dimensions/agreement/ProfessionalandEducationalServicesPolicy (“Professional Services Policies”). In the event of a conflict between the Professional Services Policies and this Agreement, the terms of this Agreement shall prevail.

14. SOFTWARE SUPPORT SERVICES

(a) SUPPORT OPTIONS
Customer may select from the following Software support purchase options: Gold (or Gold Plus) and Platinum (or Platinum Plus) support (“Service Type”), each providing different service coverage periods and/or service offerings, as specified herein (“Service Offerings”) and in the UKG Support Service Policies (defined below). Customer must purchase the same Service Type for all of the Software specified on the Order Form, (however, if Customer is purchasing support services for Visionware Software, Customer may only purchase Gold Service Type for the Visionware Software). All Updates shall be provided via remote access. Customer may purchase support services for Equipment in accordance with the terms and conditions of UKG’s standard Equipment Support Services Agreement a copy of which is available upon request and is located at:
http://www.ukg.com/Legal/EquipmentSupportAgr .

(b) TERM OF SOFTWARE SUPPORT
Unless otherwise indicated on the Order Form, support service shall commence on the Software Delivery date and shall continue for an initial term of one (1) year. Support service may renew for additional one year terms on the anniversary date of its commencement date upon the written agreement of both parties. After the one year initial term of this Agreement, the Service Offerings provided and the Service Coverage period are subject to change by UKG with sixty (60) days advance written notice to Customer.

For the initial two (2) renewal years the annual support fee, for the same products and service type, will not increase by more than 4% over the prior year’s annual support fee.

(i) Updates for the Software (not including any Software for which UKG charges a separate license fee), provided that Customer’s operating system and equipment meet minimum system configuration requirements, as reasonably determined by UKG. If Customer requests UKG to install such Updates or to provide retraining, Customer agrees to pay UKG for such installation or retraining at UKG’s then-current time and materials rate.

(ii) Telephone and/or electronic access to the UKG Global Support Center for the logging of requests for service during the Service Coverage Period. The Service Coverage Period for the Gold Service Offering is 8:00 a.m. to 8:00 p.m., local time, Monday through Friday, excluding UKG holidays.

(iii) Web-based support including access to Software documentation, FAQ’s, access to UKG knowledge base, Customer forums, and e-case management .

(iv) Web-based remote diagnostic technical assistance which may be utilized by UKG to resolve Software functional problems and user problems during the Service Coverage Period.

(v) Access to specialized content as and when made available by UKG such as technical advisories, learning quick tips, brown bag seminars, technical insider tips, SHRM e-Learning, HR Payroll Answerforce and service case studies.

(d) PLATINUM AND PLUS SERVICE OFFERINGS:

Platinum: In addition to the Service Offerings specified for the Gold Service Offering above, the Service Coverage Period for the Platinum Ser vice Offering is 24 hours a day, seven days a week, 365 days a year.

Plus option: In addition to the Service Offerings specified for the Gold Service Offering above, customers purchasing the Plus option shall receive the services of a dedicated, but not exclusive, UKG Technical Account Manager (“TAM”) for one production instance of the Software. Customers purchasing the Gold-Plus option shall designate up to one primary and one secondary backup technical contacts (“Technical Contacts”) to be the sole contacts with the TAM, while customers purchasing the Platinum-Plus option shall designate up to two primary and three secondary backup Technical Contacts. Upon request, Customer may designate additional and/or backup Technical Contacts.

Customer is required to place all primary Technical Contacts through UKG product training for the Software covered under this Agreement at Customer’s expense.

Customers purchasing the Platinum-Plus option shall also receive a one day per year visit to be performed at the Customer location where the Software is installed. During this onsite visit, UKG shall work with Customer to identify ways to help Customer increase functionality or maximize utilization of the Software in Customer’s specific environment. Customer must be utilizing the then-current version of the Software. Travel and expenses are not included and shall be paid by Customer.

(e) PAYMENT
Customer shall pay annual support charges for the initial term in accordance with the payment terms on the Order Form and for any renewal term upon receipt of invoice.

Customer shall pay additional support charges, if any, and time and material charges upon receipt of invoice.

(f) ADDITION OF SOFTWARE
Additional Software purchased by Customer during the initial or any renewal term shall be added to this Agreement at the same support option as the then current Software support coverage in place under these terms. Customer agrees to pay the charges for such addition, and any such addition shall be automatically renewed as provided in these terms.

(g) RESPONSIBILITIES OF CUSTOMER
Customer agrees (i) to provide UKG personnel with full, free and safe access to Software for purposes of support, including use of UKG’s standard remote access technology, if required; (ii) to maintain and operate the Software in an environment and according to procedures which conform to the Specifications; and (iii) not to allow support of the Software by anyone other than UKG without prior written authorization from UKG. Failure to utilize UKG ’s remote access technology may delay UKG’s response and/or resolution to Customer’s reported Software problem. If Customer requires the use of a specific remote access technology not specified by UKG, then Customer must purchase the Plus option to receive support and provide UKG personnel with full, free and safe access to the remote access hardware and/or software. (h) DEFAULT
Customer shall have the right to terminate UKG support services in the event that UKG is in breach of the support services warranty set forth below and such breach is not cured within fifteen (15) days after written notice specifying the nature of the breach. In the event of such termination, UKG shall refund to Customer on a pro -rata basis those pre-paid annual support fees associated with the unused portion of the support term. UKG reserves the right to terminate or suspend support service in the event the Customer is in default under this Agreement with UKG and such default is not corrected within fifteen (15) days after written notice. In addition, the support services will terminate and all charges due hereunder will become immediately due and payable in the event that Customer ceases to do business as a going concern or has its assets assi gned by 224
Kronos Incorporated
900 Chelmsford Street
Lowell, MA 01851 Page: 4 / 5
Phone: (978)250-9800

law.

(i) WARRANTY
UKG warrants that all support services shall be performed in a professional and competent manner.

(j) UKG SUPPORT SERVICE POLICIES
UKG’s then-current Support Services Policies shall apply to all Support Services purchased and may be accesse d at: https://www.ukg.com/support-policies-and-services (“Support Policies”). In the event of a conflict between the Support Policies and this Agreement, the terms of this Agreement shall prevail.

15. KNOWLEDGEPASS EDUCATION SUBSCRIPTION:

The parties hereby agree that the following terms shall apply to Customer’s purchase of the UKG KnowledgePass Education Subscription only, if specified on the Order Form:

(a) Scope: The KnowledgePass Education Subscription is available to customers who are licensing UKG’s Workforce Central and iSeries Timekeeper Software products and who are maintaining such products under a support plan with UKG. The KnowledgePass Education Subscription provides access via the internet to certain educational offerings provided by UKG (the “KnowledgePass Content”), including:

• Product and upgrade information for project teams and end users • Hands-on interactive instruction on common tasks
• Self-paced tutorials covering a range of topics
• Job aids
• Knowledge assessment and reporting tools to measure progress • Webinars

(b) Term of Subscription: The KnowledgePass Education Subscription shall run co-terminously with Customer’s Software Support, and shall renew for additional one (1) year terms provided Customer renews its KnowledgePass Education Subscription as provided below.

(c) Payment: Customer shall pay the annual subscription charge for the initial term of the KnowledgePass Education Subscription in accordance with the payment terms on the Order Form. UKG will send Customer a renewal invoice for renewal of the KnowledgePass Education Subscription at least forty five (45) days prior to expiration of the then current term. KnowledgePass Education Subscription shall renew for an additional one (1) year term if Customer pays such invoice before the end of the initial term or any renewal term.

(d) Limitations: Customer recognizes and agrees that the KnowledgePass Content is copyrighted by UKG. Customer is permitted to make copies of the KnowledgePass Content provided in *pdf form solely for Customer’s internal use and may not disclose such KnowledgePass Content to any third party other than Customer’s employees.

Customer may not edit, modify, revise, amend, change, alter, customize or vary the KnowledgePass Content without the written consent of UKG, provided that Customer may download and modify contents of Training Kits solely for Customer’s internal use.

(e) Train-the-Trainer Program (TTT): Certification under the Train-the-Trainer Program is valid only for the point release of the Software for which the TTT Program is taken, and covers only the Customer employee who completes the TTT Program.

16. CONFIDENTIAL INFORMATION
“Confidential Information" is defined as information that is: i) disclosed between the parties after the date of this Agreement that is considered confidential or proprietary to the disclosing party; and ii) identified as “confidential” at the time of disclosure, or would be reasonably obvious to the receiving party to constitute confidential information because of legends or other markings, by the circumstances of disclosure or the nature of the information itself. Additionally, the terms, conditions and pricing containe d in this Agreement and the Order Form, the Software (and Software documentation), and the Specifications shall be deemed to be UKG’s Confidential Information. Each party shall protect the Confidential Information of the other party with at least the same degree of care and confidentiality, but not less than a reasonable standard of care, which such party utilizes for its own information of similar character that it does not wish disclosed to the public. Neither party shall disclose to third parties (except the parent company or the wholly owned subsidiaries of the receiving party who have a need to know) the other party’s Confidential Information, or use it for any purpose not explicitly set forth herein, without the prior written consent of the other party . The obligation of confidentiality shall survive for three (3) years after the disclosure of such Confidential Information.

This Agreement imposes no obligation upon either party with respect to the other party’s Confidential Information which the receiving party can establish by legally sufficient evidence: (a) was rightfully possessed by the receiving party without an obligation to maintain its confidentiality prior to receipt from the disclosing party, (b) is generally known to the public without violation of this Agreement; (c) is obtained by the receiving party in good faith from a third party having the right to disclose it without an obligation with respect to confidentiality; (d) is independently developed by the receiving party without use of the disclosing party’s confidential information, which can be shown by tangible evidence; or (e) was required to be disclosed by applicable law; provided that the receiving party notifies the disclosing party of such requirement prior to disclosure, and provided further that the receiving party makes diligent efforts to limit disclosure.

17. MARKETING ACTIVITIES
Customer agrees that UKG may use Customer’s name as part of UKG ’s published customer lists. Upon UKG’s request, Customer will participate in mutually beneficial marketing and public relations activities with UKG. All content shall be subject to the prior review and approval of Customer, such approval not to be unreasonably withheld.

18. LIMITATION OF LIABILITY
CUSTOMER'S EXCLUSIVE REMEDIES AND UKG'S SOLE LIABILITY FOR ANY UKG BREACH OF THIS AGREEMENT ARE EXPRESSLY STATED HEREIN.

EXCEPT AS PROVIDED IN THIS AGREEMENT, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED.

EXCEPT FOR UKG 'S INDEMNIFICATION OBLIGATIONS SET FORTH IN THIS AGREEMENT, IN NO EVENT SHALL UKG 'S OR ITS PARENTS',

SUBSIDIARIES', AFFILIATES', OR THIRD PARTY LICENSOR'S LIABILITY TO A CUSTOMER, HOWSOEVER CAUSED, EXCEED THE VALUE OF THE

ORDER WHICH GIVES RISE TO THE CLAIM, AND IN NO EVENT WILL UKG OR ITS PARENTS, SUBSIDIARIES AFFILIATES OR THIRD PARTY LICENSORS

BE LIABLE FOR LOST PROFITS, LOST DATA OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THIS AGREEMENT WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR THE EXISTENCE, FURNISHING, FUNCTIONING OR CUSTOMER’S SPECIFIC USE OF, OR INABILITY TO SO USE, ANY EQUIPMENT, SOFTWARE OR SERVICES PROVIDED FOR IN THIS AGREEMENT. 225
Kronos Incorporated
900 Chelmsford Street
Lowell, MA 01851 Page: 5 / 5
Phone: (978)250-9800

19. FINGER SCAN AND FACIAL RECOGNITION EQUIPMENT
(a) For Customer’s use of Equipment containing finger scan sensor and/or facial recognition technology (“FS/FR Equipment”), Customer warrants that it is compliant and will maintain compliance with all applicable biometric privacy laws with respect to its u se of FS/FR Equipment. If required by law, Customer further warrants that prior to using FS/FR Equipment it shall: (i) obtain signed releases from employees consenting to the use of the applicable FS/FR Equipment for employee timekeeping purposes; (ii) issue policies to their employees and the public regarding its retention and destruction of the finger scan or facial recogni tion data, and (iii) ensure that any releases, consents, or policies required by applicable law shall expressly apply to UKG and its authorized subcontractors. (b) Customer agrees to defend, hold harmless and indemnify UKG, its employees, directors, parent, subsidiaries and authorized partners and subcontractors (collectively, “UKG Indemnitees”) for any claims, damages, penalties or fines asserted or awarded against a UKG Indemnitee arising out of or relating to Customer’s breach of any of the warranties in section 19(a) above with respect to FS/FR Equipment. Upon receipt of notice of such a claim, Customer shall assume sole control o f the defense and settlement of such claim; provided that: (i) UKG shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim, on a monitoring and a non-controlling basis; (ii) Customer shall not settle any claim on any terms or in any manner that adversely affects the rights of UKG without its prior written consent; and (iii) UKG shall provide reasonable cooperation and assistance at Customer’s sole cost and expense.

20. GENERAL
(a) This Agreement shall be governed by State of California law. The parties waive the application of the United Nations Commission on International Trade Law and United Nations Convention on Contracts for the International Sale of Goods as to the interpretation or enforcement of this Agreement. (b) The invalidity or illegality of any provision of this Agreement shall not affect the validity of any other provision. The parties intend for the remaining unaffected provisions to remain in full force and effect.
(c) Customer shall not assign this Agreement or the license to the Software without the prior written consent of UKG and any purported assignment, without such consent, shall be void.
(d) Neither party shall be liable for failures or delays in performance due to causes beyond its reasonable control, including war, strikes, lockouts, fire, flood, storm or other acts of God. Both parties agree to use their best efforts to minimize the effects of such failures or delays. (e) All notices given under this Agreement shall be in writing and sent postage pre-paid, if to UKG, to the UKG address on the Order Form, or if to Customer, to the billing address on the Order Form.
(f) No action, regardless of form, may be brought by either party more than two (2) years after the cause of action has arisen. (g) The section headings herein are provided for convenience only and have no substantive effect on the construction of this Agreement. (h) The parties agree that if this Agreement is delivered via fax or electronically delivered via email it shall constitute a valid and enforceable agreement. (i) This Agreement and any information expressly incorporated herein (including information contained in any referenced URL), together with the applicable Order Form, constitute the entire agreement between the parties for the products and services described herein and supersede all prior or contemporaneous representations, negotiations, or other communications between the parties relating to the s ubject matter of this Agreement. This Agreement may be amended only in writing signed by authorized representatives of both parties. Customer understands and acknowledges that while UKG may disclose to customers certain confidential information regarding general product development direction, potential future products and/or product enhancements under consideration, Customer is not entitled to any products or product enhancements other than those contained on the Order Form. Customer has not relied on the availability of any future version of the Software or Equipment identified on an Order Form, nor any other future product in executing this Agreement.
(j) Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or subparagraph (c)(1)(2) of the Commercial Computer Software Restricted Rights clause at FAR 52.227-19, as applicable. Manufacturer/distributor is Kronos Incorporated, 900 Chelmsford Street, Lowell, MA.

City of Murrieta Kronos Incorporated
Dated: \d1\ Dated: \d2\
By: \s1\ By: \s2\
Name: \n1\ Name: \n2\
Title: \t1\ Title: \t2\

AJM31MAY23
226

Support Services Quote

Page 1 of 2 ends

Quote Type: Reinstatement
Customer: MURRIETA FIRE
Solution ID: 6105575
Payment Terms: Net 30 Days Contract #: 1188962 X11-JUL-23 Currency: USD Date: 11-JUL-2023
Customer PO Number: Prepared by: Nancy Starkie / US PublicSector3 Bill To: CITY OF MURRIETA
1 TOWN SQ
MURRIETA CA 92562-7922

UNITED STATES
Ship To: MURRIETA FIRE
41825 JUNIPER
MURRIETA CA 92562

UNITED STATES
Contact: DEFAULT EMAIL CONTACT
Email: [email protected]

CONTRACT SUMMARY
Contract Period: 01-JUL-2024 - 31-AUG-2024
Description Support Services Estimated Tax Subtotal
Software Support Services 569.36 0.00 569.36
Educational Services 126.07 0.00 126.07
Total 695.43 0.00 695.43
Annualized Contract Value: 4,094.06
The Annualized Contract Value is the value of the contract if all services are priced for 365 days. The Annualized Contract Value does not include estimated tax. Please note that this quote may include services priced for prorated periods.

IMPORTANT NOTES
This quote is provided for the "Gap" coverage renewal to match end date of Police.

Support Services are subject to applicable taxes. The tax amount shown on this quote is only an estimate. The actual tax due will be reflected on the invoice.

CITY OF MURRIETA KRONOS INCORPORATED
Signature:_______________________________________________ Signature:_______________________________________________ Name:___________________________________________________ Name:__________________________________________________

Title:_____________________________________________________ Title:____________________________________________________ Date:____________________________________________________ Date:____________________________________________________ 227

Support Services Quote

Page 2 of 2 ends

Quote Type: Reinstatement
Customer: MURRIETA FIRE
Solution ID: 6105575
Payment Terms: Net 30 Days Contract #: 1188962 X11-JUL-23 Currency: USD Date:

Customer PO Number: Prepared by: Nancy Starkie / US PublicSector3 Bill To: CITY OF MURRIETA
1 TOWN SQ
MURRIETA CA 92562-7922

UNITED STATES
Ship To: MURRIETA FIRE
41825 JUNIPER
MURRIETA CA 92562

UNITED STATES
Contact: KELLY HUNGERFORD
Email: [email protected]

SOFTWARE SUPPORT SERVICES
Line Support Service
Level Covered Product License
Count Start Date End Date Duration (days)
1 Platinum UKG TELESTAFF CONTACT MANAGER V7.1+ 90 01-JUL-2024 31-AUG-2024 62 2 Platinum UKG TELESTAFF ENTERPRISE V7.1+ 90 01-JUL-2024 31-AUG-2024 62 3 Platinum UKG TELESTAFF GLOBAL ACCESS V7.1+ 90 01-JUL-2024 31-AUG-2024 62 4 Platinum UKG TELESTAFF SMS MANAGER V7.1+ 90 01-JUL-2024 31-AUG-2024 62 Support
Services Estimated Tax Subtotal
Software Support Services 569.36 0.00 569.36

EDUCATIONAL SERVICES
Line Support Service
Level Covered Product License
Count Start Date End Date Duration (days)
1 Ed Services
Subscription KNOWLEDGE PASS 01-JUL-2024 31-AUG-2024 62
Support
Services Estimated Tax Subtotal
Educational Services 126.07 0.00 126.07
228

Support Services Quote

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Quote Type: Renewal
Customer: MURRIETA POLICE
Solution ID: 6106020
Payment Terms: Net 30 Days Contract #: 1188637 R03-MAY-23 Currency: USD Date: 04-MAY-2023
Customer PO Number: Prepared by: Sydney Margolis / US PublicSector3 Bill To: CITY OF MURRIETA
1 TOWN SQ
MURRIETA CA 92562-7922

UNITED STATES
Ship To: MURRIETA POLICE
24601 JEFFERSON AVE
MURRIETA CA 92562-7294

UNITED STATES
Contact: KELLY HUNGERFORD
Email: [email protected]

CONTRACT SUMMARY
Contract Period: 01-SEP-2023 - 31-AUG-2024
Description Support Services Estimated Tax Subtotal
Software Support Services 10,048.00 0.00 10,048.00
Educational Services 1,160.87 0.00 1,160.87
Total 11,208.87 0.00 11,208.87
Annualized Contract Value: 11,178.26
The Annualized Contract Value is the value of the contract if all services are priced for 365 days. The Annualized Contract Value does not include estimated tax. Please note that this quote may include services priced for prorated periods.

IMPORTANT NOTES
Like many organizations, UKG has experienced significant cost increases for infrastructure, energy, labor, and from our suppliers. We have been absorbing these rising costs to date. However, as we continue to confront inflationary pressures, UKG is in a position where we must offset a portion of these costs by charging a one-time economic adjustment fee.

Support Services are subject to applicable taxes. The tax amount shown on this quote is only an estimate. The actual tax due will be reflected on the invoice.

Support Services Quote

Page 2 of 2 ends

Quote Type: Renewal
Customer: MURRIETA POLICE
Solution ID: 6106020
Payment Terms: Net 30 Days Contract #: 1188637 R03-MAY-23 Currency: USD Date:

Customer PO Number: Prepared by: Sydney Margolis / US PublicSector3 Bill To: CITY OF MURRIETA
1 TOWN SQ
MURRIETA CA 92562-7922

UNITED STATES
Ship To: MURRIETA POLICE
24601 JEFFERSON AVE
MURRIETA CA 92562-7294

UNITED STATES
Contact: KELLY HUNGERFORD
Email: [email protected]

SOFTWARE SUPPORT SERVICES
Line Support Service
Level Covered Product License
Count Start Date End Date Duration (days)
1 Platinum UKG TELESTAFF CONTACT MANAGER V7.1+ 180 01-SEP-2023 31-AUG-2024 366 2 Platinum UKG TELESTAFF ENTERPRISE V7.1+ 180 01-SEP-2023 31-AUG-2024 366 3 Platinum UKG TELESTAFF GLOBAL ACCESS V7.1+ 180 01-SEP-2023 31-AUG-2024 366 4 Platinum UKG TELESTAFF SMS MANAGER V7.1+ 180 01-SEP-2023 31-AUG-2024 366 5 UKG ECONOMIC
ADJ UKG TELESTAFF ENTERPRISE V7.1+ 150 01-SEP-2023 31-AUG-2024 366 Support
Services Estimated Tax Subtotal
Software Support Services 10,048.00 0.00 10,048.00

EDUCATIONAL SERVICES
Line Support Service
Level Covered Product License
Count Start Date End Date Duration (days)
1 Ed Services
Subscription KNOWLEDGE PASS 01-SEP-2023 31-AUG-2024 366 Support
Services Estimated Tax Subtotal
Educational Services 1,160.87 0.00 1,160.87
230

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 5.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Ivan Holler, Assistant City Manager
SUBJECT: Agreement with Care Solace to Coordinate Access to Mental Health Services
..title

RECOMMENDATION
Approve an Agreement with Care Solace to coordinate access to mental health services for residents of the City of Murrieta;
Authorize the City Manager to execute the agreement; and Authorize a budget appropriation of $166,500 in the Fiscal Year 2023/24 Operating Budget using Opioid Settlement funds.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.

BACKGROUND
On January 17, 2023, the City Council appointed Mayor Pro Tem Stone and Council Member Levell to the Homelessness Services Subcommittee (Subcommittee) and directed that the Subcommittee include a Mental Health component. As presented by Mayor Pro Tem Stone and Council Member Levell, the stated purpose of the Mental Health Advisory component of the Homelessness Subcommittee was proposed to be as follows:
· Create educational and informational resources regarding mental health, including a website with a directory of social services;
· Increase awareness of mental health issues and prevention resources related to mental health; and · Promote existing and new initiatives through cooperation with the County of Riverside and other agencies.

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Agenda Item No. 5.

At a subsequent meeting with staff on February 13, 2023, Subcommittee members asked for additional information about Care Solace, a company that provides mental health coordination services. City Manager Kim Summers first contacted Care Solace at a City Managers conference in January 2023. And a representative provided an overview of the program and its benefits.

On April 14, 2023, at a scheduled Mental Health meeting, Care Solace presented information about their services to the Mental Health component of the Subcommittee. Several members of the public also attended the meeting.

Subsequently, at the Budget Workshop on May 2, 2023, the City Council directed staff to include funding in the upcoming budget for a potential future agreement with Care Solace to provide mental health referral services.

Grant and Lawsuit Settlement funds were identified as potential sources to fund this agreement.

Care Solace
Care Solace is a mental health coordination service designed to connect individuals needing mental health services with qualified mental health service providers. This eliminates the need for individuals to spend time searching for qualified providers and dealing with complex systems when they may be the least equipped to do so because of an immediate crisis. Care Solace currently works with several school districts in California to coordinate access to mental health care for students and their families, including the Murrieta Valley Unified School District (MVUSD). More recently, Care Solace has expanded its mental health coordination services to include cities, whereby all the residents and businesses of the city have access to the same coordination services as school districts.

Because Care Solace currently contracts with MVUSD, staff was able to negotiate a lower price for their coordination services. The lower price reflects that portion of the City of Murrieta’s(City) population that is already receiving services from Care Solace through the school district.

Access to mental health coordination services is provided through an online platform (which allows for self- referrals), emails, text messages, phone, or video chat. Access is available 24/7 and in approximately 200 languages. Rapid access to services is crucial in a crisis.

Other unique features include using a “warm handoff” where Care Solace facilitates contact between the mental health service provider and the individual seeking care to ensure the service provider meets their needs. In addition, first responders can also contact Care Solace directly from the field when working with a 5150 WIC individual. Care Solace can be used to supplement Community Behavioral Health Assessment Team members by providing support to the family of the individual or to the individual themselves if there are no family members available or even if the individual does not meet 5150 WIC thresholds but still needs help.

Care Solace will also utilize proprietary case management and referral tracking software to provide monthly reporting to the City, including the total number of users, confirmed appointments, “warm handoffs,” and insurance pathways used to provide service. All such reports are fully compliant with the Health Insurance Portability and Accountability Act.

If approved, staff will need to work with Care Solace to:
· Receive training on Care Solace platforms and services; · Develop website branding;
· Announce new services that are available to residents; · Integrate referrals from first responders; and
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Agenda Item No. 5.
· Review monthly service metrics.

Sole Source
Care Solace is unique in that they provide mental health coordination services using a variety of mental health providers. After completing substantial online research, staff was unable to locate any other mental health coordination services that offered:
· 24/7 access and support;
· Streamlined process to connect individuals needing mental health services with mental health providers;
· “Warm handoff” process; and
· Coordination with first responders.

The Murrieta Municipal Code Section 3.08.280 allows for exceptions to the competitive bidding process. Upon approval, the City Council acknowledges that the competitive bidding process was not followed in the selection of Care Solace.

FISCAL IMPACT
The annual cost of the Care Solace Agreement is $166,500. Funding is available to cover the cost of this agreement in the Lawsuit Settlement fund, 338. Staff requests a budget appropriation of $166,500 in the Fiscal Year 2023/24 Operating Budget.

ATTACHMENTS
1) Agreement with Care Solace
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Consultant Agreement 01375.0001/906683.1 Murrieta Form 04/10 AGREEMENT BETWEEN THE CITY OF MURRIETA AND CARE SOLACE INC. This Agreement (“Agreement”), made this 1st day of August 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and Care Solace Inc., a Delaware Corporation ("CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct: RECITALS A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code. B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060. C. CITY desires or is in need of an organization to coordinate access to mental health services and social services resources. D. CONSULTANT has special knowledge, experience, and facilities for accomplishing the above services. E. CITY now desires to retain CONSULTANT to accomplish the above services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, it is agreed by and between the parties as follows: OPERATIVE PROVISIONS 1. RESPONSIBILITIES OF CONSULTANT 1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24. 1.2 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.

DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 234886

01375.0001/906683.1 2

1.3 Monthly Written Reports. The VP, of Community Implementation & Engagement for CONSULTANT shall prepare and submit to the designated CITY representative a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month. 2. ADMINISTRATION OF AGREEMENT 2.1 CITY appoints its City Manager, or their designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services. 2.2 CONSULTANT shall keep the City Manager, CITY’s representative, or their designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify. 2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows: For CITY: Ivan Holler, Assistant City Manager Address: City of Murrieta One Town Square 24601 Jefferson Avenue Murrieta, CA 92562 Phone: (951) 461-6010 Facsimile: (951) 461-6430 For CONSULTANT: Peter Biberstein, General Counsel & VP of Business Affairs] CONSULTANT: Care Solace, Inc.] Address: 1624 Market St., Suite 226 PMB 94660 Denver, CO 80202-1559 Phone: (785) 532-8903 Facsimile: N/A 3. TERM 3.1 The term of this Agreement shall be from August 15, 2023, until August 15, 2024, with two one-year extensions through August 15, 2026, upon the mutual consent of the parties as evidenced by a written amendment to this Agreement. The City’s City Manager is authorized to sign an amendment extending the term of this Agreement on behalf of the City. 3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement. 4. PAYMENT TO CONSULTANT 4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT the sum of one- DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 235887

01375.0001/906683.1 3
hundred sixty-six thousand five hundred dollars per year ($166,500/annually). If both one-year extensions are approved, the total not to exceed sum of this Agreement will be four-hundred ninety-nine thousand five hundred dollars ($499,500). 4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT. 4.3 Payments. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities. 5. STATUS OF CONSULTANT 5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents and representatives shall be deemed an employee of the CITY for any purpose. 5.2 Employee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave or other benefits. 5.3 Workers' Compensation Insurance. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section 6.1.2 of this Agreement. 6. INSURANCE CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 236888

01375.0001/906683.1 4
all insurance, including a copy of the Declarations and Endorsement Page as required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, complete copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6. 6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows: 6.1.1 Commercial General Liability. Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of Two Million Dollars ($2,000,000) per occurrence and subject to an annual aggregate of Four Million Dollars ($4,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37). 6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim. 6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of Two Million Dollars ($2,000,000) per claim and Four Million Dollars ($4,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss. 6.1.4 Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 6.2 Insurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 237889

01375.0001/906683.1 5
California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California. 6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided. 6.4 Specific Provisions Required. Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non-contributory to any insurance that may be carried by CITY; and (b) CITY is entitled to thirty (30) days’ prior written notice (10 days for cancellation due to non-payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy. 6.5 Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’s indemnity and defense obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and CONSULTANT’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY. 6.6 Special Risks or Circumstances: CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. AUDIT AND INSPECTION OF RECORDS At any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement. All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time. 8. CONFIDENTIALITY AND USE OF INFORMATION 8.1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or their designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.

DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 238890

01375.0001/906683.1 6

8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder. 8.3 Ownership of Records. All records created by the CONSULTANT directly for CITY shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files, except to the extent such records contain or relate to Protected Health Information (“PHI”) as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement, consistent with applicable law. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment. 9. NOTICE All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the parties are as set forth in Section 2 above. 10. TERMINATION FOR CAUSE 10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency. Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY. 10.2 In the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set forth herein.

DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 239891

01375.0001/906683.1 7

11. TERMINATION FOR CONVENIENCE OF CITY 11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date. 11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work. 12. PERFORMANCE AFTER TERMINATION Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon their request, as property of CITY. 13. DEFENSE AND INDEMNIFICATION 13.1 CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance under this Agreement or any negligent or wrongful act or omission by CONSULTANT, its officers, employees, representatives, subcontractors, or agents regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY. 13.2 General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assurances of protection of the CITY's interest. The CITY shall, in its sole discretion determine whether such assurances are reasonable. CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub-consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.

DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 240892

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14. CONFLICT OF INTEREST 14.1 CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest. 14.2 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT. If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation. 14.3 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree. 14.4 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest. 15. ASSIGNMENT No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval. 16. SURVIVAL CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement. 17. COMPLIANCE WITH APPLICABLE LAWS CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 241893

01375.0001/906683.1 9
Agreement or arising out of the performance of such activities. 18. PERMITS/LICENSES CONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement. 19. NONDISCRIMINATION IN EMPLOYMENT CONSULTANT agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law. If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti-discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement. 20. NON-WAIVER The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement. 21. SEVERABILITY If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way. 22. DISPUTES 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. 23. REMEDIES The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 242894

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24. ENTIRE AGREEMENT/AMENDMENT This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement. 25. GOVERNING LAW/VENUE The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County. 26. BINDING AGREEMENT This Agreement is intended to be binding on the parties and their respective successors and assigns. 27. NUMBER The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires. 28. WARRANTY OF AUTHORITY Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made. 29. COUNTERPARTS This Agreement may be executed in counterparts, all of which taken together will be considered one original document.

DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 243895

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY: CITY OF MURRIETA CONSULTANT: Care Solace, Inc. By: _____________________________ By: _______________________ Kim Summers, City Manager Chad A. Castruita/CEO By: _______________________ Peter Biberstein General Counsel & VP of Business Affairs Attest: _____________________________ Cristal McDonald, City Clerk Approved as to Form: _____________________________ Tiffany Israel, City Attorney DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 7/24/2023
7/24/2023
244896

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EXHIBIT A Scope of Services The Consultant will provide mental health care coordination services for the residents of the City of Murrieta and City staff. Mental health coordination services are defined as: • A 24/7 online platform for individuals to find mental health services that match their specific needs • 24/7 phone, video chat, or text access to find mental health services that match an individual’s needs • Offer multilingual access in over 200 languages • Addressing referrals from City departments and other agencies • Providing a “warm handoff” from Consultant to mental health service providers. A “warm handoff” means that the Consultant facilitates contact with the mental health service provider and includes follow-up with the individual seeking care to ensure the mental health service provider meets their needs. • Maintain a database of mental health service providers and social service resources in and around Murrieta who are available to treat/assist City residents/staff • Provide monthly reporting to the City, including, but not limited to the following Key Performance Indicators: o Total system utilization o Number of users o Total communications o Confirmed appointments o “Warm handoff” referrals from staff o Insurance pathways used to provide service The Consultant will utilize their proprietary systems to provide the services outlined above as follows: • Care Loop – case management and referral tracking software that is compliant with HIPAA. Right-to-know, need-to-know basis access to Care Loop shall be provided to: o City of Murrieta Human Resources staff (for City employees only) o City of Murrieta Police Department o City of Murrieta Fire Department o Licensed and screened mental health providers o Local hospitals (entry and discharge for WIC 5150 patients) o Riverside County Court system o Riverside County Social Services system o City may add additional referring departments if needed • Consultant will provide the City access to the following non-personally identifiable information collected from City residents/staff: number of visitors, matches, and phone appointments. If the City desires to obtain personally identifiable information or PHI from Consultant related to a particular City resident’s/staff member’s use of the Services, City shall obtain and deliver to Consultant a duly executed HIPAA-compliant authorization from the City resident/staff member, or their legal guardian if applicable, in a form that complies with applicable laws.

DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 245897

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• Care Match – online platform for individuals to make self-referrals to mental health service providers o Consultant will create and maintain a City of Murrieta branded link available to all residents • Care Companions – live call-takers available 24/7 to all residents, who are trained and capable , finding appropriate providers, securing an appointment and providing follow-through on patient care o Accept “warm handoffs” from City departments and other partner agencies o Accept calls from any resident • Provider Database – database of mental health service providers in and around the area o Providers must be licensed, master’s level clinicians o Confirms that state licensing is in good standing (e.g., no disciplinary entries, license is current and active) The Consultant will provide a Client Success Team to: • Support onboarding, training and ongoing customer service for the City • Customize Consultant platforms for the City’s specific needs, including the WIC 5150 referral process for first responders • Assist with ongoing implementation support • Assist with co-branded marketing materials to inform residents about mental health care coordination services DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 246898

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EXHIBIT B Disclosures Consultant is not a Treatment Provider Consultant is not a mental health treatment provider or a provider network, and does not provide mental health treatment or other health care treatment to Authorized Users. Rather, Consultant acts solely as a care coordinator by connecting Authorized Users to Treatment Providers. Consultant does not represent, warrant or guarantee that Treatment Providers are of a particular quality. Consultant shall not be liable for the quality of care provided by Treatment Providers. Healthcare Fraud and Abuse The Parties agree that to the extent this Agreement is subject to any state or federal law provisions governing health care fraud and abuse, the Parties shall comply with applicable local, state, and federal statutes, rules, and regulations, which may include, but not be limited to, 42 U.S.C. § 1320a-7b(b) (the Anti-Kickback Statute), 42 U.S.C. § 1395nn (the Stark Law), and the California Physician Ownership and Referral Act of 1993, to the extent applicable. This Agreement shall be interpreted and construed at all times in a manner consistent with applicable laws and regulations governing the financial relationships among individuals and entities that provide or arrange for the provision of items or services that are reimbursable by governmental health care programs or other third party payers. Intellectual Property Ownership of any and all rights, whether registered or unregistered, in and with respect to patents, copyrights, confidential information, know-how, trade secrets, moral rights, contract or licensing rights, confidential and proprietary information protected under contract or otherwise under law, trade names, domain names, trade dress, logos, animated characters, trademarks, service marks, and other similar rights or interests in intellectual or industrial property (hereinafter “Proprietary Rights”) embodied in the Branded Site, the Services, and the computer hardware, software and other tangible equipment and intangible computer code necessary to deploy and serve the Services (hereinafter the “Technology”) shall remain exclusively vested in and be the sole and exclusive property of Consultant and its licensors.

DocuSign Envelope ID: 948EEDC3-22D2-4B06-B60E-4C1DD13E993C 247899

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 6.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Director of Community Services
PREPARED BY: Crystal Arora, Management Analyst - Parks & Recreation SUBJECT: Acceptance of Multiple Donations to the Community Services Department

RECOMMENDATION
Accept donations from various entities totaling $5,150 for Concerts and Movies in the Park.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.

BACKGROUND
The Community Services Department receives various donations throughout the year. These donations can include sponsorships for special events or funds to assist with capital improvement projects that benefit the community through parks and community services. Current donations to be accepted include:

Donor Description Total Donation
Aguilera Homes Concerts in the Park $950
Rancho California Water District Concerts and Movies in the Park $1,800 Associa Equity Management Movies in the Park $2,400
Grand Total $5,150

FISCAL IMPACT
The Donations mentioned in this report will be deposited into Revenue Account 1105000 - 47705. A Donation budget was established as part of the Fiscal Year 2023/24 Operating Budget.

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8/15/2023
Agenda Item No. 6.

ATTACHMENTS
None.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 7.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Brian Crawford, Senior Program Manager - Parks & Recreation SUBJECT: Murrieta Library Roof Replacement Construction Contract

RECOMMENDATION
Award a construction contract for the Murrieta Library Roof Replacement Project, CIP 21023, to Best Contracting Services, Inc., in the amount of $348,421 with a 15% contingency; Authorize the Mayor to execute the agreement; and
Approve an additional budget appropriation for CIP 21023.

PRIOR ACTION/VOTE
On August 16, 2022, the City Council adopted Resolution No. 22-4601, approving the Fiscal Year 2022/23 to Fiscal Year 2026/27 Capital Improvement Plan, which included Library Building Roof Project, CIP 21023 (Vote:
5-0).

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
The Murrieta Public Library was constructed in 2007, and the current roof consists of a 4-ply “built-up”roof that is nearing the end of its useful life. Industry standards suggest replacing the roof every 15-20 years. The roof has had several leaks, including contributing to the leak over the attached bookstore during recent rain events.

After careful research and consulting with roofing industry experts, staff has determined that a single-ply, PVC membrane roofing system will provide better insulation, water protection, and fire protection. With regular maintenance provided by certified technicians, this type of roofing system should last 25-30 years. The selected contractor will make any required repairs to the current roof, prepare and install a new PVC membrane roofing system (Project), and provide a 2-year preventative maintenance program that will allow the City to qualify for an extension of the standard 20-year warranty to a 25-year warranty.

The City publicly advertised the Project on June 5, 2023, and again on June 15, 2023. A total of six (6) construction bids were received on July 10, 2023. Three (3) of the bids were deemed not responsive since the CITY OF MURRIETA Printed on 1/22/2024Page 1 of 2
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8/15/2023
Agenda Item No. 7.
construction bids were received on July 10, 2023. Three (3) of the bids were deemed not responsive since the bidders did not include the required documents and information outlined in the bid document instructions.

The bids are as follows:

Vendor Total Base Bid Responsive?
Sylvester Roofing $240,155 No
Best Contracting Services, Inc. $348,421 Yes
Chapman Coast Roofing Co., Inc $349,805 No
Letner Roofing Company $381,500 Yes
Rite-Way Roof Corporation $387,053 No
Commercial Roofing Systems, Inc. $452,131 Yes
The bids were reviewed and it was determined that the item prices are consistent with today’sconstruction market and recommends that the contract be awarded to the lowest responsive bidder, Best Contracting Services, Inc, in the amount of $348,421, plus a fifteen percent (15%) contingency (Attachment 1). No bid protests were received for this project.

FISCAL IMPACT
CIP No. 21023 has a current budget of $231,000 to cover the cost of permit and inspection fees, construction, and contingency. Construction costs came in higher than anticipated so staff is seeking an additional appropriation of $187,421 from Measure T Unassigned Fund Balance.

ATTACHMENTS
1) Best Contracting Services, Inc. Construction Contract and Bid Response CITY OF MURRIETA Printed on 1/22/2024Page 2 of 2
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CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS

CONTRACT C 1 CITY PROJECT 23-459, LIBRARY ROOF REPLACEMENT

CONTRACT

CITY OF MURRIETA LIBRARY ROOF REPLACEMENT PROJECT
CITY PROJECT NO. 23-459
CIP 21023

THIS CONTRACT, made and entered into the 15th day of August, 2023, by and between the City of Murrieta, a municipal corporation, hereinafter referred to as "CITY," and Best Contracting Services, Inc., h ereinafter referred to as "CONTRACTOR." WITNESSETH:

That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACT DOCUMENTS . T he complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Special Provisions entitled { CITY OF MURRIETA LIBRARY ROOF REPLACEMENT PROJECT}, Insurance Forms, this Contract, and all modifications and amendments thereto, and the latest version of the Standard Specifications for Public Works Construction, Parts 1 through 6, with the exception of Section 307, "Street Lighting and Traffic Signals," and the addition of the Standard Specifications, Department of Transportation, State of California State Standard Specifications, Section 86, "Signals, Lighting and Electrical Systems," and Section 56, "Signs," dated May 2006.

The Plans co nsist of:

PLANS FOR THE CITY OF MURRIETA LIBRARY
ROOF REPLACEMENT PROJECT: CIP Project NO. 21023
Copies of the Standard Specifications for Public Works Construction are available from the publisher:

Building News, Inc. (BNi)
990 Park Center Drive, Suite E
Vista, CA 92081
(760) 734-1113
www.bnibooks.com
The aforementioned Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the Plans and Specifications of this Contract.

In case of conflict between the Standard Specifications for Public Works Construction or State Standard Specifications, and the remaining Contract Documents, the remaining Contract Documents shall take precedence over and be used in lieu of such conflicting portions.

Where the Plans or Specifications describe portions of the work in general terms, b ut not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. 252

CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS

CONTRACT C 2 CITY PROJECT 23-459, LIBRARY ROOF REPLACEMENT

Unless otherwise specified, CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.

The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.

2. SCOPE OF WORK. CONTRACTOR shall perform the work as shown on the Contract Drawings, shall furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the completion of the following project:

CITY OF MURRIETA LIBRARY ROOF REPLACEMENT PROJECT
CITY PROJECT NO. 23-459
CIP 21023
All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY.

3. CITY APPROVAL . All labor, materials, tools , equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of CITY or its authorized representatives.

4. CONTRACT AMOUNT AND SCHEDULE . C ITY agrees to pay and Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

CONTRACTOR agr ees to complete the work on CITY OF MURRIETA LIBRARY ROOF REPLACEMENT PROJECT in a period not to exceed T hirty (30) working days per Section 6-7 of the Standard Specifications for Public Works Construction, commencing upon the date stated in the Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY.

5. CHANGE O RDERS. All change orders shall be approved by the City Council, except that the City Manager or his designee is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed fifteen (15) percent of this Contract amount and the City Manager or his designee shall notify City Council in a public meeting if changes or additions to the work exceed ten (10) percent of this Contract amount.
253

CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS

CONTRACT C 3 CITY PROJECT 23-459, LIBRARY ROOF REPLACEMENT

6. PAYMENTS/ACCEPTANCE OF WORK. The text of Subsection 9- 3.2 of the Standard Specifications for Public Works Construction is hereby deleted and replaced with the following:

The closure date for the purpose of making partial progress payments will be the last day
of each month. CONTRACTOR shall prepare the approximate measurement of the work performed through the closure date and submit it to CITY for approval by the tenth (10th) day of the following month. Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full five percent (5%) retention will be deducted from all progress payments. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work.

Upon completion of the work, CONTRACTOR shall so notify Engineer, in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit "CONTRACTOR'S AFFIDAVIT." Upon receipt of the notification, Engineer shall promptly, by personal inspection, determine the actual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship that do not meet the terms of the Contract, he shall prepare a preliminary punch list of such items and submit it to CONTRACTOR. Final determination of acceptability shall be made by CITY. Upon acceptance of the work, CITY shall file a Notice of Completion.

The conditions of the guarantee shall commence on the date that CITY files a Notice of Completion. CITY shall make final payment to CONTRACTOR in the manner provided by law following the expiration of thirty-five (35) days after filing the Notice of Completion.

The final payment shall include the entire sum found to be due hereunder after deducting all previous payments and such other lawful amounts as the terms of this Contract describe.

7. LIQUIDATED DAM AGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of five hundred dollars ($ 500) per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 4 of this Contract.

Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of CONTRACTOR, including delays caused by CITY.

CONTRACTOR is required to promptly notify CITY of any such delay.

8. WAIVER OF CLAI MS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation under or arising out of this Contract; the acceptance by CONTRACTOR of the final payment shall constitute a waiver of all claims against CITY under or arising out of this Contract except those previously made in writing and request for payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnify agreement with each claim for payment.
254

CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS

CONTRACT C 4 CITY PROJECT 23-459, LIBRARY ROOF REPLACEMENT

9. PREVAILING WAGES. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from Director of the Department of Industrial Relations. These rates are on file with the City Clerk.

Copies may be obtained at cost at the City Clerk's office of Murrieta. CONTRACTOR shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.

Pur
suant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract.

10. WORKERS' COMPENSATION LIABILITY INSURANCE . CONT RACTOR, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code that requires every em
ployer to be insured against liability for Workers' Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract."

11. TIME OF T HE ESSENCE. Time is of the essence in this Contract.

12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless, and defend CITY, its officers, employees, and agents against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of CITY.

13. CONTRACTOR'S INDEPENDENT INVESTIGATION. No pl ea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by CITY for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of CONTRACTOR to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
255

CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS

CONTRACT C 5 CITY PROJECT 23-459, LIBRARY ROOF REPLACEMENT

14. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.

15. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparer of the Drawings and Specifications for this project.

CONTRACTOR further warrants that no person in his employ has been employed by CITY within one (1) year of the date of Notice Inviting Bids.

16. CONTRACTOR'S AFFIDAVIT. Afte r completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provisions of the laws of the State of California.

17. SIGNATURE OF C ONTRACTOR

Corporations:

The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office.

Partnerships:

Names of all persons comprising the partnership or co-partnership must be stated. Bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging signer to be a general partner is presented to the City Clerk, in which case the general partner may sign.

Joint Ventures:

Bids submitted as joint ventures must so state and be signed by each joint venturer.

Individuals:

Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk's office, in which case said person may sign for the individual.

The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature. 256

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CONTRACT C 6 CITY PROJECT 23-459, LIBRARY ROOF REPLACEMENT

18. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, CONTRACTOR may substitute securities for any monies withheld by CITY to ensure performance under the Contract.

At
the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a State or Federally chartered bank or an escrow agent who shall pay such monies to CONTRACTOR upon notification by CITY of CONTRACTOR's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office.

19. RESOLUTION OF CLAIMS. A ny dispute or claim arising out of this Contract shall be arbitrated pursuant to Section 10240 of the California Public Contracts Code.

20. NOTICE TO CIT Y OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY.

21. BOOKS AND RECORDS. CO NTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of CITY.

22. UTILITY LOCA TION. CITY acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.

23. REGIONAL NOTIFICATION CENTERS . CO NTRACTOR agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.

24. TRENCH PROTECTION AND EXCAVATION. CO NTRACTOR shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.

A. CONTRACTOR shall, without disturbing the condition, notify CI TY, in writing, as soon as CONTRACTOR, or any of CONTRACTOR's
subcontractors, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
(1) The presence of any material that CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
(2) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
(3) Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract. 257

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CONTRACT C 7 CITY PROJECT 23-459, LIBRARY ROOF REPLACEMENT

B. Pending a determination by CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

C. CITY shall promptly investigate the reported conditions. If CITY, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR's cost of, or time required for, performance of any part of the work, then CITY shall issue a change order.

D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR's cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract. CONTRACTOR shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.

25. INSPECTION. Th e work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.

26. DISCRIMINATION. CO NTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.

27. GOVERNING LAW . Thi s Contract and any dispute arising hereunder shall be governed by the law of the State of California.

28. WRITTEN NOT ICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of CONTRACTOR as set forth in the Contract Documents, and to CITY addressed as follows:

Br
ian Crawford
Senior Program Manager
City of Murrieta
1 Town Square
Murrieta, CA 92562
258

CITY OF MURRIETA, DEPARTMENT OF PUBLIC WORKS

CONTRACT C 8 CITY PROJECT 23-459, LIBRARY ROOF REPLACEMENT

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.

DATED: BEST CONTRACTING SERVICES, INC.

By:

Mojitaba Tabazadeh

Print or type NAME
President
Print or type TITLE
310-328-6969
Phone Number

By:

Sean Tabazadeh

Print or type NAME
CEO
Print or type TITLE
310-328-6969
Phone Number

DATED:

APPROVED AS TO FORM:

CITY OF MURRIETA

By:

Lisa DeForest, Mayor

Tiffany J. Israel, City Attorney
ATTEST:

Cristal McDonald, City Clerk 259
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 8.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Director of Community Services
PREPARED BY: Lindsay Sisti, Assistant Management Analyst SUBJECT: Funding Agreement with the Riverside County Flood Control and Water Conservation District and Awarding of Encampment
Clean-up Agreements

RECOMMENDATION
Approve a funding agreement between the City of Murrieta and Riverside County Flood Control and Water Conservation District for cleanup of trash, debris, and other items on District-owned property and authorize the City Manager to execute all applicable documents; Approve an Agreement for On-Call Homeless Encampment Clean-Up Services between the City of Murrieta and HCI;
Approve an Agreement for On-Call Homeless Encampment Clean-Up Services between the City of Murrieta and Clean Harbors; and
Authorize a budget appropriation of $75,000 under account 1105100-60480 and an offsetting revenue budget in account 1105100-42223 associated with the funding agreement with Riverside County Flood Control and Water Conservation District in Fiscal Years 2023/24 and 2024/25.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.

BACKGROUND
The Riverside County Flood Control and Water Conservation District (District) is the regional flood management authority for the western part of Riverside County (County). The District also provides certain floodplain management, development review, NPDES compliance, etc., for the entire County.

The District owns, operates, and maintains a large portion of the major creeks and flood control channels in the City of Murrieta (City), including areas within Murrieta Creek. The creek beds and waterways are frequently CITY OF MURRIETA Printed on 1/22/2024Page 1 of 3
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Agenda Item No. 8.
the City of Murrieta (City), including areas within Murrieta Creek. The creek beds and waterways are frequently used for homeless encampments, and as a result, accumulate significant amounts of trash, debris, abandoned personal property, and hazardous materials. The City and the District have mutually agreed on the need to provide cleanup services on District property to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of the property, and to reduce the risk of soil and water contamination.

The attached Funding Agreement (Agreement) gives the City and its contractors permission to enter District property to remove materials from the property either at the District’srequest or as determined by City staff.

The Agreement provides that the District shall reimburse the City for its costs of performing the work, including the cost of contractors working on behalf of the City.

The Agreement authorizes the City to perform material removal services on District-owned property, and the District shall reimburse the City up to $75,000 in any given fiscal year, up to $225,000 over the entire term of this Agreement. The Agreement may be renewed in future years by mutual agreement of the City and District.

The Agreement requires the City to follow the Material Removal Procedures outlined in Exhibit B and keep the District apprised of its efforts to remove materials from District-owned properties.

To provide the services agreed upon between the District and the City, as well as maintain homeless encampment clean-up services throughout the City, staff is seeking to enter into agreements with two vendors that specialize in proper encampment clean-up and sterilization. The City’sHomeless Services Division lacks appropriate staffing, health and safety disposal knowledge, and necessary supplies to properly clean encampment sites. Allowing subject matter experts to conduct the clean-up while staff maintains control of the storage and retention of the property increases the probability of program success and decreases the chances for future legal action against the City.

In April, staff released a Request for Proposal (RFP) for as-needed, on-call encampment clean-up services.

Proposals were due on April 28, 2023. Four responses were received from Clean Harbors, HCI Environmental, Singh Group, and United Pumping. After review of the proposals, staff held interviews with all four proposers on May 30, 2023. Staff asked questions designed to test the knowledge of all proposers regarding proper procedures, capacity, experience, and cost. The panel selected the top two vendors based on a point system that was independently scored by the panel, and the two highest-scoring vendors recommended were: Clean Harbors and HCI Environmental.

Since it is difficult to predict how many and how often encampments will arise within the city, staff has structured the agreements on an as-needed basis based on rates proposed by the vendors with a not-to- exceed amount. Encampments come in all levels of disarray, spanning from an individual tent to entire communities that contain thousands of yards of debris and hazardous waste. Having multiple vendors will allow the staff and law enforcement to react timely and efficiently. The intention will be to utilize each of the two companies on a rotating basis, or, if needed, call in the company best suited to each unique situation (such as a large-scale or biohazard clean-up). Each job will require the vendor to submit a cost proposal, including labor, time, supplies, and equipment, before commencing work to ensure accountability. The two vendors will also be the contacts used for the agreement between the District and the City.

Each vendor will be conducting two separate services on behalf of the City: Murrieta Creek clean-up through the District agreement, and as-needed clean-ups throughout the rest of the city. City staff will be the point of contact for the vendors in both instances. Funding for the as-needed clean-ups has already been approved in the current budget cycle, and is separate from the funding being received by the District.

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FISCAL IMPACT
Approving the two on-call encampment contractor agreements will result in expenditures not to exceed $65,000 per vendor per fiscal year ($195,000 each). The total authority for the two agreements will be $390,000 over the three-year term. Funding was included in the operations and maintenance (O&M) account 1105100-60480 for FY 2023/24 for clean-ups on City property.

An additional appropriation of $75,000 per fiscal year ($225,000 over the initial term of the Agreement) is needed for on-call encampment clean-ups on District properties located within the City boundaries. As a result, staff requests that the City Council authorize a budget appropriation of $75,000 under account 1105100-60480 and an offsetting revenue budget in account 1105100-42223 as the City will be reimbursed pursuant to the funding Agreement with Riverside County Flood Control and Water Conservation District in Fiscal Years 2023/24 and 2024/25. The budget appropriation for the final year of the Agreement will be requested in a future biennial budget.

ATTACHMENTS
1) Agreement with Riverside County Flood Control
2) Agreement with HCI
3) Agreement with Clean Harbors
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FUNDING AGREEMENT

Removal of Debris Materials

This Funding Agreement ("AGREEMENT"), dated as of
_________________________, is entered into by and between the Riverside County Flood Control and Water Conservation District, a body politic, ("DISTRICT") and the City of Murrieta, a California municipal corporation, ("CITY"). DISTRICT and CITY are individually referred to herein as "Party" and collectively referred to herein as the "Parties". The Parties hereto agree as follows:

RECITALS
A. DISTRICT is the owner of certain real property located in the city of Murrieta ("PROPERTY"), as shown in concept in red on Exhibit "A" , attached hereto and incorporated herein by this reference. PROPERTY is used for flood control and water conservation facilities and open space. A significant portion of PROPERTY is in its natural condition.

B. At various times, significant amounts of trash, debris, biological materials, abandoned personal prope rty and other similar material ("MATERIALS") accumulate on PROPERTY, which need to be cleaned up in order to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of PROPERTY and to reduce the risk of soil and water contamination.

C. CITY benefits from the efforts to maintain the efficiency of the flood control and water conservation facilities, the integrity of the natural state of PROPERTY and to reduce the risk of soil and water contamination as residential, commercial, parks and recreation facilities are located around PROPERTY and are within the jurisdictional boundaries of CITY.

D. CITY has experience and expertise in the maintenance of drainage facilities and the implementation of stormw ater quality programs and activities to comply with the 272
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requirements of the National Pollutant Discharge Elimination System ("NPDES") permit and Municipal Separate Storm Sewer System ("MS4") permit.

E. DISTRICT and CITY desire to use their respective res ources to maintain PROPERTY for the mutual benefit of both Parties.

NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties hereto mutually agree that the above recitals are true and correct and incorporated into the terms of this AGREEMENT and as follows:

AGREEMENT

1. Maintenance of DISTRICT PROPERTY.

A. DISTRICT hereby grants to CITY, its agents and contractors the authority to enter PROPERTY for the purpose of removing MATERIALS, subject to the te rms of this AGREEMENT. The General Manager-Chief Engineer of DISTRICT shall designate in writing to CITY the person who shall represent DISTRICT in the coordination and supervision of the removal of MATERIALS ("DISTRICT REPRESENTATIVE") and the contact in formation for such representative. CITY's City Manager shall designate in writing to DISTRICT the person who shall represent CITY in the coordination and supervision of the removal of MATERIALS ("CITY REPRESENTATIVE") and the contact information for such representative.

B. CITY, its agents and contractors may enter PROPERTY for the purpose of the removal of MATERIALS either at the request of DISTRICT or upon its own determination that such MATERIALS are present on PROPERTY. If CITY determines MATERIALS are on PROPERTY and need to be removed, CITY shall notify DISTRICT REPRESENTATIVE in writing as soon as practicable following such determinat ion of the location and nature of MATERIALS. CITY shall attempt to make such notification at least ten (10) calendar days prior to the removal of MATERIALS, in accordance with the Material Removal Procedures as set 273
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forth in Exhibit "B" , attached hereto an d incorporated herein by this reference. However, CITY's notification shall be no less than three (3) business days prior to MATERIALS removal.

C. Once the pre-material removal assessment and other requisite actions have been taken, CITY shall remove MATERIA LS with its own forces or with contractor in accordance with (i) Exhibit "B", Material Removal Procedures, (ii) CITY's Standard Operating Procedures regarding the removal of unlawful campsites, bulky items and personal property, and (iii) all applicable federal, state and local laws, rules and regulations in order to prevent the infringement of any state or federal rights. Additionally, CITY shall record the removal of MATERIALS in accordance with Exhibit "C", Cleanup Report ("REPORT"), attached hereto and incorporated herein by this reference. The General Manager-Chief Engineer of DISTRICT and the City Manager of CITY ar e hereby authorized to amend this Agreement for the limited purpose of (i) updating PROPERTY as shown in Exhibit "A" and (ii) revising the procedures and/or reporting set forth in Exhibits "B" and "C".

D. CITY must submit a completed REPORT(s) to DISTRICT within seven (7) calendar days after the completion of each MATERIALS removal.

E. DISTRICT reserves the right to postpone the removal of MATERIALS located on PROPERTY and/or reassign the removal of MATERIALS to DISTRICT by following the procedures set forth in the Materials Removal Procedures. Such delays and reassignments shall be handled on a case-by-case basis as to be determined by DISTRICT REPRESENTATIVE in consultation with CITY staff.

2. Regulatory Permits.

A. Any permits, approvals or agreements required by any federal, state or local resource and/or regulatory agency for the removal of MATERIALS must be obtained prior to commencing removal of MATERIALS. Such documents include, but are not limited to, those issued by the U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, California Regional 274
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Water Quality Control Board, California Department of Fish and Wildlife, State Water Resources Control Board and Western Riverside County Regional Conservation Authority, hereinafter called "REGULATORY PERMITS". DISTRICT shall be responsible for determining what, if any, REGULATORY PERMITS must be obtained prior to the removal of MATERIALS.

Responsibility for REGULATORY PERMITS shall be handled on a case-by-case basis as to be determined by DISTRICT REPRESENTATIVE.

B. In the event that CITY needs to obtain any of the REGULATORY PERMITS, CITY shall ensure that any REGULATORY PERMITS secured by CITY, including any subsequent renewal or amendments thereto, will not (i) impede DISTRICT's ability to perform all necessary operation and maintenance activities for PROPERTY as determined by DISTRICT or (ii) include any stipulations that would result in additional mitigation obligations being placed upon DISTRICT for maintenance operations within DISTRICT's right of way.

3. Compensation for Services Performed by CITY.

A. The compensation for services performed by CITY under this AGREEMENT shall not exceed the total of sum of Two Hundred Twenty-Five Thousand Dollars ($225,000) over the entire term of this AGREEMENT ("DISTRICT CONTRIBUTION") and shall be used by CITY solely for the purpose of removal of MATERIALS as set forth herein.

DISTRICT CONTRIBUTION is contingent upon the availability of DISTRICT funds and budgetary approval.

B. In the event AGREEMENT is terminated, DISTRICT shall make payment for all services performed in accordance with this AGREEMENT to the date of termination in accordance with Section 5(b)(c).

4. Accounting for Services Performed by CITY.

A. Prior to the commen cement of any removal of MATERIALS, CITY shall submit to DISTRICT an estimate of costs for removal of MATERIALS and obtain approval by 275
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DISTRICT of the costs. DISTRICT shall pay to CITY the CITY's actual reasonable costs of performing the work to remove MATERIALS as provided in this AGREEMENT, including, but not limited to, the costs of contractors performing such work on behalf of CITY and any onsite hazardous materials assessment that may be needed.

B. On a quarterly basis, CITY shall prepare and submit to D ISTRICT an itemized invoice, prepared in a form satisfactory to DISTRICT, within thirty (30) calendar days after the end of the quarter in which CITY removed MATERIALS from PROPERTY.

Quarter Start End Invoice Due Date
First Quarter July 1 September 30 October 31
Second Quarter October 1 December 31 January 31
Third Quarter January 1 March 31 April 30
Fourth/Final
Accounting Quarter
April 1 June 30 July 31

C. CITY's invoice shall include a detailed breakdown of all costs, including, but not limited to, AGREEMENT tracking number, the date(s) the removal of MATERIALS was performed, an itemization of labor and hours worked by each unique classification , contractor and associated costs, and other such documents as may be necess ary to establish the actual cost of MATERIALS removal. A copy of the completed REPORT(S) must also be attached to the invoice.

D. DISTRICT shall notify CITY of any objections to such invoices within thirty (30) calendar days of submission of the invoice to D ISTRICT. In the event CITY determines that a charge was billed incorrectly, an addendum to the invoice in question shall be provided, and DISTRICT shall be reimbursed or credited for the amount incorrectly charged. 276
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Within forty-five (45) calendar days of receipt of an appropriate invoice, DISTRICT shall pay the invoice. DISTRICT shall not pay interest or finance charges on any outstanding balance(s).

E. CITY shall maintain records of the costs incurred in accordance with reasonable accounting standards.

F. CITY shall keep an accurate accounting of all MATERIALS removal costs and include this final accounting for each DISTRICT fiscal year (July 1 through June 30) when invoicing DISTRICT for MATERIAL removal costs.

G. DISTRICT, the County of Riverside or any of their duly authorized representatives shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this AGREEMENT. CITY agrees to maintain such records for possible audit for a minimum of three (3) years after final payment. CITY agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records.

5. Term and Termination.

A. The term of this AGREEMENT shall commence on July 1, 2023, and shall terminate on June 30, 2026, unless terminated sooner.

B. CITY's City Manager or DISTRICT's General Manager -Chief Engineer may terminate this AGREEMENT for any reason or no reason upon ten (10) business days written notice to the other Party stating the extent and effective date of terminate ("Notice of Termination").

C. In the event this AGREEMENT is terminated, CITY shall stop all work under this AGREEMENT on the date specified in the written Notice of Termination. DISTRICT shall not reimburse for costs incurred after the termination date and shall make payment for all services performed in accordance with this AGREEMENT to the date of termination, a total amount which bears the same ratio to the total maximum fee otherwise payable under this 277
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AGREEMENT as the services actually bear to the total services necessary for performance of this AGREEMENT.

6. Prevailing Wage.

All contracted workers shall be paid not less tha n the general prevailing rate of wages and benefits for work of a similar character in the locality in which the work is performed, as provided in Labor Code Sections 1770 et seq. Pursuant to the Labor Code, DISTRICT has obtained for the Board of Supervis ors of DISTRICT from the Director of the Department of Industrial Relations, State of California, the determinations of general prevailing rates of per diem wages applicable to the work and for holiday and overtime work, including employer payments for hea lth and welfare, pension, vacation, apprentices and similar purposes for each craft, classification or type of workman needed, as set forth on the schedule, which is on file at DISTRICT office and which will be made available to any interested person upon request.

7. Indemnification.

A. CITY shall indemnify, defend and hold harmless DISTRICT and County of Riverside (including each of their Agencies, Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents or representatives) (individually and collectively hereinafter referred to as "Indemnitees") from any liability whatsoever, based or asserted , upon any acts, omissions or services of CITY or C ITY's independent contractor(s) and subcontractor(s), its officers, employees, agents or representatives arising out or in any way relating to this AGREEMENT, including, but not limited to, property damage, bodily injury or death, or any other element of a ny kind or nature whatsoever arising from the performance of CITY or CITY's independent contractor(s) and subcontractor(s), its officers, employees, agents or representatives ("Indemnitors") from this AGREEMENT. CITY or CITY's independent contractor(s) an d subcontractor(s) shall defend, at its sole expense, all costs and fees, including, but not limited to, attorney fees, cost of 278
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investigation, defense, and settlements or awards, the Indemnitees in any claim or action based upon such alleged acts or omissions.

B. With respect to any action or claim subject to indemnification herein by CITY of CITY's construction contractor(s), CITY or CITY's construction contractor(s) shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle or compromise any such action or claim without the prior consent of DISTRICT and the County of Riverside, provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY or CITY's construction contractor(s) indemnification to Indemnitees as set forth herein.

C. CITY or CITY's construction contractor(s) obligation hereunder shall be satisfied when CITY or CITY's construction contractor(s) has provided to DISTRICT and the County of Riverside the appropriate form of dismissal relieving DISTRICT and the County of Riverside from any liability for the action or claim involved.

D. The specified insurance limits required in this AGREEMENT shall in no way limit or circumscribe CITY's co ntractor(s) obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

E. In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 278 2. Such interpretation shall not relieve CITY's construction contractor(s) from indemnifying the Indemnitees to the fullest extent allowed by law.

F. This AGREEMENT is to be construed in accordance with the laws of the State of California. Any action at law or in equity brought by any of the Parties hereto for the purpose of enforcing a right or rights provided for by AGREEMENT shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Partie s hereto 279
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waive all provisions of law providing for a change of venue in such proceedings to any other county.

