186
Fiscal Year 2023/24 First Quarter Summary of Major Funds - November 21, 2023 Council Action 2023/24
AMENDED BUDGET
YTD THRU
9/30/2023
%
USED
COUNCIL APPROVED
ADJUSTMENTS NOT
ENTERED
2023/24 PROPOSED
ADJUSTMENTS
2023/24 PROPOSED
AMENDED BUDGET
Revenue
Charges for Services 520,125$ 143,045$ 28% -$ -$ 520,125$ Chrg for Svc-CC Conve -$ 4,049$ 0% -$ -$ -$ Other Misc Revenue 147,135$ 37,635$ 26% -$ -$ 147,135$ Special Assessments 1,927,712$ -$ 0% -$ -$ 1,927,712$ Taxes-Property -$ -$ 0% -$ -$ -$ Transfer In 2,945,577$ -$ 0% -$ -$ 2,945,577$ Total Revenue 5,540,549$ 184,729$ 3% -$ -$ 5,540,549$ Expenditures
Allocations (82,553)$ -$ 0% -$ -$ (82,553)$ Capital Outlay 68,000$ -$ 0% -$ -$ 68,000$ Operations & Maintenance 3,253,088$ 355,183$ 11% -$ -$ 3,253,088$ Personnel Costs 2,030,685$ 679,513$ 33% -$ 165,350$ 2,196,035$ Transfer Out -$ -$ 0% -$ -$ -$ Total Expenditures 5,269,219$ 1,034,696$ 20% -$ 165,350$ 5,434,569$ 2023/24
AMENDED BUDGET
YTD THRU
9/30/2023
%
USED
COUNCIL APPROVED
ADJUSTMENTS NOT
ENTERED
2023/24 PROPOSED
ADJUSTMENTS
2023/24 PROPOSED
AMENDED BUDGET
Revenue
Charges for Services 14,300$ 3,248$ 23% -$ -$ 14,300$ Chrg for Svc-CC Conve -$ 101$ 0% -$ -$ -$ Other Misc Revenue 95,200$ 33,314$ 35% -$ -$ 95,200$ Taxes-Property 2,424,794$ -$ 0% -$ -$ 2,424,794$ Transfer In 143,773$ -$ 0% -$ -$ 143,773$ Total Revenue 2,678,067$ 36,663$ 1% -$ -$ 2,678,067$ Expenditures
Allocations 430,910$ -$ 0% -$ -$ 430,910$ Capital Outlay 26,000$ 813$ 3% -$ -$ 26,000$ Operations & Maintenance 819,908$ 111,042$ 14% -$ -$ 819,908$ Personnel Costs 2,036,462$ 379,305$ 19% -$ 80,600$ 2,117,062$ Total Expenditures 3,313,280$ 491,159$ 15% -$ 80,600$ 3,393,880$
COMMUNITY SERVICES DISTRICT
LIBRARY
187
Estimated
Beginning Fund
Balance
Contribution to
Reserves
General Fund
Contribution to
Reserves
Measure T Fund
Contribution to
Reserves
Information
Services Fund
Use of Reserves
General Fund
Use of
Reserves
Measure T Fund
Use of Reserves
Information
Services Fund
Estimated
Ending Fund
Balance
General Fund Operating Reserves - 30% 16,795,491 3,620,839 - - - - - 20,416,330 Measure T Operating Reserves - 30% 3,812,350 - 1,120,458 - - - - 4,932,808 Fire District Operating Reserves - 30% 5,605,198 - 1,609,391 - - - - 7,214,589 CSD Operating Reserves - 30% 1,089,062 - 491,704 - - - - 1,580,766 Library District Operating Reserves - 30% 747,833 - 246,152 - - - - 993,985 Total Operating Reserves 28,049,933 3,620,839 3,467,705 - - - - 35,138,477 Economic Contingency (110) 4,510,443 45,273 - - - - - 4,555,716 Economic Contingency (111) 2,544,284 - - - - - - 2,544,284 Fleet Replacement (111) 1,153,000 2,000,000 300,000 - - - - 3,453,000 Fire Fleet Replacement (111) 2,415,443 - 1,400,000 - - - - 3,815,443 Fleet Replacement (715) 1,015,909 - - - - - - 1,015,909 Total Fleet Replacement 4,584,352 2,000,000 1,700,000 - - - - 8,284,352 Information Services (726) 282,000 - - - - - 282,000 Total Information Services 282,000 - - - - - - 282,000 Facility Repair (111) 1,100,000 - 800,000 - - (450,000) - 1,450,000 CSD Facility Repair (111) 1,105,850 4,500,000 - - - - 5,605,850 CSD Facility Repair (110) 2,000,000 - 2,000,000 Fire Facility Repair (111) 35,000 900,000 - - - - 935,000 Fire Facility Repair (110) 1,000,000 1,000,000 Information Technology (110) - 1,000,000 - - - - - 1,000,000 Pension 115 Trust (PARS) (111) 3,000,000 2,000,000 5,000,000 Pension 115 Trust (PARS) (110) 2,000,000 2,000,000 OPEB 115 Trust (CERBT) (111) 1,000,000 - - - - 1,000,000 OPEB 115 Trust (CERBT) (110) - 1,000,000 - - - - 1,000,000 Continuing Operations (110) 6,000,000 (4,000,000) 2,000,000 Continuing Operations (111) 25,000 - - - - - 25,000 Totals 45,236,862 18,620,839 14,367,705 - (4,000,000) (450,000) - 73,820,679 Sustainability Reserves Fiscal Year 2023/24
11/8/2023
1 188
Estimated Ending Fund Balances on September 30, 2023
Fund No. Fund Description Beginning Balance Estimated Revenues Transfers In Transfers Out Estimated Expenditures Estimated Ending Balance Amount Unavailable Amount Available 110 General Fund 53,491,681 $ 69,542,037 $ - $ (1,139,715)$ (72,197,282)$ 49,696,721 $ 40,734,498 $ 8,962,223 $ 111 Gen Fund Measure T 43,510,404 $ 30,524,800 - (10,082,199) (17,366,299) 46,586,706 39,774,791 6,811,916 151 Fire District Admin 3,979,165 $ 17,088,121 7,131,187 - (25,558,229) 2,640,244 3,944,212 (1,303,968) 171 Community Service District Fund 1,118,568 $ 2,594,972 2,945,577 - (5,434,569) 1,224,548 1,126,229 98,319 311 Library Fund 1,405,213 $ 2,534,294 143,773 - (3,393,880) 689,400 769,253 (79,853) Sum of All Major Funds 103,505,031 $ 122,284,224$ 10,220,537$ (11,221,914)$ (123,950,259)$ 100,837,619$ 86,348,982$ 14,488,637$ Fund No. Fund Description Beginning Balance Estimated Revenues Transfers In Transfers Out Estimated Expenditures Estimated Ending Balance* 112 General Fund Capital 6,702,061 $ - $ - $ - $ - $ 6,702,061$ 118 Traffic Safety Fund 116,834 $ 10,900 - - (14,050) 113,684 119 Crime Prevention Fund 80,043 $ 73,300 - - (136,120) 17,223 127 DIF Fire Fund 1,495,148 $ 109,000 - (170,678) (850) 1,432,620 128 DIF Freeway overcrossing Bridg 8,454,376 $ - - - - 8,454,376 129 DIF General Facility Fund (91,296) $ 80,500 - - (30) (10,826) 130 DIF Law Enforcement Fund 1,088,579 $ 164,100 - - (250) 1,252,429 131 DIF Library Fund 1,135,844 $ 110,000 - - (500) 1,245,344 132 DIF Open Space Fund 1,778,677 $ 17,000 - - (1,200) 1,794,477 133 DIF Park Land Fund 2,805,277 $ 1,130,000 - - (10,600) 3,924,677 134 DIF Storm Drain Fund 4,681,589 $ 160,000 - - (2,500) 4,839,089 135 DIF Street Fund 10,701,936 $ - - - - 10,701,936 136 DIF Traffic Signal Fund 2,442,319 $ 306,800 - - (250) 2,748,869 137 DIF Community Center Fund 1,134,670 $ 193,600 - - (100) 1,328,170 138 DIF-FWY,Street,Bridge 4,952,539 $ 1,350,000 - - (5,100) 6,297,439 140 RSA Fees Fund 200,799 $ 2,000 - - (250) 202,549 141 SWRBBD Fund 192,659 $ 1,000 - - (60) 193,599 161 TUMF Fund 12,115 $ - - - - 12,115 180 CSD Exempt Maintenance 251,357 $ 1,802,653 441,955 - (2,244,608) 251,357 181 Local Zone A Fund - $ 188,571 82,873 (47,945) (223,500) (1) 182 Local Zone B Fund 372,636 $ 463,044 - (107,269) (453,993) 274,419 183 Local Zone C Fund 75,172 $ 42,034 - (9,820) (44,590) 62,795 184 Local Zone D Fund 22,828 $ 101,378 41,394 (34,774) (107,998) 22,828 185 Local Zone E Fund (0) $ 14,424 10,579 (9,762) (15,241) - 186 Local Zone F Fund 57,060 $ 55,403 - (3,870) (53,562) 55,031 188 Local Zone H Fund 51,471 $ 135,830 - (16,694) (184,350) (13,743) 189 Local Zone I Fund 17,729 $ 4,673 - - (4,693) 17,709 200 LLD 1 Copper Canyon Fund 131,998 $ 504,940 - (15,481) (500,021) 121,435 202 LLD 2 Grizzly Ridge Fund 99,800 $ 143,695 - (5,834) (137,660) 100,000 203 LLD 3 Cherry Street Fund 11,074 $ 18,878 - (693) (18,185) 11,074 204 LLD 4 Western Pacific Fund 124,476 $ 59,382 - (5,257) (60,512) 118,089 205 LLD 5 Murrieta Ranchos Fund 9,999 $ 27,820 3,547 (3,986) (27,382) 9,998 206 LLD 6 Fallsgrove Fund 64,315 $ 19,638 - (3,639) (16,808) 63,506 207 LLD 7 Continental Homes Fund 20,077 $ 