Murrieta City Council
December 19, 2023

The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk Department at (951) 461-6031 or email at [email protected] at least 72 hours in advance. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.

Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk ’s department 24 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461-6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.

NOTICE AND CALL OF SPECIAL MEETING NOTICE IS HEREBY GIVEN that on December 21, 2023, the Mayor of the City of Murrieta has called a Special Meeting of the Murrieta City Council to consider the following matters at the time and place listed on the agenda. /s/ Cristal McDonald, City Clerk Lori Stone
Mayor
Cindy Warren Lisa DeForest Mayor Pro Tem Council Member Jon Levell Ron Holliday Council Member Council Member Kim Summers, City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk

MURRIETA CITY COUNCIL (CC)

MURRIETA COMMUNITY SERVICES DISTRICT (CSD)

MURRIETA FIRE DISTRICT (FD)

MURRIETA LIBRARY BOARD (LB)

MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)

MURRIETA HOUSING AUTHORITY (HA)

MURRIETA FINANCING AUTHORITY (FA)
*** The City is utilizing a new agenda management system. If you have any questions, please reach out to the City Clerk Department at (951) 461-6030 or via email at [email protected].

CITY OF MURRIETA
1 TOWN SQUARE

MURRIETA, CA
Tuesday, December 19, 2023
8:00 AM SPECIAL MEETING
1 City Council Meeting Agenda December 19, 2023
4:15 PM CLOSED SESSION

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS - CLOSED SESSION ITEMS ONLY

ANNOUNCEMENT OF CLOSED SESSION ITEMS
CS1. Conference with Legal Counsel – Anticipated Litigation The City Council will conduct a closed session, pursuant to Government Code sections 54956.9(d)(2), because there is a significant exposure to litigation in three cases.

CS2. Conference with Real Property Negotiator
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property, 11 Town Square, Murrieta CA 92562, with Summer Helene. The City's real property negotiator, the City Manager, Assistant City Manager, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.

RECESS TO CLOSED SESSION
6:00 PM REGULAR MEETING

CALL TO ORDER

ANNOUNCEMENT OF CLOSED SESSION ACTION

ROLL CALL

PLEDGE OF ALLEGIANCE

INVOCATION

PRESENTATIONS
Certificate of Recognition - Pop Warner
Received After Agenda Printed - Pop Warner Presentation

APPROVAL OF AGENDA

CITY MANAGER - ADMINISTRATIVE UPDATE

2 City Council Meeting Agenda December 19, 2023

GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS Governing Body CCB Reports is the opportunity for the City Council to provide a brief report on conferences, seminars, and Commission, Committees, and /or Boards meeting attendance.

Reports shall not exceed three minutes. The City Clerk will use the computerized timer.

Received After Agenda Printed - GBR

PUBLIC COMMENTS
At this time any person may address the governing bodies on any subject pertaining to City business, which does not relate to any item listed on the printed agenda. Normally no action may be considered or taken by the governing bodies on any matter not listed on the agenda .

Each speaker will be limited to three minutes.

Received After Agenda Printed - Concerned Citizens of Murrieta Report CONSENT CALENDAR - APPROVAL OF ITEMS 1 – 8
All matters listed on the Consent Calendar are to be considered routine by the governing bodies, and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the governing body votes on the motion to adopt, specific items are removed from the Consent Calendar for separate motions.

1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only Recommended Action:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

2. Minutes
Recommended Action:

Approve the minutes of the December 5, 2023, City Council Regular and Special Meeting.

3. First Amendment to the City Attorney Legal Services Contract Recommended Action:

Approve the First Amendment to the City Attorney Legal Services with Aleshire & Wynder, LLP to approve the amended rate schedule; and
Authorize the Mayor to execute the First Amendment.

3 City Council Meeting Agenda December 19, 2023

4. Approval of a Professional Services Agreement with Apple One, Inc. for As- Needed Temporary Staffing Services
Recommended Action:

Authorize approval of a two -year professional services agreement with AppleOne Inc. to provide temporary staffing services in an amount not to exceed $550,000 over the entire term of the agreement, inclusive of all extensions and amendments; and Authorize the City Manager to execute the agreement with the option to extend for up to two additional one-year terms based on satisfactory performance of the services in the agreement and at the City’s discretion.

5. Amendment to the Comprehensive Salary Schedule for Fiscal Year 2023/24 to Add Police Detective III Classification
Recommended Action:

Adopt Resolution No. 23-4720, entitled: A Resolution of the City Council of the City of Murrieta, California, Amending the Comprehensive Salary Schedule for Fiscal Year 2023/24.

6. Approval of Collection Development Services Agreements Recommended Action:

Approve a two-year Agreement with Brodart Company for Collection Development Services, in the amount not to exceed $30,000 per fiscal year;
Approve a two-year Agreement with Ingram Library Services LLC, for Collection Development Services, in the amount not to exceed $40,000 per fiscal year; Authorize the City Manager to execute the Agreements with one optional two-year extension.

7. First Amendment to the Implementation Agreement Amendment with Western Riverside Council of Governments for Streetlight Operation and Maintenance Recommended Action:

Approve the First Amendment to the Implementation Agreement between Western Riverside Council of Governments to implement maintenance and repair program for streetlights; Approve Appendix 6 to the WRCOG new PSA with Yunex Traffic and WRCOG for the City to receive streetlight Operation and Maintenance services, in substantially the forms attached hereto; and
Authorize the City Manager to execute the First Amendment to the Implementation Plan and Appendix 6 to the WRCOG PSA Agreement subject to City Attorney’s final approval.

8. Approve a Two-Year Extension to Comply with Assembly Bill 2234 Online Permitting System Requirements
Recommended Action:

Approve an extension of up to two years as allowed by California Government Code Section 65913.3.5 by making a written finding that adopting an online permitting system by January 1, 2024, would result in a substantial increase in permit fees and that the City of Murrieta has initiated a procurement process to complete the online permitting system by January 1, 2026.

4 City Council Meeting Agenda December 19, 2023

PULLED CONSENT CALENDAR ITEMS

REORGANIZATION
Pursuant to City Council Resolution No. 19-4178, in odd numbered years, on a yearly basis the City Council shall hold a Reorganization to select Presiding Officers of the Murrieta City Council and all Boards/Districts overseen.

Selection of Presiding Officers
Privilege of the Floor Extended to Outgoing Mayor
Privilege of the Floor Extended to Incoming Mayor

RECESS TO RECEPTION

PUBLIC HEARINGS

9. Adoption of an Urgency Ordinance Pursuant to California Government Code Section 65858 Prohibiting the Establishment of Medical Cannabis Delivery Businesses for 45 Days, to Include an Exemption from the California Environmental Quality Act Recommended Action:

Adopt the proposed Urgency Ordinance No. U -600-23 entitled: An Interim Urgency Ordinance of the City Council of the City of Murrieta, California, Establishing A 45 -Day Temporary Moratorium on the Establishment or Expansion of Medical Marijuana Dispensaries or Facilities, and Mobile Medical Marijuana Dispensaries Within City Limits, Declaring the Urgency Thereof and Finding an Exemption Under the California Environmental Quality Act to be adopted by 4/5ths vote of the City Council.

GOVERNING BODY ANNOUNCEMENTS
Governing Body Announcements is the opportunity for the City Council to provide miscellaneous reports and announcements. Announcements shall not exceed two minutes .

The City Clerk will use the computerized timer.

Received After Agenda Printed - GBA

COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS
This is the opportunity for Council Members to request items and receive consensus for items to be added to a future agenda. There will be no discussion or debate on the requests; a brief explanation of the request may be given.

ADJOURNMENT

5 CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No.

Subject:

Received After Agenda Printed - Pop Warner Presentation CITY OF MURRIETA Printed on 1/5/2024Page 1 of 1
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6 MURRIETA CITY COUNCIL
Presentation:

Murrieta Valley Pop Warner
9U Division 1 Murrieta Blitzhawks
Received After Agenda Printed
12/19/23 Regular Meeting
Presentation
7 9U Division 1 Murrieta Blitzhawks
Murrieta Valley Pop Warner
Cooper Anderson
David Cantillo
Cannon Clark
Sebastian De La Torre
Jaxon Dyer
Jacob Fernandez
Jameson-Jay Gabiola
Isaiah Hamamoto
Jacob Hilgenberg
Cashton Hyldahl
Braden Kaveney
Shane Luyben
Zeelan Nunez
Bryce Peterson
Gianni Quaranta
Gavin Rawson
Hagen Sanserino
Slater Smith
Jet Stover
Aaron Vega Solorzano
KorDae Wilson
Brad-lee Young
8 9u Division 1 Murrieta Blitzhawks
Murrieta Valley Pop Warner
9 CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No.

Subject:

Received After Agenda Printed - GBR
CITY OF MURRIETA Printed on 1/5/2024Page 1 of 1
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10 MURRIETA CITY COUNCIL
Governing Body Report:

Council Member Warren
December 19, 2023
Received After Agenda Printed
12/19/23 - Regular Meeting
Presentation (GBR)
11 Governing Body Report:

Council Member Warren
December 13, 2023
Attended the Riverside County Transportation Commission Board Meeting.

The Commission approved Award Agreement No. 24-31-004-00 with Parsons Transportation Group Inc. to provide project and construction management (PCM) Services for the Interstate 15 Express Lanes Project Southern Extension (ELPSE) for an eight-year term in the amount of $78,702,500, plus a contingency amount of $7,870,250, for a total amount not to exceed $86,572,750
Freeway Closure Reminder: The Riverside County Transportation Commission’s 71/91 Interchange Project will require nightly full closures (Monday through Wednesday) of the westbound 91 between State Route 71 and Green River Road beginning Monday, December 11, 2023 through Wednesday, January 24, 2024.

Due to the holidays, no closures will be scheduled from December 20 through January 1, 2024. Closures will resume on Tuesday, January 2, 2024. 12 MURRIETA CITY COUNCIL
Governing Body Report:

Council Member Levell
December 19, 2023
Received After Agenda Printed
12/19/23 - Regular Meeting
Presentation (GBR)
13 Governing Body Report:

Council Member Levell
December 7, 2023
Attended the Southern California Association of Governments Economic Summit. 14 MURRIETA CITY COUNCIL
Governing Body Report:

Mayor Pro Tem Stone
December 19, 2023
Received After Agenda Printed
12/19/23 - Regular Meeting
Presentation (GBR)
15 Governing Body Report:

Mayor Pro TemStone
December 7, 2023 Attended the Southern California Association of Governments Economic Summit. 16 CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No.

Subject:

Received After Agenda Printed - Concerned Citizens of Murrieta Report CITY OF MURRIETA Printed on 1/10/2024Page 1 of 1
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17 Received After Agenda Printed
12/19/23 - Regular Meeting
Public Comment - Handout
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Received After Agenda Printed
12/19/23 - Regular Meeting
Public Comment - Handout
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CITY OF MURRIETA
City Council Meeting Agenda
Report
12/5/2023
Agenda Item No. 1.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT: Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only

RECOMMENDATION
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

CITY OF MURRIETA Printed on 12/1/2023Page 1 of 1
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88 CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No. 2.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT: Minutes

RECOMMENDATION
Approve the minutes of the December 5, 2023, City Council Regular and Special Meeting.

ATTACHMENTS

1. December 5, 2023 Regular Meeting Minutes

2. December 5, 2023 Special Meeting Minutes
CITY OF MURRIETA Printed on 12/14/2023Page 1 of 1
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89 CITY OF MURRIETA
1 TOWN SQUARE

MURRIETA, CA
Tuesday, December 5, 2023
4:00 PM CLOSED SESSION
5:00 PM WORKSHOP
6:00 PM REGULAR MEETING

MINUTES

The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk Department at (951) 461-6031 or email at [email protected] at least 72 hours in advance. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.

Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk’s department 24 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461-6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.

Lisa DeForest
Mayor

Lori Stone Cindy Warren
Mayor Pro Tem Council Member

Jon Levell Ron Holliday
Council Member Council Member

Kim Summers, City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk

MURRIETA CITY COUNCIL (CC)

MURRIETA COMMUNITY SERVICES DISTRICT (CSD)

MURRIETA FIRE DISTRICT (FD)

MURRIETA LIBRARY BOARD (LB)

MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)

MURRIETA HOUSING AUTHORITY (HA)

MURRIETA FINANCING AUTHORITY (FA)

YOU MAY VIEW THE MEETING LIVESTREAMED VIA THE CITY’S WEBSITE AT https://murrieta.legistar.com/Calendar.aspx

*** The City is utilizing a new agenda management system. If you have any questions, please reach out to the City Clerk Department at (951) 461-6030 or via email at [email protected].

To view the agenda reports either click on the item title or open the agenda packet on Legistar. Please note due to the size of the packet, downloading the packet may take a moment. *** 90 City of Murrieta December 5, 2023

4:00 PM CLOSED SESSION

CALL TO ORDER 4:42 PM

ROLL CALL

Present: Council Member Cindy Warren
Council Member Jon Levell
Council Member Ron Holliday
Mayor Lisa DeForest

Absent: Mayor Pro Tem Stone (Arrived at 4:44 p.m.)

PUBLIC COMMENTS - CLOSED SESSION ITEMS ONLY None

ANNOUNCEMENT OF CLOSED SESSION ITEMS

City Clerk Cristal McDonald announced the following Closed Session item and noted only one case will be heard during the Closed Session:

CS1. Conference with Legal Counsel – Anticipated Litigation The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(2) because there is a significant exposure to litigation in two cases.

RECESS TO CLOSED SESSION 4:43 PM

5:00 PM WORKSHOP

CALL TO ORDER 5:10 PM

ROLL CALL

Present: Council Member Cindy Warren
Council Member Jon Levell
Council Member Ron Holliday
Mayor Pro Tem Stone
Mayor Lisa DeForest

Absent: None

WS1. Community Facilities District Workshop

Staff report and PowerPoint presentation provided by Assistant City Manager Ivan Holler, Finance Director Javier Carcamo, City Consultant Shane Spicer with Spicer Consulting, City Consultant Brian Forbath with Stradling Yocca Carlson & Rauth.

Police Chief Anthony Conrad and Fire Chief Bernard Molloy, were available for questions from the City Council.

91 City of Murrieta December 5, 2023

Public Comments:

Kassen Klein: Spoke about changing his initial opposition status to now being in favor of the Community Facilities District (CFD) due to the information presented this evening.

Alan Long: Spoke in favor of CFDs as a way to address the deficit in public safety, commended staff and the Council for having an innovative way to increase public safety without increasing taxes and fees.

Dan Leigh: Representing Corman Leigh , he p rovided a handout on the impact of CFD financing and spoke on real -life examples of how CFDs work in d evelopment projects.

Action:

Receive and file.

RECESS TIME: 6:30 PM

6:00 PM REGULAR MEETING

CALL TO ORDER TIME: 6:31 PM

ROLL CALL

Present: Council Member Cindy Warren
Council Member Jon Levell
Council Member Ron Holliday
Mayor Pro Tem Lori Stone
Mayor Lisa DeForest

Absent: None

ANNOUNCEMENT OF CLOSED SESSION ACTION

City Attorney Tiffany Israel: No reportable action on Closed Session Item No. CS1.

PLEDGE OF ALLEGIANCE Boy Scouts Troop No. 318

INVOCATION Pastor Todd Harvey, Calvary Sunrise Church

PRESENTATIONS

Certificates of Recognition – Murrieta Sports Teams (Carlson Gracie West Coast Headquarters and Pop Warner Sports)

Pop Warner Sports recognition was continued to the next City Council regular meeting.

Presentation – Update on Tourism: Patrick Ellis, President of Explore Murrieta

92 City of Murrieta December 5, 2023

APPROVAL OF AGENDA

Action: It was moved by Council Member Holliday, seconded by Council Member Warren to approve the Agenda for December 5, 2023.

The motion carried by the following vote:

Ayes: Warren, Levell, Holliday, Stone, DeForest
Noes: None

Absent: None

CITY MANAGER - ADMINISTRATIVE UPDATE None

GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS

Council Member Warren: Provided attendance/reported the following:
 Riverside County Transportation Commission

Council Member Holliday: Provided attendance/reported the following:
 Regional Conservation Authority
 Western Riverside Council of Governments

PUBLIC COMMENTS (NON-AGENDA)

Shane Dilisi: Spoke in opposition to Planned Parenthood.

Aimee Edgeworth: Provided a handout and spoke in support of a Murrieta Train Project.

Joy: Spoke on traffic and safety concerns regarding Murrieta Market Nights.

CONSENT CALENDAR - APPROVAL OF ITEMS 1 – 13

Action: It was moved by Council Member Holliday, seconded by Council Member Levell to approve Consent Calendar Item Nos. 1-13.

Mayor Pro Tem Stone recused herself from Item No. 13 due to a conflict of interest in owning a business within 500 feet of the project.

The motion carried by the following vote:

Ayes: Warren, Levell, Holliday, Stone, DeForest
Noes: None

Absent: None

1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only

Recommended Action:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

93 City of Murrieta December 5, 2023

2. Minutes

Recommended Action:

Approve the minutes of the November 21, 2023, City Council Regular Meeting.

3. Check Register October 2023
Recommended Action:

Adopt Resolution 23-4716 entitled: A Resolution of the City Council of the City of Murrieta, California, Ratifying the Check Register for the Month of October 2023 in the amount of $6,451,443.41 (Check Numbers 156599-157007).

4. Monthly Investment Transaction Report for October 2023 Recommended Action:

Receive and file the Monthly Investment Transaction Report for October 2023.

5. Adoption of an Ordinance Relating to the Issuance of Subpoenas Before the City Council Recommended Action:

Conduct the second reading and adopt Ordinance No. 599-23 entitled: An Ordinance of the City Council of the City of Murrieta, California, Adding Chapter 1.30 to the Murrieta Municipal Code Relating to the Issuance of Subpoenas Before the City Council; and

Find the Ordinance exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines.

6. Ninth Amendment to TriTech Software Systems Agreement Recommended Action:

Approve the Ninth Amendment to the System Implementation Agreement with TriTech Software Systems for services relating to the Computer-Aided Dispatch and Records Management System;

Approve a one-time service fee in the amount of $100,000 and an annual software fee of $525,000 in year two, with a 5% increase for each subsequent year for the term of the agreement, for a total contract amount not to exceed $2,362,815.63;

Authorize the City Manager to execute the agreement; and

Amend the Fiscal Year 2023/24 and 2024/25 Operating Budgets as outlined in the Fiscal Impact section of this report.

7. Change Order for Glen Arbor Dog Park Civil Design Services Recommended Action:

Approve the change orders to increase Purchase Order P03571 with Michael Baker International for additional civil design services for the Glen Arbor Dog Park project, CIP 8273, in the amount of $57,750;

Amend the Fiscal Year 2023/24 Capital Improvement Budget for an additional appropriation of $57,750 to CIP 8273.

94 City of Murrieta December 5, 2023

8. Construction Contract Sykes Ranch Park Improvement Project Recommended Action:

Award the construction contract for the Sykes Ranch Park Improvement Project, CIP 22010, to the lowest responsible bidder, Land Forms Landscape Construction, Inc., in the amount of $183,226.00 with a 15% contingency;

Authorize the Mayor to execute the agreement; and

Authorize an additional budget appropriation to CIP 22010 for additional project costs.

9. Notice of Completion for Murrieta Library Roof Replacement Project, CIP 21023 Recommended Action:

Accept the improvements for the Murrieta Library Roof Replacement Project, CIP 21023, as complete; and

Direct the City Clerk to record a Notice of Completion and release bonds in accordance with State law and City ordinances.

10. Murrieta Housing Authority SB 341 Annual Report for FY 2022/23 Recommended Action:

Find that the action is not a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378; and

Receive the Murrieta Housing Authority Senate Bill 341 Annual Report for Fiscal Year 2022/23 and direct staff to file the document with the State Department of Housing and Community Development and place it on the City’s website.

11. Annual Adoption of the Investment Policy for Fiscal Year 2023/24 Recommended Action:

Adopt Resolution No. 23-4718 entitled: A Resolution of the City Council of the City of Murrieta, California, Adopting the Fiscal Year 2023/24 Investment Policy.

12. Approve the Recognized Obligation Payment Schedule and Administrative Budget for Fiscal Year 2024/25
Recommended Action:

Adopt Resolution No. RSA 23-31 entitled: A Resolution of the Successor Agency to the Murrieta Redevelopment Agency Approving A Recognized Obligation Payment Schedule for the Period From July 1, 2024, through June 30, 2025, Approving the Successor Agency’s Proposed Administrative Budget for Fiscal Year 2024/25, and Authorizing Posting and Transmittal Thereof.

13. Notice of Completion of Pedestrian Safety Enhancements 2020/21 and 2021/22 Projects

Mayor Pro Tem Stone recused herself from Item No. 13 due to a conflict of interest in owning a business within 500 feet of the project.