G. If any provision in this AGREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions wil l nevertheless continue in full force without being impaired or invalidated in any way.

8. Insurance.

A. Without limiting or diminishing CITY's obligation to indemnify or hold DISTRICT harmless, CITY shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this AGREEMENT. As respects to the insurance section only, DISTRICT herein refers to the Riverside County Flood Control and Water Conservation District, County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds. i. Workers' Compensation. If CITY has employees as defined by the State of California, CITY shall maintain statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. Policy shall be endorsed to waive subrogation in favor of DISTRICT. ii. Commercial General Liability. Commercial General Liability insurance coverage, including, but not limited to, premises liabili ty, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of CITY's performance of its obligations hereunder. Policy shall name DISTRICT as Additional Insured. Policy's limit of liability shall not be less than $2,000,000 per occurrence combined single limit. If such insurance 280
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contains a general aggregate limit, it shall apply separately to this AGREEMENT or be no less than two (2) times the occurrence limit.
iii. Vehicle Liability. If CITY's vehicles or mobile equipment are used in the performance of the obligations under this AGREEMENT, then CITY shall maintain liability insurance for all owned, non -owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this AGREEMENT or be no less than two (2) times the occurrence limit. Policy shall name DISTRICT and the County of Riverside, its agencies, districts, special district s and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional Insureds.
iv. General Insurance Provisions – All Lines.
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A:

VIII (A: 8) unless such requirements are waived, in writing, by DISTRICT Risk Manager. If DISTRICT Risk Manager waives a requirement for a particular insurer, such waiver is only valid for that specific insurer and only for one policy term. b. CITY must declare its insurance self-insured retention for each coverage required herein. If any such self -insured retention exceeds $500,000 per occurrence, each such retention shall have the prior written consent of DISTRICT Risk Manager before the commencement of operations under this AGREEMENT. Upon notification of self -insured retention deemed unacceptable to DISTRICT, and at the election of DISTRICT Risk Manager, CITY's carriers shall either: 1) reduce or eliminate such self -insured retention with respect to this AGREEMENT with DISTRICT; or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. 281
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c. CITY shall cause their insurance carrier(s) or its contractor's insurance carrier(s) to furnish DISTRICT with 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein; and 2) if requested to do so orally or in writing by DISTRICT Risk Manager, provide original certified copies of policies, including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that a minimum of thirty (30) calendar days written notice shall be given to DISTRICT prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. If CITY's insurance carrier(s) policies does not meet the minimum notice requirement found herein, CITY shall cause CITY's insurance carrier(s) to furnish a 30-day Notice of Cancellation Endorsement. In the event of a material modification, cancellation, expiration or reduction in coverage, this AGREEMENT shall terminate forthwith, unless DISTRICT receives, prior to such effective date, another properly executed original ce rtificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto, evidencing coverages set forth herein and the insurance required herein is in full force and effect. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance. d. It is understood and agreed by the Parties hereto that CITY's insurance shall be construed as primary insur ance, and DISTRICT's insurance and/or deductibles and/or self -insured retentions or self -insured programs shall not be construed as contributory.
e. If, during the term of this AGREEMENT or any extension thereof, there is a material change in the scope of ser vices or there is a material change in the equipment to be used in the performance of the scope of work which will add additional 282
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exposures (such as the use of aircraft, watercraft, cranes, etc.); or the term of this AGREEMENT, including any extensions the reof, exceeds five (5) years, DISTRICT reserves the right to adjust the types of insurance required under this AGREEMENT and the monetary limits of liability for the insurance coverages currently required herein, if, in DISTRICT Risk Manager's reasonable judgment, the amount or type of insurance carried by CITY has become inadequate.
f. CITY shall pass down the insurance obligations contained herein to all tiers of contractor(s) and subcontractor(s) working under this AGREEMENT. g. The insurance requirements cont ained in this AGREEMENT may be met with a program(s) of self-insurance acceptable to DISTRICT. h. CITY agrees to notify DISTRICT of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this AGREEMENT.

B. CITY shall not commence operations until DISTRICT has been furnished with original certificate(s) of insurance and original certified copies of endorsements and, if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this Section. In addition, CITY's contractor(s) shall, within thirty (30) calendar days prior to expiration of this insurance, furnish to DISTRICT certificates of insurance and endorsements evidencing renewal of the insurance. DISTRICT reserves the right to require complete certified copies of all policies of CITY's contractors and subcontractors at any time.

9. General.

A. This AGREEMENT is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right or action based upon the provisions of this AGREEMENT.

B. The Parties hereto each pledge to cooperate in regard to their respective 283
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responsibilities under this AGREEMENT.

C. Any waiver by DISTRICT or by CITY of any breach of any one or more of the terms of this AGREEMENT shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term hereof. Failure on the part of DISTRICT or CITY to require exact, full and complete compliance with any terms of this AGREEMENT shall not be construed as in any manner changing the terms hereof or estopping DISTRICT or CITY from enforcement hereof.

D. This AGREEMENT is to be construed in accordance with the laws of the State of California.

E. Any action at law or in equity brought by any of the parties hereto for the purpose of enforcing a right or rights provided for by this AGREEMENT shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the Parties hereto waive all provisions of law providing for a change of venue in such proceedings to any other county.

F. Any and all notices sent or required to be sent to the parties of this AGREEMENT will be mailed by first class United States Mail, postage prepaid, effective on the second business day following deposit in the United States Mail, to the following addresses:

To DISTRICT: RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
1995 Market Street
Riverside, CA 92501
Attn: Helio Takano, Chief of Operations Division
Email address: [email protected]
Attn: Deborah de Chambeau, Chief of Planning Division
Email address: [email protected]
To CITY: CITY OF MURRIETA
1 Town Square
Murrieta, CA 92562
Attn: Lindsay Sisti, Management Analyst
Email Address: [email protected]

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G. 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 continue in full force without being impaired or invalidated in any way.

H. The obligation(s) of DISTRICT is limited by and contingent upon the availability of DISTRICT funds for DISTRICT's CONTRIBUTION toward this AGREEMENT as set forth herein. In the event that such funds are no t forthcoming for any reason, DISTRICT shall immediately notify CITY in writing.

I. This AGREEMENT is the result of negotiations between the Parties hereto and the advice and assistance of their respective counsel. The fact that this AGREEMENT was prepared as a matter of convenience by DISTRICT shall have no import or significance. Any uncertainty or ambiguity in this AGREEMENT shall not be co nstrued against DISTRICT because DISTRICT prepared this AGREEMENT in its final form.

J. This AGREEMENT is intended by the Parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral and written, in connection therewith.

This AGREEMENT may be changed or modified only upon the written consent of the Parties hereto.

K. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. Each Party of this AGREEMENT agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ( "CUETA") Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this AGREEMENT. The Parties further agree that the electronic signatures of the Parties included in this AGREEMENT are intended to authenticate this writing and to have the same force and 285
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effect as manual signatures. Electronic signature means an electronic sound, symbol or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to CUETA as amended from time to time.

CUETA authorizes use of an electronic signature for transactions and contracts among Parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the Party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. F or purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.
//
//
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IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT on .
(to be filled in by Clerk of the Board)

RECOMMENDED FOR APPROVAL:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT

By
JASON E. UHLEY
General Manager-Chief Engineer

By
KAREN SPIEGEL, Chair
Riverside County Flood Control and Water
Conservation District Board of Supervisors

APPROVED AS TO FORM:

ATTEST:

MINH C. TRAN
County Counsel

KIMBERLY RECTOR
Clerk of the Board

KRISTINE BELL-VALDEZ
Supervising Deputy County Counsel

By
Deputy

(SEAL)

Funding Agreement: City of Murrieta
Removal of Debris Materials
05/31/23
AMR:ES:amh:bad:rlp
287
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RECOMMENDED FOR APPROVAL:

CITY OF MURRIETA

KIM SUMMERS
City Manager

APPROVED AS TO FORM:

ATTEST:

By
TIFFANY J. ISRAEL
City Attorney

CRISTAL MCDONALD
City Clerk

(SEAL)

Funding Agreement: City of Murrieta
Removal of Debris Materials
05/31/23
AMR:ES:amh:bad:rlp

288

MURRIETA
§¨¦15
§¨¦215
§¨¦15
§¨¦215
RCIT, Pictometry
Exhibit A
Distric Property
Legend
City of Murrieta
District Facilities
Above Ground
Underground
Highways
VM_MurrietaAboveUnder 289
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EXHIBIT "B"

MATERIAL REMOVAL PROCEDURES
PURPOSE: To describe the procedure for coordination between the Riverside County Flood Control and Water Conservation District ("DISTRICT") and the City of Murrieta ("CITY") regarding the removal of trash, debris, biological material, abandoned personal property and other similar material ("MATERIALS") from DISTRICT facilities and rights of way.

SCOPE: This procedure is for CITY and DISTRICT staff involved in the removal of MATERIALS within DISTRICT facilities and rights of way in the city of Murrieta.

REFERENCE REGULATIONS:
• Federal Clean Water Act, Section 402, including the National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permits • Code of Federal Regulations (CFR), Title 40, Part 112 (40 CFR Part 112) - Oil Pollution Prevention
• 40 CFR Part 122 - EPA Administered Permit Programs: The National Pollutant Discharge Elimination System
• 40 CFR Part 261 - Identification and Listing of Hazardous Waste • California Health and Safety Code, Division 20, Chapter 6.5 - Hazardous Waste Control • California Water Code, Division 7, Chapter 5.5 - Compliance With the Provisions of the Federal Water Pollution Control Act as Amended in 1972
• California Code of Regulations, Title 22, Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste
• California Code of Regulations, Title 24, Part 9 - California Fire Code, Chapter 50 - Hazardous Materials - General Provisions
• County of Riverside Ordinance 651 - Disclosure of Hazardous Materials and Formulation of Business Emergency Plans
• Drainage Area Management Plan for the Santa Ana/Santa Margarita Watersheds • DISTRICT's Municipal Facility Pollution Prevention Plan/Stormwater Management Plan

BACKGROUND: At various times, significant amounts of MATERIALS accumulate on DISTRICT's facilities and rights of way. Such MATERIALS must be removed to maintain the 290
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efficiency of the flood control and water conservation facilities, the integrity of the natural state of DISTRICT's facilities and rights of way, and to reduce the risk of soil and water contamination.

DISTRICT, through its statutory authority, must undertake efforts to address illegal dumping on DISTRICT-owned property that may result in the discharge of pollutants to flood control facilities to the extent feasible.

The removal of MATERIALS from DISTRICT facilities and rights of way ("MATERIALS REMOVAL") comes with safety hazards beyond those normally encountered when working with tools, equipment, etc. Potential hazards include biological material (e.g., human feces, us ed needles), violent encounters, and contact with other hazardous materials, including munitions.

These potential hazards require planning and coordination with other county and local agencies prior to cleanup to assure it is safe for staff to proceed.

PROCEDURE: DISTRICT's Operations Division has primary responsibility for MATERIALS REMOVAL within DISTRICT flood control facilities and/or rights of way. As such, DISTRICT's Chief of Operations Division is designated as DISTRICT REPRESENTATIVE for the purposes of MATERIALS REMOVAL and associated funding agreement. At the request of the Chief of Operations Division or his/her designee, DISTRICT's Watershed Protection Division will provide support for hazardous waste removal and reporting.

All reports of M ATERIALS located within DISTRICT facilities and/or rights of way are to be directed to DISTRICT's Chief of Operations Division. The Chief of Operations Division or his/her designee, as well as DISTRICT's General Manager -Chief Engineer and Assistant Chief Engineer, may also initiate a response on DISTRICT's behalf without having received a first received a report. A report must be filed via email.

1. MATERIALS IDENTIFICATION AND NOTIFICATION
A. Upon a determination that MATERIALS are impacting DISTRICT rights of way, CITY staff shall conduct a site visit and begin documenting MATERIALS REMOVAL strategy in the Cleanup Report, including pre -MATERIALS REMOVAL photographs of the location(s).

B. Notwithstanding Chapter 8. 20 of CITY 's Municipal Code, CITY shall not declare DISTRICT's PROPERTY a public nuisance and initiate public nuisance abatement proceedings against DISTRICT. DISTRICT 's PROPERTY shall be defined as public property for purposes of CITY's Standard Operating Procedures regarding the removal of unlawful campsites, bulky items and personal property. 291
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C. CITY must notify DISTRICT's Chief of Operations Division via email as soon as practicable following such determination of the location(s) and nature of MATERIALS.

CITY shall attempt to make such notification at least ten (10) days prior to MATERIALS REMOVAL; however, CITY's notification shall be no less than three (3) business days prior to MATERIALS REMOVAL. The notification shall include:
i. A map depicting the location(s) of MATERIALS;
ii. The corresponding coordinates of the location(s);
iii. Site characteristics (e.g., located in a watercourse or channel, discharging into receiving waters, discharging into a storm drain); iv. Size and scope of proposed MATERIALS REMOVAL;
v. Estimated cost to complete the MATERIALS REMOVAL;
vi. Substances involved (e.g., electronic waste, oil/grease, human waste/sewage, household products, trash, fuel, chemicals, weapons/ammunition, sharps/medical waste);
vii. Approximate quantities of MATERIALS;
viii. Unique circumstances, including but not limited to the following:

MATERIALS are located in a riparian area, or one or more ramps are needed; ix. Whether proposed MATERIALS REMOVAL includes vegetation clearing; x. Investigation details;
xi. Initial photographs of MATERIALS;
xii. Description of photographs;
xiii. Whether CITY intends to perform the removal of the MATERIALS by its own forces or by procurement of a contractor; and
xiv. Proposed starting date(s) and time(s) of MATERIALS REMOVAL.

D. Chief of Operation s Division or his/her designee will review the information and, as appropriate:
i. Assign an Operations Division representative to scout the site(s) and/or attend the pre-MATERIALS REMOVAL assessment;
ii. Obtain any regulatory permits and/or provide any notifications that are needed;
iii. Approve or disapprove proposed removal of vegetation. DISTRICT has mitigation areas on PROPERTY from which vegetation cannot be removed.

Notwithstanding Step Four: Clean Up contained in CITY's Administrative 292
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Procedure, which states, "Contractor will take every step necessary to remove vegetation from the encampment in an effort to eliminate natural shelters and increase public visibility of the encampment area," CITY and DISTRICT agree that CITY will not remove vegetation on DISTRICT's PROPERTY unless DISTRICT expressly grants CITY permission to do so; iv. Approve proposed starting date(s) and time(s) of MATERIALS REMOVAL; or
v. Notify CITY if the proposed starting date(s) and/or starting time(s) of MATERIALS REMOVAL needs to be postponed; or
vi. Reassign MATERIALS REMOVAL to DISTRICT.

2. PRE-MATERIALS REMOVAL ASSESSMENT
A. Once the MATERIALS REMOVAL starting date(s) and time(s) have been set by CITY and approved by DISTRICT, CITY shall conduct a pre -MATERIALS REMOVAL assessment. The assessment shall include a determination if hazardous materials/items are present.

B. If hazardous materials/items are prese nt or if CITY is unsure of their presence, CITY shall conduct/arrange for an onsite hazardous materials assessment. If the assessment finds MATERIALS in PROPERTY that endanger health or the environment, CITY must:
i. Immediately notify DISTRICT's Chief of O perations Division and Chief of Watershed Protection via email that a hazardous materials cleanup is needed; and
ii. Notify the appropriate agencies – which may include but is not limited to the appropriate Regional Water Quality Control Board, local Fire Depa rtment, County of Riverside Hazardous Materials Management Division and the California Office of Emergency Services – California State Warning Center – in accordance with all applicable federal, state, and local laws, rules, and regulations. CITY may requ est DISTRICT's assistance in notifying the appropriate agencies.

3. REMOVAL OF MATERIALS
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A. If necessary, CITY shall coordinate the removal of hazardous materials from PROPERTY once the necessary permits are obtained and all required regulatory notifications are completed.

B. CITY implements the MATERIALS REMOVAL for non -hazardous materials in accordance with appropriate procedures, including CITY's Administrative Procedure regarding the Removal of Unlawful Campsites, Bulky Items, and Personal Prope rty, and safety guidelines once the necessary permits are obtained and all required regulatory notifications are completed.

4. CLOSEOUT
A. CITY must document the completion of MATERIALS REMOVAL strategy in the Cleanup Report, including photographs of the location(s) post-cleanup.

B. CITY must submit a completed Cleanup Report to DISTRICT within seven (7) calendar days after the completion of each MATERIALS REMOVAL.

C. CITY shall submit invoice to DISTRICT. The invoice shall include a detailed breakdown of all costs, including but not limited to:
i. The Funding Agreement tracking number;
ii. Date of the invoice;
iii. The date(s) of the MATERIALS REMOVAL;
iv. An itemization of CITY's labor and hours worked by each unique classification;
v. Contractor(s), subcontractor(s), and associated costs; and vi. Other such documents as may be necessary to establish the actual cost of the MATERIALS REMOVAL.

D. If applicable, DISTRICT's Watershed Protection Division shall document the Hazardous MATERIALS REMOVAL in the Illicit Connection/Illegal Discharg e (ICID) Complaints Database and follow up with the Regional Board as necessary.

294
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EXHIBIT C

CLEANUP REPORT

295

AGREEMENT BETWEEN THE CITY OF MURRIETA
AND

HCI ENVIRONMENTAL & ENGINEERING

This Agreement (“Agreement”), made this 15 th day of August, 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and HCI Environmental & Engineering, a California corporation ("CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS

A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.

C. CITY desires or is in need of encampment clean-up services.

D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above services.

E. CITY now desires to retain CONSULTANT to accomplish the above services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent wit h the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

1.2 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.

Consultant Agreement
Murrieta Form 04/10
296
2 1.3 Monthly Written Reports . The President or designee of CONSULTANT shall prepare and submit to the designated CITY representative a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.

2.2 CONSULTANT shall keep the City Manager, CITY’s representative, or his designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.

2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY: Lindsay Sisti
Address: City of Murrieta
One Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Phone: (951) 461-6010
Facsimile: (951) 461-6430

For CONSULTANT: Gregory J. Parker
President/CEO
CONSULTANT: HCI Environmental & Engineering
Address: 12155 Magnolia Ave. #4C
Riverside, CA 92503
Phone: (951) 280-0298
Facsimile: (951) 280-0118

3. TERM

3.1 The term of this Agreement shall be from 7/1/2023 until 6/30/2026.

3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. PAYMENT TO CONSULTANT

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT the Rates set forth in Exhibit "A" with a total not-to-exceed contract sum of SIXTY-FIVE THOUSAND ($65,000) annually based on work performed through as-needed, on-call request.

4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including 297
3 an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered, or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

4.3 Payments. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.

5. STATUS OF CONSULTANT

5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents and representatives shall be deemed an employee of the CITY for any purpose.

5.2 Employee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave or other benefits.

5.3 Workers' Compensation Insurance . CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to the provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws. 298
4 Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ( $50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub -consultant under him, in violation of the provisions of this Agreement.

6. INSURANCE

CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Sect ion 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability . Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.

6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Mi llion Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.

6.1.4 Automobile Liability : Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
299
5 6.2 Insurer Requirements . All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A -” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required. Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non- contributory to any insurance that may be carried by CITY; and (b) CITY is entitled to thirty (30) days’ prior written notice (10 days for cancellation due to non- payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL and Workers’ Compensation policies shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.

6.5 Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’s indemnity and defense obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and CONSULTANT’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.

7. AUDIT AND INSPECTION OF RECORDS

At any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement. All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.

8. CONFIDENTIALITY AND USE OF INFORMATION

8.1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.

8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright 300
6 restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found i n violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.

8.3 Ownership of Records . All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and wor k related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE

All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the parties are as set forth in Section 2 above.

10. TERMINATION FOR CAUSE

Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.

10.2 In the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set forth herein.

11. TERMINATION FOR CONVENIENCE OF CITY

11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at 301
7 least fifteen (15) days prior to the effective date.

11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments t heretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION

Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.

13. DEFENSE AND INDEMNIFICATION

13.1 CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance under this Agreement or any negligent or wrongful act or omission by CONSULTANT, its officers, employees, representatives, subcontractors, or agents regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. CONSULTANT shall have no obligation, howev er, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.

13.2 General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assurances of protection of the CITY's interest.

The CITY shall, in its sole discretion determine whether such assurances are reasonable.

CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representat ives, employees, sub- consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.

14. CONFLICT OF INTEREST

14.2 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT.

If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.

14.3 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.

14.4 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.

15. ASSIGNMENT

No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subc onsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.

16. SURVIVAL

CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.

17. COMPLIANCE WITH APPLICABLE LAWS

CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities.

18. PERMITS/LICENSES
303
9 CONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

19. NONDISCRIMINATION IN EMPLOYMENT

CONSULTANT agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law.

If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti-discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.

20. NON-WAIVER

The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.

21. SEVERABILITY

If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.

22. DISPUTES

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.

23. REMEDIES

The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

24. ENTIRE AGREEMENT/AMENDMENT
304
10 This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.

25. GOVERNING LAW/VENUE

The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party agains t any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.

26. BINDING AGREEMENT

This Agreement is intended to be binding on the parties and their respective successors and assigns.

27. NUMBER

The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.

28. WARRANTY OF AUTHORITY

Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

29. COUNTERPARTS

This Agreement may be executed in counterparts, all of which taken together will be considered one original document.
305
11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MURRIETA

Name of Consultant

Lisa DeForest, Mayor

Name/title of signatory [please print]

Signature

Attest:

Name/title of signatory [if necessary]

Cristal McDonald, City Clerk

Signature

Approved as to Form:

Tiffany J. Israel, City Attorney
306

EXHIBIT A

SCOPE OF SERVICES
Duties and Responsibilities:

1. Cleanup duties shall include surveying sites, collecting debris, dismantling temporary structures, removal of trash, removal of biohazard materials, and State-approved handling and removal of all material. Disposal shall be at a site permitted to accept such materials.

In all cases, best practices shall be implemented.

2. Supply all labor, material, tools, protective clothing and gear, and equipment that is required or needed to perform the work to handle, remove, transport, and dispose of the waste materials and leave a clean site.

3. Coordinate with the City on a site -by-site basis to determine the work order for each encampment cleanup. The work order will establish the site start date, estimated timeframe of the work, staging areas, traffic control, if required, and the name of the onsite representative.

4. Supervision and management of crew and subcontractor, and ensure all necessary safety procedures are followed. This individual will serve as the City's contact.

5. Photograph the encampment site before and after cleaning and provide an electronic copy of each photograph to the City.

6. Notify the City when the work is complete and provide a cleanup report for each site.

7. Notify the City's representative in the event an adjacent homeless encampment is discovered in the general area during the course of a project to obtain authorization prior to proceeding with any additional work that was not identified in the work scope. If additional work is necessary, City representative may proceed with approval for additional work with a verbal or written quote by the Contractor.

8. Follow best practices work procedures to safely manage any hazardous materials found on the jobsite, including urine, feces, solid personal hygiene items, syringes, and other materials which could pose a health threat.

9. Trim shrubs, trees, and vegetation, as required by the City, as a deterrent measure for future encampments. In general, trees and shrubs shall be trimmed to a height of seven feet off the ground. All tree trimming should be conducted according to California Fish and Game Codes, specifically following the California Migratory Bird Protection Act. Should a nest be located within the site cleanup, tree trimming should be avoided. The City’s project manager shall make the final determination whether trees can be trimmed.

10. For abandoned building encampments where the City directs demolition of a permanent building or facility, the Contractor must perform an asbestos review of the site if it can reasonably be assumed that asbestos exists, and provide a report on the findings with an asbestos mitigation plan with a cost estimate for the mitigation of the structure to the City.

The City will review and decide on how to proceed. If the selected Contractor is directed 307

to proceed with the abatement and demolition of the building, asbestos mitigation and disconnection of all service utilities must be performed before demolition can proceed.

11. Contractor shall immediately contact the City of Murrieta Police Department through 911 if any weapon is found.

12. Perform work in a timely and efficient manner and in a courteous and business-like manner at all times.

13. Properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.

When possible, 40-yard trash dumpsters will be provided at the Murrieta Public Works Yard located at 41625 Fig Street, Murrieta, CA. On occasion, the City may request bin service in the field through Waste Management. All green waste will be disposed of at a City facility, such as Los Alamos Hills Sports Park holding area. Transportation cost, including trailer and all applicable equipment, are the responsibility of the Contractor. Biohazard materials and other materials not suitable for the landfill must be calculated into the quote by the Contractor. Any questions should be discussed prior to the submission of a formal quote. 308

EXHIBIT A (CONTINUED)

List of Rates

CONTRACTOR agrees to charge rates according to the Fee Schedule listed below.

ITEM ITEM DESCRIPTION UNIT OF

MEASUREMENT
PRICE

1. Site Cleanup Mobilization Per Site $ 212.00

2. Site Cleanup Labor Each Hour
(portal to portal)
$ 120.00

3. Biohazard Technician (if
applicable)
Each Hour
(portal to portal)
$120.00

4. Vehicle with Dump Trailer Per Site $ 495.00

5. Other known cost:

Trash disposal
Describe:

Pass through
$

6. Other known cost:

Hazardous waste disposal Describe: $ Cost +25%

Minimum hours required by Contractor per site: 4 (portal to portal) Hours

Please list other costs for equipment that may be required:

Dump truck

Stake bed

Wheeled Skid Steer w/ grappler bucket

Cost: $_ 82.00/hr
Cost: $_ 82.00/hr
Cost: $_125.00/hr
Trash Bags Cost: $ 95.00/per box

Pressure washer: $350.00/per day
Industrial Grade Disinfectant: $25.00/per gallon
Equipment Truck: $82.00/hr (portal to portal)
Roll off bin Driver: $320.00/hr (portal to portal)
Roll off Bin Rental:$35.00 per day

13 309

AGREEMENT BETWEEN THE CITY OF MURRIETA
AND

CLEAN HARBORS ENVIRONMENTAL SERVICES

This Agreement (Agreement), made this 15th day of August 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California (CITY), and Clean Harbors Environmental Services, a California Consultant (CONSULTANT) with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS

A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.

C. CITY desires or is in need of encampment clean-up services.

D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above services.

E. CITY now desires to retain CONSULTANT to accomplish the above services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

Consultant Agreement
Murrieta Form 04/10
310
2 1.3 Monthly Written Reports . The Executive Vice President or designee of CONSULTANT shall prepare and submit to the designated CITY representative a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.

2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY: Lindsay Sisti
Address: City of Murrieta
One Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Phone: (951) 461-6010
Facsimile: (951) 461-6430

For CONSULTANT: George Curtis
Executive Vice President
CONSULTANT:

Address:

Phone:

Clean Harbors Environmental Services
7979 Palm Ave.

Highland, CA 92346
(951) 548-4023

3. TERM

3.1 The term of this Agreement shall be from 7/1/2023 until 6/30/2026.

3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. PAYMENT TO CONSULTANT

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT the Rates set forth in Exhibit "A" with a total not -to-exceed contract sum of SIXTY- FIVE THOUSAND ($65,000) annually based on work performed through as-needed, on-call request .

4.2 Additional Services . If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including 311
3 an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

5. STATUS OF CONSULTANT

5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreem ent. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents and representatives shall be deemed an employee of the CITY for any purpose.

5.3 Workers' Compensation Insurance. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to the provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws. 312
4 Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub- consultant under him, in violation of the provisions of this Agreement.

6. INSURANCE

CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:

6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.

6.1.4 A utomobile Liability. Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
313
5 6.2 I nsurer Requirements . All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required. Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non-contributory to any insurance that may be carried by CITY; and (b) CITY is entitled to thirty (30) days’ prior written notice (10 days for cancellation due to non-payment of premium) of cancellation, material reduction, or non -renewal of the policy or policies. Additionally, the CGL and Workers’ Compensation policies shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.

7. AUDIT AND INSPECTION OF RECORDS

All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.

8. CONFIDENTIALITY AND USE OF INFORMATION

8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright 314
6 restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.

8.3 Ownership of Records . All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE

10. TERMINATION FOR CAUSE

11. TERMINATION FOR CONVENIENCE OF CITY

11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at 315
7 least fifteen (15) days prior to the effective date.

11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION

13. DEFENSE AND INDEMNIFICATION

13.1 CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance under this Agreement or any negligent or wrongful act or omission by CONSULTANT, its officers, employees, representatives, subcontractors, or agents regardless of whether or not such claim, loss or liability is caused i n part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.

The CITY shall, in its sole discretion determine whether such assurances are reasonable.

CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub -consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.

14. CONFLICT OF INTEREST

15. ASSIGNMENT

No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.

16. SURVIVAL

CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.

17. COMPLIANCE WITH APPLICABLE LAWS

18. PERMITS/LICENSES
317
9 CONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

19. NONDISCRIMINATION IN EMPLOYMENT

If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti -discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.

20. NON-WAIVER

21. SEVERABILITY

22. DISPUTES

23. REMEDIES

The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

24. ENTIRE AGREEMENT/AMENDMENT
318
10 This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.

25. GOVERNING LAW/VENUE

The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.

26. B INDING AGREEMENT

This Agreement is intended to be binding on the parties and their respective successors and assigns.

27. NUMBER

The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.

28. WARRANTY OF AUTHORITY

Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

29. COUNTERPARTS

This Agreement may be executed in counterparts, all of which taken together will be considered one original document.
319
11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MURRIETA

CLEAN HARBORS

ENVIRONMENTAL SERVICES

Lisa DeForest, Mayor
Name/title of signatory [please print]

Signature

Attest:

Name/title of signatory [if necessary]

Cristal McDonald, City Clerk

Signature

Approved as to Form:

Tiffany J. Israel, City Attorney
320

EXHIBIT A

SCOPE OF SERVICES
Duties and Responsibilities:

In all cases, best practices shall be implemented.

3. Coordinate with the City on a site- by-site basis to determine the work order for each encampment cleanup. The work order will establish the site start date, estimated timeframe of the work, staging areas, traffic control, if required, and the name of the onsite representative.

4. Supervision and management of crew and subcontractor, and ensure all necessary safety procedures are followed. This individual will serve as the City's contact.

5. Photograph the encampment site before and after cleaning and provide an electronic copy of each photograph to the City.

6. Notify the City when the work is complete and provide a cleanup report for each site.

Should a nest be located within the site cleanup, tree trimming should be avoided. The City’s project manager shall make the final determination whether trees can be trimmed.

The City will review and decide on how to proceed. If the selected Contractor is directed 321

to proceed with the abatement and demolition of the building, asbestos mitigation and disconnection of all service utilities must be performed before demolition can proceed.

11. Contractor shall immediately contact the City of Murrieta Police Department through 911 if any weapon is found.

12. Perform work in a timely and efficient manner and in a courteous and business-like manner at all times.

13. Properly handle and dispose of solid waste and hazardous waste in accordance with all applicable laws.

EXHIBIT A (CONTINTUED)

LIST OF RATES

CONTRACTOR agrees to charge rates according to the Fee Schedule listed below.

ITEM ITEM DESCRIPTION UNIT OF

MEASUREMENT
PRICE

1. Site Cleanup Mobilization Per Site $ 632.68

2. Site Cleanup Labor
(includes 3 person crew an
Each Hour
d a stakebody truck) $ 410.47

3. Biohazard Technician (if
applicable)
Each Hour $ 110.89

4. Vehicle with Dump Trailer Per Site / Per Day $ 856.00

5. Other known cost:

Equipment Operator
Describe:

Per Hour $ 112.95

6. Other known cost: Describe: $

Minimum hours required by Contractor per site:
4 Hours

Please list other costs for equipment that may be required:

Energy Recovery Fee, applied to _eac h invoice

Cost: $ variable
C ost: $

Cost: $
Quoted pricing is based on the City providing the trash disposal services. Any hazardous, biohazardous or other waste management services will be quoted on a case by case basis for each site.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 9.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Director of Community Services
PREPARED BY: Lea Kolek, Parks and Community Service Manager SUBJECT: Parks and Recreation and Trails Master Plans Contract Award

RECOMMENDATION
Award the contract to RJM Design Group, Inc. in the amount not to exceed $478,965 for updates to the existing Parks and Recreation Master Plan and drafting of Trails Master Plan; Authorize the City Manager to execute the agreement; and Amend the Parks and Recreation Master Plan CIP No. 22028 to appropriate an additional $9,570 from Measure T Unassigned Fund Balance.

PRIOR ACTION/VOTE
On September 4, 2007, the Board of Directors adopted Resolution CSD 07-117 awarding a contract to RJM Design Group, Inc. to update the Parks and Recreation Master Plan (Vote 5-0).

On April 14, 2009, the City of Murrieta hosted a workshop with the City Council, acting as the CSD Board of Directors, the Community Services Commission, and the Planning Commission to review the draft update to the Parks and Recreation Master Plan (Non-Action item).

On May 7, 2009, the Community Services Commission approved the final revisions to the Parks and Recreation Master Plan update and recommended adoption by the Board of Directors (Vote: 3-0).

On June 3, 2009, the Planning Commission approved the amendments to the General Plan based on the updates to the Parks and Recreation Master Plan and found the document to be consistent with the General Plan (Vote: 3-0).

On June 16, 2009, the City Council adopted Resolution No. 09-2306, approving the amendments to the General Plan based upon the revisions to the Parks and Recreation Master Plan, and finding the Parks and Recreation Master Plan update consistent with the General Plan (Vote: 5-0).