30,459 - (3,986) (26,434) 20,117 208 LLD 8 Lincoln Ranch Fund 189,516 $ 144,918 - (8,607) (164,521) 161,306 209 LLD 9 Tapestry Fund 21,766 $ 55,589 - (1,964) (53,576) 21,816 210 LLD 10 Hwy 79/Hunter Rd Fund (25,511) $ 155,960 28,207 (12,246) (171,620) (25,211) 211 LLD 11 Masters/Winchester Fnd (0) $ 49,246 9,870 (16,405) (42,711) 0 212 LLD 12 Warm Springs Fund 1,117,709 $ 712,241 - (35,294) (633,945) 1,160,710 213 LLD 13 Mira Mosa Fund 15,700 $ 302,937 - (11,900) (291,038) 15,699 214 LLD 14 Sycamore Ranch Fund 31,068 $ 56,147 - (4,217) (51,931) 31,067 215 LLD 15 Greer Ranch Fund 37,773 $ 118,547 - (635) (117,412) 38,272 216 LLD 16 Mapleton Fund 420,950 $ 638,496 - (16,925) (619,071) 423,450 217 LLD 17 Country Gate Fund 127,193 $ 65,067 - (4,217) (65,120) 122,923 218 LLD 18 Vineyards Fund 135,785 $ 109,830 - (3,177) (112,367) 130,072 219 LLD 19 Murrieta Oaks Fund 355,527 $ 417,421 - (10,455) (434,158) 328,335 220 LLD 20 Blackmore Ranch Fund 293,509 $ 173,293 - (3,581) (228,029) 235,192 221 LLD 21 Northstar Ranch Fund 566,670 $ 309,692 - (11,264) (293,927) 571,171 222 LLD 22 US Homes Fund 5,432 $ 7,381 - (347) (7,035) 5,431 223 LLD 23 Creekside Village Fund 280,150 $ 198,480 - (5,083) (192,898) 280,648 224 LLD 24 Springbrook Fund 12,935 $ 36,609 - (1,675) (34,685) 13,183 225 LLD 25 Golden Cities Fund 707,123 $ 295,571 - (3,004) (396,573) 603,117 226 LLD 26 Murrieta Field Fund 26,607 $ 11,972 - (1,560) (10,332) 26,688 11/8/2023
1 189
Estimated Ending Fund Balances on September 30, 2023
Fund No. Fund Description Beginning Balance Estimated Revenues Transfers In Transfers Out Estimated Expenditures Estimated Ending Balance* 227 LLD 27 Hunter Ridge Fund 266,250 $ 93,379 - (2,599) (90,380) 266,650 228 LLD 28 Lantana 10,804 $ 67,866 - (1,562) (66,306) 10,802 229 LLD 29 Gallery Esstates 9,642 $ 9,119 - - (9,069) 9,692 302 Measure A Fund 8,882,672 $ 2,645,000 - (726,900) (41,300) 10,759,472 306 State Gas Tax (HUTA) Fund 10,428,482 $ 4,119,700 - - (2,836,082) 11,712,100 307 SB1 Road Maintenance and Rehab 5,129,219$ 2,107,697 - - - 7,236,916 316 Developer Agreement Fund 1,849,797 $ 25,000 - - (2,000) 1,872,797 319 Reimbursement Agreement Fund (19,450) $ - - - - (19,450) 322 Low Mod Income Housing Fund 12,581,996 $ 50,500 - - (103,619) 12,528,877 323 Housing Authority 992,537 $ - - - (3,900) 988,637 336 Air Quality Management Fund 692,973 $ 147,000 - - (250) 839,723 338 Opioid Settlement Fund - $ - - - (166,500) (166,500) 341 Community Development Block Gr (181,647)$ 590,000 - - (104,000) 304,353 353 Recycling Grant Fund 71,312 $ 52,490 - - (25,050) 98,752 354 Projects Funded Via Grants Fun 70,446 $ - - - - 70,446 355 OTS Grant Fund (20,683) $ 210,000 - - (210,000) (20,683) 357 Library Grant Fund 3,470 $ 66,745 - - (66,745) 3,470 358 Other State Grants Fund 57,056 $ - - - (113,622) (56,565) 359 RCTC Grant - $ 3,000,000 - - (3,000,000) - 361 Federal Grant - DOJ (12,965) $ 1,096 - - (1,096) (12,965) 371 Federal Funding-Toll Credits (0) $ - - - - (0) 376 Homeland Security - Federal Gr (121,114) $ - - - - (121,114) 374 ARPA Federal Grant Fund 78,072 $ - - - (21,912) 56,160 377 Federal Grant FEMA-EMPG (1,133,109) $ 225,716 - - (690,901) (1,598,294) 380 State Transportation Imp Fund (72,986) $ - - - - (72,986) 382 Federal-STP MAP 21 - $ - - - - - 402 Seized Assets Fund-State 118,939 $ 8,420 - - (117,482) 9,877 403 Seized Assets Fund-Federal DOJ 799,888 $ - - - (358,765) 441,123 404 Seized Asset Fnd-Fed Treasury 190,508 $ 650 - - (40,508) 150,650 405 Undercover Operations 37,611 $ - - - - 37,611 411 Supplemental Law Fund 222,826 $ 281,561 - - (293,401) 210,985 431 NPDES CSA 152 Fund 1,390,937 $ 492,700 300,000 - (1,396,625) 787,012 451 City Wide Debt Service (0) $ - 577,646 - (577,650) (4) 502 SuccessrAgncy-2005 TABS Residu 156,306$ - - - - 156,306 511 Obligation Payment Fund 344,128 $ - - - - 344,128 512 Obligation Pmt Fund 2005 TABs (9,712) $ - - - (500) (10,212) 513 Obligation Pmnt Fnd 2007 TABs 1,975,629 $ - - - (600) 1,975,029 551 Area Drainage Fund 5,622,926 $ 170,000 - - (4,200) 5,788,726 576 CFD'S Bond Proceeds 1,583,674 $ 2,500 - - - 1,586,174 601 SuccessrAgncy-TaxIncr-Residual 21,779 $ 167,000 - - (46,800) 141,979 602 SuccessrAgency RPTTF Debt Serv (32,803,607)$ 2,841,694 - - (2,813,675) (32,775,588) 655 2020A LRB Debt Service Fund 1,946 $ 50 726,900 - (726,900) 1,996 656 MFA (LARB 2016A) 40,046,708 $ - - - (3,615,258) 36,431,450 657 MFA (LARB 2016B) 7,210,784 $ - - - (630,088) 6,580,697 658 MFA (LARB 2022) 30,563,488 $ - - - (3,495,300) 27,068,188 659 MFA (STRRB 2012) 218,196 $ - - - - 218,196 701 Risk Management Fund (4,054,006) $ 11,430,564 - - (10,906,215) (3,529,657) 715 Vehicle Replacement Fund 1,062,645 $ 6,000 - - (340) 1,068,305 726 Information Services/GIS Fund 4,670,318 $ 4,568,594 - - (4,717,366) 4,521,546 810 Mur Valley Town Hall Endowment 502,699 $ 5,000 - - (5,000) 502,699 811 Community Facilities Districts (3,643,906) $ 9,674,724 - - (1,934,078) 4,096,740 812 Com. Facilities Dist Formation 26,777 $ - - - - 26,777 Sum of All Other Funds 149,334,320 $ 54,241,184$ 2,222,971$ (1,323,305)$ (47,445,831)$ 157,029,339$ Sum of All Funds 252,839,351 $ 176,525,408$ 12,443,508$ (12,545,219)$ (171,396,090)$ 257,866,958$ *The available fund balance may be less than the amount shown on this report due to other commitments and/or funds restricted for other purposes 11/8/2023
2 190
Fiscal Year 2023/24 First Quarter
Budget Update
Presented by Jennifer Terry, Finance Manager
Geovanny Calvopina, Financial Analyst
November 21, 2023, City Council Meeting, Agenda Item No.8 Received After Agenda Printed
11/21/23 - Regular Meeting
Item 8 - Staff Presentation
191
Overview
• 1st Year of the Biennial (two-year) Budget
• First Quarter Updates (7/1/23-9/30/23)
• Year-to-Date Revenues & Expenditures
• Quarter-to-Quarter Comparisons
• Approval of First Quarter Budget Adjustments
• Request to Appropriate Sustainability Reserves
• Future Budget Updates
Fiscal Year 2023/24 First
Quarter Budget Update
192
Citywide Overview- Revenue & Expenditures with Proposed Budget Fiscal Year 2023/24 First Quarter Budget Update
FY 2023/24
Amended Budget
YTD thru
9/30/2023
% Received
thru 9/30/2023
Proposed
Adjustments
FY 2023/24
Proposed
Amended Budget
Revenues
Taxes-Sales Tax 58,450,800$ 4,255,959$ 7% -$ 58,450,800$ Taxes-Property 29,257,137 - 0% - 29,257,137 Charges for Services 21,150,219 2,825,715 13% - 21,150,219 Other Misc Revenue 19,347,771 12,717,102 66% - 19,347,771 Transfer In 12,443,508 10,157 0% - 12,443,508 Special Assessments 11,604,336 92,993 1% - 11,604,336 Taxes-VLF/Property Tax Comp 9,830,800 - 0% - 9,830,800 Tax-Special Tax 9,674,724 4,879 0% - 9,674,724 Taxes-Franchises 4,710,000 3,825 0% - 4,710,000 Taxes-Other 4,049,700 547,786 14% - 4,049,700 Taxes-Transient Occupancy Tax 3,955,000 330,362 8% - 3,955,000 License/Permit Fees 1,918,875 556,240 29% - 1,918,875 Taxes-Business Licenses 1,014,700 304,715 30% - 1,014,700 Taxes-Property Transfer 800,000 90,999 11% - 800,000 Chrg for Svc-Waste Management 550,000 - 0% - 550,000 Chrg for Svc-ApplealslAdmin Fee 250 - 0% - 250 Loan/Bond/Lease Proceeds - 2,300 100% - - Total Revenue 188,757,820$ 21,743,031$ 12% -$ 188,757,570$ FY 2023/24