Recommended Action:

Accept the imp rovements for the Pedestrian Safety Enhancements 2020/21 project, CIP No. 13040, and Pedestrian Safety Enhancements 2021/22 project, CIP No. 13045, as complete;

Direct the City Clerk to record a Notice of Completion and release bonds in accordance with State law and City Ordinances; and
95 City of Murrieta December 5, 2023

Release any remaining retention from CIP Nos. 13040 and 13045 in accordance with State law and City Ordinances.

PULLED CONSENT CALENDAR ITEMS None

DISCUSSION

14. Fiscal Year 2022/23 Year End Report and Approve Appropriations for Carryover of Unspent Amounts from FY 2022/23 to FY 2023/24

Staff report and PowerPoint presentation provided by Finance Manager Jennifer Terry and Financial Analyst Geovanny Calvopina.

Public Comments: None

Action: After discussion, it was moved by Council Member Warren, seconded by Council Member Holliday to:

Accept this report;

Amend the Fiscal Year 2023/24 Operating Budget to include the Fiscal Year 2022/23 Rollovers; and

Appropriate the Unassigned Fund Balance.

The motion carried by the following vote:

Ayes: Warren, Levell, Holliday, Stone, DeForest
Noes: None

Absent: None

15. Citywide Records Management Program Update and Adoption of Records Retention Schedule

Staff report and PowerPoint presentation provided by City Clerk Cristal McDonald and Records Manager Angela Martin-Van der Baan.

Public Comments: None

Action: After discussion, it was moved by Council Member Holliday, seconded by Council Member Levell to:

Adopt Resolution No. 23 -4719 entitled: A Resolution of the City Council of the City of Murrieta, California, Rescinding All Prior Records Retention Resolutions and Policies and Adopting a Records Retention Schedule; and

Direct the City Clerk to develop a Records Management Administrative Policy upon approval of Resolution No. 23-4719.

The motion carried by the following vote:

96 City of Murrieta December 5, 2023

Ayes: Warren, Levell, Holliday, Stone, DeForest
Noes: None

Absent: None

16. Amended and Restated Community Facilities District Goals and Policies

Assistant City Manager Ivan Holler mentioned that because this item was discussed in the Workshop there is no presentation to share.

Finance Director Javier Carcamo, City Consultant Shane Spicer with Spicer Consulting, City Consultant Brian Forbath with Stradling Yocca Carlson & Rauth, Police Chief Anthony Conrad, and Fire Chief Bernard Molloy were available for questions from the City Council.

Public Comments:

Kassen Klein:

Mentioned to consider the comments provided at the Workshop.

Dan Leigh: Addressed the inquiry from Council Member Holliday in reference to the low number of CFD’s formed late in the r ecession. Spoke about the Statewide Community Infrastructure Program (SCIP) utilized to address the City's financial uncertainties.

Action: After discussion, it was moved by Mayor DeForest, seconded by Council Member Warren to:

Adopt Resolution No. 23-4717 entitled: A Resolution of the City Council of the City of Murrieta, California, Adopting an Amended and Restated Community Facilities District Goals and Policies.

The motion carried by the following vote:

Ayes: Warren, Levell, Holliday, Stone, DeForest
Noes: None

Absent: None

NOTIFICATIONS

Final Parcel Map - PM 37185 - Murrieta II Multifamily LLC

Deputy City Clerk Kimberly Ramirez noted a correction to the Notification for Parcel Map from PM 37185 to PM 38185.

GOVERNING BODY ANNOUNCEMENTS

Mayor Pro Tem Stone provided verbal Governing Body Announcements. Council Member Levell, and Council Member Holliday provided their Governing Body Announcements to be made part of the City’s record.

COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS None

ADJOURNMENT 7:49 PM

97 CITY OF MURRIETA Tuesday, December 5, 2023
1 TOWN SQUARE 3:00 PM SPECIAL MEETING

MURRIETA, CA MINUTES
The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk Department at (951) 461-6031 or email at [email protected] at least 72 hours in advance. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.

Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk’s department 24 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461-6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.

NOTICE AND CALL OF SPECIAL MEETING
NOTICE IS HEREBY GIVEN that on December 4, 2023, the Mayor of the City of Murrieta has called a Special Meeting of the Murrieta City Council to consider the following matters at the time and place listed on the agenda. /s/ Cristal McDonald, City Clerk
Lisa DeForest
Mayor
Lori Stone Cindy Warren Mayor Pro Tem Council Member Jon Levell Ron Holliday Council Member Council Member Kim Summers, City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk

MURRIETA CITY COUNCIL (CC)

MURRIETA COMMUNITY SERVICES DISTRICT (CSD)

MURRIETA FIRE DISTRICT (FD)

MURRIETA LIBRARY BOARD (LB)

MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)

MURRIETA HOUSING AUTHORITY (HA)

MURRIETA FINANCING AUTHORITY (FA)
YOU MAY VIEW THE MEETING LIVESTREAMED VIA THE CITY’S WEBSITE AT https://murrieta.legistar.com/Calendar.aspx
*** The City is utilizing a new agenda management system. If you have any questions, please reach out to the City Clerk Department at (951) 461-6030 or via email at [email protected]. 98 City of Murrieta December 5, 2023

3:00 PM SPECIAL MEETING
CALL TO ORDER 3:00 PM

ROLL CALL

Present: Council Member Cindy Warren

Council Member Ron Holliday
Mayor Pro Tem Stone
Mayor Lisa DeForest

Absent: Council Member Jon Levell (Arrived at 3:02 p.m.) PUBLIC COMMENTS - AGENDIZED ITEMS ONLY None

ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Clerk Cristal McDonald announced the following Closed Session item:

CS1. Conference with Legal Counsel – Threat of Litigation The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(2) because there is a significant exposure to litigation in one case.

RECESS TO CLOSED SESSION 3:01 PM
ADJOURN TO REGULAR MEETING 4:42 PM
RECONVENE SPECIAL MEETING 7:49 PM

ANNOUNCEMENT OF CLOSED SESSION ACTION
City Attorney Tiffany Israel: No reportable action on Closed Session Item No. CS1.

ADJOURNMENT 7:50 PM
99 CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No. 3.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT: First Amendment to the City Attorney Legal Services Contract

RECOMMENDATION
Approve the First Amendment to the City Attorney Legal Services with Aleshire & Wynder, LLP to approve the amended rate schedule; and
Authorize the Mayor to execute the First Amendment.

PRIOR ACTION/VOTE
On May 3, 2022, the City Council appointed Tiffany Israel to serve as the City Attorney and approved an agreement with Aleshire & Wynder, LLP for City Attorney services (Vote: 5-0).

CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.

BACKGROUND
On May 3, 2022, after conducting a Request for Proposal for City Attorney Legal Services, the City of Murrieta (City) entered into an agreement with Aleshire & Wynder LLP (A&W) and appointed Tiffany Israel to serve as the City Attorney for a term of five years. The City can exercise up to five (5) one-year term extensions.

According to Section 4 of the original agreement, after six months, the City had the option to determine whether compensation would transition to a retainer-based fee, with additional services over the retainer being paid at the agreed-upon hourly rate. The City elected not to pursue a retainer option and continued on an hourly basis.

The City Council is the hiring authority for the position of the City Attorney. As such, periodic performance evaluations are conducted in closed sessions. On November 21, 2023, the City Council held a public employee performance and compensation evaluation of the City Attorney. The City Council was pleased with the City Attorney’sperformance and directed City staff to amend the rate schedule in the First Amendment (Attachment 1). This proposed Amendment does not modify any other portion of the Agreement.

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Agenda Item No. 3.

FISCAL IMPACT
The approved budgeted amount for City Attorney services for Fiscal Year 2023/24 is $604,000. If necessary, any increases to the budget based on the amended rate schedule will be submitted during the mid-year upcoming budget adjustments.

ATTACHMENTS

1. First Amendment to the City Attorney Legal Services Agreement CITY OF MURRIETA Printed on 12/14/2023Page 2 of 2
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01375.0001/945606.1

CITY OF MURRIETA

FIRST AMENDMENT TO THE CITY ATTORNEY LEGAL SERVICES AGREEMENT The FIRST AMENDMENT TO THE CITY ATTORNEY LEGAL SERVICES AGREEMENT (the “First Amendment”) is made and entered into December 19, 2023, by and between the law firm of ALESHIRE & WYNDER, LLP, a California limited liability partnership (“A&W”), and the CITY OF MURRIETA, a municipal corporation (“City”). The term “City” shall also include the City of Murrieta, as Successor Agency to the Murrieta Redevelopment Agency (“Successor Agency”), the Murrieta Housing Authority, and all boards, commissions, financing authorities, and other bodies of City.

RECITALS
WHEREAS, on May 3, 2022 the City and A&W entered into an agreement for City Attorney Legal Services pursuant to which the City appoi nted Tiffany Israel to serve as its legal counsel; and
WHEREAS, the City Council and A&W now desire to amend the Agreement as set forth in this First Amendment to incorporate the amended rate sheet.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and A&W hereby agree as follows:

AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.

SECTION 2. Exhibit A “Fee Arrangement”, is revised to replace the fees in the table shown in Section A, to read as follows:
“Rates 01/01/24 – 12/31/24

CLASSIFICATION HOURLY RATES
General Work $290 – Partner
$260 – Associate
Special Work $340 – Partner
$300 – Associate
Risk Mgmt & Code Enforcement $275
Reimbursable for Developers

$400 - Partner
$360 – Associate
Reimbursable Standard

$345 – Partner
$305 – Associate
Bond Financing

$383 – Attorney
$189 – Paralegal
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01375.0001/945606.1
Paralegals/Law Clerks $178
Document Clerks $110

SECTION 3. Section 4 of the Original Agreement is amended to incorporate the revised rates set forth above.

SECTION 4. The updated 2024 rates will be effective from January 1, 2024 through December 31, 2024.

SECTION 5. All other terms and conditions of the original agreement remain unchanged.

IN WITNESS WHEREOF, the parties heret o have executed this First Amendment as of the date of execution by the City.

DATED:________________ “CITY”: CITY OF MURRIETA

_______________________________
Lisa DeForest, Mayor

ATTEST:

_____________________________
Cristal McDonald, City Clerk

DATED:________________ “A&W”: ALESHIRE & WYNDER

_______________________________
Tiffany J. Israel, Esq.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No. 4.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Director of Administrative Services PREPARED BY: Michelle Tamez, Human Resources Analyst
SUBJECT: Approval of a Professional Services Agreement with Apple One, Inc. for As-Needed Temporary Staffing Services

RECOMMENDATION
Authorize approval of a two-year professional services agreement with AppleOne Inc. to provide temporary staffing services in an amount not to exceed $550,000 over the entire term of the agreement, inclusive of all extensions and amendments; and
Authorize the City Manager to execute the agreement with the option to extend for up to two additional one- year terms based on satisfactory performance of the services in the agreement and at the City’s discretion.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.

BACKGROUND
The City of Murrieta relies on temporary staffing to fulfill various roles and support operations during peak workloads, special projects, and staffing shortages. The City has an active agreement with AppleOne Inc., which started on July 1, 2018. Most recently, the agreement term was extended for six months from July 1, 2023, until
December 31, 2023, without any additional renewal term options.

For the past five years, AppleOne has consistently provided quality temporary staff across various departments, meeting the City’sneeds and contributing to the smooth functioning of operations. The City currently has several active temporary employees provided by AppleOne to fill various roles within the City.

Staff recommends establishing a new agreement (Attachment 1) with AppleOne Inc. for a two-year term, with the option of two additional one-year extensions. The City is piggybacking this procurement on a solicitation and agreement conducted by the Superior Court of Orange County, effective October 26, 2021, which was CITY OF MURRIETA Printed on 12/14/2023Page 1 of 2
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Agenda Item No. 4.
selected through a competitive bidding process.

In accordance with Municipal Code Section 3.08.295, Cooperative Purchasing, the City Council has the authority to join with other public and quasi-public agencies in cooperative purchasing plans or programs for the purchase of supplies and services.

In accordance with the aforementioned code section, staff recommends piggybacking the competitive bidding process conducted by the Superior Court of Orange County to satisfy the bidding requirements and execute an agreement with AppleOne, Inc., effective January 1, 2024. The proposed agreement terms are consistent with those in the Superior Court of Orange County agreement.

FISCAL IMPACT
The total amount of the agreement is not exceed $550,000, to be funded using salary savings from vacant positions or through the budget process, if needed.

ATTACHMENTS

1. Professional Services Agreement with AppleOne, Inc.

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AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”): Temporary Employees Contract Number:

Consultant Name (“Consultant”): AppleOne Inc., a California Corporation Consultant Address: 16371 Beach Blvd., Suite 240, Huntington Beach, CA 92647 Consultant Representative Name and Title (“ Consultant Representative ”): Rick H. Hagman, V.P. Operations and Client Services
Consultant Representative Work Phone and Email: 714-596-7780, [email protected] Effective Date: January 1, 2024
Termination Date: December 31, 2025
Total Not-To-Exceed Contract Amount (“Contract Sum ”): Five Hundred and Fifty Thousand Dollars ($550,000.00) over the entire term of the Agreement, inclusive of all extensions and amendments.

City Department Contact (“Department Contact”): Michelle Tamez, Human Resources Analyst Department Contact Work Phone and Email: 951-461-6092, [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

RECITALS
A. The City desires to contract with a Consultant to provide professional services as more further set forth herein.

B. The City is piggybacking this procurement on a solicitation and contract conducted by the Superior Court of Orange County, effective October 26, 2021.

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THIS AGREEMENT FOR SERVICES (“Agreement”) is made and entered into as of the Effective Date set forth above by and between CITY OF MURRIETA, a California municipal corporation (“City”) and (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.

1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid , which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be 107

performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastruc ture, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the rates specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference . The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures , if both are specified in the Schedule of Compensation, as well as approved by City in advance.

2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided i n Section s 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, from the submission of an 108

invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation ; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. The Agreement shall commence upon the Effective Date set forth above and will continue until the Termination Date. This Agreement may be extended for up to two, additional one -year periods upon the mutual agreement in writing of both parties.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.

Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed from City and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this 109

Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.1 Representative of Consultant. The Consultant Representative is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for Cit y to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.

4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant , or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.

No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.

City shall not be liable for compensation or indemnification to Consultant , its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of 110

competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant , or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other City to perform in whole or in part services required hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.

5.2 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Consultant is legally liable (each an “ Indemnitor” and collectively, “ Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors ’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilitie s, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
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(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.

Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall app ly to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professi onal. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoi ces by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct.

Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. (c) Pursuant to the full language of California Civil Code §2782, Design Professionals agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its empl oyees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Design Professional. The City agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5.3 Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consis tent with all obligations provided for in this Section

5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services 112

required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all da mages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior wri tten authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should 113

Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant , however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section

7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined b y City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Consultant and Opportunity to Cure . In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability 114

for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such dama ges), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City m ay be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed b y Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non -compliance with any requirement of this Agreement imposes n o additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed 115

pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether lega l or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performan ce of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice 116

describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, r eligion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the Uni ted States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Consultant, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none 117

shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the he irs, executors, administrators, successors and assigns of the Parties.

9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.

[SIGNATURES ON FOLLOWING PAGE]
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01375.0004/942077.1 -13-

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Kim Summers, City Manager
ATTEST:

Cristal McDonald, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Tiffany Israel, City Attorney

CONSULTANT:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Consultant’s business City.
___________________, a ____________________
By:

Name:

Title:

By:

Name:

Title:
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01375.0004/942077.1
EXHIBIT "A"

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. Provide temporary staffing services at the direction and request of City.

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EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

N/A
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EXHIBIT “C”

SCHEDULE OF COMPENSATION

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City of Murrieta Rate Sheet

Category Job Title Base Range Mark Up Rate
Admin/Clerical Office Specialist $22.00 to $24.00 33%
Admin/Clerical Senior Office Specialist $25.00 to $26.00 33% Admin/Clerical Office Assistant $18.00 to $21.00 33%
Admin/Clerical Administrative Clerk $18.00 to $21.00 33% Admin/Clerical Administrative Assistant I $20.00 to $24.00 33% Admin/Clerical Administrative Assistant II $22.00 to $24.00 33% Admin/Clerical Sr. Administrative Assistant $24.00 to $28.00 33% Admin/Clerical Administrative Analyst $24.00 to $35.00 33%

Finance Account Clerk I $20.00 to $22.00 33%
Finance Account Clerk II $23.00 to $25.00 33%
Finance Accounting Tech $26.00 to $30.00 33%
Finance Sr. Accounting Tech $31.00 to $43.00 33%
Finance Customer Service Rep $20.00 to $24.00 33%
Finance Accountant I $25.00 to $27.00 33%
Finance Accountant II $28.00 to $30.00 33%
Finance Accountant III $31.00 to $43.00 33%
Finance Collector $22.00 to $28.00 33%
Finance Accounting Specialist I $22.00 to $25.00 33%
Finance Payroll Clerk $20.00 to $28.00 33%

Technical Technical Writer $25.00 to $35.00 33%
Technical Database Developer $35.00 to $50.00 33%
Technical Engineering Aide $32.00 to $51.00 33%
Technical Engineering Technician $35.00 to $48.00 33%
Technical IT Analyst $30.00 to $45.00 33%

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EXHIBIT "D"

SCHEDULE OF PERFORMANCE

N/A

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01375.0004/942077.1

EXHIBIT E

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. 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.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

5. [INTENTIONALLY OMMITTED]

6. [INTENTIONALLY OMMITTED]

7. [INTENTIONALLY OMMITTED]

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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01375.0004/942077.1
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. 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 if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses 126

01375.0004/942077.1
and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Con sultant and job – it could be much higher, or in the case of a very small Consultant, you might want it lower] unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self -insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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.
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01375.0004/942077.1
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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.

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01375.0004/942077.1

EXHIBIT F

FEDERAL REQUIREMENTS
(Only applicable if required on cover page of agreement)

N/A
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130
131
Workers' Compensation and Employers' Liability Policy
WC 90 03 75 (05/18)
Endorsement Number Named Insured
APPLEONE, INC.

P.O. BOX 29048
GLENDALE CA 91209
Policy Number
Symbol: WLR Number: C50742556
Policy Period
04-01-2023 TO 04-01-2024
Effective Date of Endorsement
04-01-2023
Issued By (Name of Insurance Company)

ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

Schedule

1. ( ) Specific Waiver
Name of person or organization:
( X ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Operations:

ALL OPERATIONS CONDUCTED BY AN INSURED PURSUANT TO SUCH

WRITTEN CONTRACT

3. Premium:

The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.

4. Minimum Premium: $0
Authorized Representative
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CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No. 5.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Administrative Services Director
PREPARED BY: Michelle Tamez, Human Resources Analyst
SUBJECT: Amendment to the Comprehensive Salary Schedule for Fiscal Year 2023/24 to Add Police Detective III Classification

RECOMMENDATION
Adopt Resolution No. 23-4720, entitled: A Resolution of the City Council of the City of Murrieta, California, Amending the Comprehensive Salary Schedule for Fiscal Year 2023/24.

PRIOR ACTION/VOTE
On June 20, 2023, the City Council adopted Resolution No. 23-4672, establishing the Comprehensive Salary Schedule for Fiscal Year 2023/24 (Vote: Vote: 4-0-1).

On August 1, 2023, the City Council adopted Resolution No. 23-4697, approving an amendment to the Comprehensive Salary Schedule for Fiscal Year 2023/24 (Vote: 5-0).

CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.

BACKGROUND
The City of Murrieta (City) maintains a Comprehensive Salary Schedule regularly presented to the City Council for consideration. Employees of the City receive a rate of pay within the established salary range for their job classification. The Salary Schedule complies with State regulations and is intended to ensure transparency and consistency when reporting compensation for City employees.

The Salary Schedule is also intended to satisfy the requirements of the Public Employees Retirement Law and California Code of Regulations (CCR) at 2 CCR 570.5 that public agencies contracting with CalPERS adopt a “PubliclyAvailable Pay Schedule”for purposes of determining an employee’s“compensationearnable,”which amount is used to calculate retirement benefits.

From time to time, it is necessary to modify the Salary Schedule as salaries are adjusted, negotiated, and/or job classifications are created or revised. The positions listed in the Salary Schedule may not necessarily be budgeted or funded in any given fiscal year. The City Council typically authorizes and funds specific positions CITY OF MURRIETA Printed on 12/14/2023Page 1 of 2
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12/19/2023
Agenda Item No. 5.
budgeted or funded in any given fiscal year. The City Council typically authorizes and funds specific positions during the adoption of the biennial budget.

Pursuant to the City’sPersonnel Rules (Resolution No. 91-64), the City Manager recommends adjustments to the Salary Schedule. The proposed Resolution No. 23-4720 (Attachment 1) amends the Fiscal Year 2023/24 Salary Schedule to add a salary range for the recommended new classification of Police Detective III.

This addition is recommended to provide a career path for Police Officers who want to have an investigative career and to encourage and incentivize experienced investigators to remain in the Detective Bureau.