On June 16, 2009, the Board of Directors for the Community Services District, adopted Resolution No. CSD 09-147, approving the final version of the updated Parks and Recreation Master Plan (Vote: 5-0).

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Agenda Item No. 9.

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
The City of Murrieta adopted its original Parks and Recreation Master Plan (Master Plan) in 1999. At that time, the City of Murrieta (City) had a population of 41,650 residents with 25 parks and maintained over 600 acres of open space, streetscape, slope, and parkland. Additionally, the Community Services Department (CSD) had limited facilities, with no Community, Senior, or Youth Centers yet constructed. The City then adopted an update to the 1999 Master Plan in 2009. At that time, the City had a population of 97,257, a Community Center and a Senior Center, 44 parks in its inventory, and maintenance oversight of over 1,300 acres of open space, streetscape, slope, trails, and parkland.

With the adoption of each of these earlier Master Plans, the City defined the existing and proposed physical facilities used by the public for passive and active parks as well as recreation in the community. Staff based the Master Plans on detailed demographic analysis and assessments of facility needs for City and community use, as well as youth and adult sports groups. The Master Plans became the implementation tool for determining what types of amenities to include in future park designs.

Since it has been almost fourteen years since the last Parks Master Plan Update, staff will use the forthcoming Master Plan to continue to set the framework for decision-makers in the planning and rehabilitation of the City’sparks and recreation facilities as well as a planning tool that will establish park and facility standards.

Furthermore, the proposed Master Plan will provide a systematic and prioritized approach to the implementation of needed parks and facilities. The new Trails Master Plan will be drafted alongside the update to the Parks and Recreation Master Plan, and it will identify routes, resources, and conditions currently existing in the City’sinventory of trails, develop plans for local and regional connectivity, and establish goals and objectives for future trail projects.

Both of the Master Plan final documents are to include evaluations, analysis, findings, and recommendations of all elements necessary to meet the City’sshort-term, mid-term, and long-term vision. Each Master Plan document will include the following:

1. An executive summary outlining the process taken to create the report;

2. Written goals, plans, objectives, and policy statements articulating a clear vision, guide, and model for the CSD’s future;

3. Charts, graphs, maps, and other data to support both of the Master Plans;

4. Survey results;

5. A financial plan;

6. An action plan; and

7. Performance measurement standards.

On March 20, 2023, the CSD issued a Request for Proposal (RFP) to update the current Parks and Recreation Master Plan and to draft the City’sfirst Trails Master Plan. Staff’sgoal was to retain the services of a consultant specializing in parks, recreation, and trail planning, with experience in preparing a wide variety of recreation planning documents but tailoring the needed Master Plans to the City’s specific needs.

Four (4) consulting firms submitted proposals in response to the RFP. CSD staff formed an evaluation team to review and score the submittals. Evaluation criteria included experience; vision; creativity, quality, and initiative; technical competence; and cost. Staff invited the three highest-scoring consultants to participate in an interview with the evaluation team, which also included a representative from the Planning Division. After careful consideration and further evaluation, CSD staff is recommending contracting with RJM Design Group, CITY OF MURRIETA Printed on 1/22/2024Page 2 of 3
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Agenda Item No. 9.
careful consideration and further evaluation, CSD staff is recommending contracting with RJM Design Group, Inc. (RJM) for the drafting of both the update to the Parks and Recreation Master Plan and the City’sfirst Trails Master Plan (Attachment 1-2).

Established in 1987, RJM has over 35 years of experience in park and recreation planning and analysis. RJM not only completed the City’s2009 updated Master Plan document, but they have recently completed the Parks and Recreation Master Plan for the City of Temecula. Other notable agencies for which RJM completed similar parks and trails master plans include the cities of Menifee, Santa Clarita, Laguna Woods, Laguna Niguel, Dana Point, Costa Mesa, and Irvine. RJM and their team stand ready to lead the City through multiple outreach opportunities to engage the community, including a project website, surveys, stakeholder interviews, questionnaires, and in-person community workshops. Through their multi-phased project approach, RJM will develop strategies to address each of their facility, program, and trail recommendations.

FISCAL IMPACT
RJM provided a cost estimate of $209,570 for their services related to the update of the Parks and Recreation Master Plan. The project CIP (No. 22028) currently allocates $200,000 for these services, funded via Measure T. A budget appropriation of $9,570 from Measure T Unassigned Fund Balance to account 1117500-60480 22028111-100 is necessary to fund the full cost of this Agreement.

RJM provided a cost estimate of $269,395 for the Trails Master Plan. Funding is available from CIP No. 10038, account number 1327500-60480 10038132-100.

The total contract award to RJM is $478,965.

ATTACHMENTS
1) Agreement with RJM Design Group, Inc.
2) RJM Design Group, Inc Proposal
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1 AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
RJM DESIGN GROUP, INC.

This Agreement (“Agreement”), made this 15 th day of August, 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and RJM Design Group, Inc., a California corporation ("CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS

A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.

C. CITY desires or is in need of parks and recreation and trails master plan services.

D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above services.

E. CITY now desires to retain CONSULTANT to accomplish the above services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

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2 1.3 Monthly Written Reports . The Project Manager of CONSULTANT shall prepare and submit to the designated CITY representative a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.

2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY: Kim Summers
City Manager
Address: City of Murrieta
1 Town Square
Murrieta, CA 92562
Phone: (951) 461-6010
Facsimile: (951) 461-6430

For CONSULTANT: Larry P. Ryan
President
CONSULTANT: RJM Design Group, Inc.

Address: 31591 Camino Capistrano
San Juan Capistrano, CA 92675
Phone: (949) 493-2600
Email: [email protected]

3. TERM

3.1 The term of this Agreement shall be from 8/15/2023 until 12/31/2026.

3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. PAYMENT TO CONSULTANT

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT the sum of four hundred seventy-eight thousand nine hundred sixty -five dollars and zero Cents ($478,965) in accordance with the rates set forth in Consultant’s Fee Schedule, attached hereto and incorporated herein as Exhibit “B”.

4.2 Additional Services. If CITY desires any additional services (“Additional

328
3 Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSU LTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

5. STATUS OF CONSULTANT

5.3 Workers' Compensation Insurance. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

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4 Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub -consultant under him, in violation of the provisions of this Agreement.

6. INSURANCE

CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability . Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of Two Million Dollars ($2,000,000) per occurrence and subject to an annual aggregate of Four Million Dollars ($4,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregat e. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.

6.2 Insurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V”

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5 or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required. Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non- contributory to any insurance that may be carried by CITY; and (b) CITY is entitled to thirty (30) days’ prior written notice (10 days for cancellation due to non- payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.

7. AUDIT AND INSPECTION OF RECORDS

8. CONFIDENTIALITY AND USE OF INFORMATION

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6 result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.

8.3 Ownership of Records . All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to thi s Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE

10. TERMINATION FOR CAUSE

Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effec tive date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.

11. TERMINATION FOR CONVENIENCE OF CITY

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7 11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION

13. DEFENSE AND INDEMNIFICATION

13.1 CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of any negligent or wrongful act or omission by CONSULTANT, its officers, employees, representatives, subcontractors, or agents regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a cou rt of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.

The CITY shall, in its sole discretion determine whether such assurances are reasonable.

CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub -consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.

Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity and defense shall be limited to the extent required by Civil Code 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT.

14. CONFLICT OF INTEREST

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8 14.1 CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.

14.4 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client withi n the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.

15. ASSIGNMENT

No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.

16. SURVIVAL

CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.

17. COMPLIANCE WITH APPLICABLE LAWS

CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are in effect at the time services are performed, applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities.

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9 18. PERMITS/LICENSES

CONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

19. NONDISCRIMINATION IN EMPLOYMENT

If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti -discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.

20. NON-WAIVER

21. SEVERABILITY

22. DISPUTES

23. REMEDIES

The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

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10 24. ENTIRE AGREEMENT/AMENDMENT

This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.

25. GOVERNING LAW/VENUE

The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.

26. BINDING AGREEMENT

This Agreement is intended to be binding on the parties and their respective successors and assigns.

27. NUMBER

The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.

28. WARRANTY OF AUTHORITY

Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

29. COUNTERPARTS

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

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11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MURRIETA RJM Design Group, Inc.

Name of Consultant

Kim Summers, City Manager Larry P. Ryan, President
Name/title of signatory

Signature

Attest:

Zachary Mueting, Secretary
Name/title of signatory

Cristal McDonald, City Clerk

Signature

Approved as to Form:

Tiffany J. Israel, City Attorney

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12 EXHIBIT A

Scope of Services

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Scope of Services — Parks & Recreation Master Plan Update

Phase I: Project Management
Source: www.MurrietaCA.gov

Clear communication is critical in any endeavor. RJM will hold regular virtual meetings with the City monthly to review progress, present information, and recommend direction throughout the project. These virtual meetings enable strong team collaboration and unity in decision making as the project develops.

Additionally, a project team online resource FTP site will allow for easy file acces s and document review for all team members. This will ensure everyone has access to the latest reports, and graphic illustrations available eliminating the “wait” for consultants to gather and report back.

Phase II - Existing Conditions Analysis

Knowing what documents exist and how they relate to one another can help guide planning to ensure there are no conflicts or overlapping efforts. RJM will review related documents pertinent to your planning process and generate a database of existing resources as well as a summary document highlighting key elements. Understanding the history of past planning projects enables you to carefully navigate future planning efforts free of potential conflict.

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Phase II - Existing Conditions Analysis continued

City Recreational Facilities and Parks
Understanding where parks exist is not enough in today’s world. RJM utilizes the power of ESRI to truly map out community needs and identify underserved areas where park quality, safety, and accessibility may be impacting disadvantaged communities.

We will verify the City’s existing parks and facilities list, as well as provide updates to the City for their use. Specifically the GIS dataset will include:

• Geolocate city-owned parks and recreation facility parcels. Developed park profile sheet with aerial and boundary of each park site.
• Quantify city-owned park passive and active recreational amenities (i.e. ballfields, basketball courts, dog parks, tennis courts, restrooms, and playgrounds). Prepare database to include a list of amenities specific to each park site.

The inventory will be analyzed by service area (5 -10-15 minute walk radius) and parkland acreage to identify under served neighborhoods or community planning areas. Map exhibits will be developed to determine the distribution and trail connectivity of recreation facility types throughout the city. The results will illustrate gaps in balancing the equitable distribution of service and opportunities for all ages and income levels.

City Recreation Programs
Our team shall provide an inventory and evaluation of existing recreation programs provided by the City. RJM shall analyze the City’s current program offerings in terms of attendance, use of space, and consistency with current recreation trends in the leisure services industry. The program evaluation shall provide analysis and rating of how well the Department is doing in the areas of programming for tiny tots/toddlers, youth/teens, adults, families, and seniors (active and mature). The evaluation shall indicate any gaps in service and what programming changes/additions the City should consider implementing in the future to fill those gaps and meet new recreation trends.

Our team will work with staff to evaluate existing lev els of social service and recreation program services within the city’s sphere of influence, public and private, to determine adequacy of current social service, and accessible recreation opportunity for all city residents.

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Play Structure
Quantity: 2 | Condition: Good

PARK NAME:

DATE:

INVENTORY ITEM:

Condition:

Excellent
Good
Satisfactory
Poor
Notes:

Los Alamos Hills Sports Park
04/27/2023
Sports Park

Sports park with baseball fields, soccer fields,
playgrounds, etc.

Baseball Field
Quantity: 4 | Condition: Good

Soccer Field
Quantity: 2 | Condition: Okay
Parks Inventory
Field data collection is conducted using the Esri
Collector app to develop a digital inventory of
existing city-owned parks.

This inventory provides detailed information such as
the geo-location of site amenities and maintenance
conditions.
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Phase II - Existing Conditions Analysis continued

Understanding the recreation needs and preferences of City residents first depends upon an understanding of the population and its demographic characteristics. Steps in this process involve a review of data regarding the City’s population base as defined in the latest census, ESRI Tapestry Dataset, and the American Community Survey (ACS).

Detailed demographic data regarding such variables as age, ethnicity, household size, and income as well as special populations which may require specialized or disproportionate services and programming, such as seniors, teens, pre -schoolers, second-language learners, individuals with disabilities, military families and veterans will be analyzed in order to identify unique populations for use in the demand analysi s. Special attention will be given to any sub -groups of the population that show unusual trends of change.

Recreation is as broadly defined as the number of communities across in the US today.

Geography, climate, and culture all impact what recreation activities take place. RJM will research trends and issues relevant to your region identifying potential recreation influences in neighboring communities. This analysis will not be the soul source for developing recommendations but provide valuable insight into potential regional influences and how they may impact local demand.

Understanding who the community is and where they recreate is vital to the development of a successful road map for the future.
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City of Murrieta Tapestry Map
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Phase II - Existing Conditions Analysis continued

RJM will prepare and conduct a Sports Organization Specific ESRI Online Survey. The survey is specifically designed to collect valuable information regarding facility usage, team size, recreation seasonality, and player volume that is key to calculating the city’s local demand for sports facilities. The results will be tabulated and used to verify and update the participation rates in selected sports for use in the demand analysis and calculation of the City’s local community parks standard. This standard will represent the unique local demand not just a national averaged benchmark.

Considering the current inventory of recreation facilities, we will identify surpluses and deficiencies in existing parks and recreation -related facilities to serve the community as it exists now and with projections to 2033. One of the primary advantages to this methodology for determining need is that it provides a quantitative, unbiased evaluation of the surpluses and deficits in the City’s parks and recreation facilities, both currently and in the futur e.

“The 2022 NRPA Agency
Performance Review does not
include “national standards,” nor
do the benchmarks represent any
sort of standards against which
every park and recreation agency
should measure itself.

The reason for this is simple:
there is not a single set of
standards for parks and
recreation because different
agencies serve different
communities that have unique
needs, desires, and challenges.

Agencies also have diverse
funding mechanisms.”

- 2022 NRPA Agency
Performance Review
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Tool 7
Community Engagement
Phase III - Public Outreach and Engagement

Your most robust tool is the ability to reach out to your community in a meaningful two-way dialogue. Find out what, where, and how your community recreates. Over the years technology has changed and so has the trend in which community residents communicate. There is no one prescriptive method that is a catch all for any community. Community input no longer rests on a one-night workshop. People take part in surveys and feedback sessions when it is convenient with their schedules. We engage the entire community and not just a handful of special interests through the following outreach elements:

WORKSHOPS COMMUNICATION
In-person and/or Virtual
Workshops, Site Tours,
Individual & Group
Activities, Pop-up Booths,
Consensus Building
Custom Project Website,
Social Media Posts,
YouTube Videos, City
Website, Community
Events

STAKEHOLDER

MEETINGS
One-on-One
Interviews, Focus
Groups, City Council,
Commissions,
Community
Organizations,
Non-Profit
Partnerships

COMMUNITY
VOICE

INCLUSION
All Demographics,
Multilingual Options,
Multimodal Outreach
to Maximize
Participation

PROJECT BRANDING
Custom Project
Website, Social Media
Graphics, Project Flyers,
Custom Binder,
Report Graphics

SURVEYS
Online, Paper, Statistically-
Valid Multimodal Survey,
Geolocated Responses/
GIS Maps, 24/7 Feedback

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Phase III - Public Outreach and Engagement continued
Website Development
RJM will develop a project website in
the ESRI story map platform where
the community can learn about the
project, understand the extent of
planning considerations, and provide

feedback. This website will be a hub for
community collaboration and meaningful
two-way feedback. This continuous
public dialogue will ensure maximum
opportunity for all community members
to become informed and involved in the
development of the Parks and Recreation
Master Plan. As each of the following
outreach efforts are completed, the
results will be posted. This method
enables continued community
involvement for the life of the project.

At any point during the project the
community can provide direct comments
via a “Feedback” button on the website.

As feedback is recorded it will be
reviewed and shared with the project
team. To promote project branding

and ease of community engagement,
our team has purchased the domain
MurrietaMasterPlan.com for the project
website.

Sample of Community Engagement Outreach
Participant Totals (City of Carson)

Scan the QR code or go to MurrietaMasterPlan.com to see a project website sample.

346

Phase III - Public Outreach and Engagement continued
Stakeholder Interviews
Soliciting the attitudes and perceived needs of community stakeholders is an essential element for a successful Master Plan. Often involved in the front lines of community recreation support and programming, stakeholders have a unique understanding of community desires. One- on-one interviews will be conducted with selected key stakeholders such as members of the City Council, Commissioners, City Manager’s Office, School District representatives, and/or community leaders. Estimate twelve (12) interviews to be conducted via online virtual meetings.

Community Workshops
Since 2020, we have seen an increase in community participation using virtual workshop methods, such as an online commencement video and online surveys available on the project website. The community now has the choice to participate in community workshops in person or virtually on their own schedule. Each “in person” community consensus building workshop includes a two (2) hour session, inclusive, for up to fifty (50) participants. Each online survey includes summarizing up to (300) responses. We propose to work closely with City Staff to organize and further define the approach to be used in this process. City to provide and manage all PPP requirements as mandated by the CDC and state of California. We will coordinate with City staff for the promotion of the workshops, scheduling, and the provision of staff to assist with the workshops. Our workshop methodology is designed to arrive at consensus regarding the priorities perceived by the public for improvements to the parks, recreation facilities, programs, and services.

Workshop No. 1
The first workshop will solicit community input on the characteristics, issues, and trends the City is currently facing. An online survey will also be available for residents that are unable to attend the workshop and will be active for (2) two weeks. The information gathered will be used identify key ideas and desires to be explored in the future surveys and outreach efforts.

Workshop No. 2
The second workshop will focus on parks, facilities, and programming needs. This workshop will begin with a presentation illustrating the results of past efforts and soliciting further information on the prioritization of the desired recreation improvements. This workshop will also promote an online survey option. The online survey will stay live for (2) two weeks allowing all community members to take part at their own pace.

Workshop No. 3
The final community outreach event will involve sharing all the past outreach results as well as the facility and program prioritization survey summary. At the conclusion of the presentation our team will host online survey will also be available for residents that are unable to attend the workshop and will be active for (2) two weeks for residents to weigh in on the list of community needs identi fied throughout the process . 347

Phase III - Public Outreach and Engagement continued
We will also make paper copies of the survey available for distribution at City Hall and other locations as requested. Paper surveys will be collected, and data entered by Ci ty staff to be counted with online survey responses.

Each workshop also includes a 5-10 minute commencement video that replicates the in- person presentation. The commencement video is made available on the project website for community members unable to attend the in-person events.

Statistically-Valid, Multimodal Community Survey
To ensure that the Parks and Recreation Master Plan is representative of the needs, priorities and concerns of all residents in the City (not just those who actively participate in the stakeholder interviews, workshops, community meetings, or advisory committees) we recommend conducting a statistically reliable survey as part of the public outreach and engagement program.

After selecting households at random using a stratified design, the survey will be administered using a multimodal approach including mu ltiple recruiting methods (mail, email and telephone) and data collection methods (telephone and password -protected online surveys) to ensure a balanced, representative sample that reflects the full diversity of the City’s resident population.

Using a multimodal approach will ensure a higher participation rate, reduce response bias, better capture the opinions of traditionally hard -to-reach subgroups, and ultimately deliver more reliable data than relying on a single -mode approach (i.e. telephone only). Our online survey platform is complaint with Federal Section 508 (and WCAG guidelines) which ensures accessibility by people with disabilities.

English and Spanish are included, and we place no limit on Spanish language responses. We initiate all interviewing calls with live-US based interviewers in English and switch to Spanish only upon request or when a clear language communication issue presents itself. We take data integrity and privacy seriously. All client materials are hosted in a secure digital cloud environment. We use 256-bit Advanced Encryption Security to keep your data and the data of your residents secure. This is the same level of encryption used by the U.S. Government.

Social Media / Project Branding Kit
To maximize community participation our team will develop content and promotional materials for the project including flyers, website and social media content, and handouts that will visually unify all project outreach efforts. Our team will develop large format proje ct posters for display on site and throughout various community center facilities, social media graphics for easy posting, sponsored social media ads on Facebook and Instagram, project branded flyers and QR codes will tie directly into the project website. Digital media developed by RJM throughout the project will be sized and made available for posting by the City’s account administrators. Project updates, workshop notifications and invitations will be coordinated in advance of the actual meetings. This outreach will inform users of the project’s intent, timing, proposed meeting dates and project updates. Upon city request RJM will print materials and ship them to the city.

All printing and shipping will be billed against the reimbursable allowance.

Community Pop-up Events
Capitalizing on already popular City events, our team will work with the City to make paper and online surveys available to capture user input for the development of the master plan. RJM will develop infographic posters and materials to inform the community about the Master Plan process and solicit involvement through a dedicated survey or unscripted feedback, ensuring every voice has a chance to provide input. City is responsible to host a booth and provide staffing during the event.

348

Phase IV - Needs Analysis and Recommendations

The strength of the Parks and Recreation
Master Plan will largely rest on the
successful outreach efforts and thorough
analysis of the results. The assessment
will not only convey the results among
residents as a whole, it will also detail
how the results vary across important
subgroups of residents such as age,
gender, location within the City, presence
of children in the home, as well as length
of residence and other factors. Using the
ESRI Tapestry community dataset RJM
can analyze the micro demographics

to determine not just priority of
recommendations but the impact on the
location of the recommendations as well.

Each of the community engagement
strategies employed will be analyzed
and combined into a single engagement
needs matrix graphic. This graphic will

illustrate the community needs that have
the most significant impact as well as
other trending recreation desires among
the community.

Sample of Community Needs Prioritization Graphic

RJM will provide a complete recommendation action plan outlining the park infrastructure improvements required to meet the needs of the community. Recommendations will be based on research and documented community needs. Specific recommendations may include park and recreation features such as additions, renovations, redevelopments, replacements, decommissioning, maintenance, and improvements of proposed parks, playgrounds, shelters, sports courts, parking lots, and turf reduction.

After the facility needs, community priorities, and public consensus are defined, we will discuss and evaluate with City Staff the short -term, intermediate, and long -term opportunities to create new community recreation facilities. This may include evaluat ion of areas such as drainage or flood control sites, vacant land, or reuse of existing park land as well as potential new or enhanced partnerships to maximize the communities existing resources.

Consultant shall further refine the list to create a 10 -year priority CIP Plan and a detailed implementation schedule for first 5 years, including priority projects. The plan shall take into account immediate and long -range budget projections, planning staffing needs and operational resources.

Tool 9
Recommendations and CIP
349

Phase V - Management, O&M, and Financial Analysis

The purpose of this task is to provide, recommend, and establish coordination between the Parks Master Plan and the City’s General Plan. This will include proposed modifications, amendments, or revisions to the General Plan.

The Consultant shall review the City’s planning and development ordinances pertinent to parks development issues; propose amendments and/or new ordinances as needed to accomplish parks development goals and objectives.

Analyze current facility usage policies and fees for consistency, relevance, and effectiveness.

The Consultant will develop an overall operational assessment for efficiencies and best management practices that can be employed to guide the organization including an analysis and identification of core recreation services, effective resource allocation, cost recovery, and pricing strategies that take into consideration community wide benefits vs. ind ividual benefits.

Prepare an Operation and Maintenance plan for the parks and recreation buildings maintained by the City. The plan will identify routine and preventative maintenance schedules/programs, work management, asset lifecycle management, and performance measurements. The Operation and Maintenance Plan will include maintenance specifications and a proposed scope of work for park maintenance including a schedule of park maintenance services.

Consultant shall provide an evaluation of current staffing levels and organizational structure based upon the existing department and potential growth with the development of this master plan. An evaluation and analysis of current management and operations practices will be provided, giving specific attention to parks maintenance and staffing (consideration should be given to contract maintenance vs. in -house staffing) with recommendations pertinent to future growth of parklands, buildings and facilities, and related services.

for specific sustainability practices for both new and rehabilitation projects, including ongoing sustainable operation and maintenance practices for incorporation into future bid requirements for maintenance suppliers, as well as design and construction guidelines for proposed new projects or project improvements that address environmental and economic sustainability goals.

Propose cost-effective funding levels necessary to adequately sustain quality, safe, and cost-effective maintenance operations and practices and sustain recommended levels of maintenance and service.

350

The Consultant will conduct an analysis of existing financial plans developing a Financial Plan with recommendations applicable to addressing the updated financial needs and priorities for the City. Review and discuss existing funding mechanisms and cost recovery practices for recreation programs and services; and recommend appropriate levels of cost recovery through fees. Recommendations should balance cost recovery with issues of affordability.

Provide a thorough analysis of existing funding practices, sources of funds including user fees and impact fees, and funding levels for parks, recreation, community service facilities and programs. Identify new or alternative sources of funds that might reasonably be developed to supplement existing funding methods an identify new funding practices that might present long- term funding stability.

Phase VI - Report Development

Master Plan Report Development
The draft report will summarize all information gathered in inventory tasks, analysis, funding opportunities, phasing, community priorities and other data as appropriate. Recommend levels of recreation and park facilities shall be presented graphically and demonstrate distribution of service and opportunity.

Following a City Staff review, RJM will conduct a virtual meeting with City Staff to review and discuss refinements to the draft report. Upon receipt of one set of non-conflicting comments from the City, we will revise the document. The RJM Team will then incorporate City refinements and submit the Second Draft for staff review. Once the Second Draft has been reviewed and non-conflicting comments are received, a final Draft will be developed and formatted for delivery. All original detailed research and summary reports will be cataloged in an Appendix Document.

Public Meetings and Presentations
RJM will prepare a PowerPoint presentation summarizing the Final Report and present the final draft Master Plan to the City Council for review, comment, and final direction. Included in this proposal is in person attendance at one Parks and Recreation Commission Meeting and one City Council meeting.

351

Project Schedule — Parks & Recreation Master Plan Update

M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12
Phase I: Project Management (Tool 1)
Tool 1: Scalable Project
Management

Phase II: Existing Conditions Analysis (Tool 2 - 5)
Tool 2: Existing Documentation
Review

Tool 3: Inventory of Parks,
Facilities, and Programs

Tool 4: Demographic
Assessment

Tool 5: Local Trends
Tool 6: Custom Park Standards
Calculations

Phase III: Public Outreach and Engagement (Tool 7)
Project Website Development
Stakeholder Interviews
Workshop ONE
Workshop TWO
Workshop THREE
Statistically-Valid Multimodal
Community Survey

Phase IV: Needs Analysis and Recommendations (Tool 8- 9) Tool 8: Community Needs
Assessment

Tool 9: Recommendations &
CIP

Phase V: O & M, Policy, and Funding Analysis (Tool 10 - 12) Tool 10: Policy Review and
Recommendations

Tool 11: Operations and
Maintenance Plan

Tool 12: Financial Plan Review
and Recommendations

Phase VI: Report Development (Tool 13)
Tool 13: Report Development
and Documentation

M Month
Kick Off Meeting (In-Person)
Project Review Meeting (Virtual)
Presentations (In-Person)
352

Project Approach — Trails Master Plan
Trails Master Plan — Project Approach Overview & Deliverables We have developed the following approach with five overall phases. Phase I outlines the project management and meetings for the duration of the project. Phase II will focus on updating the existing conditions of Murrieta’s trail system. Phase III will encompass our community outreach tools including RJM’s innovative online virtual and/or in person meetings, project website, and community feedback. Phase IV will inc lude a review of all the community data collected and prepare a meaningful analysis that will support future trail planning. Lastly, Phase V will be a summary of research, in an easy to read document, illustrating the Trails Master Plan for the City of Mur rieta.

Some of the tools overlap with the Parks and Recreation Master Plan Update and can be combined to be more economically efficient. Those tasks are idenfied as a ‘SHARED TOOL’..

Phase Name Tool Deliverables
Phase I: Project
Management
Tool 1:

Scalable Project Management
► Project schedule
► Monthly virtual meetings
► Online resource FTP site
Phase II: Existing
Conditions Analysis
Tool 2:

Existing Documentation Review
Tool 3:

Trails Inventory and Assessment

Tool 4:

Demographic Assessment
(SHARED TOOL)
► Existing documents summary
► Draft and Final Existing
Trail Conditions Technical
Memorandum.
► GIS Shapefiles of existing trails,
access points, and parking
facilities.
► Raw Trail Useage Data provided
in the native file format provided
by the data collection vendor.
► Demographic assessment
summary
Phase III: Public Outreach
and Engagement
Tool 5:

Community Engagement
► Website development and
updates
► Workshop summaries
► Stakeholder interviews summary
► Multimodal survey and report
(SHARED TOOL)
► Social Media / Project Branding
Kit
Phase IV: Trail
Recommendations
Tool 6:

Community Needs Assessment
► Community needs assessment
and prioritization matrix
► GIS mapping of community
needs
► “Cut Sheets” with call -outs
identifying potential improvements
for existing trails. One cut -sheet
per trail (16 total)
► Map of existing and proposed
future trails
► Project list matrix with planning
level cost estimate ranges and
prioritization criteria
► Technical memorandum
documenting the project
list, prioritization framework,
prioritization results, and potential
funding sources.

Tool 7:

Trail Recommendations
Tool 8:

Trail Implementation
Phase VI: Report Tool 9: ► Appendix Document
Development Report Development and Presentations ► Powerpoint presentations ► Final Draft Report
► Final Report
353

LEGEND
Murrieta City Trails

Trail Name

Falcon’s View Trail
soil
Las Brisas Trail

Lincoln Ranch Trail

Water on trail • Restrooms

soil
Pond Park Trail
Concrete
Rail Ranch Trail
Asphalt
Parking lot
Rancho Acacias Trail
Asphalt
Pars course
Sycamore Ranch Trail

Toulon Trail
soil

Native soil
lot
City Parks
Scope of Services — Trails Master Plan
Phase I: Project Management

Additionally, a project team online resource FTP site will allow for easy file access and document review for all team members. This will ensure everyone has access to the latest reports, and graphic illustrations available eliminating the “wait” for consultants to gather and report back.

Phase II - Existing Conditions Analysis

Provide a summary of each document and how the document relates to trails planning in the City. Additionally, we will provide a summary of current practices for trail master plan development and provide a summary of trail planning resources.

Source: www.MurrietaCA.gov

354

Phase II - Existing Conditions Analysis continued

Perform an existing conditions assessment that documents each City trail’s general characteristics such as: surface material, surface condition, general width (note that this will be provided generally as a range and will not be a detailed trail width assessment along the entire trail length), description of trailheads/access points, parking presence and parking conditions at trail access points, and identification of where trails cross a roadway with crossing design characteristics. Existing conditions data will be collected in the field and through aerial mapping review. There are approximately 23 miles of City trails shown on the City Parks and Trails Maps (including the 8.1 mile Rancho Los Alamos Trail System) and our scope includes ten (10) miles of field review (walking the trails). The data collection will start with aerial mapping review. The trail locations for the ten (10) miles of field review will be determined based on where the data is difficult to collect in the aerial review and through coordination with City staff.

A GIS layer of existing trails, access points, and parking facilities will be developed that includes trail characteristic metadata and photographs from the field review.

In addition, we will document the observed trail user characteristics. Our expectation is that most trail users are on on-foot/walking; however, we expect that some trails include bicycle use and equestrian use. We will work with the City to understand the extent that e -bikes/e-mountain bikes are being used on the trails and if the interaction is resulting in user concerns.

We will collect trail usage data for up to five (5) trails (single location at the primary trail entrance). The data will be collected using a data collection vendor that utilizes video data collection technology. The counts will be conducted for four (4) consecutive days including weekday and weekend days.

355

Phase II - Existing Conditions Analysis continued

(SHARED TOOL WITH PARKS AND RECREATION MASTER PLAN UPDATE)

Phase III - Public Outreach and Engagement

There is no one prescriptive method that is
a catch all for any community. Community
input no longer rests on a one-night workshop.

People take part in surveys and feedback
sessions when it is convenient with their
schedules. We engage the entire community
and not just a handful of special interests
through the following outreach elements:

Website Development

Sample of Community Engagement Outreach
Participant Totals (City of Carson)
RJM will develop a project website in the ESRI story map platform where the community can learn about the project, understand the extent of planning considerations, and provide feedback. This website will be a hub for community collaboration and meaningful two-way feedback. This continuous public dialogue will ensure maximum opportunity for all community members to become informed and involved in the development of the Trails Master Plan. As each of the following outreach efforts are completed, the results will be posted. This method enables continued community involvement for the life of the project. At any point during the project the community can pr ovide direct comments via a “Feedback” button on the website. As feedback is recorded it will be reviewed and shared with the project team. To promote project branding and ease of community engagement, our team will purchase the domain “ MurrietaTrailsMasterPlan” for the project website.

Scan the QR code or go to https://arcg.is/1bbiCS0 to see a project website sample.

356

Phase III - Public Outreach and Engagement continued
Stakeholder Interviews
Soliciting the attitudes and perceived needs of community stakeholders is an essential element for a successful Master Plan. Often involved in the front lines of community recreation support and programming, stakeholders have a unique understanding of community desires. One-on- one interviews will be conducted with selected key stakeholders such as members of the City Council, Commissioners, City Manager’s Office, County representatives, and/or community leaders. Estimate twelve (12) interviews to be conducted via online virtual meetings.

Workshop No. 1
The first workshop will solicit community input on the existing trails and trail features. An online survey will also be available for residents that are unable to attend the workshop and will be active for (2) two weeks. The information gathered will be used identify key ideas and desires to be explored in the future surveys and outreach efforts.