Amended Budget
YTD thru
9/30/2023
% Used
thru
9/30/2023
Proposed
Adjustments
FY 2023/24
Proposed
Amended Budget
Expenditures
Personnel Costs 89,518,515$ 16,709,348$ 19% 5,465,843$ 94,984,358$ Operations & Maintenance 59,425,261 9,326,295 16% 805,611 60,230,872 Capital Outlay 5,951,717 1,404,948 24% 542,850 6,494,567 Allocations 9,859,971 1,116,773 11% - 9,859,971 Transfer Out 12,443,508 10,157 0% - 12,443,508 Total Expenditures 177,198,972$ 28,567,521$ 16% 6,814,304$ 184,013,276$ Contribution to/(Use of) Fund
Balance 11,558,849$ 4,744,295$
CITYWIDE
193
• 12% of Revenue Budget Collected to
Date
• Most Significant Revenue Sources
• Certain Revenues are Collected
Periodically Throughout the Year
Citywide Overview- Revenue Year-to-Date
Fiscal Year 2023/24 First Quarter Budget Update
FY 2023/24
Amended Budget
YTD thru
9/30/2023
% Received
thru 9/30/2023
Revenues
Taxes-Sales Tax 58,450,800$ 4,255,959$ 7% Taxes-Property 29,257,137 - 0% Charges for Services 21,150,219 2,825,715 13% Other Misc Revenue 19,347,771 12,717,102 66% Transfer In 12,443,508 10,157 0% Special Assessments 11,604,336 92,993 1% Taxes-VLF/Property Tax Comp 9,830,800 - 0% Tax-Special Tax 9,674,724 4,879 0% Taxes-Franchises 4,710,000 3,825 0% Taxes-Other 4,049,700 547,786 14% Taxes-Transient Occupancy Tax 3,955,000 330,362 8% License/Permit Fees 1,918,875 556,240 29% Taxes-Business Licenses 1,014,700 304,715 30% Taxes-Property Transfer 800,000 90,999 11% Chrg for Svc-Waste Management 550,000 - 0% Chrg for Svc-ApplealslAdmin Fee 250 - 0% Loan/Bond/Lease Proceeds - 2,300 100% Total Revenue 188,757,820$ 21,743,031$ 12%
CITYWIDE
194
Citywide Overview- Revenue Quarter to Quarter Comparison Fiscal Year 2023/24 First Quarter Budget Update
FY23 YTD
thru 9/30/2022
FY24 YTD
thru 9/30/2023
$ Change Over
Base Year
% Over
Base Year
Revenues
Other Misc Revenue 10,836,234 12,717,102 1,880,868 17% Taxes-Sales Tax 4,408,074 4,255,959 (152,116) -3% Charges for Services 3,657,101 2,825,715 (831,386) -23% License/Permit Fees 793,714 556,240 (237,475) -30% Taxes-Other 522,719 547,786 25,066 5% Taxes-Transient Occupancy Tax 291,949 330,362 38,414 13% Taxes-Business Licenses 223,601 304,715 81,114 36% Special Assessments 90 92,993 92,903 103479% Taxes-Property Transfer 142,196 90,999 (51,197) -36% Transfer In 2,361,356 10,157 (2,351,199) -100% Tax-Special Tax - 4,879 4,879 0% Taxes-Franchises 895 3,825 2,930 328% Loan/Bond/Lease Proceeds - 2,300 2,300 0% Chrg for Svc-Waste Management 350,000 - (350,000) -100% Taxes-Property 16,844 - (16,844) -100% Taxes-VLF/Property Tax Comp - - - 0% Chrg for Svc-ApplealslAdmin Fee - - - 0% Total Revenue 23,604,774$ 21,743,031$ (1,861,743)$ -8%
CITYWIDE
195
Revenue (Sales Tax)
Fiscal Year 2023/24 First Quarter Budget Update
196
Citywide Overview- Revenue Types
Fiscal Year 2023/24 First Quarter Budget Update
197
• 16% Expended
• Personnel Budget Includes
Several Unfilled Positions
• One Month Delay in Billing
for Services
• Timing of Expenditures
Varies throughout the Year
Citywide Overview- Expenditure Year-to-Date
Fiscal Year 2023/24 First Quarter Budget Update
FY 2023/24 Amended
Budget
YTD thru
9/30/2023
% Used
thru
9/30/2023
Expenditures
Personnel Costs 89,518,515$ 16,709,348$ 19% Operations & Maintenance 59,425,261 9,326,295 16% Capital Outlay 5,951,717 1,404,948 24% Allocations 9,859,971 1,116,773 11% Transfer Out 12,443,508 10,157 0% Total Expenditures 177,198,972$ 28,567,521$ 16%
CITYWIDE
198
Citywide Overview- Expenditure Quarter to Quarter Comparison Fiscal Year 2023/24 First Quarter Budget Update
FY23 YTD
thru 9/30/2022
FY24 YTD
thru 9/30/2023
$ Change Over
Base Year
% Over
Base Year
Expenditures
Personnel Costs 15,160,257$ 16,709,348$ 1,549,091$ 10% Operations & Maintenance 19,778,662 9,326,295 (10,452,367)$ -53% Capital Outlay 1,016,469 1,404,948 388,479$ 38% Allocations 1,773,706 1,116,773 (656,932)$ -37% Transfer Out 2,361,356 10,157 (2,351,199)$ -100% Total Expenditures 40,090,450$ 28,567,521$ (11,522,929)$ -29%
CITYWIDE
199
Proposed Budget Adjustments
Fiscal Year 2023/24 First Quarter Budget Update
• $681k Developer Agreement
• $56k Santa Stops Program
• $38k Freeway Signs
• $505k CIP Budget Adjustments
FY 2023/24 Amended
Budget
Proposed
Adjustments
FY 2023/24
Proposed
Amended Budget
Expenditures
Personnel Costs 89,518,515$ 5,465,843$ 94,984,358$ Operations & Maintenance 59,425,261 805,611 60,230,872 Capital Outlay 5,951,717 542,850 6,494,567 Allocations 9,859,971 - 9,859,971 Transfer Out 12,443,508 - 12,443,508 Total Expenditures 177,198,972$ 6,814,304$ 184,013,276$
CITYWIDE
200
Sustainability Reserves
Fiscal Year 2023/24 First Quarter Budget Update
Estimated
Beginning
Fund Balance
Contribution to
Res erves
General Fund
Contribution to
Res erves
Meas ure T
Fund
Contribution to
Res erves
Information
Services Fund
Us e of Res erves
General Fund
Use of
Res erves
Meas ure T
Fund
Us e of Res erves
Information
Services Fund
Estimated
Ending Fund
Balance
General Fund Operating Reserves - 30% 16,795,491 3,620,839 - - - - - 20,416,330 Measure T Operating Reserves - 30% 3,812,350 - 1,120,458 - - - - 4,932,808 Fire District Operating Reserves - 30% 5,605,198 - 1,609,391 - - - - 7,214,589 CSD Operating Reserves - 30% 1,089,062 - 491,704 - - - - 1,580,766 Library District Operating Reserves - 30% 747,833 - 246,152 - - - - 993,985 Total Operating Reserves 28,049,933 3,620,839 3,467,705 - - - - 35,138,477 Economic Contingency (110) 4,510,443 45,273 - - - - - 4,555,716 Economic Contingency (111) 2,544,284 - - - - - - 2,544,284 Fleet Replacement (111) 1,153,000 2,000,000 300,000 - - - - 3,453,000 Fire Fleet Replacement (111) 2,415,443 - 1,400,000 - - - - 3,815,443 Fleet Replacement (715) 1,015,909 - - - - - - 1,015,909 Total Fleet Replacement 4,584,352 2,000,000 1,700,000 - - - - 8,284,352 Information Services (726) 282,000 - - - - - 282,000 Total Information Services 282,000 - - - - - - 282,000 Facility Repair (111) 1,100,000 - 800,000 - - (450,000) - 1,450,000 CSD Facility Repair (111) 1,105,850 4,500,000 - - - - 5,605,850 CSD Facility Repair (110) 2,000,000 - 2,000,000 Fire Facility Repair (111) 35,000 900,000 - - - - 935,000 Fire Facility Repair (110) 1,000,000 1,000,000
Information Technology (110) - 1,000,000 - - - - - 1,000,000 Pension 115 Trust (PARS) (111) 3,000,000 2,000,000 5,000,000 Pension 115 Trust (PARS) (110) 2,000,000 2,000,000 OPEB 115 Trust (CERBT) (111) 1,000,000 - - - - 1,000,000 OPEB 115 Trust (CERBT) (110) - 1,000,000 - - - - 1,000,000 Continuing Operations (110) 6,000,000 (4,000,000) 2,000,000 Continuing Operations (111) 25,000 - - - - - 25,000 Totals 45,236,862 18,620,839 14,367,705 - (4,000,000) (450,000) - 73,820,679 Sustainability Reserves Fiscal Year 2023/24
201
Estimated Fund Balance
Fiscal Year 2023/24 First Quarter Budget Update
Fund
Est. Beg.