Currently, the only opportunity for career advancement for Detectives is to be promoted out of the Bureau to Police Sergeant, taking their training, education, and experience with them out of the Detective Bureau to another division within the Police Department. The proposed Detective III rank will provide long-lasting experience in the Detective Bureau.

The proposed salary range for the Police Detective III position is five percent above the Police Detective II position and six percent below the Police Sergeant position. The Detective Bureau currently consists of six permanent positions, which are appointed as Detective I or Detective II based on experience. The number of authorized positions will remain at six and is not proposed to increase. However, eligible employees would now be eligible to be appointed as a
Detective III.

FISCAL IMPACT
The budget impacts are uncertain, as this new classification will not be utilized until an eligible employee is appointed to the higher rank. The referenced amendment will be incorporated into the budget during a future budget update when it occurs.

ATTACHMENTS
1) Resolution No. 23-4720
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RESOLUTION NO. 23-4720

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA, AMENDING THE COMPREHENSIVE SALARY SCHEDULE
FOR FISCAL YEAR 2023/24

WHEREAS, each fiscal year, the City Council of the City of Murrieta (City) adopts a new Comprehensive Salary Schedule (Salary Schedule), a document that includes a list of employment classifications for the City and their corresponding compensation ranges; and

WHEREAS, the City of Murrieta (“City”), through negotiations with various employee bargaining groups, has established corresponding Memorandums of Understanding, which are in full force and effect, and has similarly established a Compensation Plan for Management and Confidential employees and an employment agreement with the City Manager; and

WHEREAS, the California Public Employees’ Retirement System (CalPERS) limits “compensation earnable” for retirement purposes to amounts listed on a pay schedule meeting requirements set forth in section 570.5 of title 2 of the California Code of Regulations, including that government agency employers provide and make available to the public the salary of all full-time, part-time employees and elected officials in a single salary format specified by CalPERS; and

WHEREAS, the City previously compiled the necessary salary data to create a Salary Schedule for Fiscal Year 2023/24, which was adopted by the City Council on June 20, 2023 , and effective July 2, 2023 , by City Council Resolution No. 23-4672; and

WHEREAS, the Salary Schedule was updated on August 1, 2023, by City Council Resolution No. 23-4697; and

WHEREAS, the City desires to further amend the salary data in the Salary Schedule for Fiscal Year 2023/24 (“Updated Comprehensive Salary Schedule”), as shown in the document attached hereto as Exhibit A, which shall be effective as of December 19, 2023, in compliance with the requirements of CALPERS; and

WHEREAS, the Updated Comprehensive Salary Schedule reflects the addition of the salary range for the new Police Detective III classification ranging from $9,843.53 to $11,961.22 monthly.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. That the Updated Comprehensive Salary Schedule attached hereto as Exhibit A is adopted shall be effective December 19, 2023.

PASSED, APPROVED, AND ADOPTED this 19th day of December 2023, by the City Council of the City of Murrieta, State of California.

Lisa DeForest, Mayor

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Resolution No. 23-4720

ATTEST:

Cristal McDonald, City Clerk

APPROVED AS TO FORM:

Tiffany Israel, City Attorney

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 23-4720 was duly adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 19th day of December, 2023, and was signed by the mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk
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City of Murrieta
Comprehensive Pay Schedule
December 19, 2023

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Full\Dept Heads
Report Run Date:
11/18/2023

ACCOUNTANT AT-WILL
A
Start Date
Hourly Annual
Monthly
Step
6,253.0736.07544
07/02/23
A
75,036.91
6,565.7237.87921
07/02/23
B
78,788.75
6,894.0139.77318
07/02/23
C
82,728.21
7,238.7141.76183
07/02/23
D
86,864.60
7,600.6543.84993
07/02/23
E
91,207.85

ACCOUNTANT TRAINEE
A
Start Date
Hourly Annual
Monthly
Step
5,741.4633.12382
07/02/23
A
68,897.54
6,028.5334.78001
07/02/23
B
72,342.42
6,329.9636.51901
07/02/23
C
75,959.54
6,646.4538.34496
07/02/23
D
79,757.51
6,978.7840.26221
07/02/23
E
83,745.39

ACCOUNTING ASSISTANT
A
Start Date
Hourly Annual
Monthly
Step
4,148.0123.93087
07/02/23
A
49,776.20
4,355.4125.12742
07/02/23
B
52,265.03
4,573.1926.38379
07/02/23
C
54,878.28
4,801.8427.70298
07/02/23
D
57,622.19
5,041.9429.08812
07/02/23
E
60,503.28

ACCOUNTING MANAGER
Start Date
Hourly Annual
Monthly
Step
11,236.6964.82706
07/02/23
MX
134,840.28
9,244.4553.33337
07/02/23
MN
110,933.40

ACCOUNTING SPECIALIST
A
Start Date
Hourly Annual
Monthly
Step
4,582.8726.43967
07/02/23
A
54,994.51
4,812.0127.76165
07/02/23
B
57,744.23
5,052.6129.14973
07/02/23
C
60,631.43
5,305.2530.60722
07/02/23
D
63,663.01
5,570.5132.13758
07/02/23
E
66,846.16

ACCOUNTING SUPERVISOR
A
Start Date
Hourly Annual
Monthly
Step
7,467.5043.08178
07/02/23
A
89,610.10
7,840.8845.23587
07/02/23
B
94,090.60
8,232.9247.49766
07/02/23
C
98,795.13
8,644.5749.87254
07/02/23
D
103,734.88
9,076.8052.36617
07/02/23
E
108,921.63

ACCOUNTING TECH AT WILL
A
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
138
Full\Dept Heads
Report Run Date:
11/18/2023
5,724.2433.02451
07/02/23
B
68,690.98
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40952
07/02/23
D
75,731.80
6,626.5338.23000
07/02/23
E
79,518.40

ADMIN SERVICES DIRECTOR
A
Start Date
Hourly Annual
Monthly
Step
23,496.01135.55391
07/02/23
MX
281,952.13
18,200.00105.00000
07/02/23
MN
218,400.00

ADMINISTRATIVE ASSISTANT
A
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
5,724.2533.02452
07/02/23
B
68,691.00
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40953
07/02/23
D
75,731.82
6,626.5338.23000
07/02/23
E
79,518.40

ADMINISTRATIVE FIRE ENGINEER
Start Date
Hourly Annual
Monthly
Step
9,144.5352.75691
07/02/23
A
109,734.37
9,601.7555.39475
07/02/23
B
115,221.08
10,081.8458.16449
07/02/23
C
120,982.13
10,585.9361.07271
07/02/23
D
127,031.23
11,115.2364.12635
07/02/23
E
133,382.80

ADMINISTRATIVE MANAGER
A
Start Date
Hourly Annual
Monthly
Step
11,073.5163.88564
07/02/23
MX
132,882.13
9,110.2052.55888
07/02/23
MN
109,322.47

ASSISTANT CITY CLERK
Start Date
Hourly Annual
Monthly
Step
7,467.5043.08178
07/02/23
A
89,610.10
7,840.8845.23587
07/02/23
B
94,090.60
8,232.9247.49766
07/02/23
C
98,795.13
8,644.5749.87254
07/02/23
D
103,734.88
9,076.8052.36617
07/02/23
E
108,921.63

ASSISTANT CITY MANAGER
A
Start Date
Hourly Annual
Monthly
Step
25,904.35149.44819
07/02/23
MX
310,852.23
20,296.98117.09800
07/02/23
MN
243,563.84

ASSISTANT MANAGEMENT ANALYST
A
Start Date
Hourly Annual
Monthly
Step
6,724.6038.79578
07/02/23
A
80,695.22
7,060.8340.73557
07/02/23
B
84,729.98
7,413.8742.77235
07/02/23
C
88,966.48
139
Full\Dept Heads
Report Run Date:
11/18/2023
7,784.5644.91096
07/02/23
D
93,414.79
8,173.7947.15651
07/02/23
E
98,085.54

ASSISTANT PLANNER
A
Start Date
Hourly Annual
Monthly
Step
5,957.5534.37051
07/02/23
A
71,490.66
6,255.4336.08904
07/02/23
B
75,065.20
6,568.2037.89349
07/02/23
C
78,818.45
6,896.6139.78816
07/02/23
D
82,759.37
7,241.4441.77757
07/02/23
E
86,897.34

ASSISTANT TO THE CITY MANAGER
A
Start Date
Hourly Annual
Monthly
Step
9,612.3855.45606
07/02/23
A
115,348.60
10,093.0058.22886
07/02/23
B
121,116.02
10,597.6561.14030
07/02/23
C
127,171.82
11,127.5364.19732
07/02/23
D
133,530.42
11,683.9167.40718
07/02/23
E
140,206.93

ASSOCIATE CIVIL ENGINEER
A
Start Date
Hourly Annual
Monthly
Step
8,063.9446.52274
07/02/23
A
96,767.29
8,467.1348.84888
07/02/23
B
101,605.67
8,890.4951.29132
07/02/23
C
106,685.94
9,335.0153.85588
07/02/23
D
112,020.23
9,801.7756.54868
07/02/23
E
117,621.25

ASSOCIATE PLANNER
A
Start Date
Hourly Annual
Monthly
Step
7,054.1240.69689
07/02/23
A
84,649.53
7,406.8342.73173
07/02/23
B
88,882.00
7,777.1744.86832
07/02/23
C
93,326.10
8,166.0347.11173
07/02/23
D
97,992.39
8,574.3349.46732
07/02/23
E
102,892.02

AUDIO VISUAL TECHNICIAN
A
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
5,724.2433.02451
07/02/23
B
68,690.98
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40952
07/02/23
D
75,731.80
6,626.5338.23000
07/02/23
E
79,518.40

BUILDING INSPECTION SUPERVISOR
A
Start Date
Hourly Annual
Monthly
Step
7,378.6642.56921
07/02/23
A
88,543.95
7,747.5944.69767
07/02/23
B
92,971.15
8,134.9746.93255
07/02/23
C
97,619.70
8,541.7249.27918
07/02/23
D
102,500.69
140
Full\Dept Heads
Report Run Date:
11/18/2023
8,968.8151.74314
07/02/23
E
107,625.73

BUILDING INSPECTOR I
A
Start Date
Hourly Annual
Monthly
Step
4,357.6925.14053
07/02/23
A
52,292.30
4,575.5726.39756
07/02/23
B
54,906.92
4,804.3527.71744
07/02/23
C
57,652.27
5,044.5729.10331
07/02/23
D
60,534.88
5,296.8030.55848
07/02/23
E
63,561.63

BUILDING INSPECTOR II
A
Start Date
Hourly Annual
Monthly
Step
5,826.4833.61432
07/02/23
A
69,917.78
6,117.8035.29504
07/02/23
B
73,413.68
6,423.6937.05979
07/02/23
C
77,084.36
6,744.8838.91278
07/02/23
D
80,938.58
7,082.1240.85842
07/02/23
E
84,985.51

BUILDING INSPECTOR III
A
Start Date
Hourly Annual
Monthly
Step
6,416.2237.01671
07/02/23
A
76,994.75
6,737.0438.86754
07/02/23
B
80,844.48
7,073.8940.81092
07/02/23
C
84,886.71
7,427.5842.85147
07/02/23
D
89,131.05
7,798.9644.99404
07/02/23
E
93,587.60

BUILDING OFFICIAL
A
Start Date
Hourly Annual
Monthly
Step
13,524.9778.02872
07/02/23
MX
162,299.73
11,127.0364.19444
07/02/23
MN
133,524.43

BUILDING SAFETY MANAGER
Start Date
Hourly Annual
Monthly
Step
11,592.8466.88177
07/02/23
MX
139,114.08
9,537.4555.02379
07/02/23
MN
114,449.48

BUSINESS DEVELOPMT PROGRAM MGR
A
Start Date
Hourly Annual
Monthly
Step
7,587.3043.77293
07/02/23
A
91,047.69
7,966.6745.96157
07/02/23
B
95,600.06
8,365.0048.25965
07/02/23
C
100,380.07
8,783.2550.67263
07/02/23
D
105,399.07
9,222.4153.20626
07/02/23
E
110,669.02

CAD/RMS ADMINISTRATOR
A
Start Date
Hourly Annual
Monthly
Step
7,595.1443.81814
07/02/23
A
91,141.73
7,974.9046.00904
07/02/23
B
95,698.80
8,373.6448.30950
07/02/23
C
100,483.76
141
Full\Dept Heads
Report Run Date:
11/18/2023
8,792.3250.72497
07/02/23
D
105,507.93
9,231.9453.26122
07/02/23
E
110,783.33

CIRCULATION SUPERVISOR
A
Start Date
Hourly Annual
Monthly
Step
6,260.8236.12013
07/02/23
A
75,129.87
6,573.8637.92614
07/02/23
B
78,886.37
6,902.5539.82244
07/02/23
C
82,830.67
7,247.6841.81357
07/02/23
D
86,972.22
7,610.0643.90424
07/02/23
E
91,320.81

CITY CLERK
A
Start Date
Hourly Annual
Monthly
Step
19,962.39115.16767
07/02/23
MX
239,548.75
15,641.0590.23688
07/02/23
MN
187,692.71

CITY ENGINEER
Start Date
Hourly Annual
Monthly
Step
15,039.9486.76893
07/02/23
MX
180,479.37
12,373.4071.38501
07/02/23
MN
148,480.82

CITY MANAGER
A
Start Date
Hourly Annual
Monthly
Step
28,494.78164.39301
08/13/23
MX
341,937.46

0.000.00000
08/13/23
MN

0.00 CITY PLANNER
A
Start Date
Hourly Annual
Monthly
Step
14,406.0783.11198
07/02/23
MX
172,872.91
11,851.9168.37644
07/02/23
MN
142,223.00

CIVIL ENGINEERING ASSISTANT
A
Start Date
Hourly Annual
Monthly
Step
6,186.4635.69114
07/02/23
A
74,237.57
6,495.7837.47569
07/02/23
B
77,949.43
6,820.5739.34948
07/02/23
C
81,846.91
7,161.6041.31695
07/02/23
D
85,939.25
7,519.6843.38280
07/02/23
E
90,236.22

CODE ENFORCEMENT OFFICER I
A
Start Date
Hourly Annual
Monthly
Step
5,555.3432.05005
07/02/23
A
66,664.10
5,833.1033.65255
07/02/23
B
69,997.30
6,124.7635.33518
07/02/23
C
73,497.17
6,431.0037.10194
07/02/23
D
77,172.03
6,752.5538.95704
07/02/23
E
81,030.64

CODE ENFORCEMENT OFFICER II
A
Start Date
Hourly Annual
Monthly
Step
6,141.2935.43052
07/02/23
A
73,695.48
142
Full\Dept Heads
Report Run Date:
11/18/2023
6,448.3537.20205
07/02/23
B
77,380.26
6,770.7739.06215
07/02/23
C
81,249.27
7,109.3141.01526
07/02/23
D
85,311.74
7,464.7743.06602
07/02/23
E
89,577.32

CODE ENFORCEMENT SUPERVISOR
A
Start Date
Hourly Annual
Monthly
Step
7,360.2042.46272
07/02/23
A
88,322.45
7,728.2144.58586
07/02/23
B
92,738.58
8,114.6246.81515
07/02/23
C
97,375.51
8,520.3549.15591
07/02/23
D
102,244.29
8,946.3751.61371
07/02/23
E
107,356.51
COMM. RISK/DISASTER PREP ADMIN
Start Date
Hourly Annual
Monthly
Step
6,416.2237.01671
07/02/23
A
76,994.75
6,737.0438.86754
07/02/23
B
80,844.48
7,073.8940.81092
07/02/23
C
84,886.71
7,427.5842.85147
07/02/23
D
89,131.05
7,798.9644.99404
07/02/23
E
93,587.60

COMMUNICATIONS SPECIALIST
A
Start Date
Hourly Annual
Monthly
Step
5,724.2533.02452
07/02/23
A
68,691.00
6,010.4634.67574
07/02/23
B
72,125.53
6,310.9836.40953
07/02/23
C
75,731.82
6,626.5338.23000
07/02/23
D
79,518.40
6,957.8640.14151
07/02/23
E
83,494.34

COMMUNITY SERVICE MANAGER
Start Date
Hourly Annual
Monthly
Step
9,697.5255.94725
07/02/23
MX
116,370.28
7,978.1746.02795
07/02/23
MN
95,738.13

COMMUNITY SERVICES OFFICER I
Start Date
Hourly Annual
Monthly
Step
4,317.2324.90710
07/02/23
A
51,806.76
4,533.0926.15245
07/02/23
B
54,397.09
4,759.7427.46008
07/02/23
C
57,116.96
4,997.7328.83308
07/02/23
D
59,972.80
5,247.6130.27473
07/02/23
E
62,971.43

COMMUNITY SERVICES OFFICER II
A
Start Date
Hourly Annual
Monthly
Step
4,748.9527.39780
07/02/23
A
56,987.42
4,986.3928.76769
07/02/23
B
59,836.79
5,235.7130.20607
07/02/23
C
62,828.62
5,497.5031.71637
07/02/23
D
65,970.04
5,772.3733.30219
07/02/23
E
69,268.55
143
Full\Dept Heads
Report Run Date:
11/18/2023

CRIME ANALYST
A
Start Date
Hourly Annual
Monthly
Step
6,107.0835.23320
07/02/23
A
73,285.05
6,412.4436.99487
07/02/23
B
76,949.32
6,733.0638.84461
07/02/23
C
80,796.78
7,069.7140.78684
07/02/23
D
84,836.62
7,423.2042.82618
07/02/23
E
89,078.45

DEPUTY CITY CLERK
A
Start Date
Hourly Annual
Monthly
Step
6,288.7336.28117
07/02/23
A
75,464.83
6,603.1738.09523
07/02/23
B
79,238.07
6,933.3339.99999
07/02/23
C
83,199.97
7,280.0041.99999
07/02/23
D
87,359.97
7,644.0044.09999
07/02/23
E
91,727.97

DEPUTY CITY MANAGER
A
Start Date
Hourly Annual
Monthly
Step
24,670.81142.33161
07/02/23
MX
296,049.74
19,330.13111.52000
07/02/23
MN
231,961.60
DEPUTY DIR DEV SERV ECON DEV.