Workshop No. 2
The second workshop will focus on trail needs. This workshop will begin with a presentation illustrating the results of past efforts and soliciting further information on the prioritization of the desired trail improvements. This workshop will also promote an online survey option.

The online survey will stay live for (2) two weeks allowing all community members to take part at their own pace.

Workshop No. 3
The final community outreach event will involve sharing all the past outreach results as well as a trail prioritization survey summary. At the conclusion of the presentation our team will host online survey will also be available for residents that are unable to attend the workshop and will be active for (2) two weeks for residents to weigh in on the list of community needs identified throughout the process.

357

Phase III - Public Outreach and Engagement continued
We will also make paper copies of the survey available for distribution at City Hall and other locations as requested. Paper surveys will be collected, and data entered by City staff to be counted with online survey responses.

Statistically-Valid, Multimodal Community Survey
(SHARED TOOL WITH PARKS AND RECREATION MASTER PLAN UPDATE) Social Media / Project Branding Kit
To maximize community participation our team will develop content and promotional materials for the project including flyers, website and social media content, and handouts that will visually unify all project outreach efforts. Our team will develop large format project posters for display on site and throughout various comm unity center facilities, social media graphics for easy posting, sponsored social media ads on Facebook and Instagram, project branded flyers and QR codes will tie directly into the project website. Digital media developed by RJM throughout the project will be sized and made available for posting by the City’s account administrators. Project updates, workshop notifications and invitations will be coordinated in advance of the actual meetings. This outreach will inform users of the project’s intent, timing, proposed meeting dates and project updates. Upon city request RJM will print materials and ship them to the City.

All printing and shipping will be billed against the reimbursable allowance.

Phase IV - Needs Analysis and Recommendations

The strength of the Trails Master Plan will
largely rest on the successful outreach efforts
and thorough analysis of the results. The
assessment will not only convey the results
among residents as a whole, it will also detail
how the results vary across important
subgroups of residents such as age, gender,
location within the City, presence of children
in the home, as well as length of residence
and other factors. Using the ESRI Tapestry
community dataset RJM can analyze
the
micro demographics to determine not just
priority of recommendations but the impact
on the location of the recommendations as
well.

Each of the community engagement
strategies employed will be analyzed and
combined into a single engagement needs
matrix graphic. This graphic will illustrate the
community needs that have the most
significant impact as well as other trending
recreation desires among the community.

Sample of Community Needs Prioritization Graphi

358

Tool 7
Trail Recommendations

Phase IV - Needs Analysis and Recommendations

Develop proposed trail improvements. Two categories of improvements will be identified:

1. Improvements to existing trails

2. Future trail connections

Improvements to existing trails will be identified based on the data collected during the existing trails inventory and assessment and community input collected by RJM Design Group through surveys and other outreach events. The trail improvements will identify projects that enhance the experience using existing trails. The types of improvements that will be id entified are enhancements to roadway trail crossings (such as marked crossings and traffic control devices), opportunities to provide greater access to a trail (such as installing a gate connecting to a planned community or closing a sidewalk gap leading t o a trail) to encourage the nearby community to access the trail via walking or bicycling, and identifying opportunities to enhance trail parking.

The following items will be used to assist with developing future trail improvements or connections:
• City’s General Plan – Section 5: Circulation Element – Exhibit 5-4 showing the proposed trails and bikeways
• Murrieta Creek Regional Trail (MCRT) Plan
• Murrieta’s Interim Trail (MCRT)
• Demographic and Land Use data
• Community input
• Opportunities to connect with and supplement the roadway bicycle and pedestrian network.

We will utilize GIS shapefile demographic and land use information to understand future land use conditions that may influence use of trails. Data will be supplemented with transportation and land use data from the Riverside County travel demand model (which contains information such as existing and future land use information, traffic volumes, roadway characteristics, etc.) The data will be used to perform GIS analysis to map existing population and employment density and community land uses such as schools, parks, community centers, etc.

Review opportunities for additional/expanded trails in open space areas or along public rights of way. These opportunities will be based on the community input and historical knowledge from City staff.

Note that this scope does not include topographic or detailed trails alignment analysis. Future trails will be shown in their approximate alignment and are expected to be studied in detail as part of their implementation.

Create a matrix of trail improvement projects and planning level cost ranges using the existing trail improvements cut-sheets and the proposed future trails maps. A set of criteria will be developed through coordination with City Staff to prioritize the project list. The criteria could include criteria such as community support, equity, gap closure, safety enhancement, etc.

The project list will be prioritized and sorted into near -term, mid-term, and long-term projects.

Identify funding sources, focusing on near and mid-term improvements. 359

Phase VI - Report Development

non-conflicting comments are received, a final Draft will be developed and formatted for delivery. All original detailed research and summary reports will be cataloged in an Appendix Document.

Tool 10 - Trail Standards (Optional)

Create trail standards that provide guidance on trail width, connections, street crossings.

Develop a set of guidelines for selecting the appropriate treatment where trails interface with roadways. This will include a decision -making flow chart and toolbox of treatments. Some sample guidelines images are shown below.

360

Project Schedule — Trails Master Plan
Concurrent Schedule with Parks & Recreation Master Plan Update

M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12
Phase I: Project Management (Tool 1)
Tool 1: Scalable Project
Management

Phase II: Existing Conditions Analysis (Tool 2 - 4)
Tool 2: Existing Documentation
Review

Tool 3: Trail Inventory and
Assessment

Tool 4: Demographic
Assessment

Phase III: Public Outreach and Engagement (Tool 5)
Project Website Development
Stakeholder Interviews
Workshop ONE
Workshop TWO
Workshop THREE
Statistically-Valid Multimodal
Community Survey

Phase IV: Needs Analysis and Recommendations (Tool 8- 9) Tool 6: Community Needs
Assessment

Tool 7: Trail Recommendations
Tool 8: Trail Implementation
Phase VI: Report Development (Tool 13)
Tool 9: Report Development
and Documentation

M Month
Kick Off Meeting (In-Person)
Project Review Meeting (Virtual)
Presentations (In-Person)

361

Cost Estimate — Parks & Recreation Master Plan Update
It is the objective of our Team to provide the most comprehensive, yet efficient, approach to the development of the City of Murrieta Parks and Recreation Master Plan Update. This fee includes all costs to be incurred by RJM Design Group, Inc. Fees for the work are as follows:

Phase/Task Fee
PHASE I - Project Management
Tool 1 - Scalable Project Management $9,900.00

PHASE II - Existing Conditions Analysis
Tool 2 - Existing Documentation Review $5,725.00
Tool 3 - Inventory of Parks, Facilities and Programs $14,160.00 Tool 4 - Demographic Assessment $4,000.00
Tool 5 - Local Trends Analysis $5,200.00
Tool 6 - Custom Park Standards Calculation (CPSC’s) $9,550.00

PHASE III - Community Outreach and Engagement
Tool 7 - Community Engagement
Project Website Development & Updates $8,000.00
Stakeholder Interviews $10,675.00
Workshop #1 - Scoping Session $9,050.00
Workshop #2 - Program / Facility Needs $9,050.00
Workshop #3 - Prioritization $9,050.00
Statistically Valid Multimodal Survey $36,250.00
Social Media / Branding Kit $3,650.00

PHASE IV - Needs Summary and Recommendations
Tool 8 - Community Needs Assessment $5,825.00
Tool 9 - Recommendations and CIP $8,425.00

PHASE V - Management, O & M, and Financial Recommendations Tool 10 - General Plan & Policy Review $5,050.00
Tool 11 - Operations & Maintenance Plan $7,400.00
Tool 12 - Financial Plan Review & Recommendations $8,375.00

PHASE VI - Report Development
Tool 13 - Draft Master Plan Report Development $16,200.00 Final Master Plan Report $7,575.00
Public Meetings and Presentations $6,460.00

Reimbursable Allowance $10,000.00

Total Project Fee*: $209,570.00
*This fee summary represents our current understanding of the project scope and complexity.

362

Cost Estimate — Parks & Recreation Master Plan Update (continued)

CITY OF MURRIETA
Parks and Recreation Master Plan Update
Hourly Fee Spreadsheet

LEAD CONSULTANT SUBCONSULTANT

PHASE FEE
TOTALS

Task Description

RJM Design Group, Inc.

True North Research
Principal Senior Associate Project Manager Job Captain Statistically Valid Survey
Hourly Rate $210 $175 $155 $140 $275
Hours Amount Hours Amount Hours Amount Hours Amount Hours Fees

PHASE I - PROJECT MANAGEMENT
Tool 1 - Scalable Project Management 25 $5,250 0 $0 30 $4,650 0 $0 $9,900 PHASE I - SUBTOTALS 25 $5,250 0 $0 30 $4,650 0 $0 0 $0
PHASE I - TOTAL FEES $9,900 $0 $9,900

PHASE II - EXISTING CONDITIONS ANALYSIS
Tool 2 - Existing Documentation Review 10 $2,100 3 $525 20 $3,100 0 $0 $5,725 Tool 3 - Inventory of Parks, Facilities and Programs 6 $1,260 40 $7,000 20 $3,100 20 $2,800 $14,160 Tool 4 - Demographic Assessment 5 $1,050 0 $0 10 $1,550 10 $1,400 $4,000 Tool 5 - Local Trends Analysis 10 $2,100 0 $0 20 $3,100 0 $0 $5,200 Tool 6 - CPSC's 10 $2,100 0 $0 30 $4,650 20 $2,800 $9,550 PHASE II - SUBTOTALS 41 $8,610 43 $7,525 100 $15,500 50 $7,000 0 $0 PHASE II - TOTAL FEES $38,635 $0 $38,635

PHASE III - PUBLIC OUTREACH AND ENGAGEMENT
Tool 7 - Community Engagement:

PHASE IV - NEEDS SUMMARY AND RECOMMENDATIONS
Tool 8 - Community Needs Assessment 10 $2,100 0 $0 15 $2,325 10 $1,400 $5,825 Tool 9 - Recommendations and CIP 15 $3,150 0 $0 25 $3,875 10 $1,400 $8,425 PHASE IV - SUBTOTALS 25 $5,250 0 $0 40 $6,200 20 $2,800 0 $0 PHASE IV - TOTAL FEES $14,250 $0 $14,250

PHASE V - MANAGEMENT, O & M, AND FINANCIAL RECOMMENDATIONS Tool 10 - General Plan and Policy Review 5 $1,050 14 $2,450 10 $1,550 0 $0 $5,050 Tool 11 - Operations and Maintenance Plan 5 $1,050 23 $4,025 15 $2,325 0 $0 $7,400 Tool 12 - Financial Plan Review & Recommendations 5 $1,050 33 $5,775 10 $1,550 0 $0 $8,375 PHASE V - SUBTOTALS 15 $3,150 70 $12,250 35 $5,425 0 $0 0 $0 PHASE V - TOTAL FEES $20,825 $0 $20,825

PHASE VI - REPORT DEVELOPMENT
Tool 13 - Report Development and Presentations:

Draft Master Plan Report Development 20 $4,200 10 $1,750 30 $4,650 40 $5,600 $16,200 Final Master Plan Report 10 $2,100 10 $1,750 15 $2,325 10 $1,400 $7,575 Public Meetings and Presentations 16 $3,360 0 $0 20 $3,100 0 $0 $6,460 PHASE VI - SUBTOTALS 46 $9,660 20 $3,500 65 $10,075 50 $7,000 0 $0 PHASE VI - TOTAL FEES $30,235 $0 $30,235

COMBINED PHASE FEE TOTAL $169,570 $30,000 $199,570

Reimbursable Allowance $10,000

FEE GRAND TOTAL $209,570

The above hourly fee breakdown consists of ESTIMATES ONLY. Billings will be based on actual percentage completion of each phase per contracted fixed fee.

363

Cost Estimate — Trails Master Plan
It is the objective of our Team to provide the most comprehensive, yet efficient, approach to the development of the City of Murrieta Trails Master Plan. This fee includes all costs to be incurred by RJM Design Group, Inc. Fees for the work are as follows:

Phase/Task Fee
PHASE I - Project Management
Tool 1 - Scalable Project Management

$13,600.00
PHASE II - Existing Conditions Analysis
Tool 2 - Existing Documentation Review

$7,800.00
Tool 3 - Trail Inventory and Assessment $67,550.00
Tool 4 - Demographic Assessment SHARED TOOL
PHASE III - Community Outreach and Engagement
Tool 5 - Community Engagement
Project Website Development & Updates

$8,000.00
Stakeholder Interviews SHARED TOOL
Workshop #1 - Existing Trails $8,210.00
Workshop #2 - Trail Needs $8,210.00
Workshop #3 - Prioritization $8,210.00
Statistically Valid Multimodal Survey SHARED TOOL
Social Media / Branding Kit $3,650.00
PHASE IV - Needs Summary and Recommendations
Tool 6 - Community Needs Assessment

$2,945.00
Tool 7 - Trail Recommendations $48,975.00
Tool 8 - Trail Implementation $50,755.00
PHASE V - Report Development
Tool 9 - Draft Master Plan Report Development

$18,800.00
Final Master Plan Report $5,050.00
Public Meetings and Presentations $7,640.00
Reimbursable Allowance $10,000.00
Total Project Fee*: $269,395.00
*This fee summary represents our current understanding of the project scope and complexity.

OPTIONAL - BICYCLE FACILITY AND ROADWAY CROSSING DESIGN STANDARDS ($30,000.00)

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Cost Estimate — Trails Master Plan (continued)

CITY OF MURRIETA
Trails Master Plan
Hourly Fee Spreadsheet

LEAD CONSULTANT

PHASE FEE
TOTALS

Task Description

RJM Design Group, Inc.

Probolsky Research

Fehr and Peers
Principal Senior Associate Project Manager Job Captain Statistically Valid Survey
Transportation
Planning
Hourly Rate $210 $175 $155 $140 $275 $200
Hours Amount Hours Amount Hours Amount Hours Amount Hours Fees Hours Fees

PHASE I - PROJECT MANAGEMENT
Tool 1 - Scalable Project Management Included in the Parks and Recreation Master Plan - Shared Tool 68 $13,600 $13,600 PHASE I - SUBTOTALS 0 $0 0 $0 0 $0 0 $0 0 $0 68 $13,600 PHASE I - TOTAL FEES $0 $0 $13,600 $13,600

PHASE II - EXISTING CONDITIONS ANALYSIS
Tool 2 - Existing Documentation Review Included in the Parks and Recreation Master Plan - Shared Tool 39 $7,800 $7,800 Tool 3 - Trail Inventory and Assessment 10 $2,100 0 $0 20 $3,100 0 $0 312 $62,350 $67,550 Tool 4 - Demographic Assessment Included in the Parks and Recreation Master Plan - Shared Tool $0 PHASE II - SUBTOTALS 10 $2,100 0 $0 20 $3,100 0 $0 0 $0 39 $70,150 PHASE II - TOTAL FEES $5,200 $0 $70,150 $75,350

PHASE III - PUBLIC OUTREACH AND ENGAGEMENT
Tool 5 - Community Engagement:

Project Website Development & Updates 10 $2,100 0 $0 20 $3,100 20 $2,800 $8,000 Stakeholder Interviews Included in the Parks and Recreation Master Plan - Shared Tool $0 Workshop #1 - Existing Trails 11 $2,310 0 $0 20 $3,100 20 $2,800 $8,210 Workshop #2 - Trail Needs 11 $2,310 0 $0 20 $3,100 20 $2,800 $8,210 Workshop #3 - Prioritization 11 $2,310 0 $0 20 $3,100 20 $2,800 $8,210 Statistically Valid Multimodal Survey Included in the Parks and Recreation Master Plan - Shared Tool Shared Tool $0 Social Media / Branding Kit 0 $0 0 $0 10 $1,550 15 $2,100 $3,650 PHASE III - SUBTOTALS 43 $9,030 0 $0 90 $13,950 95 $13,300 0 $0 0 $0 PHASE III - TOTAL FEES $36,280 $0 $0 $36,280

PHASE IV - NEEDS SUMMARY AND RECOMMENDATIONS
Tool 6 - Community Needs Assessment 5 $1,050 0 $0 5 $775 8 $1,120 $2,945 Tool 7 - Trail Recommendations 8 $1,680 0 $0 5 $775 8 $1,120 227 $45,400 $48,975 Tool 8 - Trail Implementatiion 8 $1,680 0 $0 5 $775 5 $700 238 $47,600 $50,755 PHASE IV - SUBTOTALS 21 $4,410 0 $0 15 $2,325 21 $2,940 0 $0 465 $93,000 PHASE IV - TOTAL FEES $9,675 $0 $93,000 $102,675

PHASE V - REPORT DEVELOPMENT
Tool 9 - Report Development and Presentations:

Draft Master Plan Report Development 10 $2,100 0 $0 20 $3,100 30 $4,200 47 $9,400 $18,800 Final Master Plan Report 10 $2,100 0 $0 10 $1,550 10 $1,400 $5,050 Public Meetings and Presentations 16 $3,360 0 $0 16 $2,480 0 $0 9 $1,800 $7,640 PHASE V - SUBTOTALS 36 $7,560 0 $0 46 $7,130 40 $5,600 0 $0 56 $11,200 PHASE V - TOTAL FEES $20,290 $0 $11,200 $31,490

COMBINED PHASE FEE TOTAL $71,445 $0 $187,950 $259,395

Reimbursable Allowance $10,000

FEE GRAND TOTAL $269,395

The above hourly fee breakdown consists of ESTIMATES ONLY. Billings will be based on actual percentage completion of each phase per contracted fixed fee.

365

Cost Estimate — General Provisions

REIMBURSABLE EXPENSES
When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above fee proposal:
• Printing, plotting, copying, scanning, photography, graphic expenses • Delivery and handling of documents, shipping
• Permits, plan check, and inspection fees
• City business license

PAYMENTS
Payments are due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1.5% of the amount due, compounded monthly.

ADDITIONAL SERVICES
Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client’s request, reimbursable at consultant’s standard hourly rates. Additional services may include, but are not limited to:
• Additional meetings, presentations, or site visits beyond those identified in the scope of work. • Exhibit preparation beyond that identified in the scope of work. • Revisions to documents required as a result of changes in Client’s direction; changes subsequent to Client’s approval; or changes in governmental codes or regulations. • Design of improvements beyond the designated project site, or due to changes in project phasing schedule.
• Specialized billing or accounting forms, invoices, spreadsheets. • Engagement of other consultants not specifically identified below.

CONSULTANTS’ HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates* below:

True North Research
Principal $275.00 per hour
Associate $225.00 per hour

Fehr and Peers
Principal $375.00 per hour
Senior Associate $300.00 per hour
Associate $275.00 per hour
Senior Engineer/Planner $230.00 per hour
Engineer/Planner $175.00 per hour
Senior Engineering Technician $215.00 per hour
Senior Project Accountant $190.00 per hour
Senior Project Coordinator $180.00 per hour
Project Coordinator $170.00 per hour
Technician $170.00 per hour
Intern $140.00 per hour
366
Consultant Agreement
Murrieta Form 04/10

AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
RJM DESIGN GROUP, INC.

This Agreement (“Agreement”), made this 15th day of August, 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and RJM De sign Group, Inc., a California corporation ("CONSULTANT") with reference to the following facts which a re acknowledged by each party as true and correct:

RECITALS

A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consultant agreements under the provisions o f California Government Code section 53060.

C. CITY desires or is in need of parks and recreation and trails master plan services.

D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above services.

E. CITY now desires to retain CONSULTANT to accomplish the above services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply . These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

1.2 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in e ntering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.

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2 1.3 Monthly Written Reports. The Project Manager of CONSULTANT shall prepare and submit to the designated CITY representative a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.

2.2 CONSULTANT shall keep the C ity Manager, CITY’s representative, or his designee or designees, fully informed as to the progress of the wor k and shall submit to CITY such oral and written reports as CITY may specify.

2.3 This Agreement shall be administered on behalf of the parties hereto, and a ny notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY: Kim Summers
City Manager
Address: City of Murrieta
1 Town Square
Murrieta, CA 92562
Phone: (951) 461-6010
Facsimile: (951) 461-6430

For CONSULTANT: Larry P. Ryan
President
CONSULTANT: RJM Design Group, Inc.

Address: 31591 Camino Capistrano
San Juan Capistrano, CA 92675
Phone: (949) 493-2600
Email: [email protected]

3. TERM

3.1 The term of this Agreement shall be from 8/15/2023 until 12/31/2026.

3.2 Time is of the essence for this Agreemen t and each provision of this Agreement, unless otherwise specified in this Agreement.

4. PAYMENT TO CONSULTANT

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the C ITY as set forth in Section 1, the C ITY agrees to pay CONSULTANT the sum of four hundred seventy-eight thousand nine hundred sixty-five dollars and zero Cents ($478,965) in accordance with the rates set forth in Consultant ’s Fee Schedule, attached hereto and incorporated herein as Exhibit “B”.

4.2 Additional Services . If CITY desires any additional services (“Additional 368
3 Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and C ITY, CONSULTANT shall perform th e Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

5. STATUS OF CONSULTANT

5.2 Employee Benefits . CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT and its employees, a gents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to , overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave or other benefits.

5.3 Workers' Compensation Insurance . CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participat ing in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to the provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general ra te for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws. 369
4 Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or porti on thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub -consultant under him, in violation of the provisions of this Agreement.

6. INSURANCE

CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, C ITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability . Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of Two Million Dollars ($2,000,000) per occurrence and subject to an annual aggregate of Four Million Dollars ($4,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed ag ainst CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.

6.1.3 Professional Liability . For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Ag reement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.

6.2 Insurer Requirements . All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” 370
5 or better by the A.M. Best Key Rating Guide, and are licensed to do business in the Stat e of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required . Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that : (a) the policies are primary and non -contributory to any insurance that may be carried by CITY; and ( b) CITY is entitled to thirty (30) days ’ prior written notice (10 days for cancellation due to non -payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.

6.5 Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’s indemnity and defense obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement , and CONSULTANT’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.

7. AUDIT AND INSPECTION OF RECORDS

8. CONFIDENTIALITY AND USE OF INFORMATION

8.1 Except as otherwise provided by law, all reports, communications, documents and information obtained or pr epared by CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the C ity Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.

8.3 Ownership of Records. All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE

All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addre ssed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the parties are as set forth in Section 2 above.

10. TERMINATION FOR CAUSE

Written notice by CITY of termination for cause shall contain the reasons for such inten tion to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall c ease and terminate on the effective date specified in the written notice by CITY.

10.2 In the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of terminatio n in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the even t of such termination, except as set forth herein.

11. TERMINATION FOR CONVENIENCE OF CITY

11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.
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7 11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION

Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which C ity Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.

13. DEFENSE AND INDEMNIFICATION

13.1 CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance under this Agreement or any negligent or wrongful act or omission by CONSULTANT, its officers, employees, representatives, subcontractors, or agents regardless of whether or not such cla im, loss or liability is caused in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.

13.2 General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under th e law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assurances of protection of the CITY's interest.

The CITY shall, in its sole discretion determine whether such assurances are reasonable.

CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub -consultants, or anyone f or whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.

14. CONFLICT OF INTEREST

14.1 CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.
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8 14.2 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT.

14.3 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. T he term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.

15. ASSIGNMENT

No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hir ing and retaining use of any other person or entity for any purpose, except for those certain sub consultants specifically included in the attached “ Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any ass ignment requiring approval may not be further assigned without CITY approval.

16. SURVIVAL

CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.

17. COMPLIANCE WITH APPLICABLE LAWS

CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel en gaged in activities covered by this Agreement or arising out of the performance of such activities.

18. PERMITS/LICENSES

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9 CONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

19. NONDISCRIMINATION IN EMPLOYMENT

If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement , upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti -discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.

20. NON-WAIVER

21. SEVERABILITY

22. DISPUTES

23. REMEDIES

The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

24. ENTIRE AGREEMENT/AMENDMENT

375
10 This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.

25. GOVERNING LAW/VENUE

The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.

26. BINDING AGREEMENT

This Agreement is intended to be binding on the parties and their respective successors and assigns.

27. NUMBER

The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.

28. WARRANTY OF AUTHORITY

Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

29. COUNTERPARTS

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

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11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MURRIETA RJM Design Group, Inc.

Name of Consultant
_____________________________
Kim Summers, City Manager Larry P. Ryan, President
Name/title of signatory

_____________________________
Signature

Attest:

Zachary Mueting, Secretary
Name/title of signatory
_____________________________
Cristal McDonald, City Clerk
_____________________________
Signature

Approved as to Form:

_____________________________
Tiffany J. Israel, City Attorney

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12 EXHIBIT A

Scope of Services
378
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 17 Phase I: Project Management
Clear communication is critical in any endeavor. RJM will hold regular virtual meetings with the City monthly to review progress, present information, and recommend direction throughout the project. These virtual meetings enable strong team collaboration and unity in decision making as the project develops.

Additionally, a project team online resource FTP site will allow for easy file access and document review for all team members. This will ensure everyone has access to the latest reports, and graphic illustrations available eliminating the “wait” for consultants to gather and report back.

Phase II - Existing Conditions Analysis
Knowing what documents exist and how they relate to one another can help guide planning to ensure there are no conflicts or overlapping efforts. RJM will review related documents pertinent to your planning process and generate a database of existing resources as well as a summary document highlighting key elements. Understanding the history of past planning projects enables you to carefully navigate future planning efforts free of potential conflict.

Tool 1
Scalable Project Management
Tool 2
Existing Documentation Review
Scope of Services — Parks & Recreation Master Plan Update Source: www.MurrietaCA.gov
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18 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Tool 3
Inventory of Recreation
Facilities, Parks, and Programs
Phase II - Existing Conditions Analysis continued
City Recreational Facilities and Parks
Understanding where parks exist is not enough in today’s world. RJM utilizes the power of ESRI to truly map out community needs and identify underserved areas where park quality, safety, and accessibility may be impacting disadvantaged communities.

We will verify the City’s existing parks and facilities list, as well as provide updates to the City for their use. Specifically the GIS dataset will include:
• Geolocate city-owned parks and recreation facility parcels. Developed park profile sheet with aerial and boundary of each park site.
• Quantify city-owned park passive and active recreational amenities (i.e. ballfields, basketball courts, dog parks, tennis courts, restrooms, and playgrounds). Prepare database to include a list of amenities specific to each park site.

The inventory will be analyzed by service area (5-10-15 minute walk radius) and parkland acreage to identify under served neighborhoods or community planning areas. Map exhibits will be developed to determine the distribution and trail connectivity of recreation facility types throughout the city. The results will illustrate gaps in balancing the equitable distribution of service and opportunities for all ages and income levels.

Our team will work with staff to evaluate existing levels of social service and recreation program services within the city’s sphere of influence, public and private, to determine adequacy of current social service, and accessible recreation opportunity for all city residents.

Additionally, an analysis of best possible providers of community and recreation facilities shall be developed. It will include an analysis of possible competition or duplication of services through other public and private service and facility providers, and recommendations for minimizing duplication and/or enhancing possibilities for collaborative partnerships where appropriate.
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Baseball Field
Quantity: 4 | Condition: Good
Play Structure
Quantity: 2 | Condition: Good
Soccer Field
Quantity: 2 | Condition: Okay
Excellent
Good
Satisfactory
Poor
PARK NAME:

DATE:

INVENTORY ITEM:

Los Alamos Hills Sports Park
04/27/2023
Sports Park
Condition:

Notes:

Sports park with baseball /f_ields, soccer /f_ields,
playgrounds, etc.

Field data collection is conducted using the Esri
Collector app to develop a digital inventory of
existing city-owned parks.

This inventory provides detailed information such as
the geo-location of site amenities and maintenance
conditions.

Parks Inventory
Copyright © 1995-2020 Esri. All rights reserved.
381
20 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Phase II - Existing Conditions Analysis continued
Understanding the recreation needs and preferences of City residents first depends upon an understanding of the population and its demographic characteristics. Steps in this process involve a review of data regarding the City’s population base as defined in the latest census, ESRI Tapestry Dataset, and the American Community Survey (ACS).

Detailed demographic data regarding such variables as age, ethnicity, household size, and income as well as special populations which may require specialized or disproportionate services and programming, such as seniors, teens, pre-schoolers, second-language learners, individuals with disabilities, military families and veterans will be analyzed in order to identify unique populations for use in the demand analysis. Special attention will be given to any sub-groups of the population that show unusual trends of change.

Recreation is as broadly defined as the number of communities across in the US today.

Understanding who the community is and where they recreate is vital to the development of a successful road map for the future.

Tool 4
Demographic Assessment
Tool 5
Local Trends Analysis
Source: City of Murrieta Facebook
382
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 21 City of Murrieta Tapestry Map
Copyright © 1995-2020 Esri. All rights reserved.
383
22 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Phase II - Existing Conditions Analysis continued
RJM will prepare and conduct a Sports Organization Specific ESRI Online Survey. The survey is specifically designed to collect valuable information regarding facility usage, team size, recreation seasonality, and player volume that is key to calculating the city’s local demand for sports facilities. The results will be tabulated and used to verify and update the participation rates in selected sports for use in the demand analysis and calculation of the City’s local community parks standard. This standard will represent the unique local demand not just a national averaged benchmark.

Considering the current inventory of recreation facilities, we will identify surpluses and deficiencies in existing parks and recreation-related facilities to serve the community as it exists now and with projections to 2033. One of the primary advantages to this methodology for determining need is that it provides a quantitative, unbiased evaluation of the surpluses and deficits in the City’s parks and recreation facilities, both currently and in the future.

Tool 6
Custom Park Standards
Calculations (CPSC’ s)
“The 2022 NRPA Agency
Performance Review does not
include “national standards, ”
nor do the benchmarks
represent any sort of standards
against which every park and
recreation agency should
measure itself.

The reason for this is simple:
there is not a single set of
standards for parks and
recreation because different
agencies serve different
communities that have unique
needs, desires, and challenges.

Agencies also have diverse
funding mechanisms. ”
- 2022 NRPA Agency
Performance Review
384
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 23 Phase III - Public Outreach and Engagement
Your most robust tool is the ability to reach out to your community in a meaningful two-way dialogue. Find out what, where, and how your community recreates. Over the years technology has changed and so has the trend in which community residents communicate. There is no one prescriptive method that is a catch all for any community. Community input no longer rests on a one-night workshop. People take part in surveys and feedback sessions when it is convenient with their schedules. We engage the entire community and not just a handful of special interests through the following outreach elements:

Tool 7
Community Engagement

COMMUNITY
VOICE

WORKSHOPS COMMUNICATION

STAKEHOLDER

MEETINGS

PROJECT BRANDING

INCLUSION
In-person and/or Virtual
Workshops, Site Tours,
Individual & Group
Activities, Pop-up Booths,
Consensus Building
Custom Project Website,
Social Media Posts,
YouTube Videos, City
Website, Community
Events
All Demographics,
Multilingual Options,
Multimodal Outreach
to Maximize
Participation
Custom Project
Website, Social Media
Graphics, Project Flyers,
Custom Binder,
Report Graphics
One-on-One
Interviews, Focus
Groups, City Council,
Commissions,
Community
Organizations,
Non-Profit
Partnerships

SURVEYS
Online, Paper, Statistically-
Valid Multimodal Survey,
Geolocated Responses/
GIS Maps, 24/7 Feedback
385
24 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan City of Murrieta
Parks and Recreation Master Plan Update
and Trails Master Plan
April 27, 2023RJM Design Group
“making lives and communities better now and in
the future”
Website Development
RJM will develop a project website in
the ESRI story map platform where
the community can learn about the
project, understand the extent of
planning considerations, and provide
feedback. This website will be a hub for
community collaboration and meaningful
two-way feedback. This continuous
public dialogue will ensure maximum
opportunity for all community members
to become informed and involved in the
development of the Parks and Recreation
Master Plan. As each of the following
outreach efforts are completed, the
results will be posted. This method
enables continued community
involvement for the life of the project.

At any point during the project the
community can provide direct comments
via a “Feedback” button on the website.

As feedback is recorded it will be
reviewed and shared with the project
team. To promote project branding
and ease of community engagement,
our team has purchased the domain
MurrietaMasterPlan.com for the project
website.

Phase III - Public Outreach and Engagement continued
Sample of Community Engagement Outreach
Participant Totals (City of Carson)
Scan the QR code or go to MurrietaMasterPlan.com to see a project website sample.

Murrieta
Parks &
Recreation
Master Plan
Project
Website
Y our community
can view current
reporting on
the project
RJM Design Group
April 27, 2023
386
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 25 Stakeholder Interviews
Soliciting the attitudes and perceived needs of community stakeholders is an essential element for a successful Master Plan. Often involved in the front lines of community recreation support and programming, stakeholders have a unique understanding of community desires. One- on-one interviews will be conducted with selected key stakeholders such as members of the City Council, Commissioners, City Manager’s Office, School District representatives, and/or community leaders. Estimate twelve (12) interviews to be conducted via online virtual meetings.

Phase III - Public Outreach and Engagement continued
387
26 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan We will also make paper copies of the survey available for distribution at City Hall and other locations as requested. Paper surveys will be collected, and data entered by City staff to be counted with online survey responses.

Statistically-V
alid, Multimodal Community Survey
To ensure that the Parks and Recreation Master Plan is representative of the needs, priorities and concerns of all residents in the City (not just those who actively participate in the stakeholder interviews, workshops, community meetings, or advisory committees) we recommend conducting a statistically reliable survey as part of the public outreach and engagement program.