Unassigned
Fund Bal., 7/1/23
Proposed
Amended
Revenues
Proposed
Amended
Transfers In
Proposed
Amended
Expenditures
Proposed
Amended
Transfers Out Capital Outlay
Use of
Reserves
Transfer to
Reserves
Est. End.
Unassigned Fund
Bal., 6/30/24
General Fund 35,280,022 69,542,037 - (72,197,282) (1,139,715) 98,000 (4,000,000) (18,620,839) 8,962,223 Measure T 20,513,967 30,524,800 (17,366,299) (10,082,199) (1,960,648) (450,000) (14,367,705) 6,811,916 Fire District Fund 34,953 17,088,121 7,131,187 (25,558,229) - - - (1,303,968) CSD Fund (7,661) 2,594,972 2,945,577 (5,434,569) - - - - 98,319 Library Fund 635,960 2,534,294 143,773 (3,393,880) - - - (79,853) Total 56,457,241 122,284,224 10,220,537 (123,950,259) (11,221,914) (1,862,648) (4,450,000) (32,988,544) 14,488,637 Fiscal Year 2023/24
202
Future Budget Updates
• December 2023 Fiscal Year 2022/23 Year-End (4th Quarter)Budget Update • February 2024 Fiscal Year 2023/24 Mid-Year (2nd Quarter) Budget Update • May 2024 Fiscal Year 2023/24 3rd Quarter Budget Update • December 2024 Fiscal Year 2024 Year-End (4th Quarter) Budget Update Fiscal Year 2023/24 First Quarter Budget Update
203
Recommended Actions
• Accept the report;
• Adjust the Fiscal Year 2023/24 Operating Budget as defined in the Fiscal Year 2023/24 First Quarter Proposed Budget Amendments;
• Adjust the Fiscal Year 2023/24 Capital Budget as defined in the Fiscal Year 2023/24 First Quarter Proposed Budget Amendments for projects 08094,13058, 21034, and • Appropriate General Fund Continuing Operations Reserves.
Fiscal Year 2023/24 First Quarter Budget Update
204
CITY OF MURRIETA
City Council Meeting Agenda
Report
11/21/2023
Agenda Item No.
Subject:
Received After Agenda Printed - GBA
CITY OF MURRIETA Printed on 11/22/2023Page 1 of 1
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205
MURRIETA CITY COUNCIL
Governing Body Announcements
Mayor DeForest
November 21, 2023
Received After Agenda Printed
11/21/23 - Regular Meeting
Presentation (GBA)
206
Governing Body Announcements:
Mayor DeForest
November 7, 2023 Attended California Mayors Coalition, Riverside.
November 7, 2023 Met with Ed Sauls for an update on the downtown project.
November 8, 2023 Attended the Field of Honor Candlelight Concert at Town Square Park. 207
Governing Body Announcements:
Mayor DeForest
November 9, 2023 Attended the Southwest Riverside County Association of REALTORS Annual Installation Event at Pechanga.
November 11, 2023 Attended the Vietnam Veterans Memorial Unveiling at Town Square Park. 208
Governing Body Announcements:
Mayor DeForest
November 11, 2023 Attended the Veterans Day Parade, and was honored to drive MSgt. Rachel Hollinger US Air Force and Petty Officer second class Coast Guard Dustin Emter. 209
Governing Body Announcements:
Mayor DeForest
November 13, 2023 Hosted the Southwestern Higher Education Coalition at Mt. San Jacinto College, Temecula Campus.
210
Governing Body Announcements:
Mayor DeForest
November 14, 2023 Attended the Murrieta Youth Center 10-year Anniversary and Rededication ceremony. 211
Governing Body Announcements:
Mayor DeForest
November 15, 2023 Presented a Certificate to Calhoun’s Texas Barbeque, in recognition of Assemblywomen Sanchez Small Business of the year in Downtown Murrieta. 212
Governing Body Announcements:
Mayor DeForest
November 15, 2023 Attended Cal Cities Meeting-Mayor via Zoom.
Various Dates
Met with Planning on proposed projects.
Met with staff for an update on Hillside Ordinance.
Attended a quarterly meeting with Supervisor Washington and City Manager- French Valley.
Attended Downtown Murrieta Farmers Market Night.
Met with several City staff on issues and ideas.
Met with several community members about issues, ideas, and questions. 213
If you need to reach me, please feel free to contact
me via email at [email protected]
or for faster response call or text me at
(951) 323-8497
Governing Body Reports:
Mayor DeForest
214
MURRIETA CITY COUNCIL
Governing Body Announcements
Council Member Warren
November 21, 2023
Received After Agenda Printed
11/21/23 - Regular Meeting
Presentation (GBA)
215
Governing Body Announcements:
Council Member Warren
November 9, 2023 Attended the Murrieta/Wildomar Chamber of Commerce Networking Breakfast.
November 11, 2023 Participated in the Murrieta Veteran’s Parade / Vietnam Veteran’s Memorial Unveiling. 216
Governing Body Announcements:
Council Member Warren
217
Governing Body Announcements:
Council Member Warren
November 13, 2023 Attended Miss April’s Dance Salute to America Dance Recital. 218
Governing Body Announcements:
Council Member Warren
November 14, 2023 Attended the 10th Anniversary Rededication Ceremony for the Murrieta Youth Center.
November 15, 2023 Attended Youth in Government Day at City Hall with 2nd Graders from Buchanan Elementary School.
November 15, 2023 Attended the Small Business of the Year presentation by Assemblywoman Kate Sanchez, honoring Calhoun Family Texas Barbeque in downtown Murrieta.
219
ENDPOINT MANAGED DETECTION AND RESPONSE SERVICES AGREEMENT TRACEPOINT, L.L.C.
THIS ENDPOINT MANAGED DETECTION AND RESPONSE SERVICES AGREEMENT (the “Agreement”) is effective __________________________ (the “Effective Date”), by and between TRACEPOINT, LLC, a Delaware limited liability company, with offices located at 10300 Spotsylvania Avenue, Suite 230, Fredericksburg, Virginia, 22408 (the “Contractor” or “Tracepoint”), and CITY OF MURRIETA (the “Client”).
RECITALS:
WHEREAS, Tracepoint possesses technical expertise in the field of endpoint managed detection and response services (“EMDR”);
WHEREAS, Client desires to engage Tracepoint to provide EMDR services in accordance with the scope of work, delivery schedule, and/or other requirements as detailed in the attached Statement of Work executed between Tracepoint and Client;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties, each intending to be legally bound hereby, do promise and agree as follows:
DEFINITIONS:
All definitions below shall apply to this Agreement and each Statement of Work (“SOW”):
• “Advanced Incident Response” is any activity that results from an attack that requires reverse engineering, custom threat research, onsite support at a Client location, coordination of remediation activities across multiple systems or response to a historic embedded attack. • “Client Information” means any information, records, data, or any other materials (in whatever form) entered into the Software or Third Party Software by Client or any User. • “Compromise” is an Inciden t ranging from an individual/small -scale operation (e.g., insiders, suppliers and activists) to large -scale, organized efforts (e.g., perpetrated by criminal networks and/or foreign governments).