A
Start Date
Hourly Annual
Monthly
Step
16,683.3396.25000
07/02/23
MX
200,200.00
12,822.4173.97546
07/02/23
MN
153,868.95

DEPUTY DIR DEV SERVICES
Start Date
Hourly Annual
Monthly
Step
16,683.3396.25000
07/02/23
MX
200,200.00
12,822.4173.97546
07/02/23
MN
153,868.95

DEPUTY DIRECTOR
A
Start Date
Hourly Annual
Monthly
Step
16,683.3396.25000
07/02/23
MX
200,200.00
12,822.4173.97546
07/02/23
MN
153,868.95

DEPUTY FIRE CHIEF
A
Start Date
Hourly Annual
Monthly
Step
21,360.01123.23083
07/02/23
MX
256,320.12
16,735.3396.55000
07/02/23
MN
200,824.00

DEPUTY FIRE MARSHAL
A
Start Date
Hourly Annual
Monthly
Step
9,287.7253.58302
07/02/23
A
111,452.68
9,752.1056.26217
07/02/23
B
117,025.31
10,239.7159.07528
07/02/23
C
122,876.58
10,751.7062.02905
07/02/23
D
129,020.42
11,289.2865.13050
07/02/23
E
135,471.44
144
Full\Dept Heads
Report Run Date:
11/18/2023

DEPUTY LIBRARY DIRECTOR
A
Start Date
Hourly Annual
Monthly
Step
16,683.3396.25000
07/02/23
MX
200,200.00
12,822.4173.97546
07/02/23
MN
153,868.95

DEVELOPMENT SERVICES DIRECTOR
A
Start Date
Hourly Annual
Monthly
Step
23,496.01135.55391
07/02/23
MX
281,952.13
18,200.00105.00000
07/02/23
MN
218,400.00

DEVELOPMENT SERVICES TECH
A
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
5,724.2433.02451
07/02/23
B
68,690.98
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40952
07/02/23
D
75,731.80
6,626.5338.23000
07/02/23
E
79,518.40

DIRECTOR OF BUILDING/SAFETY
Start Date
Hourly Annual
Monthly
Step
23,496.01135.55391
07/02/23
MX
281,952.13
18,200.00105.00000
07/02/23
MN
218,400.00

DIRECTOR OF COMMUNITY SERVICES
A
Start Date
Hourly Annual
Monthly
Step
23,496.01135.55391
07/02/23
MX
281,952.13
18,200.00105.00000
07/02/23
MN
218,400.00

DIRECTOR OF FINANCE
A
Start Date
Hourly Annual
Monthly
Step
23,496.01135.55391
07/02/23
MX
281,952.13
18,200.00105.00000
07/02/23
MN
218,400.00

DIRECTOR OF LIBRARY SERVICES
Start Date
Hourly Annual
Monthly
Step
23,496.01135.55391
07/02/23
MX
281,952.13
18,200.00105.00000
07/02/23
MN
218,400.00

DIRECTOR OF PW/CITY ENGINEER
A
Start Date
Hourly Annual
Monthly
Step
23,496.01135.55391
07/02/23
MX
281,952.13
18,200.00105.00000
07/02/23
MN
218,400.00

DISASTER PREPAREDNESS COORDINA
A
Start Date
Hourly Annual
Monthly
Step
7,587.3043.77293
07/02/23
A
91,047.69
7,966.6745.96157
07/02/23
B
95,600.06
8,365.0048.25965
07/02/23
C
100,380.07
8,783.2550.67263
07/02/23
D
105,399.07
9,222.4153.20626
07/02/23
E
110,669.02
145
Full\Dept Heads
Report Run Date:
11/18/2023

ECONOMIC DEVELOPMENT DIRECTOR
A
Start Date
Hourly Annual
Monthly
Step
23,496.01135.55391
07/02/23
MX
281,952.13
18,200.00105.00000
07/02/23
MN
218,400.00

EMERGENCY MEDICAL SRV COORD
A
Start Date
Hourly Annual
Monthly
Step
8,608.0749.66199
07/02/23
A
103,296.93
9,038.4852.14509
07/02/23
B
108,461.78
9,490.4054.75235
07/02/23
C
113,884.88
9,964.9257.48996
07/02/23
D
119,579.11
10,463.1760.36446
07/02/23
E
125,558.07

ENGINEERING MANAGER
Start Date
Hourly Annual
Monthly
Step
12,723.9573.40743
07/02/23
MX
152,687.45
10,468.0260.39247
07/02/23
MN
125,616.33

EXECUTIVE ASSISTANT
A
Start Date
Hourly Annual
Monthly
Step
5,926.3334.19040
07/02/23
A
71,116.03
6,222.6535.89992
07/02/23
B
74,671.83
6,533.7837.69491
07/02/23
C
78,405.41
6,860.4739.57966
07/02/23
D
82,325.69
7,203.4941.55864
07/02/23
E
86,441.97

EXECUTIVE ASSISTANT AT-WILL
A
Start Date
Hourly Annual
Monthly
Step
6,074.4935.04516
07/02/23
A
72,893.93
6,378.2136.79742
07/02/23
B
76,538.63
6,697.1338.63729
07/02/23
C
80,365.56
7,031.9840.56915
07/02/23
D
84,383.83
7,383.5842.59761
07/02/23
E
88,603.02

FINANCE MANAGER
A
Start Date
Hourly Annual
Monthly
Step
12,767.1073.65635
07/02/23
MX
153,205.20
10,503.5260.59726
07/02/23
MN
126,042.30

FINANCIAL ANALYST
A
Start Date
Hourly Annual
Monthly
Step
7,467.5043.08178
07/02/23
A
89,610.10
7,840.8845.23587
07/02/23
B
94,090.60
8,232.9247.49766
07/02/23
C
98,795.13
8,644.5749.87254
07/02/23
D
103,734.88
9,076.8052.36617
07/02/23
E
108,921.63
FIRE BATTALION CHIEF 40 HOUR
A
Start Date
Hourly Annual
Monthly
Step
146
Full\Dept Heads
Report Run Date:
11/18/2023
13,108.4675.62578
07/02/23
A
157,301.62
13,763.8979.40706
07/02/23
B
165,166.68
14,452.0883.37742
07/02/23
C
173,425.03
15,174.6987.54629
07/02/23
D
182,096.28
15,933.4291.92360
07/02/23
E
191,201.08
FIRE BATTALION CHIEF 56
A
Start Date
Hourly Annual
Monthly
Step
13,108.9357.07810
07/02/23
A
157,307.24
13,764.3859.93200
07/02/23
B
165,172.59
14,452.6062.92860
07/02/23
C
173,431.22
15,175.2366.07503
07/02/23
D
182,102.78
15,933.9969.37878
07/02/23
E
191,207.91
FIRE CAPTAIN (56 HR)
A
Start Date
Hourly Annual
Monthly
Step
10,187.6044.35824
07/02/23
A
122,251.30
10,696.9946.57616
07/02/23
B
128,363.89
11,231.8348.90496
07/02/23
C
134,782.06
11,793.4351.35021
07/02/23
D
141,521.17
12,383.1053.91772
07/02/23
E
148,597.23
FIRE CAPTAIN 40 HOUR
A
Start Date
Hourly Annual
Monthly
Step
10,764.2662.10154
07/02/23
A
129,171.20
11,302.4865.20662
07/02/23
B
135,629.76
11,867.6068.46695
07/02/23
C
142,411.25
12,460.9871.89030
07/02/23
D
149,531.82
13,084.0375.48481
07/02/23
E
157,008.40

FIRE CHIEF
A
Start Date
Hourly Annual
Monthly
Step
24,670.81142.33161
07/02/23
MX
296,049.74
19,330.13111.52000
07/02/23
MN
231,961.60

FIRE DIVISION CHIEF
A
Start Date
Hourly Annual
Monthly
Step
14,422.1283.20454
07/02/23
A
173,065.44
15,143.2287.36477
07/02/23
B
181,718.72
15,900.3891.73301
07/02/23
C
190,804.66
16,695.4096.31966
07/02/23
D
200,344.89
17,530.17101.13564
07/02/23
E
210,362.13
FIRE ENGINEER (56 HR)
A
Start Date
Hourly Annual
Monthly
Step
8,654.6437.68351
07/02/23
A
103,855.75
9,087.3739.56768
07/02/23
B
109,048.52
9,541.7441.54606
07/02/23
C
114,500.94
10,018.8343.62337
07/02/23
D
120,226.00
147
Full\Dept Heads
Report Run Date:
11/18/2023
10,519.7745.80454
07/02/23
E
126,237.31
FIRE ENGINEER 40 HOUR
A
Start Date
Hourly Annual
Monthly
Step
9,144.5352.75691
07/02/23
A
109,734.37
9,601.7555.39475
07/02/23
B
115,221.08
10,081.8458.16449
07/02/23
C
120,982.13
10,585.9361.07271
07/02/23
D
127,031.23
11,115.2364.12635
07/02/23
E
133,382.80

FIRE EQUIPMENT MECHANIC
A
Start Date
Hourly Annual
Monthly
Step
5,555.3432.05005
07/02/23
A
66,664.10
5,833.1033.65255
07/02/23
B
69,997.30
6,124.7635.33518
07/02/23
C
73,497.17
6,431.0037.10194
07/02/23
D
77,172.03
6,752.5538.95704
07/02/23
E
81,030.64

FIRE INSPECTOR
A
Start Date
Hourly Annual
Monthly
Step
6,405.3036.95371
07/02/23
A
76,863.71
6,725.5738.80139
07/02/23
B
80,706.89
7,061.8540.74146
07/02/23
C
84,742.23
7,414.9442.77854
07/02/23
D
88,979.36
7,785.6944.91746
07/02/23
E
93,428.31

FIRE MARSHAL
A
Start Date
Hourly Annual
Monthly
Step
13,792.4679.57192
07/02/23
MX
165,509.59
11,347.0965.46402
07/02/23
MN
136,165.16

FIRE PREVENTION BATTALIONCHIEF
A
Start Date
Hourly Annual
Monthly
Step
12,507.1672.15670
07/02/23
A
150,085.93
13,132.5275.76454
07/02/23
B
157,590.24
13,789.1479.55276
07/02/23
C
165,469.74
14,478.6083.53040
07/02/23
D
173,743.23
15,202.5387.70692
07/02/23
E
182,430.39

FIRE PROGRAM ASSISTANT
Start Date
Hourly Annual
Monthly
Step
4,956.0628.59266
07/02/23
A
59,472.73
5,203.8630.02229
07/02/23
B
62,446.36
5,464.0531.52340
07/02/23
C
65,568.67
5,737.2533.09957
07/02/23
D
68,847.10
6,024.1234.75455
07/02/23
E
72,289.46

GEOGRAPHIC INFO SYSTEM ANALYST
Start Date
Hourly Annual
Monthly
Step
148
Full\Dept Heads
Report Run Date:
11/18/2023
7,009.7140.44069
07/02/23
A
84,116.63
7,360.2042.46272
07/02/23
B
88,322.45
7,728.2144.58586
07/02/23
C
92,738.58
8,114.6246.81515
07/02/23
D
97,375.51
8,520.3549.15591
07/02/23
E
102,244.29

GIS TECHNICIAN
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
5,724.2533.02452
07/02/23
B
68,691.00
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40953
07/02/23
D
75,731.82
6,626.5338.23000
07/02/23
E
79,518.40

HISTORIAN/ARCHIVIST
Start Date
Hourly Annual
Monthly
Step
6,577.9437.94967
07/02/23
A
78,935.31
6,906.8439.84716
07/02/23
B
82,882.09
7,252.1841.83952
07/02/23
C
87,026.20
7,614.7943.93149
07/02/23
D
91,377.49
7,995.5346.12807
07/02/23
E
95,946.38

HR DIRECTOR
Start Date
Hourly Annual
Monthly
Step
23,496.01135.55391
07/02/23
MX
281,952.13
18,200.00105.00000
07/02/23
MN
218,400.00

HUMAN RESOURCES ANALYST
A
Start Date
Hourly Annual
Monthly
Step
7,467.5043.08178
07/02/23
A
89,610.10
7,840.8845.23587
07/02/23
B
94,090.60
8,232.9247.49766
07/02/23
C
98,795.13
8,644.5749.87254
07/02/23
D
103,734.88
9,076.8052.36617
07/02/23
E
108,921.63

HUMAN RESOURCES MANAGER
A
Start Date
Hourly Annual
Monthly
Step
13,524.9878.02874
07/02/23
MX
162,299.77
11,127.0364.19444
07/02/23
MN
133,524.43

HUMAN RESOURCES TECHNICIAN
A
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
5,724.2533.02452
07/02/23
B
68,691.00
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40953
07/02/23
D
75,731.82
6,626.5338.23000
07/02/23
E
79,518.40

IT ANALYST
A
149
Full\Dept Heads
Report Run Date:
11/18/2023
Start Date
Hourly Annual
Monthly
Step
7,009.7140.44069
07/02/23
A
84,116.63
7,360.2042.46272
07/02/23
B
88,322.45
7,728.2144.58586
07/02/23
C
92,738.58
8,114.6246.81515
07/02/23
D
97,375.51
8,520.3549.15591
07/02/23
E
102,244.29

IT COORDINATOR
Start Date
Hourly Annual
Monthly
Step
5,398.3931.14456
07/02/23
A
64,780.68
5,668.3132.70179
07/02/23
B
68,019.72
5,951.7234.33688
07/02/23
C
71,420.71
6,249.3136.05372
07/02/23
D
74,991.73
6,561.7737.85641
07/02/23
E
78,741.33

IT MANAGER
A
Start Date
Hourly Annual
Monthly
Step
12,767.1073.65635
07/02/23
MX
153,205.20
10,503.5260.59726
07/02/23
MN
126,042.30

IT PROGRAM ADMINISTRATOR
A
Start Date
Hourly Annual
Monthly
Step
7,595.1443.81814
07/02/23
A
91,141.73
7,974.9046.00904
07/02/23
B
95,698.80
8,373.6448.30950
07/02/23
C
100,483.76
8,792.3250.72497
07/02/23
D
105,507.93
9,231.9453.26122
07/02/23
E
110,783.33

IT SYSTEMS ADMINISTRATOR
A
Start Date
Hourly Annual
Monthly
Step
7,595.1443.81814
07/02/23
A
91,141.73
7,974.9046.00904
07/02/23
B
95,698.80
8,373.6448.30950
07/02/23
C
100,483.76
8,792.3250.72497
07/02/23
D
105,507.93
9,231.9453.26122
07/02/23
E
110,783.33

IT TECHNICIAN I
A
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
5,724.2533.02452
07/02/23
B
68,691.00
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40953
07/02/23
D
75,731.82
6,626.5338.23000
07/02/23
E
79,518.40

IT TECHNICIAN II
A
Start Date
Hourly Annual
Monthly
Step
6,046.9134.88607
07/02/23
A
72,563.02
6,349.2636.63037
07/02/23
B
76,191.16
6,666.7238.46189
07/02/23
C
80,000.73
150
Full\Dept Heads
Report Run Date:
11/18/2023
7,000.0640.38498
07/02/23
D
84,000.75
7,350.0642.40423
07/02/23
E
88,200.79

JR ENGINEER-CIVIL
Start Date
Hourly Annual
Monthly
Step
5,624.0532.44649
07/02/23
A
67,488.69
5,905.2634.06881
07/02/23
B
70,863.12
6,200.5235.77226
07/02/23
C
74,406.30
6,510.5537.56087
07/02/23
D
78,126.60
6,836.0739.43891
07/02/23
E
82,032.93

JR PLANNER
Start Date
Hourly Annual
Monthly
Step
5,398.3931.14456
07/02/23
A
64,780.68
5,668.3132.70179
07/02/23
B
68,019.72
5,951.7234.33688
07/02/23
C
71,420.71
6,249.3136.05372
07/02/23
D
74,991.73
6,561.7737.85641
07/02/23
E
78,741.33

LIBRARIAN I
A
Start Date
Hourly Annual
Monthly
Step
5,671.9132.72257
07/02/23
A
68,062.94
5,955.5034.35870
07/02/23
B
71,466.09
6,253.2836.07663
07/02/23
C
75,039.39
6,565.9437.88046
07/02/23
D
78,791.35
6,894.2439.77449
07/02/23
E
82,730.93

LIBRARIAN II
A
Start Date
Hourly Annual
Monthly
Step
6,260.8236.12013
07/02/23
A
75,129.87
6,573.8637.92614
07/02/23
B
78,886.37
6,902.5539.82244
07/02/23
C
82,830.67
7,247.6841.81357
07/02/23
D
86,972.22
7,610.0643.90424
07/02/23
E
91,320.81

LIBRARY ASSISTANT I
A
Start Date
Hourly Annual
Monthly
Step
3,549.1020.47558
07/02/23
A
42,589.20
3,726.5521.49936
07/02/23
B
44,718.66
3,912.8822.57433
07/02/23
C
46,954.60
4,108.5223.70305
07/02/23
D
49,302.34
4,313.9524.88820
07/02/23
E
51,767.45

LIBRARY ASSISTANT II
A
Start Date
Hourly Annual
Monthly
Step
3,916.9222.59762
07/02/23
A
47,003.04
4,112.7623.72751
07/02/23
B
49,353.22
4,318.4024.91388
07/02/23
C
51,820.87
4,534.3226.15958
07/02/23
D
54,411.92
151
Full\Dept Heads
Report Run Date:
11/18/2023
4,761.0427.46755
07/02/23
E
57,132.50

LIBRARY MANAGER
A
Start Date
Hourly Annual
Monthly
Step
12,475.1271.97188
07/02/23
MX
149,701.51
9,706.6756.00004
07/02/23
MN
116,480.08

LIBRARY SPECIALIST
A
Start Date
Hourly Annual
Monthly
Step
4,114.1923.73572
07/02/23
A
49,370.29
4,319.9024.92251
07/02/23
B
51,838.82
4,535.8926.16864
07/02/23
C
54,430.77
4,762.6927.47707
07/02/23
D
57,152.30
5,000.8228.85092
07/02/23
E
60,009.91

MAINTENANCE MANAGER
A
Start Date
Hourly Annual
Monthly
Step
9,254.4553.39108
07/02/23
A
111,053.44
9,717.1756.06064
07/02/23
B
116,606.13
10,203.0358.86367
07/02/23
C
122,436.43
10,713.1861.80685
07/02/23
D
128,558.24
11,248.8464.89720
07/02/23
E
134,986.17

MAINTENANCE SUPERVISOR
A
Start Date
Hourly Annual
Monthly
Step
6,980.1040.26984
07/02/23
A
83,761.26
7,329.1142.28333
07/02/23
B
87,949.32
7,695.5644.39750
07/02/23
C
92,346.80
8,080.3446.61737
07/02/23
D
96,964.12
8,484.3648.94824
07/02/23
E
101,812.33

MAINTENANCE WORKER I
Start Date
Hourly Annual
Monthly
Step
4,014.3023.15945
07/02/23
A
48,171.65
4,215.0224.31743
07/02/23
B
50,580.25
4,425.7725.53330
07/02/23
C
53,109.26
4,647.0526.80996
07/02/23
D
55,764.71
4,879.4128.15046
07/02/23
E
58,552.95

MAINTENANCE WORKER II
A
Start Date
Hourly Annual
Monthly
Step
4,218.2124.33587
07/02/23
A
50,618.60
4,429.1225.55267
07/02/23
B
53,149.55
4,650.5826.83030
07/02/23
C
55,807.02
4,883.1128.17182
07/02/23
D
58,597.38
5,127.2729.58041
07/02/23
E
61,527.25

MANAGEMENT ANALYST AT-WILL
A
Start Date
Hourly Annual
Monthly
Step
152
Full\Dept Heads
Report Run Date:
11/18/2023
7,467.5043.08178
07/02/23
A
89,610.10
7,840.8845.23587
07/02/23
B
94,090.60
8,232.9247.49766
07/02/23
C
98,795.13
8,644.5749.87254
07/02/23
D
103,734.88
9,076.8052.36617
07/02/23
E
108,921.63

OFFICE ASSISTANT I
A
Start Date
Hourly Annual
Monthly
Step
3,924.7522.64281
07/02/23
A
47,097.04
4,120.9923.77495
07/02/23
B
49,451.89
4,327.0424.96370
07/02/23
C
51,924.49
4,543.3926.21188
07/02/23
D
54,520.71
4,770.5627.52248
07/02/23
E
57,246.75

OFFICE ASSISTANT II
A
Start Date
Hourly Annual
Monthly
Step
4,317.2324.90710
07/02/23
A
51,806.76
4,533.0926.15245
07/02/23
B
54,397.09
4,759.7427.46008
07/02/23
C
57,116.96
4,997.7328.83308
07/02/23
D
59,972.80
5,247.6130.27473
07/02/23
E
62,971.43
PARAMEDIC/FIREFIGHTER (56 HR)
A
Start Date
Hourly Annual
Monthly
Step
8,032.9634.97662
07/02/23
A
96,395.56
8,434.6136.72545
07/02/23
B
101,215.34
8,856.3438.56172
07/02/23
C
106,276.10
9,299.1540.48980
07/02/23
D
111,589.88
9,764.1142.51429
07/02/23
E
117,169.38
PARAMEDIC/FIREFIGHTER/ADMIN 40
A
Start Date
Hourly Annual
Monthly
Step
8,487.6548.96726
07/02/23
A
101,851.90
8,912.0451.41562
07/02/23
B
106,944.48
9,357.6453.98641
07/02/23
C
112,291.73
9,825.5256.68573
07/02/23
D
117,906.31
10,316.8059.52001
07/02/23
E
123,801.62

PARK RANGER
A
Start Date
Hourly Annual
Monthly
Step
5,013.1328.92193
07/02/23
A
60,157.61
5,263.7930.36803
07/02/23
B
63,165.50
5,526.9831.88643
07/02/23
C
66,323.77
5,803.3333.48075
07/02/23
D
69,639.96
6,093.4935.15479
07/02/23
E
73,121.96

PARKS & COMMUNITY SRVS MANAGER
Start Date
Hourly Annual
Monthly
Step
12,475.1271.97188
07/02/23
MX
149,701.51
153
Full\Dept Heads
Report Run Date:
11/18/2023
9,706.6756.00004
07/02/23
MN
116,480.08

PARKS & LANDSCAPE INSPECTOR I
Start Date
Hourly Annual
Monthly
Step
5,349.3930.86187
07/02/23
A
64,192.68
5,616.8632.40497
07/02/23
B
67,402.33
5,897.7034.02522
07/02/23
C
70,772.45
6,192.5835.72648
07/02/23
D
74,311.07
6,502.2137.51280
07/02/23
E
78,026.62

PARKS & LANDSCAPE INSPECTOR II
Start Date
Hourly Annual
Monthly
Step
5,944.2134.29356
07/02/23
A
71,330.60
6,241.4236.00824
07/02/23
B
74,897.13
6,553.5037.80866
07/02/23
C
78,642.01
6,881.1739.69909
07/02/23
D
82,574.10
7,225.2341.68404
07/02/23
E
86,702.80

PARKS MAINTENANCE SUPERINTEN
A
Start Date
Hourly Annual
Monthly
Step
7,978.1746.02794
07/02/23
A
95,738.11
8,377.0848.32934
07/02/23
B
100,525.02
8,795.9350.74580
07/02/23
C
105,551.26
9,235.7353.28309
07/02/23
D
110,828.82
9,697.5255.94725
07/02/23
E
116,370.28

PLAN REVIEW SUPERVISOR
A
Start Date
Hourly Annual
Monthly
Step
7,947.5145.85106
07/02/23
A
95,370.20
8,344.8948.14361
07/02/23
B
100,138.70
8,762.1350.55079
07/02/23
C
105,145.64
9,200.2453.07833
07/02/23
D
110,402.92
9,660.2555.73225
07/02/23
E
115,923.08