After selecting households at random using a stratified design, the survey will be administered using a multimodal approach including multiple recruiting methods (mail, email and telephone) and data collection methods (telephone and password-protected online surveys) to ensure a balanced, representative sample that reflects the full diversity of the City’s resident population.

Using a multimodal approach will ensure a higher participation rate, reduce response bias, better capture the opinions of traditionally hard-to-reach subgroups, and ultimately deliver more reliable data than relying on a single-mode approach (i.e. telephone only). Our online survey platform is complaint with Federal Section 508 (and WCAG guidelines) which ensures accessibility by people with disabilities.

English and Spanish are included, and we place no limit on Spanish language responses. We initiate all interviewing calls with live-US based interviewers in English and switch to Spanish only upon request or when a clear language communication issue presents itself. We take data integrity and privacy seriously
. All client materials are hosted in a secure digital cloud environment. We use 256-bit Advanced Encryption Security to keep your data and the data of your residents secure. This is the same level of encryption used by the U.S. Government.

Social Media / Project Branding Kit
To maximize community participation our team will develop content and promotional materials for the project including flyers, website and social media content, and handouts that will visually unify all project outreach efforts. Our team will develop large format project posters for display on site and throughout various community center facilities, social media graphics for easy posting, sponsored social media ads on Facebook and Instagram, project branded flyers and QR codes will tie directly into the project website. Digital media developed by RJM throughout the project will be sized and made available for posting by the City’s account administrators. Project updates, workshop notifications and invitations will be coordinated in advance of the actual meetings. This outreach will inform users of the project’s intent, timing, proposed meeting dates and project updates. Upon city request RJM will print materials and ship them to the city.

All printing and shipping will be billed against the reimbursable allowance.

Phase III - Public Outreach and Engagement continued
388
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 27 Phase IV - Needs Analysis and Recommendations
The strength of the Parks and Recreation
Master Plan will largely rest on the
successful outreach efforts and thorough
analysis of the results. The assessment
will not only convey the results among
residents as a whole, it will also detail
how the results vary across important
subgroups of residents such as age,
gender, location within the City, presence
of children in the home, as well as length
of residence and other factors. Using the
ESRI Tapestry community dataset RJM
can analyze the micro demographics
to determine not just priority of
recommendations but the impact on the
location of the recommendations as well.

Each of the community engagement
strategies employed will be analyzed
and combined into a single engagement
needs matrix graphic. This graphic will
illustrate the community needs that have
the most significant impact as well as
other trending recreation desires among
the community.

Tool 8
Community Needs Assessment
Sample of Community Needs Prioritization Graphic
RJM will provide a complete recommendation action plan outlining the park infrastructure improvements required to meet the needs of the community. Recommendations will be based on research and documented community needs. Specific recommendations may include park and recreation features such as additions, renovations, redevelopments, replacements, decommissioning, maintenance, and improvements of proposed parks, playgrounds, shelters, sports courts, parking lots, and turf reduction.

After the facility needs, community priorities, and public consensus are defined, we will discuss and evaluate with City Staff the short-term, intermediate, and long-term opportunities to create new community recreation facilities. This may include evaluation of areas such as drainage or flood control sites, vacant land, or reuse of existing park land as well as potential new or enhanced partnerships to maximize the communities existing resources.

Consultant shall further refine the list to create a 10-year priority CIP Plan and a detailed implementation schedule for first 5 years, including priority projects. The plan shall take into account immediate and long-range budget projections, planning staffing needs and operational resources.

Tool 9
Recommendations and CIP
389
28 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Tool 10
Policy Review and Recommendations
Phase V - Management, O&M, and Financial Analysis
The purpose of this task is to provide, recommend, and establish coordination between the Parks Master Plan and the City’s General Plan. This will include proposed modifications, amendments, or revisions to the General Plan.

Analyze current facility usage policies and fees for consistency, relevance, and effectiveness.

Recommended broad strategies for improvement or elevation of current operations to a best practice level will be presented that will apply to:
• Pricing strategies for facilities and programs
• Staffing standards for recreation services used by the community • Inventory of potential community partnerships and outside providers Prepare an Operation and Maintenance plan for the parks and recreation buildings maintained by the City. The plan will identify routine and preventative maintenance schedules/programs, work management, asset lifecycle management, and performance measurements. The Operation and Maintenance Plan will include maintenance specifications and a proposed scope of work for park maintenance including a schedule of park maintenance services.

Consultant shall provide an evaluation of current staffing levels and organizational structure based upon the existing department and potential growth with the development of this master plan. An evaluation and analysis of current management and operations practices will be provided, giving specific attention to parks maintenance and staffing (consideration should be given to contract maintenance vs. in-house staffing) with recommendations pertinent to future growth of parklands, buildings and facilities, and related services.

Operations and Maintenance Plan will propose the development and operation of a sustainable park system for the City, identifying a vision, goals, and objectives for a park system that addresses environmental and economic sustainability. Recommendations can be prepared for specific sustainability practices for both new and rehabilitation projects, including ongoing sustainable operation and maintenance practices for incorporation into future bid requirements for maintenance suppliers, as well as design and construction guidelines for proposed new projects or project improvements that address environmental and economic sustainability goals.

Propose cost-effective funding levels necessary to adequately sustain quality, safe, and cost-effective maintenance operations and practices and sustain recommended levels of maintenance and service.

Tool 11
Operations and Maintenance Plan
390
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 29 Tool 13
Report Development and
Presentations
Master Plan Report Development
The draft report will summarize all information gathered in inventory tasks, analysis, funding opportunities, phasing, community priorities and other data as appropriate. Recommend levels of recreation and park facilities shall be presented graphically and demonstrate distribution of service and opportunity.

Phase VI - Report Development
The Consultant will conduct an analysis of existing financial plans developing a Financial Plan with recommendations applicable to addressing the updated financial needs and priorities for the City. Review and discuss existing funding mechanisms and cost recovery practices for recreation programs and services; and recommend appropriate levels of cost recovery through fees. Recommendations should balance cost recovery with issues of affordability.

Tool 12
Financial Plan Review and
Recommendations
391
30 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Project Schedule — Parks & Recreation Master Plan Update M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12
Phase I: Project Management (Tool 1)
Tool 1: Scalable Project
Management
Phase II: Existing Conditions Analysis (Tool 2 - 5)
Tool 2: Existing Documentation
Review
Tool 3: Inventory of Parks,
Facilities, and Programs
Tool 4: Demographic
Assessment
Tool 5: Local Trends
Tool 6: Custom Park Standards
Calculations
Phase III: Public Outreach and Engagement (Tool 7)
Project Website Development
Stakeholder Interviews
Workshop ONE
Workshop TWO
Workshop THREE
Statistically-Valid Multimodal
Community Survey
Phase IV: Needs Analysis and Recommendations (Tool 8- 9) Tool 8: Community Needs
Assessment
Tool 9: Recommendations &
CIP
Phase V: O & M, Policy, and Funding Analysis (Tool 10 - 12) Tool 10: Policy Review and
Recommendations
Tool 11: Operations and
Maintenance Plan
Tool 12: Financial Plan Review
and Recommendations
Phase VI: Report Development (Tool 13)
Tool 13: Report Development
and Documentation
M Month
Kick Off Meeting (In-Person)
Project Review Meeting (Virtual)
Presentations (In-Person)
392
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 31 Trails Master Plan — Project Approach Overview & Deliverables We have developed the following approach with five overall phases. Phase I outlines the project management and meetings for the duration of the project. Phase II will focus on updating the existing conditions of Murrieta’s trail system. Phase III will encompass our community outreach tools including RJM’s innovative online virtual and/or in person meetings, project website, and community feedback. Phase IV will include a review of all the community data collected and prepare a meaningful analysis that will support future trail planning. Lastly, Phase V will be a summary of research, in an easy to read document, illustrating the Trails Master Plan for the City of Murrieta.

Some of the tools overlap with the Parks and Recreation Master Plan Update and can be combined to be more economically efficient. Those tasks are idenfied as a ‘SHARED TOOL ’ ..

Phase Name Tool Deliverables
Phase I: Project
Management
Tool 1:

Scalable Project Management
►Project schedule
►Monthly virtual meetings
►Online resource FTP site
Phase II: Existing
Conditions Analysis
Tool 2:

Existing Documentation Review
Tool 3:

Trails Inventory and Assessment
Tool 4:

Demographic Assessment
(SHARED TOOL)
►Existing documents summary
►Draft and Final Existing
Trail Conditions Technical
Memorandum.
►GIS Shapefiles of existing trails,
access points, and parking
facilities.
►Raw Trail Useage Data provided
in the native file format provided
by the data collection vendor.
►Demographic assessment
summary
Phase III: Public Outreach
and Engagement
Tool 5:

Community Engagement
► Website development and
updates
► Workshop summaries
► Stakeholder interviews summary
►Multimodal survey and report
(SHARED TOOL)
►Social Media / Project Branding
Kit
Phase IV: Trail
Recommendations
Tool 6:

Community Needs Assessment

Tool 7:

Trail Recommendations
Tool 8:

Trail Implementation
►Community needs assessment
and prioritization matrix
►GIS mapping of community
needs
►“Cut Sheets” with call-outs
identifying potential improvements
for existing trails. One cut-sheet
per trail (16 total)
►Map of existing and proposed
future trails
►Project list matrix with planning
level cost estimate ranges and
prioritization criteria
►Technical memorandum
documenting the project
list, prioritization framework,
prioritization results, and potential
funding sources.

Phase VI: Report
Development
Tool 9:

Report Development and Presentations
►Appendix Document
►Powerpoint presentations
►Final Draft Report
►Final Report
Project Approach — Trails Master Plan
393
32 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Phase I: Project Management
Clear communication is critical in any endeavor. RJM will hold regular virtual meetings with the City monthly to review progress, present information, and recommend direction throughout the project. These virtual meetings enable strong team collaboration and unity in decision making as the project develops.

Additionally, a project team online resource FTP site will allow for easy file access and document review for all team members. This will ensure everyone has access to the latest reports, and graphic illustrations available eliminating the “wait” for consultants to gather and report back.

Phase II - Existing Conditions Analysis
Provide a summary of each document and how the document relates to trails planning in the City. Additionally, we will provide a summary of current practices for trail master plan development and provide a summary of trail planning resources.

Tool 1
Scalable Project Management
Tool 2
Existing Documentation Review
Scope of Services — Trails Master Plan
Source: www.MurrietaCA.gov
LEGEND
Murrieta City Trails
All trails are open to horse, bike and walking.

T rail Name
California Oaks Trail
Native soil, Street parking
Cole Canyon Trail
D.G.

Restrooms, Parking lot
Copper Canyon T rail
D.G.

Falcon’s View Trail
Native soil
Las Brisas Trail
Asphalt, Pars course
Lincoln Ranch Trail
D.G.

Los Alamos Hills Trail
D.E.

Water on trail • Restrooms
Parking lot • Street parking
Mapleton T rail
D.G.

Restrooms • Parking lot
Murrieta Oaks Trail
Native soil
Pond Park Trail
Concrete
Rail Ranch Trail
Asphalt
Parking lot
Rancho Acacias Trail
Asphalt
Pars course
Sycamor e Ranch T rail
D.G.

Toulon Trail
Native soil
Warm Springs Trail
Native soil
Parking lot
City Parks

394
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 33 Tool 3
Trails Inventory and Assessment
Phase II - Existing Conditions Analysis continued
Perform an existing conditions assessment that documents each City trail’s general characteristics such as: surface material, surface condition, general width (note that this will be provided generally as a range and will not be a detailed trail width assessment along the entire trail length), description of trailheads/access points, parking presence and parking conditions at trail access points, and identification of where trails cross a roadway with crossing design characteristics. Existing conditions data will be collected in the field and through aerial mapping review. There are approximately 23 miles of City trails shown on the City Parks and Trails Maps (including the 8.1 mile Rancho Los Alamos Trail System) and our scope includes ten (10) miles of field review (walking the trails). The data collection will start with aerial mapping review. The trail locations for the ten (10) miles of field review will be determined based on where the data is difficult to collect in the aerial review and through coordination with City staff.

A GIS layer of existing trails, access points, and parking facilities will be developed that includes trail characteristic metadata and photographs from the field review.

In addition, we will document the observed trail user characteristics. Our expectation is that most trail users are on on-foot/walking; however, we expect that some trails include bicycle use and equestrian use. We will work with the City to understand the extent that e-bikes/e-mountain bikes are being used on the trails and if the interaction is resulting in user concerns.

Cole Canyon Trail | Murrieta, CA
Source: www.alltrails.com
395
34 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Phase II - Existing Conditions Analysis continued
(SHARED TOOL WITH PARKS AND RECREATION MASTER PLAN UPDATE) Tool 4
Demographic Assessment
Phase III - Public Outreach and Engagement
Your most robust tool is the ability to reach
out to your community in a meaningful two-
way dialogue. Find out what, where, and how
your community recreates. Over the years
technology has changed and so has the trend
in which community residents communicate.

There is no one prescriptive method that is
a catch all for any community. Community
input no longer rests on a one-night workshop.

Website Development
RJM will develop a project website in the ESRI story map platform where the community can learn about the project, understand the extent of planning considerations, and provide feedback. This website will be a hub for community collaboration and meaningful two-way feedback. This continuous public dialogue will ensure maximum opportunity for all community members to become informed and involved in the development of the Trails Master Plan. As each of the following outreach efforts are completed, the results will be posted. This method enables continued community involvement for the life of the project. At any point during the project the community can provide direct comments via a “Feedback” button on the website. As feedback is recorded it will be reviewed and shared with the project team. To promote project branding and ease of community engagement, our team will purchase the domain “MurrietaTrailsMasterPlan” for the project website.

Tool 5
Community Engagement
Scan the QR code or go to https://arcg.is/1bbiCS0 to see a project website sample.

Sample of Community Engagement Outreach
Participant Totals (City of Carson)
Murrieta
Trails
Master Plan
Project
Website
Y our community
can view current
reporting on
the project
RJM Design Group
April 27, 2023
396
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 35 Stakeholder Interviews
Soliciting the attitudes and perceived needs of community stakeholders is an essential element for a successful Master Plan. Often involved in the front lines of community recreation support and programming, stakeholders have a unique understanding of community desires. One-on- one interviews will be conducted with selected key stakeholders such as members of the City Council, Commissioners, City Manager’s Office, County representatives, and/or community leaders. Estimate twelve (12) interviews to be conducted via online virtual meetings.

The online survey will stay live for (2) two weeks allowing all community members to take part at their own pace.

Phase III - Public Outreach and Engagement continued
397
36 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan We will also make paper copies of the survey available for distribution at City Hall and other locations as requested. Paper surveys will be collected, and data entered by City staff to be counted with online survey responses.

Statistically-Valid, Multimodal Community Survey
(SHARED TOOL WITH PARKS AND RECREATION MASTER PLAN UPDATE) Social Media / Project Branding Kit
To maximize community participation our team will develop content and promotional materials for the project including flyers, website and social media content, and handouts that will visually unify all project outreach efforts. Our team will develop large format project posters for display on site and throughout various community center facilities, social media graphics for easy posting, sponsored social media ads on Facebook and Instagram, project branded flyers and QR codes will tie directly into the project website. Digital media developed by RJM throughout the project will be sized and made available for posting by the City’s account administrators. Project updates, workshop notifications and invitations will be coordinated in advance of the actual meetings. This outreach will inform users of the project’s intent, timing, proposed meeting dates and project updates. Upon city request RJM will print materials and ship them to the City.

All printing and shipping will be billed against the reimbursable allowance.

Phase III - Public Outreach and Engagement continued
Phase IV - Needs Analysis and Recommendations
The strength of the Trails Master Plan will
largely rest on the successful outreach
efforts and thorough analysis of the
results. The assessment will not only
convey the results among residents as a
whole, it will also detail how the results
vary across important subgroups of
residents such as age, gender, location
within the City, presence of children in
the home, as well as length of residence
and other factors. Using the ESRI Tapestry
community dataset RJM can analyze
the micro demographics to determine
not just priority of recommendations
but the impact on the location of the
recommendations as well.

Each of the community engagement
strategies employed will be analyzed
and combined into a single engagement
needs matrix graphic. This graphic will
illustrate the community needs that have
the most significant impact as well as
other trending recreation desires among
the community.

Tool 6
Community Needs Assessment
Sample of Community Needs Prioritization Graphic
398
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 37 Develop proposed trail improvements. Two categories of improvements will be identified:

1. Improvements to existing trails

2. Future trail connections
Improvements to existing trails will be identified based on the data collected during the existing trails inventory and assessment and community input collected by RJM Design Group through surveys and other outreach events. The trail improvements will identify projects that enhance the experience using existing trails. The types of improvements that will be identified are enhancements to roadway trail crossings (such as marked crossings and traffic control devices), opportunities to provide greater access to a trail (such as installing a gate connecting to a planned community or closing a sidewalk gap leading to a trail) to encourage the nearby community to access the trail via walking or bicycling, and identifying opportunities to enhance trail parking.

Tool 7
Trail Recommendations
Tool 8
Trail Implementation
Create a matrix of trail improvement projects and planning level cost ranges using the existing trail improvements cut-sheets and the proposed future trails maps. A set of criteria will be developed through coordination with City Staff to prioritize the project list. The criteria could include criteria such as community support, equity, gap closure, safety enhancement, etc.

The project list will be prioritized and sorted into near-term, mid-term, and long-term projects.

Identify funding sources, focusing on near and mid-term improvements.

Phase IV - Needs Analysis and Recommendations
399
38 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Tool 9
Report Development and
Presentations
Master Plan Report Development
The draft report will summarize all information gathered in inventory tasks, analysis, funding opportunities, phasing, community priorities and other data as appropriate. Recommend levels of recreation and park facilities shall be presented graphically and demonstrate distribution of service and opportunity.

Tool 10 - Trail Standards (Optional)
Create trail standards that provide guidance on trail width, connections, street crossings.

Develop a set of guidelines for selecting the appropriate treatment where trails interface with roadways. This will include a decision-making flow chart and toolbox of treatments. Some sample guidelines images are shown below.

Phase VI - Report Development
400
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 39 Project Schedule — Trails Master Plan
Concurrent Schedule with Parks & Recreation Master Plan Update M1 M2 M3 M4 M5 M6 M7 M8 M9 M10 M11 M12
Phase I: Project Management (Tool 1)
Tool 1: Scalable Project
Management
Phase II: Existing Conditions Analysis (Tool 2 - 4)
Tool 2: Existing Documentation
Review
Tool 3: Trail Inventory and
Assessment
Tool 4: Demographic
Assessment
Phase III: Public Outreach and Engagement (Tool 5)
Project Website Development
Stakeholder Interviews
Workshop ONE
Workshop TWO
Workshop THREE
Statistically-Valid Multimodal
Community Survey
Phase IV: Needs Analysis and Recommendations (Tool 8- 9) Tool 6: Community Needs
Assessment
Tool 7: Trail Recommendations
Tool 8: Trail Implementation
Phase VI: Report Development (Tool 13)
Tool 9: Report Development
and Documentation
M Month
Kick Off Meeting (In-Person)
Project Review Meeting (Virtual)
Presentations (In-Person)
401
48 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Cost Estimate — Parks & Recreation Master Plan Update
It is the objective of our Team to provide the most comprehensive, yet efficient, approach to the development of the City of Murrieta Parks and Recreation Master Plan Update. This fee includes all costs to be incurred by RJM Design Group, Inc. Fees for the work are as follows:

Phase/Task Fee
PHASE I - Project Management
Tool 1 - Scalable Project Management $9,900.00
PHASE II - Existing Conditions Analysis
Tool 2 - Existing Documentation Review $5,725.00
Tool 3 - Inventory of Parks, Facilities and Programs $14,160.00 Tool 4 - Demographic Assessment $4,000.00
Tool 5 - Local Trends Analysis $5,200.00
Tool 6 - Custom Park Standards Calculation (CPSC’s) $9,550.00 PHASE III - Community Outreach and Engagement
Tool 7 - Community Engagement
Project Website Development & Updates $8,000.00
Stakeholder Interviews $10,675.00
Workshop #1 - Scoping Session $9,050.00
Workshop #2 - Program / Facility Needs $9,050.00
Workshop #3 - Prioritization $9,050.00
Statistically Valid Multimodal Survey $36,250.00
Social Media / Branding Kit $3,650.00
PHASE IV - Needs Summary and Recommendations
Tool 8 - Community Needs Assessment $5,825.00
Tool 9 - Recommendations and CIP $8,425.00
PHASE V - Management, O & M, and Financial Recommendations Tool 10 - General Plan & Policy Review $5,050.00
Tool 11 - Operations & Maintenance Plan $7,400.00
Tool 12 - Financial Plan Review & Recommendations $8,375.00 PHASE VI - Report Development
Tool 13 - Draft Master Plan Report Development $16,200.00 Final Master Plan Report $7,575.00
Public Meetings and Presentations $6,460.00
Reimbursable Allowance $10,000.00

Total Project Fee*: $209,570.00
*This fee summary represents our current understanding of the project scope and complexity.

The scope of work and associated fees are subject to refinement at Client’s request. We have developed the scope and fee for this project to be as inclusive as possible. We would be happy to meet with the City to review the fees and make any modifications necessary to better match the available budget. 402
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 49 Cost Estimate — Parks & Recreation Master Plan Update (continued)

CITY OF MURRIETA
Parks and Recreation Master Plan Update
Hourly Fee Spreadsheet
Hourly Rate
Hours Amount Hours Amount Hours Amount Hours Amount Hours Fees Tool 1 - Scalable Project Management 25 $5,250 0 $0 30 $4,650 0 $0 $9,900 PHASE I - SUBTOTALS 25 $5,250 0 $0 30 $4,650 0 $0 0 $0
PHASE I - TOTAL FEES $9,900
Tool 2 - Existing Documentation Review 10 $2,100 3 $525 20 $3,100 0 $0 $5,725 Tool 3 - Inventory of Parks, Facilities and Programs 6 $1,260 40 $7,000 20 $3,100 20 $2,800 $14,160 Tool 4 - Demographic Assessment 5 $1,050 0 $0 10 $1,550 10 $1,400 $4,000 Tool 5 - Local Trends Analysis 10 $2,100 0 $0 20 $3,100 0 $0 $5,200 Tool 6 - CPSC's 10 $2,100 0 $0 30 $4,650 20 $2,800 $9,550 PHASE II - SUBTOTALS 41 $8,610 43 $7,525 100 $15,500 50 $7,000 0 $0 PHASE II - TOTAL FEES $38,635
Tool 7 - Community Engagement:

Project Website Development & Updates 10 $2,100 0 $0 20 $3,100 20 $2,800 $8,000 Stakeholder Interviews 15 $3,150 0 $0 35 $5,425 15 $2,100 $10,675 Workshop #1 - Scoping Session 15 $3,150 0 $0 20 $3,100 20 $2,800 $9,050 Workshop #2 - Program/Facility Needs 15 $3,150 0 $0 20 $3,100 20 $2,800 $9,050 Workshop #3 - Prioritization 15 $3,150 0 $0 20 $3,100 20 $2,800 $9,050 Statistically Valid Multimodal Survey 15 $3,150 0 $0 20 $3,100 0 $0 109 $30,000 $36,250 Social Media / Branding Kit 0 $0 0 $0 10 $1,550 15 $2,100 $3,650 PHASE III - SUBTOTALS 85 $17,850 0 $0 145 $22,475 110 $15,400 109 $30,000 PHASE III - TOTAL FEES $85,725
Tool 8 - Community Needs Assessment 10 $2,100 0 $0 15 $2,325 10 $1,400 $5,825 Tool 9 - Recommendations and CIP 15 $3,150 0 $0 25 $3,875 10 $1,400 $8,425 PHASE IV - SUBTOTALS 25 $5,250 0 $0 40 $6,200 20 $2,800 0 $0 PHASE IV - TOTAL FEES $14,250
Tool 10 - General Plan and Policy Review 5 $1,050 14 $2,450 10 $1,550 0 $0 $5,050 Tool 11 - Operations and Maintenance Plan 5 $1,050 23 $4,025 15 $2,325 0 $0 $7,400 Tool 12 - Financial Plan Review & Recommendations 5 $1,050 33 $5,775 10 $1,550 0 $0 $8,375 PHASE V - SUBTOTALS 15 $3,150 70 $12,250 35 $5,425 0 $0 0 $0 PHASE V - TOTAL FEES $20,825
Tool 13 - Report Development and Presentations:

PHASE III - PUBLIC OUTREACH AND ENGAGEMENT
Task Description

PHASE II - EXISTING CONDITIONS ANALYSIS
Project Manager
$9,900
$210 $175 $155

PHASE I - PROJECT MANAGEMENT

PHASE IV - NEEDS SUMMARY AND RECOMMENDATIONS

PHASE V - MANAGEMENT, O & M, AND FINANCIAL RECOMMENDATIONS The above hourly fee breakdown consists of ESTIMATES ONLY. Billings will be based on actual percentage completion of each phase per contracted fixed fee. $38,635
$55,725

FEE GRAND TOTAL
$169,570
$209,570
$20,825
$30,235
$14,250
$0
$30,000

PHASE VI - REPORT DEVELOPMENT

SUBCONSULTANT

PHASE FEE
TOTALS

LEAD CONSULTANT
RJM Design Group, Inc.

Principal Senior Associate
$140
Job Captain
True North Research
Statistically Valid
Survey
$275
403
50 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan Cost Estimate — Trails Master Plan
It is the objective of our Team to provide the most comprehensive, yet efficient, approach to the development of the City of Murrieta Trails Master Plan. This fee includes all costs to be incurred by RJM Design Group, Inc. Fees for the work are as follows:

Phase/Task Fee
PHASE I - Project Management
Tool 1 - Scalable Project Management $13,600.00
PHASE II - Existing Conditions Analysis
Tool 2 - Existing Documentation Review $7,800.00
Tool 3 - Trail Inventory and Assessment $67,550.00
Tool 4 - Demographic Assessment SHARED TOOL PHASE III - Community Outreach and Engagement
Tool 5 - Community Engagement
Project Website Development & Updates $8,000.00
Stakeholder Interviews SHARED TOOL Workshop #1 - Existing Trails $8,210.00
Workshop #2 - Trail Needs $8,210.00
Workshop #3 - Prioritization $8,210.00
Statistically Valid Multimodal Survey SHARED TOOL Social Media / Branding Kit $3,650.00
PHASE IV - Needs Summary and Recommendations
Tool 6 - Community Needs Assessment $2,945.00
Tool 7 - Trail Recommendations $48,975.00
Tool 8 - Trail Implementation $50,755.00
PHASE V - Report Development
Tool 9 - Draft Master Plan Report Development $18,800.00 Final Master Plan Report $5,050.00
Public Meetings and Presentations $7,640.00
Reimbursable Allowance $10,000.00

Total Project Fee*: $269,395.00
*This fee summary represents our current understanding of the project scope and complexity.

OPTIONAL - BICYCLE FACILITY AND ROADWAY CROSSING DESIGN STANDARDS ($30,000.00) 404
City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan | 51 Cost Estimate — Trails Master Plan (continued)

CITY OF MURRIETA
Trails Master Plan
Hourly Fee Spreadsheet
Hourly Rate
Hours Amount Hours Amount Hours Amount Hours Amount Hours Fees Hours Fees Tool 1 - Scalable Project Management 68 $13,600 $13,600 PHASE I - SUBTOTALS 0 $0 0 $0 0 $0 0 $0 0 $0 68 $13,600 PHASE I - TOTAL FEES $13,600
Tool 2 - Existing Documentation Review 39 $7,800 $7,800 Tool 3 - Trail Inventory and Assessment 10 $2,100 0 $0 20 $3,100 0 $0 312 $62,350 $67,550 Tool 4 - Demographic Assessment $0
PHASE II - SUBTOTALS 10 $2,100 0 $0 20 $3,100 0 $0 0 $0 39 $70,150 PHASE II - TOTAL FEES $75,350
Tool 5 - Community Engagement:

Project Website Development & Updates 10 $2,100 0 $0 20 $3,100 20 $2,800 $8,000 Stakeholder Interviews $0
Workshop #1 - Existing Trails 11 $2,310 0 $0 20 $3,100 20 $2,800 $8,210 Workshop #2 - Trail Needs 11 $2,310 0 $0 20 $3,100 20 $2,800 $8,210 Workshop #3 - Prioritization 11 $2,310 0 $0 20 $3,100 20 $2,800 $8,210 Statistically Valid Multimodal Survey $0
Social Media / Branding Kit 0 $0 0 $0 10 $1,550 15 $2,100 $3,650 PHASE III - SUBTOTALS 43 $9,030 0 $0 90 $13,950 95 $13,300 0 $0 0 $0 PHASE III - TOTAL FEES $36,280
Tool 6 - Community Needs Assessment 5 $1,050 0 $0 5 $775 8 $1,120 $2,945 Tool 7 - Trail Recommendations 8 $1,680 0 $0 5 $775 8 $1,120 227 $45,400 $48,975 Tool 8 - Trail Implementatiion 8 $1,680 0 $0 5 $775 5 $700 238 $47,600 $50,755 PHASE IV - SUBTOTALS 21 $4,410 0 $0 15 $2,325 21 $2,940 0 $0 465 $93,000 PHASE IV - TOTAL FEES $102,675
Tool 9 - Report Development and Presentations:

PHASE II - EXISTING CONDITIONS ANALYSIS

PHASE III - PUBLIC OUTREACH AND ENGAGEMENT
Project Manager
$0
$210 $175 $155
Included in the Parks and Recreation Master Plan - Shared Tool Included in the Parks and Recreation Master Plan - Shared Tool Included in the Parks and Recreation Master Plan - Shared Tool

PHASE I - PROJECT MANAGEMENT
$200
$13,600
$0
$0
Included in the Parks and Recreation Master Plan - Shared Tool Shared Tool Included in the Parks and Recreation Master Plan - Shared Tool $0
$0

PHASE IV - NEEDS SUMMARY AND RECOMMENDATIONS
The above hourly fee breakdown consists of ESTIMATES ONLY. Billings will be based on actual percentage completion of each phase per contracted fixed fee. $5,200
$36,280

FEE GRAND TOTAL
$71,445
$269,395
$20,290
$9,675
$0
$0

PHASE V - REPORT DEVELOPMENT

PHASE FEE
TOTALS

LEAD CONSULTANT
RJM Design Group, Inc.

Principal Senior Associate
$140
Job Captain
Probolsky Research
Statistically Valid
Survey
$275
Fehr and Peers
Transportation
Planning
$70,150
$0
$93,000
$11,200
$187,950
405
52 | City of Murrieta • Parks & Recreation Master Plan Update and Trails Master Plan

CONSULTANTS’ HOURLY RATES
Compensation for additional services will be billed hourly at our standard rates* below:

RJM Design Group
Principal Landscape Architect $210.00 per hour
Senior Associate $175.00 per hour
Landscape Architect / Project Manager $155.00 per hour GIS / Landscape Designer $140.00 per hour
Clerical $ 95.00 per hour
True North Research
Principal $275.00 per hour
Associate $225.00 per hour
Cost Estimate — General Provisions
Fehr and Peers
Principal $375.00 per hour
Senior Associate $300.00 per hour
Associate $275.00 per hour
Senior Engineer/Planner $230.00 per hour
Engineer/Planner $175.00 per hour
Senior Engineering Technician $215.00 per hour
Senior Project Accountant $190.00 per hour
Senior Project Coordinator $180.00 per hour
Project Coordinator $170.00 per hour
Technician $170.00 per hour
Intern $140.00 per hour
406

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 10.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bernard Molloy II, Fire Chief
SUBJECT: Agreement between the City of Murrieta on behalf of Murrieta Fire & Rescue and Murrieta Valley Unified School District for the Use of Facilities During Emergencies

RECOMMENDATION
Approve an agreement between the City of Murrieta on behalf of Murrieta Fire & Rescue and Murrieta Valley Unified School District for use of facilities during emergencies; and Authorize the City Manager or her designee to execute the agreement.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Provide a high level of innovative public safety.

BACKGROUND
During a disaster, the City of Murrieta (City) has a responsibility to facilitate medical care for those injured or displaced by a disaster and provide mass care to the population if needed. In the past, this has been done in partnership with the Murrieta Valley Unified School District, but without the benefit of a formal agreement.

Health and Safety Code sections 34070-34082 and Education Code Section 32282(a)(2)(B)(ii), which provide School Districts with disaster procedures, require schools to “establisha procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare.” Murrieta Fire & Rescue (MFR) recently developed a formal agreement (Attachment 1) on behalf of the City with Murrieta Valley Unified School District (District) that outlines the specific responsibilities and roles of involved parties during a disaster and identifies which facilities will be used to house evacuated populations.

MFR conducts annual inspections of all Schools in the city, which will ensure the evacuation sites meet minimum standards to house individuals during an evacuation.

Additionally, this agreement will ensure the District has access to City parks for use during an evacuation of any one of the schools. Currently, there is no agreement in place to allow District schools to evacuate into CITY OF MURRIETA Printed on 1/22/2024Page 1 of 2
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8/15/2023
Agenda Item No. 10.
adjacent City parks if there is an on-campus emergency.