• “Incident” is the presence of malicious software such as Trojans, worms, viruses and spyware; password phishing; cyber -attack; cyber-intrusion; hacking; data breach; unauthorized access; denial of service; malware; bots; system Compromise or other computer security breach. • “EMDR” s ervices include validation of alerts generated by the Third Party Software, delivering notification to Client of legitimate threats identified from an a lert, monitoring of Third P arty Software to ensure it is up to date, running and operating as expected. Identification of legitimate threats without the aid of an alert is considered Threat Hunting. Responses that require reverse engineering, customer threat research, on -site support at a Client location, coordination of remediation activities across multipl e systems or response to a historic embedded attack is considered Advanced Incident Response.
DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A June 27, 2022
DocuSign Envelope ID: 81E8059D-2D61-42BA-9A05-80CD51B6626C 30220
• “Threat Hunting” is a proactive service designed to identify attacks independent of an alert generated from any other service.
● “User” shall mean any individ ual affiliated with Cli ent, that gains access to the EMDR Services or that transmits any data to or through EMDR Services as a result of an SOW.
AGREEMENT:
1. RESPONSIBILITIES OF CLIENT.
A. Client has engaged Tracepoint to provide EMDR services (the “Services”) in accordance with one or more SOWs executed between Client and Contractor. Nothing herein shall prevent Tracepoint from engaging qualified third -parties and/or subcontractors to pe rform some or all of the Services required hereunder.
B. Client is responsible for (a) determining whether to perform any response and/or remediation recommended by Contractor in the course of the EMDR Services provided; (b) obtaining all necessary rights and permissions from Users; (c) having its own connection to the Internet through one or more Internet service providers of Client’s choice in order to access the Services; and (d) acknowledging and agreeing to the provisions provided in this Agreement pertaining to the use of Third Party Software.
C. As directed by Contractor, Client shall (a) deploy all end points and ensure that network connectivity is est ablished to enable the EMDR Services to be performed; (b) identify (and update as necessary) a primary contact that is reachable by Contractor at all times that possesses decision-making authority, to handle all communications involved with this Agreement; (c) provide information and ensure access as requested by Contractor in connection with the E MDR Services; (d ) take certain actions as requested by Contractor, including but not limited to: (i) imaging hard drives and/or other memory; (ii) collecting malware/forensic artifacts; (iii) reconstructing adversarial activity; (iv) assessing end points for infection; (v) collecting any data or forensic information related to the EMDR services including Internet browsing histories, registries, process monitoring, and file system usage; (e) ensure the accuracy, quality, integrity, legality, reliability, appropriateness, completeness, creation, maintenance, and updating o f all Client Information; and (f) enable and keep functional all technical requirements including but not limited to telemetry and connectivity required to perform the EMDR service. If, through commercially reasonable efforts, Client is not able to accomplish (a) through ( f) of this paragraph, Contractor shall not otherwise be in breach of such obligations and the Parties acknowledge that the EMDR Services may be degraded in functionality.
D. Client agrees to be bound by the end user license agreement for Third Party Software located at https://www.CarbonBlack.com/license-agreements/. Client shall not, or knowingly permit any third party to: (i) decompile, reverse engineer, copy, or disassemble the Third Party Software; (ii) modify, destroy, rent, lease, loan, sell, or distribute all or any part of the Third Party Software, or documentation; and/or (iii) create derivative works based in whole or in part upon the Third Party Software. This Section shall survive any expiration or termination of this Agreement. Contractor expressly disclaims all express or implied warranties and/or guarantees with respect to the performance or reliability of such Third Party Software. Client is solely responsible for the approval and vetting of all Third Party Software used by Contractor to provide Services pursuant to this Agreement.
DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A DocuSign Envelope ID: 81E8059D-2D61-42BA-9A05-80CD51B6626C 31221
E. Unless otherwise agreed, Contractor shall have no duty and shall not be responsible for:
(a) retaining any data, in its reasonable discretion, associated with the performance of EMDR services; (b) maintaining chain of custody of any Client I nformation, data, or findings for any purpose, including, but not limited to, pending or future litigation or investigation; (c) implementing any recommended remediation tasks related to an Incident or arising from standard viruses, malware, or other issues unrelated to an Incident; (d) implementing any identified or recommended improvements to prevent future Incidents that are not part of Contractor’s scope of services under this Agreement; and/or (e) unless contracted under the terms of the SOW, initiating Threat Hunting or Advanced Incident Response to a discovered Compromise or Incident.
F. Client hereby acknowledges that the configuration of Client’s environment, such as use of third-party spam filters or software, may require Contractor to alter the standard deployment of EMDR Services and may affect the effectiveness or ac curacy of such Services. Client shall promptly notify Contractor of any change to Client’s software, hardware or configuration of the environment that may impact performance of the EMDR S ervices. Client acknowledges that Third Party Software may need to be installed in Client’s environment to enable Contractor's performance of the EMDR Services.
G. Client understands and acknowledges that Contractor’s successful completion of the EMDR Services, and/or any work product delivered under this Agreement may include and require use by Client of Third Party S oftware and/or hardware products. Unless otherwise agreed by the Parties in writing, Client shall be solely responsible for procuring, obt aining, installing, configuring, testing and making operational such Third Party Software and/or hardware products and any rights or licenses to use and incorporate into its systems such Third Party S oftware and hardware products, including without limitation the right to make such Third Party Software and hardware products available to Contractor as necessary to enable Contractor (or Contractor’s designee) to perform EMDR Services; and Contractor undertakes no obligation to procure or provide to Client or to install, configure, test or make operational such Third Party Software and hardware products. Contractor makes no warranties or representations hereunder, express or implied, as to the quality, capabilities, operations, performance or suitability of any Third Party Software and hardware products including the ability to integrate with any software developed for Client; and the quality, capabilities, operations, performance and suitability of Third Party Software and hardware products lies solely with Cli ent and the vendo r of the Third Party Software and hardware products. No hardware, equipment, software or licenses shall be purchased by Contractor for the performance of EMDR services, other than the items described the SOW.
H. If Contractor’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Client or its agents, subcontractors, consultants, employees, vendors, or other third parties, Contractor shall not be deemed in breach of its obligati ons under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Client, in each case, to the extent arising directly or indirectly from such prevention or delay. Contractor will not independently investigate or verify any data, material, and other information furnished by Client or at its request or direction and Contractor shall be entitled to rely upon the accuracy and completeness of such data, material and other information.
I. Contractor acknowled ges that its performance of its obligations pursuant to this Agreement is necessary for the successful completion of this engagement. Any failure by Client to perform its obligations that, in Contractor's good faith judgment, prevents or materially hinders Contractor’s performance of the Services, is a breach of this Agreement.
DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A DocuSign Envelope ID: 81E8059D-2D61-42BA-9A05-80CD51B6626C 32222
2. TERM OF THE AGREEMENT.
A. The term for this Agreement shall commence on the date the last Party executes the applicable SOW and continue for twelve (12) months (the “Initial Term”). Each SOW may renew for an additional one -year term (“Renewal Term”) upon written agreement of both parties , subject to the applicable Fees thereunder. The Initial Term and Renewal Term(s) shall be referred to as the “Term”. This Agreement and any SOW hereunder may be terminated in accordance with the provisions of the Agreement.
B. Upon any termination, Client shall immediately cease use of all of Contractor’s Confidential Information and Third Party Software not otherwis e licensed by Client. Contractor is expressly permitted to retain malware or forensic data related to malware generated during performance of EMDR Services.
C. Contractor shall have the right to unilaterally modify or discontinue any Service covered by this Agreement upon thirty (30) days written notice to the Client. In such case, the fees for the modified or discontinued Service shall be reduced proportionately.
3. STATEMENT OF WORK.
A. All work performed by Contractor shall be in accordance with a Statement of Work (“SOW”) in the format attached hereto as Appendix 1. Each SOW shall include payment rate, statement of work, specifications, deliverables, schedule, and/or other provisions as deemed appropriate. Each SOW shall not be binding on the parties until executed by Contractor and Client at which time they will be made a part of this Agreement. In the event any provisions of the SOW(s) conflict with provisions of this Agreement, the respective SOW shall control. Contractor is not authorized to perform any work without the express permission of Client. An SOW may be amended only upon mutual written agreement of the Parties.
4. RESPONSIBILITIES OF CONTRACTOR.
A. EMDR is an endpoint -based managed detection and response service powered by VMware Carbon Black where endpoint agents (“Third Party Software”) are deployed in a client environment to analyze activity on individual endpoints in an effort to identify maliciou s activity and enable the ability to (i) terminate specific malicious processes on identified endpoints or (ii) remove specific malicious files from identified endpoints.
B. Contractor (or Contractor’s designee) shall perform E MDR Services in Client’s environment for the Initial Term and for any Renewal Term, as follows:
1) Contractor will monitor and evaluate applicable alerts within four (4) hours of an alert being generated. If Contractor, at its sole discretion, determines that an alert is a legitimate threat to the security of Client’s environment, Contractor will provide Client w ith notification of the threat. If Contractor determines that an alert is a “false positive” or that it otherwise poses no legitimate threat to Client’s environment, Contractor shall have no obligation to provide an alert analysis.
DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A DocuSign Envelope ID: 81E8059D-2D61-42BA-9A05-80CD51B6626C 33223
2) Alert details will on ly contain information available to Contractor. For example, the actual source IP address for an alert may be obscured from Contractor by infrastructure within Client’s environment such as proxy servers. Determination of the actual source of an alert may require investigation by Client. 3) In addition to the threat notifications described above, Contractor may provide Client basic reporting information about the services performed, such as the number of events processed, and the number of alerts generated in a certain time period. Except as explic itly outlined in this Agreement , Contractor shall have no reporting or deliverable obligations to Client. The notification of the threat is not subject to any formal acceptance procedures.
C. Contractor represents and warrants that EMDR Services performed pursuant to this Agreement shall be performed in accordance with industry standards by individuals well qualified to perform such work. However, considering the nature of the EMDR Services provided, Client acknowledges and agrees that Contractor can make no warranty or guarantee of a certain result or outcome or that Client’s data will not be lost or comprised while Services are performed . Notwithstanding any clause in this Agreement to the con trary, it is agreed that Contractor expressly disclaims all express or implied warranties and guarantees with respect to the performance of EMDR Services.
D. Client understands and acknowledges that:
1) Contractor is not a law firm or auditor and does not provide legal advice or “audit/attest” services of any kind. No attorney -client or legally privileged relationship exists or will be formed between Contractor and Client. None of the Services or any d eliverables will constitute any legal opinion or advice.
2) Contractor is not an adviser with associated fiduciary obligations.
3) Contractor will not make any decisions on behalf of Client . T he implementation of any advice and /or recommendations provided by Contractor is in the Client’s sole discretion. Client is responsible for all management decisions relating to the Services, the use or implementation of the output of the Services, and for determining whether the Services are appropriate for Client’s purposes. Contractor will not render an attestation or assurance report or opinion under this Agreement, nor will the Services constitute an audit, compliance review, examination, or other form of attestation.
4) Client acknowledges that it remains solely responsible for maintaining its own compliance with any state, federal or other regulatory standards.
Tracepoint will not be liable for any fees, fines, penalties, or consequences rising from any regulatory or statutor y compliance requirements.
E. Client specifically acknowledges that certain aspects of EMDR are provided or controlled by third parties. At times, actions or inactions caused by third parties can produce situa tions in which connections to EMDR Services may be impaired or disrupted. Although Contractor will use commercially DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A DocuSign Envelope ID: 81E8059D-2D61-42BA-9A05-80CD51B6626C 34224
reasonable efforts that it deems appropriate to remedy and avoid impaired or disrupted EMDR Services, Contractor cannot and does not guarantee that impairments and disruptions will not occur.
5. COMPENSATION.
A. Contractor shall invoice Client the fees as stated on the applicable SOW. Payment terms are Net 60 days.
B. Client shall reimburse Contractor for all reasonable travel expenses, as well as all shipping, delivery, messenger, materials and any other expenses directly related to the Services which are reasonably and properly incurred by the Contractor in the course of providing the Services herein, and for which Contractor, upon request, provides invoices or other supporting documentation. Contractor shall have the right to require Client to directly pay any unusual or extraordinary expenses. The amount of any such expenses shall be included by Contractor in its monthly invoice.
6. ASSUMPTIONS, DEPENDENCIES AND ADDITIONAL PROVISIONS.
A. The provision of E MDR S ervices is based upon the assumptions, dependencies, warranties, and provisions set forth in this Agreement and, without limiting the generality of the foregoing, this Section 6. If Contractor is requested in writing to deviate from or add services to the EMDR Services contemplated by this Agreement, then the Parties shall negotiate in good faith appropriate an d equitable adjustments to the Services and pricing.
B. Contractor will conduct EMDR S ervices from Contractor’s designated offices. If any member of Contractor’s team has performed work for twelve (12) months onsite at Client’s offices under this Agreement , travel and expenses reimbursement will be considered taxable wages under IRS regulations, and therefore any tax gross-ups will also be submitted for reimbursement by Contractor and paid by Client.
C. Differences of opinion relative to Contractor’s findings, conclusions and recommendations based upon its professional judgment and the information available to it shall not serve as the basis for rejection of Contractor’s work or the withholding of any payments otherwise due.
D. Contractor’s performance of the services may involve the analysis and identification of issues in an environment where risks to Client’s security and responses thereto are evolving and may not be fully understood. The realization of Client’s objective of reducing its vulnerability to security risks is subject to a wide range of factors and can be affected by, among other things, technological, political, and economic developments, and the effectiveness of local and national law enforcement and intelligence agencies. Contractor has no control over such factors. Consequently, Contractor does not guarantee or make any representations or warranties that any conclus ions or recommendations made in connection with Services provided will apply to any future events or to changed circumstances, including whether Client will suffer a cyber attack, cyber incident, and/or loss or exfiltration of data. Contractor has no obligation to update any conclusions or recommend ations made in connection with S ervices provided hereunder to reflect anticipated or unanticipated eve nts or circumstances after the S ervices are completed.
E. Client acknowledges and agrees that Contractor’s access to and use of any of Client’s systems, networks and applications as may be reasonably necessary for the purpose of Contractor’s DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A DocuSign Envelope ID: 81E8059D-2D61-42BA-9A05-80CD51B6626C 35225
performance of the work described herein, including but not limited to tests, simulations or scans conducted by Contractor, could result in disruptions to, including the unavailability of such systems, networks and applications. During the perform ance of Services , Client should maintain alternative communication systems and back up or archival versions of all cu rrent data and applications contained on its information systems, which systems may be tested or otherwise used by Contractor and maintain and fully comply with prudent storage and backup processes and procedures for its systems, networks, data, and applic ations. Client represent s and warrant s that Client has the full power and right and authority to permit Contractor (either directly through subcontractors) to access and use the systems, networks and applications of Client necessary to perform the work described herein. Contractor shall not be responsible for any losses, claims, or liabilities, including but not limited to loss of data, resulting from its access to and use of such systems, network s and applications in accordance with this Agreement, or Client’s failure to fully comply with any back up processes and procedures.
7. REPRESENTATIONS, WARRANTIES AND INDEMNITIES. This Section 7 limits the liabilities arising under this Agreement or any SOW, and is a bargained-for and material part of this Agreement.
A. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, CONTRACTOR (INCLUDING ANY
AFFILIATES, SUB-CONTRACTORS AND AGENTS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICER S (COLLECTIVELY, THE “CONTRACTOR PARTIES”) MAKES NO EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO ANY OF THE SERVICES, SOFTWARE, THIRD-PARTY SOFTWARE,
DELIVERABLES, OR CLIENT REPORTS, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR NON -INFRINGEMENT.
CONTRACTOR DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE. CONTRACTOR PARTIES ARE
NOT PROVIDING ANY IMPLIED OR EXPRESS GUARANTEES OR WARRANTIES THAT THE PROVISION OF THE SERVICES WILL PROTECT O R OTHERWISE SECURE CLIENT’S NETWORK FROM ATTACK OR THAT THE SERVICES PROVIDED WILL NOT RESULT IN CLIENT DATA BEING LOST OR COMPROMISED. FURTHERMORE,
CONTRACTOR PARTIES SHALL NOT BE LIABLE TO THE EXTENT THAT ANY BREACH RESULTS FROM ANY ACT/OMISSION OF CLIENT, OR CLIENT’S EMPLOYEES OR AGENTS.
CONTRACTOR PARTIES DO NOT WARRANT THAT THE EMDR SERVICES WILL BE FREE FROM ANY
IMPAIRMENTS, DISRUPTION, VIRUSES, ERRORS, INTERRUPTION, OR FAILURE, OR SUCH SERVICES WILL
PROTECT CLIENT AGAINST ALL POSSIBLE SECURITY THREATS, INCLUDING WILFUL MISCONDUCT BY THIRD PARTIES OR BY CLIENT OR CLIENT’S EMPLOYEES OR AGENTS. CONTRACTOR PARTIES DO NOT WARRANT THAT EMDR SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT THEY WILL BE INTEROPERABLE WITH CLIENT’S OR ANY THIRD PARTY’S SOLUTIONS, SERVICES, SOFTWARE, OR APPLICATIONS.
B. Client understands that the performance of Services associated with data privacy, security and management present risks that Client’s data may be lost or compromised during the performance of such Services. Contractor Parties expressly disclaim any and all promises, representations, and warranties concerning the estimation of system security or vulnerability, including, but not limited to, any warranty as to the system’s quality, operation, or its fitness for any particular purpose. Further, due to these risks and limitations, the Client acknowledges that Contractor Parties shall in no way be liable to the Client for any reliance the Client places on the estimation of system security provided. 1) Client hereby represents and warrants that it has the legal righ t to grant Contractor Parties access to any and all personal identifiable information and/or other commercially sensitive or non -public information associated with the Services provided, and must be able to provide proof of ownership or show DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A DocuSign Envelope ID: 81E8059D-2D61-42BA-9A05-80CD51B6626C 36226
appropriate express written permission if Client is not the owner of the subject assets and/or information. The Client represents and warrants that Client possesses full legal authority and ownership of any and all such information security assets to be tested, as well as disclosed or revealed personal identifiable information, network data, code, and Client proprietary and confidential property and information. The Client is solely responsible for identifying any exceptions or carve-outs regarding access and ownership of Client’s information security assets, and these exceptions or carve -outs shall (i) be stated clearly by Client and included in the SOW, and (ii) revised in writing as needed by Client during the course of the engagement . Contractor shall assume it has the required permission(s) to access Client’s information security a ssets unless informed of such exceptions and carve-outs by Client or its agent(s) in advance.