PLANS EXAMINER
A
Start Date
Hourly Annual
Monthly
Step
6,910.8839.87049
07/02/23
A
82,930.61
7,256.4241.86401
07/02/23
B
87,077.14
7,619.2443.95721
07/02/23
C
91,431.00
8,000.2146.15507
07/02/23
D
96,002.54
8,400.2248.46282
07/02/23
E
100,802.66

POLICE AGENT
A
Start Date
Hourly Annual
Monthly
Step
8,925.6551.49414
07/02/23
A
107,107.81
9,371.9354.06885
07/02/23
B
112,463.20
9,840.5356.77229
07/02/23
C
118,086.36
10,332.5559.61090
07/02/23
D
123,990.67
10,849.1862.59145
07/02/23
E
130,190.21
154
Full\Dept Heads
Report Run Date:
11/18/2023

POLICE CAPTAIN
A
Start Date
Hourly Annual
Monthly
Step
17,058.9498.41697
07/02/23
A
204,707.29
17,911.88103.33782
07/02/23
B
214,942.66
18,807.48108.50471
07/02/23
C
225,689.79
19,747.85113.92995
07/02/23
D
236,974.29
20,735.24119.62644
07/02/23
E
248,823.00

POLICE CHIEF
A
Start Date
Hourly Annual
Monthly
Step
24,670.81142.33161
07/02/23
MX
296,049.74
19,330.13111.52000
07/02/23
MN
231,961.60

POLICE CORPORAL
A
Start Date
Hourly Annual
Monthly
Step
8,925.6551.49414
07/02/23
A
107,107.81
9,371.9354.06885
07/02/23
B
112,463.20
9,840.5356.77229
07/02/23
C
118,086.36
10,332.5559.61090
07/02/23
D
123,990.67
10,849.1862.59145
07/02/23
E
130,190.21

POLICE DETECTIVE I
A
Start Date
Hourly Annual
Monthly
Step
8,925.6551.49414
07/02/23
A
107,107.81
9,371.9354.06885
07/02/23
B
112,463.20
9,840.5356.77229
07/02/23
C
118,086.36
10,332.5559.61090
07/02/23
D
123,990.67
10,849.1862.59145
07/02/23
E
130,190.21

POLICE DETECTIVE II
A
Start Date
Hourly Annual
Monthly
Step
9,371.9354.06885
07/02/23
A
112,463.20
9,840.5356.77229
07/02/23
B
118,086.36
10,332.4159.61010
07/02/23
C
123,989.00
10,849.1862.59145
07/02/23
D
130,190.21
11,391.6465.72102
07/02/23
E
136,699.72

POLICE DETECTIVE III
A
Start Date
Hourly Annual
Monthly
Step
9,840.5356.77229
12/20/23
A
118,086.36
10,332.5559.61090
12/20/23
B
123,990.67
10,849.1862.59145
12/20/23
C
130,190.21
11,391.6465.72102
12/20/23
D
136,699.72
11,961.2269.00707
12/20/23
E
143,534.70

POLICE LIEUTENANT
A
Start Date
Hourly Annual
Monthly
Step
13,366.1277.11227
07/02/23
A
160,393.52
155
Full\Dept Heads
Report Run Date:
11/18/2023
14,034.4380.96789
07/02/23
B
168,413.21
14,736.1585.01628
07/02/23
C
176,833.86
15,472.9689.26709
07/02/23
D
185,675.54
16,246.6193.73045
07/02/23
E
194,959.33

POLICE OFFICER
A
Start Date
Hourly Annual
Monthly
Step
8,094.0646.69650
07/02/23
A
97,128.72
8,498.7649.03132
07/02/23
B
101,985.14
8,923.7051.48289
07/02/23
C
107,084.41
9,369.8854.05703
07/02/23
D
112,438.62
9,838.3756.75988
07/02/23
E
118,060.55

POLICE RECORDS SUPERVISOR
A
Start Date
Hourly Annual
Monthly
Step
5,839.4733.68928
07/02/23
A
70,073.70
6,131.4535.37375
07/02/23
B
73,577.40
6,438.0237.14243
07/02/23
C
77,256.25
6,759.9238.99955
07/02/23
D
81,119.06
7,097.9140.94953
07/02/23
E
85,175.02

POLICE RECRUIT
A
Start Date
Hourly Annual
Monthly
Step
6,806.2239.26666
07/02/23
A
81,674.65
7,146.5341.22999
07/02/23
B
85,758.37
7,503.8543.29149
07/02/23
C
90,046.29
7,879.0545.45607
07/02/23
D
94,548.62
8,273.0047.72887
07/02/23
E
99,276.04

POLICE SERGEANT
A
Start Date
Hourly Annual
Monthly
Step
10,472.7060.41948
07/02/23
A
125,672.51
10,996.3463.44046
07/02/23
B
131,956.15
11,546.1666.61248
07/02/23
C
138,553.95
12,123.4769.94310
07/02/23
D
145,481.64
12,729.6473.44026
07/02/23
E
152,755.74

POLICE SERVICES TECHNICIAN I
A
Start Date
Hourly Annual
Monthly
Step
3,924.7522.64281
07/02/23
A
47,097.04
4,120.9923.77495
07/02/23
B
49,451.89
4,327.0424.96370
07/02/23
C
51,924.49
4,543.3926.21188
07/02/23
D
54,520.71
4,770.5627.52248
07/02/23
E
57,246.75

POLICE SERVICES TECHNICIAN II
A
Start Date
Hourly Annual
Monthly
Step
4,317.2324.90710
07/02/23
A
51,806.76
4,533.0926.15245
07/02/23
B
54,397.09
156
Full\Dept Heads
Report Run Date:
11/18/2023
4,759.7427.46008
07/02/23
C
57,116.96
4,997.7328.83308
07/02/23
D
59,972.80
5,247.6130.27473
07/02/23
E
62,971.43

POLICE SUPPORT SVS SUPERVISOR
A
Start Date
Hourly Annual
Monthly
Step
6,310.7836.40839
07/02/23
A
75,729.45
6,626.3238.22881
07/02/23
B
79,515.92
6,957.6440.14025
07/02/23
C
83,491.72
7,305.5242.14726
07/02/23
D
87,666.30
7,670.8044.25462
07/02/23
E
92,049.60

PRINCIPAL CIVIL ENGINEER
A
Start Date
Hourly Annual
Monthly
Step
12,555.9072.43791
07/02/23
MX
150,670.85
10,329.7759.59485
07/02/23
MN
123,957.28

PRINCIPAL LIBRARIAN
Start Date
Hourly Annual
Monthly
Step
7,229.3341.70770
07/02/23
A
86,752.01
7,590.8043.79308
07/02/23
B
91,089.60
7,970.3345.98273
07/02/23
C
95,644.07
8,368.8548.28187
07/02/23
D
100,426.28
8,787.2950.69596
07/02/23
E
105,447.59

PROPERTY/EVIDENCE TECHNICIAN
A
Start Date
Hourly Annual
Monthly
Step
4,130.1823.82798
07/02/23
A
49,562.19
4,336.6925.01937
07/02/23
B
52,040.28
4,553.5226.27034
07/02/23
C
54,642.30
4,781.2027.58386
07/02/23
D
57,374.42
5,020.2628.96305
07/02/23
E
60,243.14

PUBLIC INFORMATION OFFICER
A
Start Date
Hourly Annual
Monthly
Step
9,612.3855.45606
07/02/23
A
115,348.60
10,093.0058.22886
07/02/23
B
121,116.02
10,597.6561.14030
07/02/23
C
127,171.82
11,127.5364.19732
07/02/23
D
133,530.42
11,683.9167.40718
07/02/23
E
140,206.93

PUBLIC SAFETY COMMUNICATIO MGR
A
Start Date
Hourly Annual
Monthly
Step
12,767.1073.65635
07/02/23
MX
153,205.20
10,503.5260.59726
07/02/23
MN
126,042.30

PUBLIC SAFETY DISPATCH SUPVR
A
Start Date
Hourly Annual
Monthly
Step
7,179.7841.42185
07/02/23
A
86,157.44
157
Full\Dept Heads
Report Run Date:
11/18/2023
7,538.7743.49295
07/02/23
B
90,465.33
7,915.7145.66759
07/02/23
C
94,988.58
8,311.5047.95097
07/02/23
D
99,738.01
8,727.0750.34852
07/02/23
E
104,724.92

PUBLIC SAFETY DISPATCHER I
A
Start Date
Hourly Annual
Monthly
Step
5,142.5729.66870
07/02/23
A
61,710.89
5,399.7031.15213
07/02/23
B
64,796.43
5,669.6832.70974
07/02/23
C
68,036.25
5,953.1734.34523
07/02/23
D
71,438.07
6,250.8336.06249
07/02/23
E
75,009.97

PUBLIC SAFETY DISPATCHER II
A
Start Date
Hourly Annual
Monthly
Step
5,656.8332.63559
07/02/23
A
67,882.02
5,939.6734.26737
07/02/23
B
71,276.12
6,236.6635.98074
07/02/23
C
74,839.93
6,548.4937.77977
07/02/23
D
78,581.92
6,875.9139.66876
07/02/23
E
82,511.02

PUBLIC SAFETY RADIO SYST ADMIN
Start Date
Hourly Annual
Monthly
Step
6,310.7836.40839
07/02/23
A
75,729.45
6,626.3238.22881
07/02/23
B
79,515.92
6,957.6440.14025
07/02/23
C
83,491.72
7,305.5242.14726
07/02/23
D
87,666.30
7,670.8044.25462
07/02/23
E
92,049.60

PURCHASING & CONTRACTS COORD
A
Start Date
Hourly Annual
Monthly
Step
5,398.3931.14456
07/02/23
A
64,780.68
5,668.3132.70179
07/02/23
B
68,019.72
5,951.7234.33688
07/02/23
C
71,420.71
6,249.3136.05372
07/02/23
D
74,991.73
6,561.7737.85641
07/02/23
E
78,741.33

PURCHASING MANAGER
Start Date
Hourly Annual
Monthly
Step
10,688.8261.66629
07/02/23
MX
128,265.88
8,793.7250.73301
07/02/23
MN
105,524.66

PW EQUIPMENT OPER/SR MAIN WRKR
Start Date
Hourly Annual
Monthly
Step
4,654.5226.85305
07/02/23
A
55,854.34
4,887.2528.19570
07/02/23
B
58,647.05
5,131.6129.60548
07/02/23
C
61,579.39
5,388.1931.08576
07/02/23
D
64,658.38
5,657.6032.64005
07/02/23
E
67,891.30
158
Full\Dept Heads
Report Run Date:
11/18/2023

PW INSPECTION SUPERINTENDENT
Start Date
Hourly Annual
Monthly
Step
7,978.1746.02794
07/02/23
A
95,738.11
8,377.0848.32934
07/02/23
B
100,525.02
8,795.9350.74580
07/02/23
C
105,551.26
9,235.7353.28309
07/02/23
D
110,828.82
9,697.5255.94725
07/02/23
E
116,370.28

PW INSPECTION SUPERVISOR
Start Date
Hourly Annual
Monthly
Step
6,711.6438.72100
07/02/23
A
80,539.68
7,047.2240.65705
07/02/23
B
84,566.66
7,399.5842.68990
07/02/23
C
88,794.99
7,769.5644.82440
07/02/23
D
93,234.75
8,158.0447.06562
07/02/23
E
97,896.48

PW INSPECTOR
A
Start Date
Hourly Annual
Monthly
Step
5,944.2134.29356
07/02/23
A
71,330.60
6,241.4236.00824
07/02/23
B
74,897.13
6,553.5037.80866
07/02/23
C
78,642.01
6,881.1739.69909
07/02/23
D
82,574.10
7,225.2341.68404
07/02/23
E
86,702.80

RECORDS CLERK
A
Start Date
Hourly Annual
Monthly
Step
3,916.9222.59762
07/02/23
A
47,003.04
4,112.7623.72751
07/02/23
B
49,353.22
4,318.4024.91388
07/02/23
C
51,820.87
4,534.3226.15958
07/02/23
D
54,411.92
4,761.0427.46755
07/02/23
E
57,132.50

RECORDS MANAGER
A
Start Date
Hourly Annual
Monthly
Step
7,032.5140.57221
07/02/23
A
84,390.19
7,384.1442.60082
07/02/23
B
88,609.70
7,753.3444.73086
07/02/23
C
93,040.18
8,141.0146.96740
07/02/23
D
97,692.19
8,548.0649.31577
07/02/23
E
102,576.80

RECREATION COORDINATOR
Start Date
Hourly Annual
Monthly
Step
4,542.2426.20528
07/02/23
A
54,506.98
4,769.3627.51555
07/02/23
B
57,232.34
5,007.8228.89132
07/02/23
C
60,093.94
5,258.2230.33589
07/02/23
D
63,098.65
5,521.1331.85268
07/02/23
E
66,253.57
159
Full\Dept Heads
Report Run Date:
11/18/2023

RECREATION SUPERVISOR
A
Start Date
Hourly Annual
Monthly
Step
6,424.5837.06490
07/02/23
A
77,094.99
6,745.8138.91814
07/02/23
B
80,949.73
7,083.1040.86405
07/02/23
C
84,997.22
7,437.2542.90725
07/02/23
D
89,247.08
7,809.1145.05261
07/02/23
E
93,709.42

RISK MANAGEMENT TECHNICIAN
A
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
5,724.2533.02452
07/02/23
B
68,691.00
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40953
07/02/23
D
75,731.82
6,626.5338.23000
07/02/23
E
79,518.40

SENIOR CIVIL ENGINEER
A
Start Date
Hourly Annual
Monthly
Step
9,112.2552.57069
07/02/23
A
109,347.03
9,567.8655.19922
07/02/23
B
114,814.37
10,046.2557.95919
07/02/23
C
120,555.11
10,548.5760.85715
07/02/23
D
126,582.87
11,076.0063.90000
07/02/23
E
132,912.00

SENIOR RECORDS COORDINATOR
A
Start Date
Hourly Annual
Monthly
Step
4,791.4127.64280
07/02/23
A
57,497.02
5,030.9829.02494
07/02/23
B
60,371.87
5,282.5330.47619
07/02/23
C
63,390.47
5,546.6632.00000
07/02/23
D
66,560.00
5,824.0033.60000
07/02/23
E
69,888.00

SR CODE ENFORCEMENT OFFICER
Start Date
Hourly Annual
Monthly
Step
5,812.7833.53527
07/02/23
A
69,753.36
6,103.4135.21203
07/02/23
B
73,241.02
6,408.5936.97264
07/02/23
C
76,903.09
6,729.0238.82127
07/02/23
D
80,748.24
7,065.4740.76233
07/02/23
E
84,785.64

SR CRIME ANALYST
A
Start Date
Hourly Annual
Monthly
Step
6,717.7938.75652
07/02/23
A
80,613.56
7,053.6840.69434
07/02/23
B
84,644.22
7,406.3742.72906
07/02/23
C
88,876.44
7,776.6844.86551
07/02/23
D
93,320.26
8,165.5247.10879
07/02/23
E
97,986.28

SR DEVELOPMENT SERVICES TECH
A
160
Full\Dept Heads
Report Run Date:
11/18/2023
Start Date
Hourly Annual
Monthly
Step
6,039.0834.84086
07/02/23
A
72,468.98
6,341.0336.58291
07/02/23
B
76,092.45
6,658.0838.41205
07/02/23
C
79,897.06
6,990.9940.33265
07/02/23
D
83,891.91
7,340.5442.34929
07/02/23
E
88,086.52

SR EXECUTIVE ASSISTANT
A
Start Date
Hourly Annual
Monthly
Step
6,518.9737.60945
07/02/23
A
78,227.65
6,844.9139.48992
07/02/23
B
82,139.03
7,187.1641.46442
07/02/23
C
86,245.99
7,546.5243.53764
07/02/23
D
90,558.29
7,923.8545.71452
07/02/23
E
95,086.20

SR FINANCIAL ANALYST
A
Start Date
Hourly Annual
Monthly
Step
8,365.0048.25965
07/02/23
A
100,380.07
8,783.2550.67263
07/02/23
B
105,399.07
9,222.4153.20626
07/02/23
C
110,669.02
9,683.5455.86658
07/02/23
D
116,202.48
10,167.7158.65991
07/02/23
E
122,012.61

SR HUMAN RESOURCES ANALYST
A
Start Date
Hourly Annual
Monthly
Step
8,365.0048.25965
07/02/23
A
100,380.07
8,783.2550.67263
07/02/23
B
105,399.07
9,222.4153.20626
07/02/23
C
110,669.02
9,683.5455.86658
07/02/23
D
116,202.48
10,167.7158.65991
07/02/23
E
122,012.61

SR MAINTENANCE WORKER
A
Start Date
Hourly Annual
Monthly
Step
4,818.8827.80124
07/02/23
A
57,826.57
5,059.8229.19131
07/02/23
B
60,717.92
5,312.8130.65087
07/02/23
C
63,753.80
5,578.4532.18341
07/02/23
D
66,941.49
5,857.3833.79258
07/02/23
E
70,288.56

SR MANAGEMENT ANALYST
A
Start Date
Hourly Annual
Monthly
Step
8,365.0048.25965
07/02/23
A
100,380.07
8,783.2550.67263
07/02/23
B
105,399.07
9,222.4153.20626
07/02/23
C
110,669.02
9,683.5455.86658
07/02/23
D
116,202.48
10,167.7158.65991
07/02/23
E
122,012.61

SR PLANNER
A
Start Date
Hourly Annual
Monthly
Step
161
Full\Dept Heads
Report Run Date:
11/18/2023
8,063.9446.52274
07/02/23
A
96,767.29
8,467.1348.84888
07/02/23
B
101,605.67
8,890.4951.29132
07/02/23
C
106,685.94
9,335.0153.85588
07/02/23
D
112,020.23
9,801.7756.54868
07/02/23
E
117,621.25

SR PLANS EXAMINER
A
Start Date
Hourly Annual
Monthly
Step
7,601.9743.85754
07/02/23
A
91,223.68
7,982.0746.05041
07/02/23
B
95,784.85
8,381.1748.35293
07/02/23
C
100,574.09
8,800.2350.77058
07/02/23
D
105,602.80
9,240.2453.30911
07/02/23
E
110,882.94

SR PROGRAM MANAGER
A
Start Date
Hourly Annual
Monthly
Step
10,673.8561.57991
07/02/23
A
128,086.21
11,207.5464.65891
07/02/23
B
134,490.53
11,767.9267.89185
07/02/23
C
141,215.04
12,356.3171.28644
07/02/23
D
148,275.79
12,974.1374.85077
07/02/23
E
155,689.60

SR PUBLIC WORKS INSPECTOR
A
Start Date
Hourly Annual
Monthly
Step
6,538.6337.72291
07/02/23
A
78,463.65
6,865.5739.60906
07/02/23
B
82,386.84
7,208.8441.58951
07/02/23
C
86,506.18
7,569.2943.66899
07/02/23
D
90,831.49
7,947.7545.85244
07/02/23
E
95,373.07

SR RECREATION COORDINATOR
A
Start Date
Hourly Annual
Monthly
Step
5,531.5731.91293
07/02/23
A
66,378.89
5,808.1533.50858
07/02/23
B
69,697.84
6,098.5635.18401
07/02/23
C
73,182.74
6,403.4836.94321
07/02/23
D
76,841.87
6,723.6638.79037
07/02/23
E
80,683.96

SUPERVISING LIBRARIAN
A
Start Date
Hourly Annual
Monthly
Step
6,873.8739.65699
07/02/23
A
82,486.53
7,217.5741.63984
07/02/23
B
86,610.86
7,578.4543.72184
07/02/23
C
90,941.42
7,957.3745.90793
07/02/23
D
95,488.49
8,355.2448.20332
07/02/23
E
100,262.90

TRAFFIC ENGINEER
Start Date
Hourly Annual
Monthly
Step
10,808.9762.35945
07/02/23
A
129,707.65
162
Full\Dept Heads
Report Run Date:
11/18/2023
11,349.4165.47742
07/02/23
B
136,193.03
11,916.8968.75129
07/02/23
C
143,002.68
12,512.7372.18886
07/02/23
D
150,152.82
13,138.3775.79830
07/02/23
E
157,660.46

TRAFFIC SIGNAL TECHNICIAN
A
Start Date
Hourly Annual
Monthly
Step
6,910.8839.87049
07/02/23
A
82,930.61
7,256.4241.86401
07/02/23
B
87,077.14
7,619.2443.95721
07/02/23
C
91,431.00
8,000.2146.15507
07/02/23
D
96,002.54
8,400.2248.46282
07/02/23
E
100,802.66
163
Part Time
Report Run Date:
11/18/2023

PT ACCOUNTING SPECIALIST
Start Date
Hourly Annual
Monthly
Step
2,291.4326.43967
07/02/23
A
27,497.25
2,406.0027.76165
07/02/23
B
28,872.11
2,526.3029.14973
07/02/23
C
30,315.71
2,652.6230.60722
07/02/23
D
31,831.50
2,785.2532.13758
07/02/23
E
33,423.08