The agreement between the City and the District creates a structured plan to be put in place that outlines the specifics of who does what during a disaster or on-campus emergency. Having this agreement in place allows both the City and the District to more effectively house populations that are forced to evacuate during a disaster, as well as move children to a safe location if there is an on-campus emergency. Moving forward with this agreement is in the best interest of public safety for the citizens and students of the City and will allow both the City and the District to work more effectively together to achieve this goal.

FISCAL IMPACT
Accepting this plan has no current fiscal impact. No fees will be charged by either party in the event school properties or parks were used as evacuation sites unless it was for specific services provided. In a disaster situation, the City would be involved in seeking available reimbursements from other agencies to help offset any incurred expenses.

ATTACHMENTS
1) Agreement between the City of Murrieta on behalf of Murrieta Fire & Rescue and Murrieta Valley Unified School District for Use of Facilities during Emergencies CITY OF MURRIETA Printed on 1/22/2024Page 2 of 2
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01375.0025/864983.1

AGREEMENT BETWEEN

THE CITY OF MURRIETA on behalf of MURRIETA

FIRE & RESCUE AND

MURRIETA VALLEY UNIFIED SCHOOL DISTRICT FOR

USE OF FACILITIES DURING EMERGENCIES

This Agreement (“Agreement”) is made and entered into this 15 th day of August 2023, by and between the City of Murrieta (“CITY”), on behalf of Murrieta Fire & Rescue (“MFR”), and the Murrieta Valley Unified School District (“SCHOOL DISTRICT”) in Murrieta City, California, referred to herein individually as “Party,” or collectively as the “Parties.”

1. RECITALS.

WHEREAS, CITY has the responsibility to facilitate medical care for those injured or displaced by a disaster and provide mass care to the population if needed.

WHEREAS, CITY desires to establish mass care sites at SCHOOL DISTRICT’s schools to provide medical care to persons injured and/or displaced by a disaster or in need of alternative care; and
WHEREAS, SCHOOL DISTRICT is required by law to include in its school safety plans disaster procedures that allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare, and SCHOOL DISTRICT desires to collaborate with the CITY by permitting the usage of certain facilities located on particular school campuses as described on Exhibit A hereto, hereinafter referred to as “FACILITY,” which SCHOOL DISTRICT has identified as being most appropriate for the uses described herein.

WHEREAS, SCHOOL DISTRICT desires to utilize CITY PARKS to establish evacuation sites for schools and facilities.

NOW THEREFORE, the Parties hereby affirm the facts set forth in the recitals above and agree as follows:

1. UNDERSTANDING OF THE PARTIES

1.1. PERSONNEL. Each party is responsible for all costs of its personnel, including pay and benefits, support, and travel unless otherwise described herein. Each Party is responsible for the supervision and management of its personnel.

1.2. COMPENSATION. The Parties acknowledge and agree no party shall be monetarily compensated under this Agreement unless reimbursement is available due to an emergency declaration or proclamation or it is a specific reimbursement stipulated in Section 13.B. If reimbursement is available, claims will be submitted through applicable procedures and subject to the applicable rules and regulations.

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2. DEFINITIONS

A. “ARC” refers to the American Red Cross.

B. “CITY” Refers to the City of Murrieta, including its individual departments.

C. “COUNTY” refers to the County of Riverside , including its Department of Public Social Services and its Emergency Management Department.

D. “EOC” refers to the CITY’s Emergency Operations Center, comprised of several departments that share in emergency preparedness, response, and recovery efforts.

E. “EVACUATION” refers to the process of removing persons from a place to an alternate location.

F. “FACILITY” and/or “FACIL ITIES” refers to the SCHOOL DISTRICT’s building or buildings listed on Exhibit A that have been designated by the SCHOOL DISTRICT to be used on a temporary basis to provide MASS CARE AND SHELTER SERVICES or train for MASS CARE AND SHELTER SERVICES.

G. “MASS CARE AND SHELTER SERVICES” refers to the provision under CITY’s direction and authority of reception, food, shelter, and support services to humans in the event a disaster causes an evacuation and the need for said services to be provided to displaced residents of Riverside County at a FACILITY.

H. “MFR” refers to Murrieta Fire & Rescue, a department of the CITY.

I. “PARK” and/or “PARKS” refers to CITY-owned parks and the lavatory facilities associated with each location.

J. “SCHOOL DISTRICT” refers to the Murrieta Valley Unified School District , including its employees, agents, representatives, subcontractors, and suppliers.

K. “SHELTER MANAGER” refers to a designated official overseeing and managing the MASS CARE AND SHELTER SERVICES at a FACILITY.

3. DESCRIPTION OF SERVICES

This Agreement shall, upon CITY’s request when a disaster declaration has been put in place by a local government authority, and if feasible (as determined by the SCHOOL DISTRICT), permit the CITY to use one or more FACILITIES temporarily to provide MASS CARE AND SHELTER SERVICES. CITY and SCHOOL DISTRICT shall also agree on dates and times to permit CITY to use FACILITIES to train for MASS CARE AND SHELTER SERVICES when no disaster declaration is pending. The provisions of this Agreement related to CITY use of the FACILITIES shall only apply when the C ITY uses the FACILITIES to train for MASS CARE AND SHELTER SERVICES or when a C ITY official or individual designated by the CITY is the SHELTER MANAGER and is overseeing and managing the MASS CARE AND SHELTER SERVICES at the FACILITIES during an emergency . If the American Red Cross or the COUNTY oversees and 410

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manages the MASS CARE AND SHELTER SERVICES at the FACILITIES, this Agreement shall not apply and instead, SCHOOL DISTRICT’s agreement with ARC or COUNTY shall apply. CITY shall not be liable for any acts or omissions of ARC or the COUNTY.

This Agreement is made in accordance with the laws of the State of California , including Health and Safety Code sections 34070 -34082 and Education Code Section 32282(a)(2)(B)(ii), which provides the SCHOOL DISTRICT’s disaster procedures shall include “[e]stablishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The SCHOOL DISTRICT or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.”

Additionally, this agreement shall ensure the SCHOOL DISTRICT has access to CITY PARKS for use during an EVACUATION of any one of the schools. The SCHOOL DISTRICT understands that the PARKS may also be utilized by the CITY or COUNTY during an emergency , and an alternate evacuation location by the SCHOOL DISTRICT may have to be assumed.

The Parties acknowledge and agree this Agreement in no way restricts the Parti es from participating in any activity with other public, nonprofit or private agencies, organizations or individuals. By signing this Agreement, each Party is evidencing its intent to comply with the provisions contained in this Agreement. The actions deta iled in this Agreement are to be incorporated into each Party’s Emergency Operations Plans (EOP).

The Parties acknowledge and agree that in partial consideration for providing the FACILITIES to the CITY in times of emergency, MFR will continue to conduct mandated yearly fire inspections for the SCHOOL DISTRICT at no charge.

4. PERIOD OF PERFORMANCE

This Agreement shall be effective upon signature of this Agreement by both parties and continues in effect through June 06, 2028.

5. CONFIDENTIALITY

A. The CITY and SCHOOL DISTRICT shall protect from unauthorized disclosure the names and other identifying information concerning persons receiving MASS CARE AND SHELTER SERVICES pursuant to this Agreement. The SCHOOL DISTRICT shall not use such information for a ny purpose other than carrying out the SCHOOL DISTRICT’s obligations under this Agreement. Both Parties also agree to protect from unauthorized disclosure the names and other identifying student information it may discover or possess during periods of MASS CARE AND SHELTER SERVICES or a school EVACUATION.

B. Both parties shall promptly transmit to the other all third -party requests to disclose such identifying information. Neither Party shall disclose, except as otherwise specifically permitted by this Agreement, required by law, or authorized in advance, any such information to anyone other than CITY the other Party. For purposes of this paragraph, identifying information shall include, but not be limited to, name, identifying number, symbol, or other identifying particulars of the individual, such as fingerprints, a voiceprint, or a photograph. 411

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6. HOLD HARMLESS

Both parties to this Agreement agree to hold each other harmless against a ny and all claims for injury to a person or damage to property arising from the use of the FACILITIES or PARKS as stated herein, except where such injury or damage is proximately caused by the negligent or willful acts of the other, its servants, agents, or employees.

7. INSURANCE

A. CITY and SCHOOL DISTRICT are each responsible for their own insurance and will maintain appropriate coverage and will add each other as additional insured for their respective activities under this Agreement with minimum coverage as follows:

• Workers' Compensation: Statutory Workers' Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than one million dollars ($1,000,000) per person per accident.

• Commercial General Liability: Policy’s limit of liability shall not be less than one million dollars ($1,000,000) per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. CITY is self -insured and will provide a letter regarding additional insured status for SCHOOL DISTRICT. SCHOOL DISTRICT shall provide endorsement to name CITY as additional insured.

• Vehicle Liability: If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then the parties shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than one million dollars ($1,000,000) per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

8. DISASTER FINANCIAL ASSISTANCE

Because this Agreement is being entered into for the provision of food, shelter, and support services in the event a disaster causes an evacuation and the need for said services to be provided to displaced residents of Riverside County, CITY may seek County, State, and/or federal financial assistance for this Agreement. Therefore, the parties shall comply with the terms and conditions set forth in Federal Contract Provisions and Orders of Local, St ate, or Federal Health Officials.

9. MODIFICATION OF TERMS

This Agreement may be modified only by a written amendment signed by the authorized representatives of both parties.

10. ENTIRE AGREEMENT

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This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. All prior or contemporaneous agreements of any kind or nature relating to the same subject matter shall be of no force or effect.

11. SCOPE OF SERVICES

A. OPERATIONAL MANAGEMENT

1. The CITY and SCHOOL DISTRICT shall identify liaisons to facilitate use of FACILITY or PARK requests. The liaisons will make themselves available 24 hours a day during activation and reply to all communications within a reasonable period of time.

2. For any given emergency or disaster that occurs during the Term, The CITY and SCHOOL DISTRICT shall mutually agree on which FACILITY (of those listed in Exhibit A) or PARK will be used, upon request by C ITY or SCHOOL DISTRICT, for the MASS CARE AND SHELTER SERVICES or EVACUATION. The most suitable FACILITIES, such as high schools with showers, will be considered first. In addition, the most suitable PARKS with lavatories shall be considered first. However, nothing in this Secti on shall obligate SCHOOL DISTRICT to make any particular FACILITY from Exhibit A available for use during a specific emergency. Upon identification of a FACILITY to be occupied, CITY shall accept the FACILITY “AS -IS,” “WHERE -IS” and “WITH ALL -FAULTS” subj ect to applicable laws governing and regulating the use of the FACILITY.

3. The CITY and SCHOOL DISTRICT shall each have the sole discretion to determine which FACILITY or PARK will be used, upon request by C ITY to use a FACILITY or SCHOOL DISTRICT to use a PARK, to train for the MASS CARE AND SHELTER SERVICES or EVACUATIONS.

4. Subject to agreement of the SCHOOL DISTRICT pursuant to Section 11.B and with reasonable controls thereon, u pon activation of a FACILITY for MASS CARE AND SHELTER SERVICES, SCHOOL D ISTRICT shall provide C ITY with continuous and unimpeded access to the FACILITIES (including restrooms) for 24 hours a day while CITY is operating and managing the MASS CARE AND SHELTER SERVICES at the FACILITIES.

5. Upon activation of a PARK for EVACUATI ON, CITY shall provide SCHOOL DISTRICT with continuous and unimpeded access to the PARK (including restrooms) while the SCHOOL DISTRICT utilizes it for an EVACUATION site.

6. The CITY shall open the FACILITIES and operate and manage the MASS CARE AND SHELTER SERVICES at the FACILITIES for the duration of the emergency operations or until ARC or the COUNTY takes over the operations and management of the MASS CARE AND SHELTER SERVICES at the FACILITIES. C ITY may transfer the shelter manager role to ARC or COUNTY if/when ARC or COUNTY has the capacity to manage the MASS CARE AND SHELTER SERVICES at the FACILITIES. Once ARC or COUNTY takes over as shelter manager, all legal and financial liability shall shift to ARC or COUNTY, and ARC or COUNTY shall be liable pursuant to the SCHOOL DISTRICT’s agreement with ARC or COUNTY. This Agreement will no longer be applicable to those MASS CARE AND SHELTER SERVICES at the FACILITIES. The C ITY will notify the SCHOOL DISTRICT 413

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when the responsibility of the shelter manager is transferred. CITY shall not be liable for any acts or omissions of COUNTY or ARC.

7. The CITY may use either C ITY personnel or other volunteers to staff and support the MASS CARE AND SHELTER SERVICES at the FACILITIES. CITY personnel or other volunteers assigned to staff and support the MASS CARE AND SHELTER SERVICES at the FACILITIES shall be trained to provide MASS CARE AND SHELTER SERVICES by either the CITY, COUNTY, or ARC. SCHOOL DISTRICT shall have no supervisory responsibility or duty to vet or confirm the qualifications of the personnel supplied by CITY for the provision of MASS CARE AND SHELTER SERVICES by CITY , including CITY personnel who are assigned to interact or care for children who otherwise would attend schools in the SCHOOL DISTRICT. CITY shall supervise all CITY personnel and volunteers to ensure that there is no interaction between such personnel and students attending school at a FACILITY during any emergency.

8. The CITY may provide security services if needed, which shall include reasonable controls on the flow of persons entering and leaving a FACILITY , but has no duty to do so . CITY shall coordinate with law enforcement regarding safety and security issues at the FACILITY.

9. For any given emergency or disaster that occurs during the Term, the SCHOOL DISTRICT shall identify eligible FACILITIES to be used and provide the 24-hour contact information for the appropriate liaison upon execution of this Agreement.

10. The CITY shall identify eligible PARKS to be used and provide the SCHOOL DISTRICT with contact information for the appropriate liaison upon execution of this Agreement.

11. If practical, the SCHOOL DISTRICT shall suspend its regular use of the FACILITY being used for MASS CARE AND SHELTER SERVICES during any period of emergency. If any of the areas within the FACILITY are unavailable due to construction or similar activities, the SCHOOL DISTRICT will make replacement space available to the CITY.

12. The CITY shall suspend its regular use of the PARK being used for EVACUATION. If any of the areas within the PARK are unavailable due to construction or similar activities, the CITY will assist in finding an alternate City of Murrieta PARK. If an alternate PARK is unavailable, the SCHOOL DISTRICT will be re sponsible for finding an alternate EVACUATION site.

13. The SCHOOL DISTRICT shall provide a facility coordinator to provide equipment or services for the FACILITY used for MASS CARE AND SHELTER SERVICES that include, but are not limited to, the following if available:
a. Protective floor coverings, if required
b. Tables
c. Chairs
d. Heating/cooling thermostat access and use instruction e. Lighting control access and use instruction
f. Access to restrooms
g. Parking lot lighting
h. Generator, if available, with instructions for use
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14. If available, the SCHOOL DISTRICT shall provide custodial resources, including but not limited to supplies and workers, to provide cleaning and sanitation services at the FACILITY being used for MASS CARE AND SHELTER SERVICES.

15. The CITY’s Director of Community Services shall provide a park employee to provide access to the PARK and lavatories when the PARK is being utilized as an EVACUATION site.

16. The CITY shall provide custodial resources for the PARK lavatories in the form of cleaning and sanitation services and supplies when the PARK is being utilized as an EVACUATION site.

17. Upon request by the CITY, and only if such resources are available, which determination shall be made in the SCHOOL DISTRICT’s sole discretion, the SCHOOL DISTRICT will make the food service resources of the FACILITY being used for MASS CARE AND SHELTER SERVICES, including food, supplies, equipment and food service workers, available to feed the individuals receiving MASS CARE AND SHELTER SERVICES. The facility coordinator will designate a Food Service Manager to coordinate the provision of meals at the direction of and in cooperation with the SHELTER MANAGER.

a. The Food Service Manager will establish a feeding schedule, determin e food service inventory and needs, and supervise meal planning and preparation. b. The Food Service Manager and SHELTER MANAGER will jointly conduct a preoccupancy inventory of the food and food service supplies in the FACILITY before the FACILITY is used for food service as part of MASS CARE AND SHELTER SERVICES.
c. When the CITY closes the FACILITY or turns over the shelter manager role to ARC or COUNTY, and food was served as part of MASS CARE AND SHELTER SERVICES, the SHELTER MANAGER and facility coordinator or Food Service Manager will conduct a post-occupancy inventory of the food and supplies used during the CITY’s time as SHELTER MANAGER at the FACILITY being used for MASS CARE AND SHELTER SERVICES.

18. Questions regarding shelter operation management shall be directed to the SHELTER MANAGER.

19. While the CITY is operating and managing MASS CARE AND SHELTER SERVICES at the FACILITIES, the facility coordinator shall report any damage incurred to the FACILITIES to the SHELTER MANAGER within 24 hours.

20. While the SCHOOL DISTRICT is operating an EVACUATION site at the PARK, the park coordinator shall report any damage incurred at the PARK to the SCHOOL DISTRICT within 24 hours.

B. OPENING A FACILITY

1. The CITY shall notify the SCHOOL DISTRICT of the following:
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a. Date and time when the MASS CARE AND SHELTER SERVICES at the FACILITIES will begin.
b. SHELTER MANAGER’s contact information for general shelter operations. c. EOC Care & Shelter Branch Director contact information for instances in which preapproval is required for expenditures to be claimed in accordance with th e Reimbursement section of this Agreement.

2. Prior to the FACILITY being used for MASS CARE AND SHELTER SERVICES, the CITY and the SCHOOL DISTRICT shall jointly conduct a pre -occupancy inspection of the FACILITY proposed for MASS CARE AND SHELTER SERVICES. CITY and SCHOOL DISTRICT shall make a determination during the pre-occupancy inspection regarding all SCHOOL DISTRICT personnel whose support is requested and for which CITY will provide reimbursement and the SCHOOL DISTRICT supplies and equipment for which reimbursement is approved. All terms and conditions for the use of a FACILITY shall be made prior to the opening of a FACILITY, notwithstanding any terms and conditions to the contrary in this Agreement.

3. Both parties shall document any existing damage or conditions.

4. The SCHOOL DISTRICT shall identify and secure all equipment the CITY should not use while providing MASS CARE AND SHELTER SERVICES at the FACILITY.

5. The SCHOOL DISTRICT shall advise and post any restrictions related to parking or areas that are off-limits.

C. CLOSING A FACILITY

1. If the CITY has not turned over the shelter manager role to ARC or COUNTY, the CITY shall notify the SCHOOL DISTRICT of the date and time when the MASS CARE AND SHELTER SERVICES at the FACILITY are no longer required and will vacate the FACILITY on that date.

2. Before the CITY vacates the FACILITY or turns over the shelter manager role to ARC or COUNTY, the CITY, and the SCHOOL DISTRICT shall jointly conduct a post-occupancy inspection to record any damage or conditions. If SCHOOL DISTRICT served food , the CITY, and the SCHOOL DISTRICT shall also conduct a post-occupancy inventory of the food and supplies used during the time MASS CARE AND SHELTER SERVICES were provided at the FACILITY.

3. Should the SCHOOL DISTRICT request that the MASS CARE AND SHELTER SERVICES be relocated before the C ITY vacates a FACILITY, upon mutual agreement, the CITY will relocate the MASS CARE AND SHELTER SERVICES within 48 hours of either the CITY or SCHOOL DISTRICT finding a suitable alternative FACILITY.

D. SIGNAGE AND PUBLICITY

1. The C ITY may post signs identifying the FACILITY as a site of MASS CARE AND SHELTER SERVICES.

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2. The CITY may use the SCHOOL DISTRICT’s name and address to promote the FACILITY as a site of MASS CARE AND SHELTER SERVICES.

3. The SCHOOL DISTRICT shall not issue press releases or other publicity concerning the MASS CARE AND SHELTER SERVI CES at the FACILITY without the express written consent of the CITY.

4. The SCHOOL DISTRICT shall refer all media questions about the MASS CARE AND SHELTER SERVICES at the FACILITY to the SHELTER MANAGER.

E. OPENING A PARK

1. The SCHOOL DISTRICT shall notify the CITY of the following:

a. Date and time when the EVACUATION at the PARK will begin. b. Evacuation coordinator’s contact information.

2. Prior to the PARK being used as an EVACUATION site, the CITY and SCHOOL DISTRICT shall jointly conduct an i nspection of the PARK being used for an EVACUATION site. In an immediate emergency, this step may be forgone to ensure the public's safety.

3. Both parties shall document any existing damage or conditions if able to do so.

4. The CITY shall identify a nd secure all equipment or identify areas that the SCHOOL DISTRICT should not use while utilizing the PARK as an EVACUATION site.

F. CLOSING A PARK

1. The SCHOOL DISTRICT shall advise the CITY when the use of the PARK as an EVACUATION site is no longer needed. The SCHOOL DISTRICT shall vacate the PARK at such time.

2. Before the SCHOOL DISTRICT vacates the PARK and turns it back over to the CITY, the SCHOOL DISTRICT and the CITY s hall jointly conduct a post-inspection to record any damages or conditions.

3. Should the CITY request that the EVACUATION site be relocated , the SCHOOL DISTRICT will be provided a timeframe to make arrangements to move to an alternate site.

13. FISCAL

A. FEES

No fees shall be charged to the CITY for using the FACILITIES for MASS CARE AND SHELTER SERVICES, including when using the FACILITIES to train for MASS CARE AND SHELTER SERVICES. No fees shall be charged to the SCHOOL DISTRICT for using PARKS for EVACUATION locations, including when training drills are performed. 417

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B. REIMBURSEMENT

1. The SCHOOL DISTRICT shall receive reimbursement for the following:

a. Reasonable, actual, and out-of-pocket costs associated with custodial services, food services, equipment, supplies, and utilities (water, gas, electricity, waste disposal, internet service) to the extent that the SCHOOL DISTRICT would not have incurred such costs but for the CITY’s use of the FACILITIES for MASS CARE AND SHELTER SERVICES.

i. Any request for reimbursement of staff time must be accompanied by a list of the personnel with dates and hours worked, timesheets and payroll registers, queries, and/or other proof of payment documentation.
ii. Eligible supplies will be reimbursed by the CITY at cash value and must be accompanied by original invoices and proof of payment.

b. Loss, damage, or destruction of FACILITIES used for MASS CARE AND SHELTER SERVICES under this Agreement while the CITY is operating and managing the MASS CARE AND SHELTER SERVICES; however, no reimbursement will be made for loss, damage, or destruction when due to (1) ordinary wear and tear ; (2) the fault or negligence of the SCHOOL DISTRICT or SCHOOL DISTRICT’s agent(s ); or (3) circumstances beyond the control of the CITY. The CITY shall restore the FACILITIES to the condition they were in immediately before the period in which the CITY used them for MASS CARE AND SHELTER SERVICES except for (1) ordinary wear and tear, (2) loss, damage, or destruction due to the fault or negligence of the SCHOOL DISTRICT or SCHOOL DISTRICT’s agent(s), and (3) loss, damage, or destruction due to circumstances beyond the control of the CITY; restoration shall be performed to the extent reas onably practical. If the FACILITIES are not restored to the SCHOOL DISTRICT’s satisfaction, claims for reasonable costs incurred by the SCHOOL DISTRICT to restore the FACILITIES to their prior condition and all other claims shall be submitted in accordance with the Notices section of this Agreement.

Reimbursement of FACILITIES damage will be based on repair or replacement at actual cash value. The C ITY is not responsible for damages caused by the disaster; however, the C ITY will support the SCHOOL DISTRICT to apply for reimbursement from State or Federal programs, if available.

2. Any deployment of personnel, equipment, and other resources, in addition to what is agreed to during the pre -occupation inspection by the C ITY and SCHOOL DISTRICT, which may result in reimbursement by the CITY, shall first be approved by the CITY’s EOC Care & Shelter Branch Director in order for the expenditure to be claimed.

3. The SCHOOL DISTRICT shall submit invoices to the CITY within thirty (30) business days after the CITY operation and management of the MASS CARE AND SHELTER SERVICES at the FACILITIES’ end. Any request for reimbursement must be accompanied by the C ITY EOC Care & Shelter Branch Director pre -approval and other supporting documentation.

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4. If the disaster is a State or Federally declared disaster, the SCHOOL DISTRICT shall work with the C ITY and the appropriate emergency management agencies to seek reimbursement of eligible costs and expenses from the State and Federal agencies’ programs, as applicable and available.

14. NOTICE.

Any notices required pursuant to this Agreement shall be sent to:

For CITY: Kim Summers, City Manager
Address: City of Murrieta
One Town Square
Murrieta, CA 92562
Phone: (951) 304-2489 x. 6002
Email: [email protected]

For S. DISTRICT: Darren Daniel
Address: Murrieta Valley Unified School District
41870 McAlby Court
Murrieta, CA 92562
Phone: (951) 696-1600
Email: [email protected]

15. SEVERABILITY

16. DISPUTES

17. REMEDIES

The rights and remedies provided in this Agreement are not intended to be exclusive and are in addition to any other rights and remedies permitted by law.

18. ENTIRE AGREEMENT/AMENDMENT

This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated and may be amended only by a written amendment executed by both parties to the Agreement.

19. GOVERNING LAW/VENUE

The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County. 419

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20. BINDING AGREEMENT

This Agreement is intended to be binding on the parties and their respective successors and assigns.

21. NUMBER

The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.

22. WARRANTY OF AUTHORITY

Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

23. COUNTERPARTS

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

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY: CITY OF MURRIETA SCHOOL DISTRICT: MURRIETA VALLEY

UNIFIED SCHOOL DISTRICT

By: _____________________________ By: _____________________________ Kim Summers, City Manager Dr. Ward Andrus, Superintendent

Attest: Attest:

_____________________________ _______________________________ Cristal McDonald, MMC, City Clerk _________________, Clerk of the Board

Approved as to Form:

_____________________________
Tiffany Israel, City Attorney

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EXHIBIT A

LIST OF FACILITIES

Alta Murrieta Elementary School Dorothy McElhinney Middle School 39475 Whitewood Road 35125 Briggs Rd.

Murrieta, CA 92563 Murrieta, CA 92563

Antelope Hills Elementary School Shivela Middle School 36105 Murrieta Oaks Ave 24515 Lincoln Ave.

Murrieta, CA 92563 Murrieta, CA 92562

Avaxat Elementary School Thompson Middle School
24300 Las Brisas Rd. 24040 Hayes Ave
Murrieta, CA 92563 Murrieta, CA 92562

Buchanan Elementary School Warm Springs Middle School 40121 Torrey Pines Rd. 39245 Calle de Fortuna
Murrieta, CA 92563 Murrieta, CA 92562

Cole Canyon Elementary School Murrieta Mesa High School 23750 Via Alisol 24801 Monroe
Murrieta, CA 92562 Murrieta, CA 92562

E Hale Curran Elementary School Murrieta Valley High School 40855 Chaco Canyon Rd. 42200 Nighthawk Way
Murrieta, CA 92562 Murrieta, CA 92562

Lisa J. Mails Elementary School Vista Murrieta High School 35185 Briggs Road 28251 Clinton Keith Rd.

Murrieta, CA 92563 Murrieta, Ca 92563

Monte Vista Elementary School Murrieta Canyon Academy 37420 Via Mira Mosa 24150 Hayes Ave.

Murrieta, CA 92563 Murrieta, CA 92562

Murrieta Elementary School Murrieta Summit
24725 Adams Ave. 41831 McAlby Court
Murrieta, CA 92562 Murrieta, CA 92562

Rail Ranch Elementary School District Support Center 25030 Via Santee 41870 McAlby Court
Murrieta, CA 92563 Murrieta, CA 92562

Tovashal Elementary School
23801 San Raphael
Murrieta, CA 92562

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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 11.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Anthony Conrad, Police Chief
PREPARED BY: Jeremy Durrant, Lieutenant - Police
SUBJECT: Agreement with Flock Group, Inc. - Automated License Plate Reader Cameras
..title

RECOMMENDATION
Authorize the City Manager to enter into a five-year agreement with Flock Group, Inc. to continue using the original twenty automated license plate reader cameras installed in 2022 and purchase and install an additional twenty cameras to increase the police department’s effectiveness and investigative ability; and
Approve an additional appropriation of $5,500 in the operating budget for Fiscal Year 2023/24.

PRIOR ACTION/VOTE
No prior action.

CITY COUNCIL GOAL
Provide a high level of innovative public safety.

BACKGROUND
On January 24, 2022, the Murrieta Police Department entered into a one-year agreement with Flock Group, Inc. for installation and access to twenty of their automated license plate reader (ALPR) cameras to be deployed throughout the City of Murrieta (City). Since installing these cameras, they have benefited the police department greatly and assisted in the investigation and/or closure of hundreds of criminal cases.

Flock’sALPR cameras provide the police department with real-time alerts, which help with critical incident response and investigative efficiency. They operate 24/7 and capture objective vehicle data around the clock to multiply their investigative ability. The cameras require little to no infrastructure, and the vendor handles procurement, permitting, installation, and maintenance for one annual subscription fee.

The Murrieta Police Department shares access to its cameras with other California law enforcement agencies and, in turn, receives access to their cameras as well. The nature of this relationship affords the police CITY OF MURRIETA Printed on 1/22/2024Page 1 of 2
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Agenda Item No. 11.
and, in turn, receives access to their cameras as well. The nature of this relationship affords the police department access to a network of over 2,000 ALPR cameras throughout Southern California and the rest of the state, exponentially increasing investigative capabilities and bolstering the ability to provide the highest level of public safety to its residents.

The police department is seeking to renew its agreement with Flock Group, Inc. to continue using the original twenty ALPR cameras that were installed in 2022. Additionally, the purchase and installation of twenty additional cameras are being requested to bring the total number of ALPR cameras in the city up to forty. The original twenty cameras provide a very basic level of coverage that is helpful but often miss critical events that would help the police department in its mission of providing the highest level of public safety. Having a total of 40 cameras deployed to strategic locations throughout the City would increase the police department’s effectiveness and investigative ability.

The pricing for these cameras has increased since the original agreement, but Flock Group, Inc. is willing to extend the original cost if the police department enters into a five-year agreement (Attachment 1) to maintain these services. Based on the widespread deployment of these cameras throughout the state and their continued effectiveness, the police department is requesting the approval of a five-year agreement.

FISCAL IMPACT
Appropriations in the amount of $100,000 in the Fiscal Year 2023/24 and Fiscal Year 2024/25 Operating Budget account 1113120-60480 were approved in the biennial budget that was presented to the City Council and approved on June 6, 2023. An additional appropriation of $5,500 in Fiscal Year 2023/24 account 1113120 -60480 is requested for Fiscal Year 2023/24 to cover the one-time professional services included in the Agreement.

ATTACHMENTS
1) Flock Safety Renewal Five-Year Agreement
CITY OF MURRIETA Printed on 1/22/2024Page 2 of 2
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Flock Safety + CA - Murrieta PD
______________

Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________

MAIN CONTACT:

Anton Benbalit
[email protected]
2064321524

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Company Overview

At Flock Safety, technology unites law enforcement and the communities they serve to eliminate crime and shape a safer future, together. We created the first public safety operating system to enable neighborhoods, schools, businesses, and law enforcement to work together to collect visual, audio, and situational evidence across an entire city to solve and prevent crime.

Our connected platform, comprised of License Plate Recognition (LPR), live video, audio detection, and a suite of integrations (AVL, CAD & more), alerts law enforcement when an incident occurs and turns unbiased data into objective answers that increase case clearance, maximize resources, and reduce crime -- all without compromising transparency or human privacy.

Join thousands of agencies reducing crime with Flock Safety’s public safety operating system

2000+ 120 1B+ <60%*
communities with private-
public partnerships
incident alerts / minute 1B+ vehicles detected /
month
<60% local crime reduction
in Flock cities

*According to a 2019 study conducted by Cobb County Police Department

Introduction

Layer Intelligence to Solve More Crime

The pathway to a safer future looks different for every community. As such, this proposal presents a combination of products that specifically addresses your public safety needs, geographical layout, sworn officer count, and budget. These components make up your custom public safety operating system, a connected device network and software platform designed to transform real-time data into a panoramic view of your jurisdiction and help you zero in on the leads that solve more cases, prevent future crimes, and foster trust in the communities you serve.

Software Platform
Flock Safety's out-of-box software platform collects and makes sense of visual, audio, and situational evidence across your entire network of devices.

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Out-of-Box Software Features
Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:

● Vehicle make
● Body type
● Color
● License plates
○ Partial tags
○ Missing tags
○ Temporary tags
○ State recognition
● Decals
● Bumper stickers
● Back racks
● Top racks
National and Local Sharing

Access 1B+ additional plate reads each month without
purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-to- one, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS
FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders
Georgia DOR
IL SOS
Illinois Leads
NCIC
NCMEC Amber Alert
REJIS
CCIC
FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live on- scene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis

Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

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Out-of-Box Software Features (Continued)
Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard

Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application

Download FlockOS to your MDTs to ensure officers never
miss a Hot List alert while out on patrol.

Hot List Attachments
Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical
information you need to do your job by eliminating the need for password resets and steps in the log-in process.

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License Plate Recognition
The Flock Safety Falcon® LPR camera uses Vehicle Fingerprint™ technology to transform hours of footage into actionable evidence, even when a license plate isn't visible, and sends Hot List alerts to law enforcement users when a suspect vehicle is detected. The Falcon has fixed and location-flexible deployment options with 30% more accurate reads than leading LPR.*

*Results from the 2019 side-by-side comparison test conducted by LA County Sheriff's Department

Flock Safety Falcon®LPR Camera Flock Safety Falcon® Flex Flock Safety Falcon® LR Fixed, infrastructure-free LPR camera
designed for permanent placement.