2) Client acknowledges that Client has sole responsibility for ad equate protection and backup of Client data and for all aspects of data management and/or data retention and/or equipment used and/or tested in connection with the Services, and will not make a claim against Contractor Parties for any lost data, compromised data, system or data breach, reduction in system up-time or data availability, inaccurate output, loss of network connectivity, work delays, or any lost profits resulting from the performance of Services or the use of Software or third-party Software while performing such Services. Contractor Parties hereby disclaim responsibility for any and all claims of loss or data security arising from or in connection with disruptions of and/or damage t o Client’s information systems and the information and data contained therein arising from or related to the provision of the Services, including, but not limited to, denial of access to a legitimate system user, system breach, data breach, automatic shut-down of information systems caused by intrusion detection software or hardware, loss or compromise of Client data, or failure of the information system resulting from the provision of the Services.
C. In no event shall any party be liable for any indirect, special, exemplary, consequential or punitive damages, or for lost revenue, loss of profits (except for fees due and owing to Contractor), savings, or other indirect or contingent event -based economic loss arising out of or in connection with this Agreement, any SOW, or the Services, or for any loss or interruption of data, technology or services, or for any breach hereof or for any damages caused by any delay in furnishing Services under this Agreement or any SOW, even if a party has been advised of t he possibility of such damages. This mutual waiver shall survive termination or completion of this Contract.
D. To the fullest extent permitted by law, the total liability, in the aggregate, of Contractor Parties to Client, and anyone claiming by, through, or under Client for any claims, losses, costs, or damages whatsoever arising out of, resulting from or in any way related to the Services or this Agreement from any cause or causes, including but not limited to negligence, professional errors and omissions, strict liability, breach of contract, or breach of warranty, shall not exceed the total compensation received by Contractor Parties under this Agreement.
E. Client shall indemnify, defend and hold harmless Contractor Parties from any actual or threatened claims and any losses incurred by Contractor Parties (including as a party or witness in any claim) arising from or related to Client’s use of the Services, Client’s use of any deliverable, any disclosure DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A DocuSign Envelope ID: 81E8059D-2D61-42BA-9A05-80CD51B6626C 37227
of a deliverable by Client to a third party, or any use of, or reliance on, such deliverable by any third party.
If any Contractor Party is requested or required to appear as a witness in any action that is brought by, on behalf of, or against Client or that otherwise relates to Services rendered by the Contractor Parties hereunder, Client agrees to (i) compensate the Contractor Parties for the associated time at the Contractor Parties’ regular rates in effect at the time and (ii) reimburse Contractor Parties for all documented, actual out of pocket expenses incurred by Contractor Parties in connection with such appearance or preparing to appear as a witness, including without limitation, the fees and disbursements of legal counsel of the Contractor Parties choosing. In addition, Contractor Parties will be compensated and reimbursed for any time and expense (including without limitation, fees and expenses of legal counsel of Contractor Parties’ choosing) that Contractor Parties may incur in considering or responding to discovery requests or other formal information requests for documents or information made in connection with any action or in connection with the Services. The foregoing indemnity is not available unless: (a) the Contractor Parties promptly notify Client in writing of any such claim, (b) Client has sole control of the defense and all settlement negotiations related to such claim, and (c) Contractor Parties cooperate with Client, at Client’s request and expense, in defending or settling such claim. Nothing herein shall restrict the right of the Contractor Parties to participate in a claim, action or proceeding through its own counsel and at its own expense.
F. In no event shall Contractor Parties, be liable to the Client for (i) any claims arising out of the COVID-19 Pandemic or other epidemic constituting a national medical emergency, or (ii) any entry by Contractor Parties into any real property or building owned or controlled by Client for the purposes of providing Services pursuant to this Agreement during the COVID -19 Pandemic or any other epidemic constituting a nat ional medical emergency. Client understands and assumes the risks associated with Contractor Parties entering properties owned or controlled by Client during the COVID -19 Pandemic or other epidemic, and hereby releases, waives, discharges, and forever holds Contractor Parties harmless from and against all claims, damages, losses, and suits arising from or in any way connected with the COVID-19 Pandemic or other epidemic, or otherwise associated with the transmission thereof.
8. RESTRICTIVE COVENANTS.
A. Client agrees that at all times during the Term of this Agreement and for one (1) year after termination of this Agreement for any reason , Client shall not, directly or indirectly, whether personally or through agents, associates or co-workers, whether individually or in connection with any corporation, partnership or other business entity and whether as an employee, member, owner, partner, financier, joint venturer, shareholder, officer, manager, agent, independent contractor, consultant, or otherwise, seek to acquire the clients or employees of Contractor for his/her/its own or another entity , within the jurisdiction and/or municipality in which Contractor performs Services pursuant to this Agreement, or any other jurisdiction and/or municipality where Contractor otherwise does business including various states and territories in the continental United States. For the purposes of the restrictive covenants contained in this Section 8 : (i) “clients” shall mean all entities to which Contractor provides Services; and (ii) “Services” shall mean the services identified on each SOW that Contractor provides to Client pursuant to this Agreement.
B. The language of this restrictive covenant has been drafted so as to correspond as nearly as feasible to the requirements of law in effect at the time this Agreement is signed. Any ambiguity in such language, or in the language contained in any part of this restrictive covenant, shall be construed so as to comply with the requirements of applicable laws and so as to render this restrictive covenant enforceable to the fullest extent of the laws of the jurisdiction which it is being enforced.
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C. Client hereby agrees and acknowledges that Contractor has a valid and legitimate business interest in protecting its business from any activity prohibited by this restrictive covenant .
Therefore, Client acknowledges and agrees that a breach of this restrictive covenant in this Agreement by Client cannot be adequately compensated in an action for damages at law, and, in addition to any of the legal remedies to which it may be entitled, equitable relief would be necessary to protect Contractor from a violation of this Agreement and from the harm which this restrictive covenant is intended to prevent.
Client acknowledges that Contractor is entitled, in addition to any other legal remedy it may have under this Agreement or otherwise, to preliminary and permanent injunctive and other equitable relief to prevent and curtail any breach of this Agreement without any requirement to prove actual damages or post a bond and without the necessity of proving irreparable injury. Client acknowledges that no specification in this Agreement of a particular legal or equitable remedy may be construed as a waiver of or prohibition against pursuing other legal or equitable remedies available in the event of a breach or threatened breach of this Agreement by Client. The parties further agree that should any action in law or equity become necessary to enforce or interpret the terms of this Section 8, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which it may be entitled.
9. FORCE MAJEURE.
Except for an ob ligation to pay an amount pursuant to this Agreement or a SOW, neither party shall be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such p arty’s re asonable control and that such p arty is unable to overcome through the exercise of commercially reasonable diligence. If any force maje ure event occurs, the affected p arty will give prompt written notice to the other p arty and will use commercially reasonable efforts to minimize the impact of the event.
10. NOTICE AND PAYMENT.
Any notice required to be given under this Agreement shall be in writing and delivered personally to the other de signated party at the above -stated address or mailed by certifi ed mail, return receipt requested or by overnight delivery from a nationally recognized carrier . Either party may change the address to which notice or payment is to be sent by written notice t o the other under any provision of this paragraph.
11. JURISDICTION.
This Agreement shall be governed in accordance with the laws of the State of Virginia, without regard to its conflicts of law provisions . All disputes under this Agreement shall be resolved in the State and Federal courts having jurisdiction in and for Fredericksburg, Virginia.
12. AGREEMENT BINDING ON SUCCESSORS.
The provisions of the Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
13. ASSIGNABILITY.
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Neither party may assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of the other p arty, which shall not be unreasonably withheld.
14. WAIVER.
No waiver by either p arty of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.
15. SEVERABILITY.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
16. INTEGRATION.
This Agreement , along with any SOW(s) incorporated and integrated herein, constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.
17. CONFIDENTIALITY/HIPAA.
A For the purposes of this Agreement, Client “Confidential Information” means any and all non-public information provided to Contractor by Client, including but not limited to Client’s business and financial data, customer /client lists, internal documents an d related information. Contractor’s “Confidential Information” means any and all non -public information provided to Client by Contractor, including but not limited to Contractor’s business and financial data, customer/client lists, internal documents and related information, including the Software or other digital media produced for or used by Client pursuant to the Services provided by Contractor hereunder or pursuant to an SOW, as well as any other material that is expressly labeled as "confidential." Con fidential Information will not include information that: (i) has become part of the public domain through no act or omission of the recipient, (ii) was developed independently by the recipient, or (iii) is or was lawfully and independently provided to the recipient prior to disclosure by the disclosing party, from a third party who is not and was not subject to an obligation of confidentiality or otherwise prohibited from transmitting such information.