PT ACCOUNTING TECHNICIAN
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
5,724.2433.02451
07/02/23
B
68,690.98
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40952
07/02/23
D
75,731.80
6,626.5338.23000
07/02/23
E
79,518.40

PT CASHIER
A
Start Date
Hourly Annual
Monthly
Step
3,245.6618.72499
07/02/23
A
38,947.97
3,407.9419.66124
07/02/23
B
40,895.37
3,578.3420.64430
07/02/23
C
42,940.14
3,757.2621.67651
07/02/23
D
45,087.14
3,945.1222.76034
07/02/23
E
47,341.50

PT CODE ENFORCEMENT OFFICER I
Start Date
Hourly Annual
Monthly
Step
5,555.3432.05005
07/02/23
A
66,664.10
5,833.1033.65255
07/02/23
B
69,997.30
6,124.7635.33518
07/02/23
C
73,497.17
6,431.0037.10194
07/02/23
D
77,172.03
6,752.5538.95704
07/02/23
E
81,030.64

PT FIRE INSPECTOR I (NONE)
A
Start Date
Hourly Annual
Monthly
Step
6,405.3036.95371
07/02/23
A
76,863.71
6,725.5738.80139
07/02/23
B
80,706.89
7,061.8540.74146
07/02/23
C
84,742.23
7,414.9442.77854
07/02/23
D
88,979.36
7,785.6944.91746
07/02/23
E
93,428.31

PT FIRE MECHANIC
A
Start Date
Hourly Annual
Monthly
Step
4,406.2225.42052
07/02/23
A
52,874.68
4,626.5326.69155
07/02/23
B
55,518.42
4,857.8628.02613
07/02/23
C
58,294.35
5,100.7529.42743
07/02/23
D
61,209.05
5,355.7930.89881
07/02/23
E
64,269.52

PT INTERN
A
164
Part Time
Report Run Date:
11/18/2023
Start Date
Hourly Annual
Monthly
Step
3,785.6021.84000
07/02/23
MX
45,427.20
2,839.2016.38000
07/02/23
MN
34,070.40

PT IT TECHNICIAN I
Start Date
Hourly Annual
Monthly
Step
5,451.6631.45192
07/02/23
A
65,419.99
5,724.2433.02451
07/02/23
B
68,690.98
6,010.4634.67574
07/02/23
C
72,125.53
6,310.9836.40952
07/02/23
D
75,731.80
6,626.5338.23000
07/02/23
E
79,518.40

PT LIBRARIAN I
Start Date
Hourly Annual
Monthly
Step
5,671.9132.72257
07/02/23
A
68,062.94
5,955.5034.35870
07/02/23
B
71,466.09
6,253.2836.07663
07/02/23
C
75,039.39
6,565.9437.88046
07/02/23
D
78,791.35
6,894.2439.77449
07/02/23
E
82,730.93

PT LIBRARY ASSISTANT I
A
Start Date
Hourly Annual
Monthly
Step
3,549.1020.47558
07/02/23
A
42,589.20
3,726.5521.49936
07/02/23
B
44,718.66
3,912.8822.57433
07/02/23
C
46,954.60
4,108.5223.70305
07/02/23
D
49,302.34
4,313.9524.88820
07/02/23
E
51,767.45

PT LIBRARY ASSISTANT II
A
Start Date
Hourly Annual
Monthly
Step
3,916.9222.59762
07/02/23
A
47,003.04
4,112.7623.72751
07/02/23
B
49,353.22
4,318.4024.91388
07/02/23
C
51,820.87
4,534.3226.15958
07/02/23
D
54,411.92
4,761.0427.46755
07/02/23
E
57,132.50

PT LIBRARY PAGE
A
Start Date
Hourly Annual
Monthly
Step
2,839.2016.38000
07/02/23
A
34,070.40
2,981.1617.19900
07/02/23
B
35,773.92
3,130.2118.05895
07/02/23
C
37,562.61
3,286.7218.96189
07/02/23
D
39,440.73
3,451.0619.90999
07/02/23
E
41,412.77

PT LIFEGUARD LEAD SEASONAL
Start Date
Hourly Annual
Monthly
Step
3,130.2118.05894
07/02/23
A
37,562.59
3,286.7218.96189
07/02/23
B
39,440.73
3,451.0619.90999
07/02/23
C
41,412.77
165
Part Time
Report Run Date:
11/18/2023
3,623.6120.90549
07/02/23
D
43,483.41
3,804.7921.95076
07/02/23
E
45,657.58

PT LIFEGUARD SEASONAL
A
Start Date
Hourly Annual
Monthly
Step
2,839.2016.38000
07/02/23
A
34,070.40
2,981.1617.19900
07/02/23
B
35,773.92
3,130.2118.05895
07/02/23
C
37,562.61
3,286.7218.96189
07/02/23
D
39,440.73
3,451.0619.90999
07/02/23
E
41,412.77

PT LIFEGUARD SENIOR SEASONAL
Start Date
Hourly Annual
Monthly
Step
3,443.2419.86485
07/02/23
A
41,318.88
3,615.4020.85809
07/02/23
B
43,384.82
3,796.1721.90099
07/02/23
C
45,554.05
3,985.9822.99604
07/02/23
D
47,831.76
4,185.2824.14585
07/02/23
E
50,223.36

PT LIFEGUARD/WSI SEASONAL
A
Start Date
Hourly Annual
Monthly
Step
2,981.1617.19900
07/02/23
A
35,773.92
3,130.2118.05895
07/02/23
B
37,562.61
3,286.7218.96189
07/02/23
C
39,440.73
3,451.0619.90999
07/02/23
D
41,412.77
3,623.6120.90549
07/02/23
E
43,483.41

PT LIVE SCAN TECHNICIAN
A
Start Date
Hourly Annual
Monthly
Step
2,958.8917.07055
07/02/23
A
35,506.74
3,106.8417.92408
07/02/23
B
37,282.08
3,262.1818.82028
07/02/23
C
39,146.18
3,425.2919.76130
07/02/23
D
41,103.50
3,596.5520.74936
07/02/23
E
43,158.66

PT MAINTENANCE WORKER I
A
Start Date
Hourly Annual
Monthly
Step
4,014.3023.15945
07/02/23
A
48,171.65
4,215.0224.31743
07/02/23
B
50,580.25
4,425.7725.53330
07/02/23
C
53,109.26
4,647.0526.80996
07/02/23
D
55,764.71
4,879.4128.15046
07/02/23
E
58,552.95

PT POLICE AIDE
A
Start Date
Hourly Annual
Monthly
Step
2,839.2016.38000
07/02/23
A
34,070.40
2,981.1617.19900
07/02/23
B
35,773.92
3,130.2118.05895
07/02/23
C
37,562.61
3,286.7218.96189
07/02/23
D
39,440.73
166
Part Time
Report Run Date:
11/18/2023
3,451.0619.90999
07/02/23
E
41,412.77

PT POLICE CADET
A
Start Date
Hourly Annual
Monthly
Step
2,839.2016.38000
07/02/23
A
34,070.40
2,981.1617.19900
07/02/23
B
35,773.92
3,130.2118.05895
07/02/23
C
37,562.61
3,286.7218.96189
07/02/23
D
39,440.73
3,451.0619.90999
07/02/23
E
41,412.77

PT POLICE SERVICES TECH II
A
Start Date
Hourly Annual
Monthly
Step
4,317.2324.90710
07/02/23
A
51,806.76
4,533.0926.15245
07/02/23
B
54,397.09
4,759.7427.46008
07/02/23
C
57,116.96
4,997.7328.83308
07/02/23
D
59,972.80
5,247.6130.27473
07/02/23
E
62,971.43

PT POLICE SRVCS TECH I
A
Start Date
Hourly Annual
Monthly
Step
3,924.7522.64281
07/02/23
A
47,097.04
4,120.9923.77495
07/02/23
B
49,451.89
4,327.0424.96370
07/02/23
C
51,924.49
4,543.3926.21188
07/02/23
D
54,520.71
4,770.5627.52248
07/02/23
E
57,246.75

PT PUBLIC SAFETY DISPATCHER II
A
Start Date
Hourly Annual
Monthly
Step
2,828.4132.63559
07/02/23
A
33,941.01
2,969.8334.26737
07/02/23
B
35,638.06
3,118.3335.98074
07/02/23
C
37,419.96
3,274.2437.77977
07/02/23
D
39,290.96
3,437.9539.66876
07/02/23
E
41,255.51

PT RECORDS CLERK
Start Date
Hourly Annual
Monthly
Step
3,916.9222.59762
07/02/23
A
47,003.04
4,112.7623.72751
07/02/23
B
49,353.22
4,318.4024.91388
07/02/23
C
51,820.87
4,534.3226.15958
07/02/23
D
54,411.92
4,761.0427.46755
07/02/23
E
57,132.50

PT RECREATION LEADER
A
Start Date
Hourly Annual
Monthly
Step
2,839.2016.38000
07/02/23
A
34,070.40
2,981.1617.19900
07/02/23
B
35,773.92
3,130.2118.05895
07/02/23
C
37,562.61
3,286.7218.96189
07/02/23
D
39,440.73
3,451.0619.90999
07/02/23
E
41,412.77
167
Part Time
Report Run Date:
11/18/2023

PT RECREATION SPECIALIST
A
Start Date
Hourly Annual
Monthly
Step
2,839.2016.38000
07/02/23
A
34,070.40
2,981.1617.19900
07/02/23
B
35,773.92
3,130.2118.05895
07/02/23
C
37,562.61
3,286.7218.96189
07/02/23
D
39,440.73
3,451.0619.90999
07/02/23
E
41,412.77

PT SENIOR PLANNER
A
Start Date
Hourly Annual
Monthly
Step
8,063.9446.52274
07/02/23
A
96,767.29
8,467.1348.84888
07/02/23
B
101,605.67
8,890.4951.29132
07/02/23
C
106,685.94
9,335.0153.85588
07/02/23
D
112,020.23
9,801.7756.54868
07/02/23
E
117,621.25

PT SENIOR RECREATION LEADER
A
Start Date
Hourly Annual
Monthly
Step
3,287.7918.96804
07/02/23
A
39,453.52
3,452.1819.91644
07/02/23
B
41,426.19
3,624.7920.91226
07/02/23
C
43,497.50
3,806.0321.95787
07/02/23
D
45,672.36
3,996.3323.05577
07/02/23
E
47,956.00

PT TEMPORARY OFFICE SPECIALIST
A
Start Date
Hourly Annual
Monthly
Step
3,785.6021.84000
07/02/23
MX
45,427.20
2,839.2016.38000
07/02/23
MN
34,070.40
168

CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No. 6.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Director of Community Services
PREPARED BY: Gretchen Sedlacek, Assistant Management Analyst - Library SUBJECT: Approval of Collection Development Services Agreements

RECOMMENDATION
Approve a two-year Agreement with Brodart Company for Collection Development Services, in the amount not to exceed $30,000 per fiscal year;
Approve a two-year Agreement with Ingram Library Services LLC, for Collection Development Services, in the amount not to exceed $40,000 per fiscal year;
Authorize the City Manager to execute the Agreements with one optional two-year extension.

PRIOR ACTION/VOTE
None.

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

BACKGROUND
The Murrieta Public Library purchases books and other materials from publishers to increase the inventory made available to the public. This standard practice is budgeted through the biennial Operating Budgeting process. The City of Murrieta uses outside vendors to 1) develop general selection criteria and proposed materials to purchase based on factors like demographics and trends for the Murrieta Library, as well as materials that are currently popular or award-winning; and 2) to order the actual materials.

On September 21, 2023, Library staff issued a Request for Quotes for Collection Development Support, which was sent out via Public Notice with the intent of entering into a two-year agreement with up to one additional renewal term of two years with qualified Collection Development vendors. Three quotes were received, and a Library Selection Committee selected two vendors as the most qualified: Ingram Library Services, LLC, as the primary vendor, and Brodart Company, as the secondary vendor. Both vendors are the most traditional companies operating within the library collection development industry, and the Library has experience with these firms. The third vendor that was not selected would have duplicated services.

CITY OF MURRIETA Printed on 12/14/2023Page 1 of 2
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169
12/19/2023
Agenda Item No. 6.

FISCAL IMPACT
The cost for this service, which includes the cost for acquisition of the materials, is not to exceed $140,000 for two years, with a not to exceed a total of $280,000 if extended for an additional two years. Funding is available in account code 3115900-62920 within the Library’sFiscal Year 2023/24 Operating Budget and the Fiscal Year 2024/25 Operating Budget.

ATTACHMENTS

1. Agreement with Brodart Company

2. Agreement with Ingram Library Services, LLC
CITY OF MURRIETA Printed on 12/14/2023Page 2 of 2
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170

AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”): Collection Development Services Contract Number:

Consultant Name (“Consultant”): Brodart Company
Consultant Address: 500 Arch Street, Williamsport, PA 17701 Consultant Representative Name and Title (“Consultant Representative”): Alicia Snarr, Library Consultant
Consultant Representative Work Phone and Email: Phone: 800.233.8467, ext. 6380 Cell: 570-692-2041 [email protected]

Effective Date: December 6, 2023
Termination Date: June 30, 2025
Total Not-To-Exceed Contract Amount (“Contract Sum”): Thirty Thousand Dollars ($30,000.00) per fiscal year not to exceed One Hundred and Twenty Thousand Dollars ( $120,000.00) cumulatively.

City Department Contact (“Department Contact”): Gretchen Sedlacek Department Contact Work Phone and Email: 951.461.6147 [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

RECITALS
A. The City desires to contract with a Consultant to provide professional services as more further set forth herein.

B. The City circulated a Request for Proposals for the above -described professional services.

C. Consultant submitted a proposal to City to provide the above -described professional services.

D. City Staff has reviewed all the proposals and after considering the demonstra ted competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant’s proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.

171

THIS AGREEMENT FOR SERVICES (“Agreement”) is made and entered into as of the Effective Date set forth above by and between CITY OF MURRIETA, a California municipal corporation (“City”) and (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.

1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid , which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of t he services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) 172

fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compat ible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Ex hibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the rates specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference . The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures , if both are specified in the Schedule of Compensation, as well as approved by City in advance.

2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Section s 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, fro m the submission of an invoice in an approved form. In the event any charges or expenses are disputed by 173

City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hour s worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation ; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. The Agreement shall commence upon the Effective Date set forth above and will continue until the Termination Date. This Agreement may be extended for up to one, additional two-year period upon the mutual agreement in writing of both parties.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.

Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed from City and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or o f the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) d ays of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this 174

Agreement, however c aused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.1 Representative of Consultant. The Consultant Representative is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.

4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant , or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.

No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.

City shall not be liable for compensation or indemnification to Consultant , its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of 175

competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant , or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to en ter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other City to perform in whole or in part services required hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Cover ages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.

5.2 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of them harmles s from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invit ees, or any individual or City for which Consultant is legally liable (each an “ Indemnitor” and collectively, “ Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reim burse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
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(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.

Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, rec klessness or willful misconduct of the design professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligen ce or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct.

Consultant will not be entitled in th e absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. (c) Pursuant to the full language of California Civil Code §2782, Design Professionals agrees to indemnif y, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does n ot apply to any passive negligence of the City unless caused at least in part by the Design Professional. The City agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fa ult. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5.3 Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Se ction

5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services 177

required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law includ ing but not limited to the California Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and mat erials”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secu re such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Consultant, its officers, employees, age nts or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should 178

Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, but has no o bligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Cons ultant, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Cou rt of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section

7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services h ereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shal l, when the default is cured, proceed with payment on the invoices , without liability 179

for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwi se, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withh old any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by re ason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to de duct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall im pair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non -compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work perfor med 180

pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agree ment, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Empl oyees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any oblig ation of the terms of this Agreement.

8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice 181

describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, par tnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Consultant, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none 182

shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unles s made in writing and approved by Consultant and by City.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, con fidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this A greement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.

[SIGNATURES ON FOLLOWING PAGE]
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01375.0023/944887.1 -13-

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Kim Summers, City Manager
ATTEST:

Cristal McDonald, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Tiffany Israel, City Attorney

CONSULTANT:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Consultant’s business City.
___________________, a ____________________
By:

Name:

Title:

By:

Name:

Title:
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EXHIBIT "A"

SCOPE OF SERVICES

Consultant will perform the following Services:

Management Plan: Vendor shall identify a project manager as lead contact person.

COLLECTION DEVELOPMENT & SELECTION SERVICES
Creating the "ultimate collection" isn't a small task. There are many factors to be considered. At Brodart, we began providing collection development products and services in 1982. Many of our Collection Development Services such as TIPS, FASTips, Collection Builder and vendor selection services are industry leaders. We currently provide many public libraries with an array of specialized Collection Development Services for both ongoing and opening day collection needs.

1. TIPS (Title Information Preview Service) Notification Program Delivers selection lists for new and forthcoming titles. Choose from two service levels — Silver TIPS - every month receive free curated lists spanning an array of subjects and age ranges.

Choose the lists that interest you and they will be automatically posted to your online account.

Diamond TIPS - define your own collection categories. Set specific parameters and the lists will be automatically posted to your online account. Customize as desired.

2. Standing Orders
Whether it's authors/series you can't live without or staying current with annual publications, our Collection Development team will monitor publication dates and automatically place orders on your behalf. Save time on research, meet patron demand, and never miss an important publication.

FASTips (Frequent Author and Series TIPS) — this is a free service to our customers. Set your preferences one time and receive your books automatically. You can edit your selections at any time.

Continuations — another free service to our customers, our standing order program for true serials, such as test prep and travel guides, takes the hassle out of keeping up with annual or irregular periodical publications.

3. Collection Builder
Build or refresh your collection with lists for relevant topics and events. Collection Builders provide one -time targeted lists for special projects, collection enhancement or replacement ordering. 185

4. Online Selection Lists
Brodart also has hundreds of specialty lists from which to choose. Not only are the lists separated into age ranges and categories, they can also be filtered for custom searches to make it e asy to find exactly what you're looking for. Choose lists on Hot Topics, Awards, Graphic Novels, Public Library Collection Builder, Spanish Titles and more.

All of our collection development lists are posted to Bibz, Brodart's online ordering and collectio n development tool. Following is a detailed description of all of our Collection Development services.

5. TIPS@ - Notification Program
TIPS (Title Information Preview Service) is designed to help your library streamline its ongoing selection process.

We identify new titles, gather all pertinent information on those titles, eliminate duplicates, and present you with regular lists of new titles to consider for your collection.

These profile elements, chosen specifically to meet the needs of libraries, allow you either to create a profile that mimics your current title identification and list-building process OR to explore new approaches to the collection-building process. In other words, if you currently compile lists from multiple journal reviews, we can do that for you. Or, if you would like to expand the number of sources from which you draw titles, we can monitor new titles by publisher, series, author or illustrator.

Two levels of TIPS are available to accommodate your specific needs. We do the legwork; you make your selections.
5a. Level 1 - Silver TIPS
Monthly lists of the most popular titles delivered to your online account free of charge for Brodart customers.