√ 1 Standard LPR Camera
√ Unlimited LTE data service + Flock OS
platform licenses
√ 1 DOT breakaway pole
√ Dual solar panels
√ Permitting, installation, and ongoing
maintenance
Location-flexible LPR camera designed
for fast, easy self-installation, which is
ideal for your ever-changing
investigative needs.
√ 1 LPR Camera
√ Unlimited LTE data service + software
licenses
√ 1 portable mount with varying-sized
band clamps
√ 1 Charger for internal battery
√ 1 hardshell carrying case
Long-range, high-speed LPR camera
that captures license plates and Vehicle
Fingerprint data for increasing
investigative leads on high-volume
roadways like highways and interstates.

√ 1 Long-Rage LPR Camera
√ Computing device in protective poly
case
√ AC Power
√ Permitting, installation, and ongoing
maintenance

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Your Flock Safety Team
Flock Safety is more than a technology vendor; we are a partner in your mission to build a safer future. We work with thousands of law enforcement agencies across the US to build stronger, safer communities that celebrate the hard work of those who serve and protect. We don’t disappear after contracts are signed; we pride ourselves on becoming an extension of your hard-working team as part of our subscription service.

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform,
while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Note: Ongoing maintenance does not apply to Falcon Flex devices.

Public Relations Government Affairs

Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations

Share crimes solved in the local media with the help of our Public Relations team.

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EXHIBIT A

ORDER FORM

Customer: CA - Murrieta PD Initial Term: 60 Months
Legal Entity Name: CA - Murrieta PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 2 Town Sq Murrieta, California 92562 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days

Hardware and Software Products
Annual recurring amounts over subscription term

Item Cost Quantity Total
Flock Safety Platform $100,000.00
Flock Safety Flock OS
FlockOS ™ Included 1 Included
Flock Safety LPR Products
Flock Safety Falcon ® Included 40 Included

Professional Services and One Time Purchases

Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 5 $3,250.00 Professional Services - Existing Infrastructure
Implementation Fee $150.00 15 $2,250.00

Subtotal Year 1: $105,500.00
Annual Recurring Subtotal: $100,000.00
Estimated Tax: $0.00
Contract Total: $505,500.00

Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer..

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Billing Schedule

Billing Schedule Amount (USD)
Year 1
At Contract Signing $105,500.00
Annual Recurring after Year 1 $100,000.00
Contract Total $505,500.00
*Tax not included
Discounts

Discounts Applied Amount (USD)
Flock Safety Platform $100,000.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $0.00
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Product and Services Description

Flock Safety Platform Items Product Description Terms
Flock Safety Falcon ®
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

FlockOS Features & Description

Package: Essentials

FlockOS Features Description
Community Cameras (Full Access) Access to all privately owned Flock devices within your jurisdiction that have been shared with you.

Unlimited Users Unlimited users for FlockOS
State Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the statewide Flock network.

Nationwide Network (LP Lookup Only) Allows agencies to look up license plates on all cameras opted in to the nationwide Flock network.

Time & Location Based Search Search full, partial, and temporary plates by time at particular device locations License Plate Lookup Look up specific license plate location history captured on Flock devices Vehicle Fingerprint Search Search footage using Vehicle Fingerprint™ technology. Access vehicle type, make, color, license plate state, missing / covered plates, and other unique features like bumper stickers, decals, and roof racks.

Flock Insights/Analytics page Reporting tool to help administrators manage their LPR program with device performance data, user and network audits, plate read reports, hot list alert reports, event logs, and outcome reports.

ESRI Based Map Interface
Flock Safety’s maps are powered by ESRI, which offers the ability for 3D visualization, viewing of floor plans, and layering of external GIS data, such as City infrastructure (i.e., public facilities, transit systems, utilities), Boundary mapping (i.e., precincts, county lines, beat maps), and Interior floor plans (i.e., hospitals, corporate campuses, universities)
Real-Time NCIC Alerts on Flock ALPR Cameras Alert sent when a vehicle entered into the NCIC crime database passes by a Flock camera Unlimited Custom Hot Lists Ability to add a suspect’s license plate to a custom list and get alerted when it passes by a Flock camera Direct Share - Surrounding Jurisdiction (Full Access) Access to all Flock devices owned by law enforcement that have been directly shared with you. Have ability to search by vehicle fingerprint, receive hot list alerts, and view devices on the map.

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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Murrieta PD

By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\

PO Number:

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Master Services Agreement

This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 26 day of June 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS

WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”);

WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) and to obtain access for 20 additional devices to be installed by Flock pursuant to this Agreement in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; and

WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.

AGREEMENT

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NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.

1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below). 435
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1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

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2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by Customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected]
(such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies; the competitive strength of, or market for, Flock’s products or services; such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such upgrades are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement. 437
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2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer,to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time of the Term of this Agreement will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate the equipment coming into contact with hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are 438
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discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist each Customer Authorized End User in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select for their User ID a name that they do not have the right to use or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without the prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this Agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform 439
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all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain all legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non- identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell or share Anonymized Data with third parties.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not 440
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limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock further agrees not to divulge to any third party any information or data identifying any individual or vehicle appearing in the data. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to 441
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interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.
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6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including any amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Flock with a legally sufficient tax exemption certificate.

Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The term of this Agreement shall be from August 1, 2023, until July 31, 2028. This Agreement may be renewed in one (1) year renewal periods as memorialized by a written amendment to this Agreement signed by both parties.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware within a commercially reasonable time period not to exceed ninety (90) days. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, if Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 4, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

10.6. 443
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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or must replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule
). In the event that Customer chooses not to
replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 444
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PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 445
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LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, contractors or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the negligence and torts of its own officers, agents, contractors, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees; and (iii) the improper disclosure by Flock, its employees, agents or officers of data obtained from the cameras deployed to Customer. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should 446
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Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re- positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement. 447
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11. MISCELLANEOUS

11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule ), and any attached exhibits are the
complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen 448
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courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections. 449
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11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Public Disrepute. In the event Customer or its employees become the subject of an indictment, arrest, public disrepute, contempt, scandal or behaves in a manner that, in the reasonable judgment of Flock, reflects unfavorably upon Flock, and/or their officers or principals, licensees, such act(s) or omission(s) shall constitute a material breach of this Agreement and Flock shall, in addition to any other rights and remedies available to it hereunder, whether at law or in equity, have the right to elect to terminate this Agreement.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

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FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]

Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:

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EXHIBIT B

INSURANCE

Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”.

Flock shall obtain and, during the term of
this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad -form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non- owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

452

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 12.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Anthony Conrad, Police Chief
PREPARED BY: Dawnn Jackson, Management Analyst - Administration SUBJECT: Award Contract to Glass Fabrication Inc. for Window Replacement Services at the Police Department and Amend the Fiscal Year 2023/24 Operating Budget

RECOMMENDATION
Approve the agreement with Glass Fabrication Inc., in the amount not to exceed $61,098.03; Authorize the City Manager or her designee to execute the agreement and all applicable documents; and
Amend the Fiscal Year 2023/24 Operating Budget Police Department account 4020030-62000 in the amount of $61,098.03 for window replacement services.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Provide a high level of innovative public safety.

BACKGROUND
On February 5, 2023, City Hall and the Police Department suffered multiple acts of vandalism at the hands of one individual. This individual broke and cracked a few windows during the attempt to gain entry. While the responsible party was eventually located, during an after-action review of the incident, staff determined that additional improvements are warranted in other areas. These areas cover potential entry and/or breach points and other spots where additional hardening would improve security.

The Police Department is seeking to replace the glass on these windows again with bullet-resistant glass, reusing the existing aluminum window frame to provide the required level of security. Additionally, the Dispatch Center expressed the need for additional air circulation. Glass Fabrication Inc. will also replace six windows in our Dispatch Center that face the interior courtyard to casement windows, allowing air circulation from outside.

CITY OF MURRIETA Printed on 1/22/2024Page 1 of 2
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8/15/2023
Agenda Item No. 12.

In accordance with the City’s procurement policy, staff completed an informal competitive procedure and received three quotes for evaluation. Based on the three quotes from Glass Fabrication, Inc., Andy’sGlass & Window Co., and Glass Doctor, staff recommends awarding the contract to the lowest responsive, responsible bidder.

FISCAL IMPACT
The approval of this contract will amend the Fiscal Year 2023/24 Operating Budget by increasing appropriation in account number 4020030-62000 in the amount of $61,098.03 for window replacement services.

ATTACHMENTS
1) Agreement between City and Glass Fabrication, Inc.

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Design CONTRACTOR Agreement
01375.0010/898369.1 Murrieta Form 03/10

AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
Glass Fabrication Inc.

This Agreement (“Agreement”), made this 1st day of August, 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and Glass Fabrication Inc., a California Corporation ("CONTRACTOR") with reference to the fol lowing facts which are acknowledged by each party as true and correct:

RECITALS

A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into agreements under the pro visions of California Government Code section 53060.

C. CITY desires or is in need of window replacement services.

D. CONTRACTOR has special knowledge, experience , and facilities for accomplishing the above services.

E. CITY now desires to retain CONTRACTOR to accomplish the above services, and CONTRACTOR is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONTRACTOR

1.1 CONTRACTOR shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon t he provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply . These duties may be adjusted from time to time as agreed upon in writing by CONTRACTOR and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

1.2 Representations. CONTRACTOR will perform the services set out in this Agreement, as contemplated her ein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Agreement, is relying on CONTRACTOR’s representations for quality and professional work performed in a timely manner, and CONTRACTOR shall perform in accordance with those representations and standards.
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01375.0010/898369.1 2

1.3. Monthly Written Reports. The [Title.] of CONTRACTOR shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONTRACTOR pursuant to this Agreement. CONTRACTOR shall prepare the monthly written report in a format acceptable to the CITY. CONTRACTOR shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONTRACTOR pursuant to the scope of services.

2.2 CONTRACTOR shall keep the City Manager, CITY’s representative, or his designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.

2.3 This Agreement shall be administered on behalf of the parties hereto, and a ny notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY: Kim Summers
Address: City of Murrieta
One Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Phone: (951) 461-6065
Facsimile: (951) 461-6049

For CONTRACTOR: Alejandro Arteaga
Chief Operating Officer
CONTRACTOR: Glass Fabrication
Address: 41598 Eastman Drive, Suite B
Murrieta, CA 92562
Phone: (951) 924-8953
Facsimile: N/A

3. TERM

3.1 The term of this Agreement shall be from 8/1/2023 until 7/31/2024.

3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. PAYMENT TO CONTRACTOR

4.1 Consideration. In consideration of the services to be performed by CONTRACTOR for the CITY as set forth in Section 1, the CITY agrees to pay CONTRACTOR the sum of Sixty-One Thousand Ninety-Eight Dollars and Three Cents ($61,098.03).

4.2 Additional Services. If CITY desire s any additional services (“Additional Services”), CONTRACTOR may, upon written request by the CITY, furnish a proposal including 456

01375.0010/898369.1 3
an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONTRACTOR and CITY , CONTRACTOR shall perform the Additional Servic es and CITY will pay to CONTRACTOR the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONTRACTOR showing the basis of said claims, and certified by proper officers of CONTRACTOR.

4.3 Payments. Payment of CONTRACTOR’s fee shall be in accordance with the the payment terms set forth in Exhibit “A” and in accordance with CITY’s normal schedule for issuance of checks. CONTRACTOR agrees and acknowledges that it is CONTRACTOR’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.

5. STATUS OF CONTRACTOR

5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONTRACTOR shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONTRACTOR shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONTRACTOR and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONTRACTOR is, for all purposes arising out of this Agreement, an independent contractor, and neither CONTRACTOR, nor its employees, agents, or representatives shall be deemed an employee of the CITY for any purpose.

5.2 Employee Benefits . CONTRACTOR shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing services pursuant to this Agreement. It is expressly understood and agreed that CONTRACTOR and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave or ot her benefits.

5.3 Workers' Compensation Insurance . CONTRACTOR agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participat ing in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONTRACTOR shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONTRACTOR shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws.
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Pursuant to the provisions of section 1775 of the Labor Code, CONTRACTOR shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub-CONTRACTOR under him, in violation of the provisions of this Agreement.

Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement.

6. INSURANCE

CONTRACTOR shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request , provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONTRACTOR shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Types of Insurance . At all times during the term of this Agreement, CONTRACTOR shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability . Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONTRACTOR and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

6.1.2 Automobile Liability. A policy of comprehensive automobile liability insurance, at least as broad as ISO form CA 00 01, written on a per occurrence basis covering bodily injury and property damage in an amount not less than One Million Dollars ($1,000,000.00) combined single l imit for each accident. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.

6.1.3 Workers' Compensation. For all of CONTRACTOR’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONTRACTOR shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONTRACTOR shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Wo rkers' Compensation Act is filed against CITY by a bona fide employee of CONTRACTOR participating under this Agreement, CONTRACTOR agrees to defend and indemnify the CITY from such claim.

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01375.0010/898369.1 5

6.2 Insurer Requirements . All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONTRACTOR and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required . Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non -contributory to any insur ance that may be carried by CITY; and (b) CITY is entitled to thirty (30) days’ prior written notice (10 days for cancellation due to non -payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL and Workers’ Compensation policies shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.

6.5 Indemnity Not Limited by Insurance. CONTRACTOR’s liabilities, including, but not limited to, CONTRACTOR’s indemnity and defense obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance cover age is a material element of this Agreement , and CONTRACTOR’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY.

7. AUDIT AND INSPECTION OF RECORDS

At any time during CONTRACTOR’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONTRACTOR shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONTRACTOR will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of per sonnel and other data related to all matters covered by this Agreement.

All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONTRACTOR for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONTRACTOR’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.

8. CONFIDENTIALITY AND USE OF INFORMATION

8.1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONTRACTOR respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONTRACTOR issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONTRACTOR shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.

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8.2 CONTRACTOR shall advise CITY of any and all materials used, or recommended for use, by CONTRACTOR to achieve the project goals that are subject to any copyright restrictions or requirements. In the eve nt CONTRACTOR shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONTRACTOR under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONTRACTOR agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.

8.3 Ownership of Records. All records created by the CONTRACTOR shall become the property of the CITY and shall be subject to state law and CITY policies governing pri vacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONTRACTOR involving transactions and work related to this Agreement. The CONTRACTOR shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE

10. TERMINATION FOR CAUSE

10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONTRACTOR, (b) CONTRACTOR, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONTRACTOR exposing CITY to liability to others for personal injury or property damage, or (d) if CONTRACTOR is adjudged bankrupt, CONTRACTOR makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONTRACTOR’s insolvency. Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effect ive date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.

10.2 In the event of such termination, CONTRACTOR shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONTRACTOR expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set forth herein.

11. TERMINATION FOR CONVENIENCE OF CITY

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11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONTRACTOR of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.

11.2 If the Agreement is terminated as provided in this Section, CONTRACTOR shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONTRACTOR of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION

Upon termination of this Agreement as provided herein, CONTRACTOR shall, within such reasonable time period as may be directed by City Manager, complete those items of work which are in various stages of completion and which City Manager determines are necessary to be completed by CONTRACTOR to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONTRACTOR shall be delivered to the City Manager, upon his request, as property of CITY.

13. DEFENSE AND INDEMNIFICATION

13.1 CONTRACTOR shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives, and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance of CONTRACTOR, its officers, employees, representatives, subcontractors, or agents under this Agreement regardless of whether or not such claim, loss or li ability is caused, in part by a party indemnified hereunder.

CONTRACTOR shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.

13.2 General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be in demnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONTRACTOR under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONTRACTOR provides CITY with reasonable assurances of protection of the CITY's interest.

The CITY shall, in its sole discretion determine whether such assurances are reasonable.

CONTRACTOR agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONTRACTOR, its officers, agents, representatives, employees, sub -CONTRACTORs, or anyone for whom CONTRACTOR is liable and that an adjudication of CONTRACTOR's liability is not a condition precedent to CONTRACTOR's duty to defend.

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14. CONFLICT OF INTEREST

CONTRACTOR shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.

14.1 Prior to execution of this Agreement, CONTRACTOR shall disclose in writing to CITY any and all compensation, actual or potential, which CONTRACTOR may receive in any form from a party other than CITY as a result of performance of this Agreement by CONTRACTOR. If CONTRACTOR becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONTRACTOR shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.

14.2 Prior to or concurrent with making any recommendation of any products or service for purchase by the CITY, CONTRACTOR shall disclose any financial interest that CONTRACTOR may have in any manufacturer or provider of the recommended pro ducts or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.

14.3 CONTRACTOR shall not conduct business for third parties which may be in conflict with CONTRACTOR’s responsibilities under this Agreement. CONTRACTOR may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONTRACTOR shall provide no services for any private client wi thin the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.

15. ASSIGNMENT

No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subcontractors specifically included in the a ttached “Scope of Services”) by CONTRACTOR without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONTRACTOR without the express written consent of CITY, and without such co nsent all services hereunder are to be performed by CONTRACTOR, its officers, agents and employees. However, claims for money due or to become due to CONTRACTOR from CITY under this Agreement may be assigned to a bank, trust company, or other financial in stitution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.

16. SURVIVAL

CONTRACTOR’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.

17. COMPLIANCE WITH APPLICABLE LAWS

CONTRACTOR agrees to comply with all federal, state and local laws, rules, regulations and ordinances tha t are now or may in the future become applicable to CONTRACTOR, CONTRACTOR’s business, equipment and personnel engaged in activities covered by this 462

01375.0010/898369.1 9
Agreement or arising out of the performance of such activities.

18. PERMITS/LICENSES

CONTRACTOR and all of CONTRACTOR’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.

19. NONDISCRIMINATION IN EMPLOYMENT

CONTRACTOR agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONTRACTOR certifies and agrees that all persons employed by CONTRACTOR, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONTRACTOR, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law. If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti -discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONTRACTOR has violated state or federal anti -discrimination laws relative to this Agreement shall constitute a finding by CITY that CONTRACTOR has violated the anti-discrimination provisions of this Agreement.

20. NON-WAIVER

The failure of CITY or CONTRACTOR to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deeme d a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONTRACTOR of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONTRACTOR’s rights contained in this Agreement.

21. SEVERABILITY

22. DISPUTES

23. REMEDIES

The rights and remedies of the CITY provided in this Agreement are not intended to be 463

01375.0010/898369.1 10
exclusive, and are in addition to any other rights and remedies permitted by law.

24. ENTIRE AGREEMENT/AMENDMENT

25. GOVERNING LAW/VENUE

The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.

26. BINDING AGREEMENT

This Agreement is intended to be binding on the parties and their respective successors and assigns.

27. NUMBER

The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.

28. WARRANTY OF AUTHORITY

Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.

29. COUNTERPARTS

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

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MURRIETA _____________________________
Glass Fabrication Inc.
_____________________________
Kim Summers, City Manager _Alejandro Arteaga, C.O.O._______ Name/title of signatory [please print]

_____________________________
Signature

Attest:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk _____________________________ Signature

Approved as to Form:

_____________________________
Tiffany Israel, City Attorney

NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operational Group” (Chair of the board, President or a Vice-president) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant secretary, Chief financial officer or an Assistant treasurer). See California Corporations Code section 313.

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EXHIBIT A

Scope of Services

466
RECIPIENT:

City of Murrieta
1 Town Square
Murrieta, California 92562
Phone: 951-232-0089
SERVICE ADDRESS:
1 Town Square
Murrieta, California 92562
SENDER:

Glass Fabrication Inc. Lic#997985
41598 Eastman Drive
Suite# B
Murrieta, California 92562
Phone: 951-924-8953
Email: [email protected]
Website: www.glassandmirrormorenovalley.com
PRODUCT / SERVICE DESCRIPTION QTY.

CUSTOM LEVEL 5 BR. PLEASE REVIEW ATTACHED DATA SHEET.

TEST REPORTS, CLEANING AND SPECIAL CARE INSTRUCTIONS
**GL2 GLASS DARK DRAY

BULLET RESISTANT GLASS
PART# PRL5001.A
TESTED TO UL752 STANDARD LEVEL V
OVER-ALL THICKNESS 1.4 +/- .060"
MAKE-UP: GLASS CLAD POLYCARBONATE

ABRASION RESISTANT COATING ON (INTERIOR) SAFE INSIDE

SEAMED ALL EDGES
1 3/8" OVER-ALL
23 3/4 × 41 1/4 APPROX BLOCK SIZE QTY 28

POLY-URETHANE ADHESIVE AND PUSH IN VINYL
28 Labor Labor charge

PREVAILING WAGE
1 NOTES PLEASE NOTE WE WILL ATTACH GLASS SPECS. BEING QUOTED,

CLIENT MUST DO THE DUE DILIGENCE TO CONFIRM THE MATERIAL MEETS THEIR STANDARDS AND EXPECTATIONS. ALSO PLEASE NOTE

THE QUOTE IS TO RE-USE THE EXISTING ALUMINUM FRAME, IT IS NOT

REQUIRED TO CHANGE TO BULLET RESISTANT METAL HOWEVER IF

THE CLIENT WISHES TO DO SO WE CAN PROVIDE A JOINT OR
SEPERATE QUOTE.

TERMS:
10% DEPOSIT
40% PROGRESS PAYMENT ON 5TH DAY FROM COMMENCING DATE
50% NET 30 TERMS
**PLEASE ADVISE IF YOU WISH TO STRUCTRE TERMS DIFFERENTLY** 1 of 3 pages
QUOTE #15334
SENT ON:

May 16, 2023467
PRODUCT / SERVICE DESCRIPTION QTY.

CASEMENT WINDOWS AL-ACR, SIZE: W 19 3/4" X H 20 3/4"
MATERIAL:THERMALLY BROKEN ALUMINUM
FRAME:RETROFIT 2" FIN
EXTERIOR/INTERIOR FINISH:ANODIZED BRONZE
****
**GLASS OPTIONS*****
GLASS TYPE:LE3 / CLR
FIELD 1:3.1MM LE3 / 3.1MM CLR, IG THICK:1", 5.05lbs GAS TYPE:ARGON FILLED, SPACER:SUPERSPACER
6 Labor LABOR CHARGE 6
A deposit of $6,109.80 will be required to begin.
* Non-taxable
- This quote is valid for the next 30 days, after which values may be subject to change.
- Please note by signing this quote you are agreeing to all terms and conditions listed, as well as approving that the materials listed is correct. - All “Will Call” Orders must be paid in full prior to commencement of the Fabrication, unless stated otherwise.
- All material(s) ordered must be picked up within 5 business days. If the material is left past the 5 days allotted, Glass Fabrication Inc. is no longer responsible for any damages to the material and there will be a 3% Storage fee applied. If the material is left for more than 10 business days from the scheduled will call date, the material will be forfeited and the balance on the item(s) will be due same day.

Subtotal $57,998.32
Murrieta (8.75%) $3,099.71
Total $61,098.03
2 of 3 pages
QUOTE #15334
SENT ON:

May 16, 2023468
Notes Continued...
- Glass Fabrication does not warranty or claim responsibility for any future defects or problems on material not installed by our team, unless otherwise determined by one of our Glass Specialists. - Glass Fabrication is not responsible for loading merchandise for “Will Call” orders. Employee can assist you but not be held responsible for any damages to products or vehicles in the process. - Glass Fabrication is not responsible to make sure that the material is secured for transportation. - If the dimensions and description is provided by the customer, Glass Fabrication is not responsible for material that does not fit or is incorrectly ordered.
- 15% Re-stocking fee for any items brought back. *Please note only stock items are permitted to be returned with no alterations or damages*
- Any defects in the product must be noted during the pick-up process. As soon as the material leaves the will call location Glass Fabrication is not responsible. Any defects or imperfections must be noticeable from a 2' distance to be accepted under warranty. - Any Invoice past the agreed terms will be subject to a 3% past due fee applied every month until payment is received. - If any changes are made after the quote is signed, there will be a change of order fee + Material and Labor at customers expense. - Any window or glass that is altered i.e. a film tint added to the glass will void the warranty. - Insulated Glass units which are installed by a non-licensed Glazier or are not properly transported will not be warrantied. - All measurements are Width x Height.
- Insulated Glass Units “Dual Pane(s)” have a 4 year warranty against moisture with receipt of purchase. - There is a 3/16" Tolerance for all Glass and Metal to comply with industry standards. - Insulated Glass Units are made with a Aluminum spacer Followed by a Butyl Sealant. The replacement Unit may or will not be an exact match due to different fabrication processes used by different fabricators. - Any Glass that is replaced with a film or baked in tint will not be an exact match. Glass Fabrication attempts to always find the most accurate match however in some cases the glass may be discontinued or altered by fabricators to meet new specifications. New glass installed next to old glass may appear different due to the wear and fading on the old piece. -All approved work orders that are assigned a schedule date are subject to a 10% fee of the total amount if canceled Signature: _____________________ Date: _____________ 3 of 3 pages
QUOTE #15334
SENT ON:

May 16, 2023469

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/15/2023
Agenda Item No. 13.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director/City Engineer PREPARED BY: Bob Moehling, Public Works Director/City Engineer SUBJECT: Keller Road at I-215 Interchange Consultant Services Agreement

RECOMMENDATION
Approve the agreement for Consultant Project Management Services for the Keller Road at I-215 Interchange, CIP 8449, with Southstar Engineering & Consulting, Inc, in the amount not to exceed $468,582.40; and
Authorize the Mayor to execute the agreement.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
The Keller Road/I-215 Interchange Project (Project) proposes to construct a new interchange one mile south of the existing Scott Road interchange on Interstate 215 (I-215). The Project was initiated in August 2010 and the construction cost was estimated at $12,000,000. The scope assumed that the I-215 bridge structure over Keller Road would not require any widening as Riverside County Transportation Commission (RCTC) had plans to widen the I-215 bridge structure to accommodate the widening of the I-215 to three lanes in each direction.

The project is currently in the Project Approval and Environmental Documentation (PA/ED) Phase. The Plans, Specifications and Estimate Phase of design is progressing concurrently with PA/ED and both efforts are being reviewed by Caltrans.

In July 2020, Caltrans affirmed that project compliance with the California Environmental Quality Act (CEQA) would require the inclusion of an Environmental Impact Report (EIR) as the appropriate level of documentation for CEQA compliance. Previously, an Initial Study document was being utilized for CEQA compliance. Caltrans determined that an EIR was needed to review project impacts related to Greenhouse Gas emissions on climate change, recently adopted requirements for Vehicle Miles Traveled and the noise impacts of a CITY OF MURRIETA Printed on 1/22/2024Page 1 of 2
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8/15/2023
Agenda Item No. 13.
climate change, recently adopted requirements for Vehicle Miles Traveled and the noise impacts of a capacity increasing project.

SouthStar Engineering & Consulting, Inc, has extensive experience processing Caltrans projects. Jason Bennecke, Project Manager, has previously worked for Caltrans and successfully provided construction management services to the City of Murrieta (City) on the I-15/Los Alamos Road Overpass project in 2105/16.

SouthStar Engineering & Consulting, Inc, is also currently working on the Holland Road Overpass in Menifee, has recently completed project management work on the I-15/ Cajalco Road Interchange in Corona, the I- 15/Railroad Canyon Interchange in Lake Elsinore and the SR-60/Nason Road Interchange in Moreno Valley.

SouthStar Engineering & Consulting, Inc., also has professional working relationships with several of the key members of the Murrieta/Caltrans Keller Interchange project team, including the Acting Deputy District Director, Caltrans District 8 Design Project Manager, and the Branch Chief, of the Environmental Studies Division.

The agreement (Attachment 1) contains a two-year term through June 30, 2025 and a billable hourly rate of $256/hour; the total amount assumes working two eight-hour days a week for 52 weeks per year. The billable hourly rate for the two years totals $425,984. The agreement includes a 10% ($42,598.40) contingency bringing the total amount to $468,582.40. The consultant’s proposed billable rate adheres to the Federal Acquisition Regulations required by Caltrans when utilizing federal and state funds. The work will be monitored by the Director of Public Works throughout the course of the two-year term and the amount of billable work approved and paid accordingly.

FISCAL IMPACT
CIP 8449 has sufficient funds for this work effort.

ATTACHMENTS
1) Agreement, Southstar Engineering & Consulting, Inc.

CITY OF MURRIETA Printed on 1/22/2024Page 2 of 2
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AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
SOUTHSTAR ENGINEERING & CONSULTING, INC.

This Agreement (“Agreement”), made this 15th day of August, 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and Southstar Engineering & Consulting, Inc., a California corporation ("CONSULTANT") with reference to the following facts, which are acknowledged by each party as true and correct:

RECITALS

A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.

B. CITY is authorized to enter into consulta nt agreements under the provisions of California Government Code section 53060.

C. CITY desires or is in need of engineering services.

D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above design or engineering services.

E. CITY now desires to retain CONSULTANT to accomplish the above design or engineering services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.

AGREEMENT

NOW, THEREFORE, it is agreed by and between the parties as follows:

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), w hich is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agr eement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.

1.2 CONSULTANT acknowledges that no level of work is guaranteed. Assignments will be determined on an as -needed basis for which purchase orders will be issued based on services required and CONSULTANT’s fee schedule (refer to Exhibit “B”), which is attached to and made a part of this Agreement.

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1.3 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, i n entering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.

1.4 Monthly Written Reports. The Project Manager of CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

2.1 CITY appoints its City Manager, or his/her designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.

2.2 CONSULTANT shall keep the City Manager, CITY’s representative, or his/her designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.

2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:

For CITY: Robert K. Moehling, Director of Public Works/City Engineer Address: City of Murrieta
One Town Square
Murrieta, CA 92562
Phone: (951) 461-6036
Facsimile: (951) 461-6049

For CONSULTANT: Jason Bennecke
Principal/Executive Vice-President
CONSULTANT: Southstar Engineering & Consulting, Inc.

Address: 1945 Chicago Avenue
Unit C-2
Riverside, CA 92507
Phone: 951-342-3120
Facsimile: 951-342-3148

3. TERM

3.1 The services called for under this Agreement shall be provided by CONSULTANT during the period commencing upon execution of this Agreement and shall continue through June 30, 2025. This Agreement may renew for up to three (3) additional one (1) year terms based on satisfactory performance of the services called for in the Agreement, at the discretion of the City Manager at least thirty (30) days written notice prior to the expiration of the initial term or any subsequent annual renewal.

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3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.

4. PAYMENT TO CONSULTANT

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT for hours worked at the hourly rate specified in the CONSULTANT’S rate and fee schedule in Exhibit “B”. The specified hourly rates include direct salary costs, employee benefits, overhead, and fee.

The CITY also agrees to pay CONSULTANT for incurred direct costs other than salary costs, and other costs that are identified in Exhibit “A”. The total amount payable by the CITY shall not exceed the amount designated on individual purchase orders issued pursuant to this Agreement.

Each purchase order will require a scope of services, expected results, project deliverables, period of performance, and project schedule. CONSULTANT shall accept such sums as full compensation for the services listed on each individual purchase order. The rates on Exhibit “B” may be adjusted at the beginning of each fiscal year up to the amount of change in the Consumer Price Index, not to exceed five percent (5%).

4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All mone y due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

4.3 Payments. CONSULTANT shall submit monthly invoices to the CITY for CONSULTANT’s s ervices rendered, in accordance with the schedule of tasks and charges attached as Exhibit “B”, not to exceed the amount of the City issued purchase order. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.

5. STATUS OF CONSULTANT

5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purpos es arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents, or representatives shall be deemed an employee of the CITY for any purpose.

5.2 Employee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing 474
services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave, or other benefits.

5.3 Workers' Comp ensation Insurance . CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws.

Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub -consultant under him, in violation of the provisions of this Agreement.

6. INSURANCE

CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.

6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:

6.1.1 Commercial General Liability. Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.

6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected 475
officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is f iled against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.

6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.

6.1.4 Automobile Liability. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONSULTANT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.

If CONSULTANT or CONSULTANT’s employees will use personal autos in any way on this project, CONSULTANT shall obtain evidence of personal auto liability coverage for each such person.

6.2 Insurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.

6.4 Specific Provisions Required . Each poli cy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non -contributory to any insurance that may be carried by CITY; and (b) CITY is entitled to thirty (30) days’ pri or written notice (10 days for cancellation due to non -payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.

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7. AUDIT AND INSPECTION OF RECORDS

8. CONFIDENTIALITY AND USE OF INFORMATION

8.3 Ownership of Records. All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.

9. NOTICE

10. TERMINATION FOR CAUSE

Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation sh all cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.

11. TERMINATION FOR CONVENIENCE OF CITY

11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.

12. PERFORMANCE AFTER TERMINATION

Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work, which are in various stages of completion, and, which City Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.

13. DEFENSE AND INDEMNIFICATION

13.1 Indemnity for Professional Liability . Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest exten t permitted by law, hold harmless, 478
protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabili ties, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.

Murrieta City CouncilAugust 15, 2023

Murrieta City Council
August 15, 2023