B. Each party will keep the other party's Confidential Information confidential, and will not use or disclose such information to any third party for any purpose except (i) as expressly authorized by the disclosing party in writing, or (ii) as needed to fulfill the recipient's obligations under this Agreement.
If a recipient is required to disclose the Confidential Information to any third party as described in part (ii) of the preceding sentence, then the recipient will ensure that such third party is required, by written agreement, to keep the information confidential under terms that are at least as restrictive as those stated in this Section.
C. Each recipient of Confidential Information will exercise the same degree of care with respect to the Confidential Information it receives as it normally takes to safeguard and preserve its own confidential and proprietary information, which in all cases will be at least a commercially reasonable level of care.
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D. If a recipient of Confidential Information is legally compelled (whether by deposition, interrogatory, request for documents, subpoena, civil investigation, demand or similar process) to disclose any of the Confidential Information, the recipient will immediately notify the disclosing party in writing of such requirement so the disclosing party may seek a protective order or other appropriate remedy and/or waive the recipient's compliance with the provisions of this Section. The recipient will use its best efforts, at the disclosing party's expense, to obtain or assist the disclosing party in obtaining any s uch protective order. Failing the entry of a protective order or the receipt of a waiver hereunder, the recipient may disclose, without liability hereunder, that portion (and only that portion) of the Confidential Information that the recipient has been advised by written opinion of counsel reasonably acceptable to the disclosing party that it is legally compelled to disclose.
E. To the extent applicable to this Agreement, Contractor and Client shall comply with the Health Insurance Portability and Accountability Act of 1996 and the regulations promulgated thereunder (“HIPAA”) and Subtitle D of the Health Information Technology for Economic and Clinical Health Act (“HITECH”), which is Title XIII of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) and any regulations promulgated thereunder, all collectively referred to herein as “HIPAA Requirements.” No party use or further disclose any Protected Health Information (as defined in 45 C.F.R. § 164.501) or Individually Identifiable Health Information (as defined in 42 USC § 1320d), other than as permitted by HIPAA Requirements and the terms of this Agreement. As may be required under HIPAA Requirements, Contractor and Client shall execute a standard form Business Associate Agreement in association with any Services rendered to Cl ient that may require such Agreement . In such instance, Client shall provide Contractor with its standard form Business Associate Agreement, which Contractor shall execute without reasonable delay.
18. INDEPENDENT CONTRACTOR.
Contractor is an independent contractor and not an employee of Client. In the performance of the work, duties and obligations devolving upon the Contractor under this Agreement, it is mutually understood and agreed that the Contractor is at all times acting and performing as an independent contractor. The Contractor and Client understand and agree that (a) Contractor shall not participate in any benefit program provided by Client for its employees; (b) Client will not withhold on behalf of Contractor any sums for income tax, unemployment insurance, social security, or any other withholding pursuant to any law or requi rement of any governmental body; and (c) that all such withholdings and benefits, if applicable, are the sole responsibility of the Contractor. Nothing herein shall give any party any right or duty to share in the losses or profits of the other party.
19. DISPUTE RESOLUTION.
The parties agree to make a good faith effort to settle any dispute, controversy, claim or other matters in question arising between or among them or under or related to this Agreement, including all issues of fact and law (the “Dispute”). In settling any Dispute, the parties shall act in accordance with the following procedures:
A. Upon written notice by either party of any dispute that arises out of or relates to this Agreement (the “Dispute”), the parties shall attempt to resolve it promptly by negotiation between a representative from each party who has the authority to settle the Dispute. This process should be completed within thirty 30 days of written notice of the Dispute (the “Negotiation Period”).
B. In the event the parties do not settle the Dispute within the Negotiation Period (or within such other deadline to which the parties have mutually agreed), the Parties shall then try in good faith to DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A DocuSign Envelope ID: 81E8059D-2D61-42BA-9A05-80CD51B6626C 41231
settle the Dispute by mediation under the Commercial Mediation Rules of the A merican Arbitration Association. Either party may initiate the mediation process by written notice to the other party. Each Party shall pay equally the fees and related expenses incurred in connection with such mediation.
C. Any Dispute not resolved thro ugh negotiation or Mediation in accordance with (A) and (B) above, the parties hereby elect to resolve any dispute hereunder by binding arbitration. The arbitration shall be conducted in Fredericksburg, Virginia, in accordance with the rules of the America n Arbitration Association then in force (the “Rules”). The Party seeking relief shall serve upon the other party a written demand for arbitration stating the substance of the dispute and the contention of the party requesting arbitration. The party seekin g relief shall also apply to the American Arbitration Association for appointment of an arbitrator in accordance with the Rules. Should the party seeking relief fail or refuse to appoint an arbitrator within twenty (20) days of service of the written dema nd, any party may apply for appointment of the arbitrator. The arbitrator shall conduct a hearing on the dispute where both parties will be permitted to present evidence and argue their case in accordance with the Rules. The parties to the dispute shall abide by the written decisions or awards rendered in the arbitration proceedings, and all such decisions or awards may be enforced and executed upon judicially. The parties to the Dispute shall divide equally the administrative charges, arbitrator’s fees, and related expenses of arbitration, but each Party to the dispute shall pay its own legal fees incurred in connection with any such arbitration.
D. The parties hereto submit to the jurisdiction and venue of the state and federal courts having jurisdi ction in and for Fredericksburg, Virginia, for both judicial remedies and for the judicial enforcement of an arbitration award. Notwithstanding anything contained in this Section to the contrary, this Section shall not preclude either party from petitioning the court for injunctive relief in the form of temporary restraining order or other protective order for alleged violations of the restrictive covenants contained in the Agreement.
20. REQUIRED DISCLOSURES.
As part of its conflict of interest evaluation in response to Federal Government solicitation and contractual requirements, Contractor (or Contractor’s designee) may disclose the following information regarding its active commercial healthcare contracts portfolio: name of client, period of performance, point of contact, value of contract, and brief description of work being performed, and other information (if required). This information will be disclosed to the Government’s Contracts and/or Procurement Officer and will be submitted under seal to the Government; and will be labeled as “containing trade secrets, proprietary financial, commercial and technical or ot her confidential information furnished on a confidential basis that is not subject to disclosure under FOIA.” Any disclosure made by Contractor (or Contractor’s designee) to the Government’s Contracts and/or Procurement Officer will not involve the disclo sure and/or release of any actual contract and/or agreement executed between Contractor (or Contractor’s designee) and Client.
(Signatures follow on the next page)
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DONE AND SIGNED by the parties on the dates listed below, but effective as of the Effective Date listed on Page 1. This Agreement may be signed in counterparts and shall have the same force and effect as if all parties executed one document. Counterparts may be delivered via facsimile o r other electronic transmission method (including pdf) and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
CLIENT:
CITY OF MURRIETA (the “Client”)
By: __________________________________ Date: ______________ Authorized Officer/Agent
CONTRACTOR:
TRACEPOINT, LLC
By: __________________________________ Date: ______________ Authorized Member
DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 June 27, 2022
DocuSign Envelope ID: C51BD78C-CE17-4527-8333-736EBBAD736A June 27, 2022
KIM SUMMERS
EDITH SANTOS
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APPENDIX 1
STATEMENT OF WORK
This STATEMENT OF WORK (“SOW”) is a part of and incorporates the terms and conditions of the ENDPOINT MANAGED DETECTION AND RESPONSE SERVICES AGREEMENT by and between Client and the Contractor dated __________________________. All terms and conditions of the Endpoint Managed Detection And Response Services Agreement are incorporated into this Statement of Work, unless specifically altered or amended herein.
1. Client: CITY OF MURRIETA
Client Contact: JOHN BORGER Email: [email protected]
2. Scope of Services: EMDR
Number of Endpoints: 550
Carbon Black Enterprise EDR
Carbon Black Endpoint Standard
Carbon Black Vulnerability Management and Audit & Remediation
3. Annual Fee*: $74,800.00 USD
*If Client exceeds the number of endpoints, Contractor will automatically increase the number of authorized endpoints in 50 endpoint increments and will increase the fee for the then current Term by ($ 136 x Y) X(Z/12) where Y is the additional number of endpoints (in blocks of 50) and Z is the number of months remaining in the then current Term. Contractor will invoice Client for additional blocks of endpoints as they are authorized.
Contractor reserves the right to modify the fees and charges assessed for EMDR Services during a Renewal Term. Revised fees and charges will be effective beginning on the thirtieth (30th) day following delivery of notice of such revisions to Client.
4. Term of SOW: This SOW is effective for one (1) year and may renew for one (1) year Renewal Terms in accordance with the Endpoint Managed Detection And Response Services Agreement.
5. Other Terms and Conditions: NONE
IN WITNESS WHEREOF, the Parties have caused this Work Order to be executed on their behalf by the undersigned duly authorized individuals.
CONTRACTOR: TRACEPOINT, L.L.C.
By: __________________________________
Title: __________________________________
Date: __________________________________
CLIENT: CITY OF MURRIETA
By: __________________________________
Title: __________________________________
Date: __________________________________
DocuSign Envelope ID: F45326A1-C5E5-424F-8111-0289FD63CB90 City Manager
June 27, 2022
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June 27, 2022
Managing Director
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