Full-text reviews are provided when available. Silver TIPS Programs include- Children's Silver TIPS
Board Books for Libraries
• Formats appropriate for public library use in terms of size, shape, and materials • Selected by our children's buyer
• Most titles due for publication within next two months Top Children's Hardcover Titles
• Popular and high-quality books for children through age twelve • Emphasis on picture books, but nonfiction, fiction, and graphic novels also included • Seasonal coverage for holidays plus one topical backlist each month • Most titles are one month prepublication
Top Children's Paperback Titles
• Best new releases for children through age twelve
• Many reprints of popular hardcovers, but also includes paperback originals, especially popular series
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• Emphasis on titles classed as Easy, but also includes fiction and nonfiction • Most titles one month pre-publication or current month of publication Children's KidSafe Graphic Novels
• Graphic novels that have been reviewed book-in-hand or online and judged suitable for children through age twelve
• Titles are both popular and high quality
• Includes manga and other series, plus important single titles and nonfiction in a graphic format • Includes a range of publication dates due to book-in-hand review requirement Fresh Reads for Kids
• Forthcoming titles from children's favorite authors
• Primarily picture books and fiction, with some easy readers and nonfiction included • Hardcover, reinforced, and library editions, as well as paperbacks • Publication dates from the current month up to three months pre-publication Children's and Teen Nonfiction Picks
• Recreational non-fiction titles for youth that may or may not be reviewed • Hardcover, reinforced, and library editions, as well as paperbacks • Publication dates are up to 2 months prepublication
Teen Silver TIPS
Top Teen Hardcover Titles
 Popular and high-quality titles for middle school and high school readers (age ten and up)  Emphasis on fiction, particularly science fiction, fantasy, and horror; also includes nonfiction for recreation and school support
 Selected high interest/low reading level titles and graphic novels  Most titles are one month pre-publication
Top Teen Paperback Titles
 Best new releases for middle school and high school readers (age ten and up)  Many reprints of popular hardcovers, but also includes paperback originals, especially popular series
 Emphasis on fiction, but some nonfiction and graphic novels included  Most titles one month pre-publication or current month of publication Teen KidSafe Graphic Novels
 Graphic novels that have been reviewed book-in-hand or online and judged suitable for ages ten and up
 Titles are both popular and high quality
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 Includes manga and other series, plus important single titles and nonfiction in a graphic format  Includes a range of publication dates due to book-in-hand review requirement Graphic Novel Reads for Teens
 Popular graphic novels for ages ten through nineteen
 Incorporates Teen KidSafe and other titles suitable for tweens and teens  Includes manga and other series, plus important single titles and nonfiction in a graphic format  Titles may be up to four months pre-publication
Adult Silver TIPS
Blockbusters
• Hardcover titles that no public library can be without! • Adult fiction and nonfiction from the most popular authors or on hot topics • Titles with large print runs and heavy publisher promotion • Three to four months prepublication
Top Adult Hardcover Titles
• High demand adult popular reading
• Fiction and nonfiction from top-selling authors plus titles from promising first novelists • Selected movie tie-ins and graphic novels
• Includes Blockbusters (available separately above) plus other titles to round out genre interests • Three to four months prepublication
Top Adult Paperback Titles
• The best upcoming paperback titles for a popular reading collection • Emphasis on high demand authors and titles, including titles that were New York Times Bestsellers in hardcover
• Mostly fiction but some nonfiction included
• Includes both originals and reprints, trade and mass markets • Most titles one month prepublication
UrbanFix
• Urban fiction (aka street lit) for the adult collection • Emphasis on African-American characters in an urban setting • Includes titles with sex, violence, drugs and strong language • Primarily trade paperback but some hardcovers and mass markets included • Most titles from current month up to two months pre-publication

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Christian Fiction
• Christian Fiction for the adult collection
• Emphasis on Evangelical Christian fiction; also includes Urban Christian • Hardcover and trade paperback bindings
• Publication dates from current month up to four months pre-publication Large Print TIPS
• Extensive list of large print offerings from all the major publishers • Most titles are adult fiction, but adult nonfiction and some titles for young readers also included • Most titles are two months prepublication
Picks for Public Libraries
 Practical adult nonfiction that is not likely to be reviewed  Hardcovers and paperbacks on topics such as computers, math, health, business, weddings, pet care, and more
 125 to 150 titles per month chosen by our experienced staff  Most titles one month prepublication
Graphic Novel Reads for Adults
 Popular graphic novels intended for an adult audience  Includes manga and other series, plus important single titles and nonfiction in a graphic format  Most titles one to three months pre-publication
Spanish Silver TIPS
Top Spanish Titles
 The best fiction and nonfiction for native Spanish speakers  Titles from offshore and U.S. publishers
 Focus on international authors, but also includes translations of popular U.S. titles  Publication dates vary from two months prepublication to six months post- publication (but recently available for U.S. distribution)
Adult Spanish TIPS
 Recommended Spanish language fiction and nonfiction
 Titles from offshore and U.S. publishers; originals and translations  Focus on fiction and practical nonfiction in hardcover and paperback  Includes Top Spanish Titles (available separately above) plus others to expand the selections  Publication dates vary

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Children's & Teen Spanish TIPS
 Recommended bilingual and Spanish language titles for preschool through high school  Titles from offshore and U.S. publishers; originals and translations  Focus on picture books and nonfiction, but also includes fiction, board books, and graphic novels  Publication dates vary
5b. Level 2 - Diamond TIPS Notification Program
Brodart's hallmark TIPS. Review-based, custom profiles for title lists with full-text reviews delivered to your online account weekly, twice monthly, or monthly. Upgrade any TIPS list to Diamond by combining any other parameters with specific review journals. There is no limit on the number of review journals per profile. For example, you might want a Teen Fiction profile based on Booklist, School Library Journal and VOYA plus a list of authors. Or, you might want an Adult Nonfiction profile that includes Library Journal, Publishers Weekly, and Picks for Public Libraries.

Journals available:
 Booklist (includes online reviews)
 BookPage (includes online reviews)
 Bulletin of the Center for Children's Books
 Horn Book
 Kirkus
 Library Journal (includes online reviews)
 Library Journal Prepub Alert
 Publishers Weekly (includes online reviews)
 School Library Journal (includes online reviews)
 VOYA (includes online reviews)
Diamond TIPS lists are available on a subscription basis to Brodart customers. Pricing for Diamond TIP S has been included in our Pricing Proposal in Exhibit l.

6. Standing Orders
Our Standing Order services are designed to help you track new releases. Our Collection Development team will help you set up your preferences, monitor publication dates and automatically place orders on your behalf. We offer Standing Order services for authors and series as well as true serials such as test prep and travel guides. These Standing Order services are offered free of charge to our customers. 6a. FASTips@ - Automatic Shipment Plan
Brodart offers standing orders for popular adult and youth fiction and nonfiction through FASTips (Frequent Author & Series TIPS). The profiling is very flexible and can accommodate unique needs.

Most FASTips orders are based on author or series lists. Brodart offers the following lists to assist the library; however, these are not closed lists and the library can add authors or series as needed. 190

 Adult Authors—African-American and Urban Literature
 Adult Authors—Fiction
 Adult Authors—lnspirational Adult Authors—Nonfiction
 Adult Series—Fiction
 Adult Series—Graphic Novels
 Adult Series—Nonfiction and Biography
 Adult Series—Travel Guides
 Children's Authors
 Children's Series—Chapter Books
 Children's Series—Easy Readers
 Children's Series—Fiction
 Children's Series—Graphic Novels
 Children's Series—Nonfiction and Biography
 Children's Series—Picture Books and Board Books
 Teen Authors
 Teen Series—Fiction
 Teen Series—Graphic Novels
 Teen Series—Nonfiction and Biography
Other sources such as starred reviews, bestseller lists, and Brodart programs can also be used for FASTips automatic orders. Special collection areas that can be covered by FASTips include board books, large print, browsing paperbacks, travel books and Spanish.

When setting up a FASTips profile the library first selects the authors, series, or other criteria desired. Then other parameters are established for the automatic order including format (bind preference), classification, age range, material types, a nd maximum price. The library also sets the timeframe for ordering. Three months prepublication is the current standard.

Orders can be prepared by Brodart and delivered to the library via Bibz with grids applied for branch, quantity, and other grid values. Brodart can submit the order via Bibz or share the list to library staff for review and modification if needed. Orders can then be submitted by the library via Bibz or downloaded as MARC files for import into your ILS system for EDI ordering. After the or ders are submitted, they are visible with status information through the Order History tab of Bibz.
6b. Continuations — Standing Orders for True Serials
Brodart's Continuations Service is designed to meet your complete reference and serial titles needs. You receive prompt, accurate fulfillment and because of our extensive coverage, your need to research hundreds of titles each year is eliminated. Brodart maintains constant communication with over fifty thousand publishers and distributors. Our title file is updated daily, ensuring that the title status information you receive from Brodart's Continuations Department is the most up-to-date available. Our core list of Continuations contains over 6,000 titles.

Some of the key features of Continuations include:
 Receive your Continuations material fully cataloged and processed, with processing only or as items only.
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 Serial maintenance is made easier when you use our free monthly status reports and skilled personal assistance. To simplify establishing a standing order account, we offer you a full range of transition services.
 Brodart's Continuations Service offers an Alternate Year Program, which can be tailored to meet your library's needs. You may receive books as frequently or infrequently as desired.  You may add new titles to your standing order or adjust existing orders at any time. Our files are updated daily in order to provide you with prompt, accurate service.  All cancellations are effective immediately upon receipt by the Continuations Department.

A monthly status report is supplied to you at no extra cost so you may quickly and effectively monitor your standing orders. This report lists every series and serial on your standing order. Editions or volumes on order or recently shipped titles are listed accordingly. Publications which are delayed by the publisher show a status of "on order." Brodart's Continuations Department automatically contacts the publisher for updated status information of "on order" materials to assure timely delivery of these items.

As a Continuations customer, each month you will receive an electronic newsletter reporting the latest updates in title/bind changes, series discontinued, series completed and items to be ordered directly from the publisher. The newsletter keeps you informed about any changes that would affect your standing order.

Taking advantage of Brodart's Continuations Service is easy. Simply list the titles to be ordered with starting volumes, years or editions and the desired quantities. Once Brodart receives your standing order titles we will set up your account and begin ordering the titles from the various publishers.

To make it easy to transfer to Brodart's Continuations Service, we will also send a cancellation notice to your former supplier. You need only indicate in writing which titles are to be cancelled, your account or purchase order number and the name of the supplier. The Continuations staff works with your library during this transition period to assure a smooth transfer of all standing orders.

The Continuations Department personnel are dedicated professionals who are knowledgeable about all aspects of the Continuations Service. They take pride in providing prompt and accurate responses to any questions. Each library is assigned their own Continuations Consultant. That individual will stay in close contact with the responsible person at the library to ensure optimum service.

TitleQueue
TitleQueue.com, Brodart's online Continuations tool, gives access to account details regarding subscriptions to serials and series. You can search for titles and update subscription information to add standing order titles or change current settings. You can also access order confi rmations, report claims and request additional copies of invoices. There are many search options, including ISBN, title, series title and publisher.

7. Collection Builder@ Custom Selection Lists
Brodart has identified more than 400 recommended bibliographies, review journals, and other sources, and has indexed them in our up-to-date title database. This extensive resource enables us to produce custom selection lists for a wide range of collection development needs such as collection building in specific areas, coordinated replacement ordering, or planning opening day collections.  These comprehensive selection lists present the titles in shelf-list order for a systematic approach to collection development.
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 Each citation on the selection list includes call number, author, title, publisher, date, price, ISBN, bind, descriptors, media, age range, title status, review citations, and the sources which contain the title.
 It is easy to review the titles and make your selections in Bibz.  To request a selection list, tell us the subject to be covered, age levels, types of bindings, publication dates, and other pertinent information. We may provide a profile to walk you through the process.
 Prepared selection lists are typically delivered within one week. These custom selection lists are provided free of charge in Bibz to active Brodart customers with the understanding that any titles ordered from these lists are to be ordered from Brodart.

8. Specialty Collection Development Lists
The TIPS profiles described above provide regularly scheduled lists of current fiction and nonfiction. All of those profiles would be developed by the library selectors.

In addition to profiled TIPS lists, library selectors have access to hundreds of specialty lists from which to choose.

Not only are the lists separated into age ranges and categories, they can also be filtered for custom searches to help you find exactly w hat you're looking for. These lists contain topics of interest to public libraries and are updated on a regular basis. They are available free of charge to all Bibz users.

The topics include:
 Awards
 Featured Lists
 Graphic Novels
 Insight — Brodart's monthly online catalog which announces forthcoming popular titles  Public Library Collection Builders
 Spanish

BIBZ @ - ONLINE COLLECTION DEVELOPMENT & ORDERING TOOL
Bibz is Brodart's online collection development and ordering tool. Access to Bibz with unlimited users is offered free of charge to the users for the term of this contract. Web-based or on-site training for Bibz is provided at no charge.

All of the selection lists created by Brodart will be posted to Bibz for selection and ordering. Bi bz displays item status such as "in stock quantitV', "on order quantity", "publisher in stock quantity", "available from publisher" or "must order direct". Bibz can also display discounted price and keep a running total for each list. Full-text reviews are available for all of the major library review journals free of charge.

The Bibz database is updated with new titles, title status, price information, and new data (such as cover images and full text reviews) on a daily basis. Inventory status shows unallo cated inventory. Publisher inventory is also displayed for participating publishers.

Selectors can request that new titles be added to Bibz by emailing us at [email protected] . We'll let you know when the title has been added to the database and you can place your order. 193

With the Bibz Smart Holdings Interface, the library has the ability to link to current holdings . When viewing your selection lists through Bibz an "H" icon wil l serve as an indication that the title is in the Library's public catalog. Clicking on the Icon will connect you to the title in your online catalog.

Bibz provides automatic duplicate checking against all your lists and orders. Icons indicate whether the title is in another list or on a submitted order. In addition, these icons link directly to Duplicate Detail screens. Duplicate check options are also available when adding a title to a list. The user can set the preference for the level of duplicate checking (e.g. do not alert on duplication, check for duplicates in the target list by ISBN, check for duplicates in all lists by ISBN, etc.). In addition to these features, it is also possible to check duplicates for an entire list.

Please note orders placed f or items not in Brodart's inventory are ordered immediately from the appropriate publisher. Our order fulfillment system places orders with all publishers on a daily basis via FTP or email. In order to provide the fastest possible service to our libraries, we do not require minimum order quantities and we do not accumulate customer orders to meet a minimum order quantity. This policy allows us to fill orders quickly and efficiently. Prepublication orders are encouraged since this allows the materials to be sent to the library as soon as they are available from the publishers.

In addition to the selection lists posted by Brodart, you can also create your own selection lists on Bibz . You can search and access other relevant titles, build your own lists, select additional items for your collections, and place orders online or through most ILS acquisitions modules. Our enhanced features allow you to customize your display and manage user access and grid ordering. You can conduct simple or advanced searches quickly and easily within Brodart's title database of over five million records.

A temporary Bibz login has been set up so that you can try Bibz for yourself. Login information is not case sensitive. Go to www.bibz.com Username = MPLDemo Password = MPLDemo

Bibz — Primary Features
Bibz is built on data that is specially groomed for libraries. It offers flexibility in searching, selection, list building and ordering. The interface and selection/ordering tools integrate easily into your existing workflow.

1. Item Search/Display:
 By keyword or exact search for title or series
 Within a large number of databases and resource lists  Access one or many of the following fields as needed — o Age or grade range
o Reading program and level
o Publication date
o Review journals, including number of reviews and issue date o Title
o Contributor
o ISBN/EAN
o Series
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o Subject
o Publisher
o Availability (print and stock status)
o View Brodart and Publisher Inventory
o Broad classification
o Dewey or Library of Congress classification
o Format (Bind)
o Descriptors (board book, large type, picture book)
o Language
o Print Run
o Demand level
o Price

2. Access:
 Annotations plus full-text reviews from ten journals
 Custom lists provided through the TIPS, FASTips and Collection Builder services  Specialty lists built for public libraries
 Link to your library’s holdings
 MARC on-order records
 Order History to view item status
 Invoices

3. Build:
 Your own selection lists and orders
 Selection lists to be shared with others in your library  Local notes for others in your library to see

4. Manage:
• All selection lists, including shared and special
• User access, determined by your administrators
• Prevention of duplicates according to your preferences • Grids—create templates and revise at your convenience

5. Order:
• With grids reflecting your branch/location codes, collection codes, item types, and funds
• Directly via the Web
• Import records into the library's ILS for EDI ordering 195

• Access the order history for all of your accounts
Additional Bibz Features & Functionality

1. Sort sequence: Titles in search results and lists default to Title/Author sequence and can be resorted according to your preference.

2. Duplicate checking: Bibz provides automatic duplicate checking against all your lists and orders. Icons indicate whether the title is in another list or on a submitted order. In addition, these icons link directly to Duplicate Detail screens. Duplicate check options are also available when adding a title to a list. The user can set the preference for the level of duplicate checking (e.g. do not alert on duplication, check for duplicates in the target list by ISBN, check for duplicates in all lists by ISBN, etc.). In addition to these features, it is also possible to check duplicates for an entire list.

3. Library Holdings Interface: When viewing your selection lists through Bibz an "H" icon will serve as an indication that the title is in the Library's public catalog. There are two types of holdings interfaces available in Bibz:
• Smart Holdings Interface: If your ILS is Z39.50 enabled, "Smart Holdings" will automatically search every title on your selection list and only display the icon for ISBNs that have been verified to be in your catalog. Clicking on the Icon will connect you to the title in your online catalog.
• Classic Holdings Interface: If your ILS is not Z39.50 enabled, clicking on the m icon which appears next to every title in Bibz will execute an ISBN search in your catalog and display the title when found.

4. Grid Templates: Bibz allows predefined grid templates to be applied to a single title or to as many as 100 titles with a single click. These grid templates may have an unlimited number of order lines. Typically there would be one order line per branch. The order lines can indicate location, collection, item type, and fund information. A single list (aka cart) can contain up to 5,000 items and 50,000 order lines. Bibz Grid Management will allow the library to create an unlimited number of grid templates at no charge.

5. Expenditure Reports: Generate expenditure reports by fund and location.

6. Administrative functions: Users can be designated as administrative or non-administrative.

Administrative users are empowered to:
• Create and remove users and assign new passwords
• Grant user access privileges for assignment of accounts/processing profiles, branches, and funds, as well as order submission
• Create families and assign membership in thosefamilies • Set grid values and create grid templates, assigning them to specific users • System settings allow the interfacing to your Integrated Library System for holdings lookup 196

7. Brief on-order record options: Bibz.com provides brief on-order records with item level information through the Download MARC Records function within a list.

Records may be downloaded for orders according to your needs. Save them to your local computer or deliver to your ILS FTP site. Our flexible MARC mapping tool enables us to customize your on -order bibliographic records and item records. Brodart enters the accounts, processing profiles, and branch locations. The library would control the values that are loaded for the grids for coll ection codes, item types, and funds. There is not a limit to the number of funds that can be entered.

8. Order History: Access all of your orders submitted to Brodart, regardless of the order source. A summary is provided indicating item status. Orders may be searched and sorted to provide quick reference of specific details. Each order can be opened to show title level detail with current status information such as shipped, in process, backordered, cancelled, etc. Uallows you to download brief MARC records for orders submitted online.

CATALOGING & PROCESSING SERVICES
Brodart is able to catalog and process your materials with book-in-hand to reflect your detailed specifications.

Brodart has developed our cataloging & processing services on a single platform which enables libraries to choose the solution that best meets its expectations in terms of functionality and price. For additional information on our cataloging and processing services please contact Alicia Snarr, your Library Services Consultant, at 800.233.8467 ext. 6380 or via email at [email protected].

Reinforcement Services
Brodart's BrodartGuard and BrodartConvert reinforcement processes give you guaranteed paperback protection that is fast, easy, and affordable. Paperbacks ordered through Brodart can easily be reinforced or converted to hard covers using either of our affordable techniques.

Brodart's in-house service protects your paperbacks without delaying your initial order. Your paperbacks are processed quickly and shipped with the rest of your items, saving you the time and expense of preparing separate purchase orders or receiving separate shipments.

BrodartConvert
Brodart's BrodartConvert service will stretch your book budget dollars by prolonging the life of your paperback books. The process uses the original paper cover of books at least 1/4" thick, laminated onto heavy binder board and rebound with strong, permanently flexible glue. The result is a book with hardcover durability for a little more than the cost of a paperback. BrodartConvert is guaranteed to your satisfaction.

BrodartGuard
BrodartGuard reinforces a paperback book using a 10-mil laminate to increase circulation durability. The one- piece process includes a 2-mil spine section to allow flexibility in movement and prevention of bubbling as seen in similar processes. The crystal clear, 100% optical clarity material and non-yellowing adhesive keeps the cover art attractive and bright. BrodartGuard is guaranteed to your satisfaction.

Both BrodartGuard and BrodartConvert processesare available for paperbacks ordered with or without additional cataloging and processing options.

Both of these reinforcement processes:
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 have been perfected over 30 years of successful use.
 are easy to order—simply indicate on your order the paperbacks you would like to have reinforced.
 have no minimum order requirements.
 feature bindings that are individually handcrafted to ensure quality workmanship.  are guaranteed to your satisfaction. If you receive a book and the bind quality is unacceptable, you may return the book for replacement as long as the book is available from the publisher.

Brodartbound Books
Turtleback's high-quality bindings significantly extend the life of a book by using the finest materials and processes in the industry. More durable double-fan adhesive or sewn binding replaces the publisher's original binding. The publisher's colorful, illustrated paperback cover is scanned, digitized, and reprinted to produce new cover sheets that are wrapped around heavy hardback board.

A lifetime guarantee on workmanship and materials accompanies the binding of every Turtleback book.

Turtleback's growing collection of titles contains over 8,000 of the most popular titles for children and adults including Picture Books, Beginning Readers, Chapter Books, Middle Grade, Young Adult, Graphic Novels, Juvenile Nonfiction, Literature, Adult Fiction, Adult Nonfiction, Reference and Spanish. Easily access Turtleback's title collection through Bibz.

ORDER MANAGEMENT SERVICES
Our order management process provides a complete package of services that can be customized to meet the requirements of any library. Hundreds of configurations are available to design the account setup, ordering options, invoicing, packaging, shipping and delivery requirements needed to integrate with your unique workflow. Your choice of management reports is also available to keep you informed of the status of your orders.

Placing Orders
Brodart will set up accounts for your library based on your specifications and provide as many accounts as required. You may add new accounts, delete old accounts, or change existing accounts. Multiple ship-to accounts will be linked to the appropriate bill-to account. Each ship-to account will include a five-line address and account number. The information will link to related cataloging and processing specifications.

Rush accounts can be established for ordering materials that are time-sensitive. Advanced orders can be placed 6 months or more before publication date. Order s for special events can be monitored by your Customer Care Associate to ensure on-time delivery for your event.

Brodart offers a number of methods for submitting orders:
• Submit your order through Bibz, Brodart's online collection development and ordering tool. • Submit orders through your Polaris system. If desired, on-order records created in Bibz can be imported into Polaris with or without the distribution information in a format developed especially for the Polaris system. Brodart fully supports X12 or EDIFACT formatted electronic business transactions including purchase orders, order acknowledgements, and invoices. 198

• Fax orders to 800.999.6799.
• Telephone orders by calling 800.474.9802.
• E-mail orders to [email protected].
• Mail orders to: Brodart Co. Books & Library Services, 500 Arch Street, Williamsport, PA 17701

Brodart System Interfaces
Brodart has long-standing relationships with every major integrated library system vendor. We continuously work with all of these ILS vendors to manage existi ng interfaces and develop new functionality when the opportunity arises. We currently have established interfaces with each integrated library system for acquisitions, invoicing, collection development and cataloging. We fully support EDI ordering as well as EDI invoicing. Our interfaces include:
 EDI Ordering — Brodart has the ability to receive orders created in Polaris and return EDI order acknowledgements to update the Polaris system.
 9XX Ordering - Brodart also has the ability to upload on-order records with or without 9XX order information from Bibz to Polaris. In addition, item level information received in enriched EDI orders is utilized for both cataloging and processing to meet library's customized requirements.
 Invoicing Services — For orders placed via EDI, electronic invoices can be generated and posted to our FTP site for immediate download. Print invoices can also be mailed to the address designated by the library.
 Collection Development Services — Brodart's selection lists can be loaded into your Polaris system.
 Cataloging Services — Brodart has developed interfaces with all of the major ILS systems for all levels of our automated and customized cataloging services. Cataloging records as well as holdings records can also be customized to meet your Polaris requirements.

Order Fulfillment
Brodart stocks materials according to public library demand. Material can be ordered 6 months or more prior to publication date. Items ordered pre -publication or not in Br odart's inventory will be ordered immediately from the appropriate publisher. Our order fulfillment system places orders with all publishers on a daily basis.

In order to provide the fastest possible service to our libraries, we do not require minimum orde r quantities and we do not accumulate customer orders to meet a minimum order quantity. This policy allows us to fill 85% of all customer back orders in 3 weeks, with overall fill rates of greater than 98% of available titles.

Street Dates
Brodart understands the importance of receiving pre-publication materials prior to street release date. Our policy is to catalog, process and ship books immediately upon receipt from the publisher. As a result, the library should receive popular titles prior to street dat e. Please note shipment of pre -published titles is dependent upon when these titles are received at Brodart from the publisher. 199

Because these items arrive at the library on or before the street release date, we ask that our customers have policies in place to ensure that they are not released to the public prior to this date.

The street release date will be clearly identified on your packing list.

Packaging and Marking of Shipments
Cartons are labeled with the account type and the number of cartons in the shipment, so that when they arrive at the library the account type can be clearly identified. The shipping label includes the account name, purchase order number and packing slip number and is applied to the top of each box.

We take special care when packing your order. Brodart's boxes are made of heavy corrugated cardboard and are extremely durable. Larger items are packed first, then smaller ones and are packed spine -to- spine to prevent damage. The number of items, their thickness, and weight determine the size of the box used for packaging. Boxes are filled with thin newspaper-type packing paper. Selfadhesive shipping labels are applied to the top of every box. Boxes are sealed with tape that is constructed of paper, string, and glue. Boxes within a shipment are numbered (i.e. 1 of 6, 2 of 6, etc.) and indicated on the top of each box.

Shipping and Delivery
Brodart's single inventory location in Williamsport, Pa. enables us to fill orders quickly and efficiently.

Shipments are sent via best method (common carrier, USPS, or UPS Ground) F.O.B. destination from our warehouse to the branch libraries.

Advanced Shipping Notification
Brodart is able to support a librarVs Advanced Shipping Notification (ASN), carton-level receiving process which provides efficiencies to the library by eliminating the scanning of individual items. The library's ILS system must support the EDI 856 ASN standard protocol.

For libraries set up with ASN Brodart will scan each item on a packing slip into a carton(s). Once packing is complete an EDI 856 ASN-compliant transaction file is generated and a carton label is printed with a corresponding SSCC (Serial Shipment Container Code) barcode (see carton label image — SSCC barcode outlined in red). The SSCC barcode number matches to the ASN transaction file. Upon shipment Brodart will transmit an EDI 856 ASN transaction file to the library.

Upon receipt, with a scan of the SSCC barcode on the carton label, all the items in the box are marked as received in the library's ILS system. There is no need for item-by-item scanning. This process speeds the time- to shelf for items received by the library.

Credits and Returns
Any item received damaged, defective, or not as ordered (wrong title supplied, short shipment, etc.) will be replaced or a credit will be issued. Freight costs for these returns will be covered by Brodart. All vendor errors will be handled in this manner. Requests to return items for any other reason will be handled on an individual basis. While we make every attempt to satisfy our customers regarding defective items, we ask that items showing normal wear and tear not be returned. Authorization from your Customer Care Associate is necessary prior to returning any item(s). 200

Management Reports
We offer a variety of documents to keep you informed of your order status. Most are available in paper or electronically via e-mail or FTP .

Packing Slip
Brodart's packing slip, which includes the title, author, ISBN, quantity shipped, customer purchase order, and list price of each item, is packed in the last carton of every shipment. The carton indicates that a packing slip is enclosed. This packing document shows a control number, which can be matched with a corresponding invoice.

Consolidated Shipping Statement
In addition to the paper packing slip that accompanies the shipment, we also offer a Consolidated Shipping Statement, an Excel spreadsheet that contains title and order detail as well as tracking information for every item in the shipment. This report provides advanced notice to the library of all items in a given shipment. It is available electronically via e-mail or FTP on the day the material ships.

Fund Reports
Fund reports can be sent to the library on a weekly or monthly basis so that staff can monitor expenditures for the collection. Brodart's Do -Not-Exceed (DNE) system provides accurate fund accounting for all orders placed with Brodart. This system allows the library to specify the exact amount of money budgeted by branch, category or account type and will fulfill all orders up to, but not exceed the monetary limit.

In addition to the budgeted amount for each defined category the Fund Report states t he invoiced amount, backordered amount, cancelled amount and the total amount encumbered (ordered, backordered, in-process and invoiced). Brodart's DNE system will encumber items at the actual invoice price (net price of the item plus processing charges). This will provide Fund Reports to ensure the cost of the collection does not exceed the budgeted amount.

Confirmation Report
Confirmation of titles ordered as firm orders or standing orders can be supplied to the library when orders are entered. The Confir mation Report will include the author/editor, title, ISBN, list price, discount, extended price, and status (not yet published, out of print, must order direct) and is available via e-mail or FTP . The confirmation reports are generated by account number, and titles will be arranged alpha by author or by title.

Orders transmitted via EDI will receive an EDI acknowledgment within an hour stating the status of each item ordered. Website orders transmitted through Bibz, Brodart's online collection development and ordering tool, will receive same-day order status information.

On-order Title Status Report
Brodart offers a number of options for reporting order status information. The Order History tab in Bibz allows the library to access not only orders that have been submitted through Bibz, but also orders submitted to Brodart via EDI, telephone, or any other order method. A summary is provided indicating current status (entered, booked or closed). Orders may be searched and sorted to provide quick reference of specific details. Each order can be opened to show title level detail with current status information such as shipped, in process, back ordered, cancelled, etc. This can be used in place of or in conjunction with confirmation, status and cancellation reports.
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If preferred, the library can receive order status information via Brodart's On-Order Title Status Report.

This report will identify, by account number, the status of outstanding titles on order. This report includes the ISBN, quantity ordered, author, title, customer purchase order number, list price and order date. The On-Order Title Status Report is available weekly, monthly, or upon request via e-mail or FTP .

Cancellation Reports
Brodart notifies all libraries of cancellations on a title-by-title basis. The Cancellation Report will include the ISBN, quantity ordered, author, title, list price, purchase order number, and the reason the title was cancelled. Cancellation reports are available weekly or monthly via e-mail or FTP .

Statements
Brodart customers receive monthly statements only when there is a balance due on their accoun t. This statement includes the account's billing address and Brodart bill-to account number. It also includes the invoice number, item date, purchase order number, item amount, and balance owed.

Invoices and Payment
Brodart offers a number of invoicing options:
• an invoice to match every packing slip
• a consolidated weekly invoice
• a consolidated monthly invoice
Invoices are available in paper or electronically via e-mail or FTP . Our invoices include the title, author, ISBN, publisher, published date, quantity, list price, discount, unit price, and extended price, appropriate sales tax as well as your purchase order number. Cataloging and processing charges can be either billed on a separate invoice or listed on an item invoice as a separate line item. EDI formatted invoices are available for orders sent to Brodart in an EDI formatted purchase order transaction. Our payment terms are net 30 days from the date of the invoice.

Management Plan
To ensure customers receive exemplary service, our team follows a proven methodology for implementation of services. This process enables us to remain laser -focused on fine details, while being organized, thorough, and methodical throughout.

Because each library is unique, learning as much as possible at the outset is essential to delivering services that meet your expectations. Our team will meet with you to develop detailed specifications related to collection development, ordering preferences, delivery, invoicing, fund control, types of accounts needed and generation of monthly reports.

At Brodart, the sale does not end with delivery of the product. We value an ongoing, supportive relationship with your library. Our Customer Care staff is happy to answer any of your questions or provide any additional information you may need. We pride ourselves on our 24-hour response time.

Brodart provides a tiered management approach that results in outstanding customer support.

Mary Miller, your Customer Care Associate, will monitor all ongoing aspects of your services. She will provide day- to-day support and will work with you to guarantee your expectations have been met. Mary's responsibilities include any questions related to setup, claims, orders, delivery, invoicing, cancellations, and any other issue that 202

may arise. She will escalate issues as needed and involve the appropriate members of the management team when necessary, depending on the nature of each issue.

Our collection development team is also available to help you build and maintain a quality collection for your library. Th ey have the knowledge, experience and customized tools to identify new, forthcoming and retrospective titles that match your preferences. We currently provide many public libraries with an array of specialized Collection Development Services for both ongoing and opening day collection needs.

In addition, our Management Team will meet on a regular basis to ensure all service levels and quality standards are within acceptable levels. Alicia Snarr, your local Library Services Consultant, will schedule regular on-site visits to review our service and quality levels.

Mary is available by calling 800.233.8467 or via email at [email protected], Monday through Friday 8:00 a.m. to 5:00 p.m. E.S.T. Alicia can be reached any time by calling 800.233.8467 ext. 6380 or via email at [email protected].

Our unrivaled customer care sets Brodart apart from other vendors. We offer a dedicated team of customer care associates, account managers, information technology, collection development, cataloging, and acquisitions specialists, all who provide top-quality customer support. They are experts in their fields and in serving large and small public libraries across the country. Brodart's long and successful history has built countless partnerships with libraries and enabled us to provide the most experienced workforce in the industry.

Quality Control
Brodart's commitment to quality is vital to all we do. This is reflected in the flexibility of our services. We believe that quality begins and ends with our customers and we strive to always satisfy your needs.

Our automated conveyor system uses state -of-the-art technology to transport and manage orders through the production area. This warehouse management system monitors the status and location of every order at every moment throughout the process, minimizing errors and maximizing service time.

Once production has begun, our quality control staff will ensure that your specifications are met. Brodart goes to great lengths to ensure the accuracy of our cataloging, linking and physical processing. Our goal is to ensure that our staff has a full understanding of your specifications and local practices and is always informed if your specifications are changed.

Quality control checks occur throughout our process to make certain your specifications are met.

Checkpoints include data entry, picking, title checking, stamping, jacketing, labeling and packing.

Materials are also inspected for publisher defects and when found are rejected and returned to the publisher.

Our goal is to provide our customers with the highest quality service in the industry. This commitment is rooted in our values and is essential to our success.

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EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

N/A

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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. City will compensate Consultant for the Commodities purchased via Purchase Order and submission of a valid invoice.

PURCHASE ORDER GENERAL CONDITIONS

1. In accepting the award of a Purchase Order from the City of Murrieta, the Supplier agrees to having read and acknowledged these General Conditions.

2. This purchase order shall be governed by the laws of the State of California.

3. All sales, use, excise or similar taxes to be paid by City must be itemized separately hereon and on invoices. City is exempt from payment of Federal Excise Tax and supplier shall not charge this tax to City. Charges for Shipping and Handling should be separated and reflected on the invoice.

4. City's obligation to pay the sum herein stated for any one fiscal year shall be contingent upon the City Council appropriating the necessary funds. A fiscal year commences on July 1 and ends on June 30 of the following year. If the City Council fails to app ropriate the necessary funds for any fiscal year, then the Purchase Order shall terminate at no additional cost or obligation to City.

5. Time is of the essence. If at any time Supplier believes that goods, materials, equipment, supplies ("item"), labor or services will not be made as scheduled, supplier shall immediately give notice stating the cause of the delay to City.

6. Supplier warrants that the items delivered and the work or services performed shall conform to the specifications, drawings, samples or other description specified by City and shall be fit and sufficient for the purpose intended, merchantable, of good materials and workmanship, in good working order and free from defect or faulty workmanship for a period of at least ninety (90) days, af ter delivery. When defective items or faulty workmanship is discovered, Supplier shall provide all labor, materials, parts and equipment to correct such defect or make such replacement at no expense to the City. Defective items not meeting City's specifications shall be held for Supplier's instructions at Supplier's risk and, if Supplier so directs, will be returned at Supplier's expense.

7. City shall not be liable for, and Supplier shall defend (with attorneys approved by City), indemnify, and hold harmless City and its officers, agents, employees and volunteers (collectively "City Parties"), against any and all claims, deductibles, self insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (“Claims"), which arise out of or are in any way connected to the work performed by Supplier, and covered by this Agreement arising either directly or indirectly from any act, error, omission or negligence of Supplier or its officers, employees, agents, 205

contractors, licensees or servants. Supplier shall have no obligation, however, to defend or indemnify City Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of City Parties.

8. City reserves the right to terminate this Purchase Order, or any part of it, at any time even though Supplier is not in default. On receipt of notice of termination, Supplier shall, unless such notice otherwise directs, immediately discontinue all work on the Purchase Order and deliver, if and as directed, to City all completed and partially completed items and work in process. This section shall not limit or affect the right of City to terminate this Purchase Order immediately upon Supplier's breach.

9. City reserves the right to terminate this Purchase Order or any part of it and reject delivery of items if delivery is not made wh en and as specified. Supplier shall be charged for any losses sustained by City by reason of such delay or failure, except losses caused by a delay for reasons beyond Supplier's reasonable control. Direct losses shall include any costs to City in excess of the Purchase Order price of obtaining items or services from other sources similar to those terminated or rejected.

10. Supplier shall not substitute items without approval of the City Purchasing Agent or designee.

11. Supplier shall keep confidential and not disclose or use in any way confidential business or technical information that the City may disclose in conjunction with this Purchase Order that Supplier may learn as a result of entering City property to deliver items or services or to perform work hereunder.

12. Supplier shall not assign this Purchase Order or any part hereof or any payments due hereunder or delegate any duties without City's prior written approval.

13. This Purchase Order shall not be amended, modified or rescinded, except by written agreement signed by the parties and expressly referring to this Purchase Order.

14. Supplier shall comply with all applicable federal, state and local laws, rules, regulations and ordinances pertaining to the subject matter hereof, and shall obtain all necessary licenses and permits related to the items, work or services.

15. Supplier, its employees, and agents shall be considered independent contractors and not employees or agents of City.

16. City’s purchases are based on its actual needs and requireme nts. City is obligated only to purchase those items and those quantities that City needs and requires, regardless of any estimated quantities provided to the Supplier.

17. Shipping – Deliveries must be prepaid. City will not accept COD shipments.

Packing lists must accompany each shipment, showing purchase order number, description and part number for each item. Shipments must be identified as “PARTIAL” or “COMPLETE”. Over shipments, unless specifically authorized, will not be accepted. 206

18. Material is subject to Purchasing Agent’s inspection and approval within a reasonable time after delivery; if specifications are not met, material may be returned at Supplier’s expense.

19. Invoicing – Send invoice promptly for each partial or complete shipment, showing purchase order number. Invoice each Purchase Order separately, in duplicate.

20. Payment - Supplier shall submit invoices to the City for payment of goods and services rendered. Unless otherwise specified, the City s hall pay properly submitted invoices not more than 30 days after (i) the acceptance of goods or services by the City; and (ii) receipt of an undisputed invoice. Late payment penalties shall not apply to this order.

II. The total compensation for all Services shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.

III. Consultant’s billing rates for Commodities are attached as Exhibit C-1. 207

01375.0023/944887.1
EXHIBIT “C-1”

SCHEDULE OF COMPENSATION

PRICING PROPOSAL

MURRIETA PUBLIC LIBRARY

Items will be supplied to the Murrieta Public Library at publisher's list price less the following discounts:

FORMAT DISCOUNT
Trade Hardcover Editions 45.5%
Non-Trade Hardcover & Paperback Editions (short
discount) 12.0 %
Publisher's Library Editions 22.0 %
BrodartBound 22.0 %
Hardcover Reinforced Editions (School & Library) 45.5 % Trade & Mass Market Paperbacks 40.0 %
Titles for which Brodart receives minimal or no discount, and/or the publisher requires prepayment, will be invoiced at the non-trade discount (12.0%) or invoiced at the publisher's list price.

Publisher's list prices are subject to change without notice.

SERVICE OPTIONS PRICE PER BOOK
BrodartGuard (Paperback reinforced with laminate) $2.30 BrodartConvert (Paperback conversion to hardcover) $4.50 208

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The Murrieta Public Library may select any of the following Collection Development options.

SERVICE

OPTIONS DESCRIPTION PRICE
Collection Builder
Online collection
development and ordering tool
Customized selection lists
No charge
No charge
FASTips Standing orders No charge
TIPS, Silver Standard specialty selection
lists No charge
TIPS, Diamond Customized selection lists Up to 3 profiles for $100 monthly
Up to 8 profiles for $200
monthly
Up to 15 profiles for $300
monthly

DESCRIPTION PRICE
Processed material shipments will be made by best
means (USPS, common carrier or UPS ground) and wilt
arrive prepaid for inside delivery.

No Charge

The above pricing and discounts will remain in effect for the duration of this contract. 209

01375.0023/944887.1

EXHIBIT D

SCHEDULE OF PERFORMANCE

N/A

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EXHIBIT E

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

3. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

4. Cyber: Vendor/Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 211

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If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. 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 if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of 212

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subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or pr ovide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Con sultant and job – it could be much higher, or in the case of a very small Consultant, you might want it lower] unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self -insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these 213

01375.0023/944887.1
specifications, at any time. 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.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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. 214

AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”): Collection Development Services Contract Number:

Consultant Name (“Consultant”): Ingram Library Services, LLC Consultant Address: One Ingram Blvd., LaVergne, TN 37086 Consultant Representative Name and Title (“Consultant Representative”): Kathryn Shaw, Senior Contract Management Specialist
Consultant Representative Work Phone and Email: Phone: 615.213.5546 [email protected]

Effective Date: December 6, 2023
Termination Date: June 30, 2025
Total Not-To-Exceed Contract Amount (“Contract Sum”): Forty Thousand Dollars ($40,000.00) per year, not to exceed One Hundred and Sixty Thousand Dollars ($160,000) cumulatively.

City Department Contact (“Department Contact”): Gretchen Sedlacek Department Contact Work Phone and Email: 951.461.6147 [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): No

RECITALS
A. The City desires to contract with a Consultant to provide professional services as more further set forth herein.

B. The City circulated a Request for Proposals for the above -described professional services.

C. Consultant submitted a proposal to City to provide the above -described professional services.

D. City Staff has reviewed all the proposals and after considering the demonstra ted competence of Consultant, the professional qualifications of Consultant, and the fairness and reasonableness of Consultant’s proposed cost, staff has determined that an agreement to provide the required services should be awarded to Consultant.

215

THIS AGREEMENT FOR SERVICES (“Agreement”) is made and entered into as of the Effective Date set forth above by and between CITY OF MURRIETA, a California municipal corporation (“City”) and (“Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.

1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid , which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.

1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, w hich may be imposed by law and arise from or are necessary for Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) 216

fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or othe r computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastructure, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.

1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the rates specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference . The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures , if both are specified in the Schedule of Compensation, as well as approved by City in advance.

2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisio ns of this Agreement. Except as provided in Section s 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by 217

City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personn el describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documenta tion; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE

3.0 Time of Essence. Time is of the essence in the performance of this Agreement.

3.1 Term. The Agreement shall commence upon the Effective Date set forth above and will continue until the Termination Date. This Agreement may be extended for up to one, additional two-year period upon the mutual agreement in writing of both parties.

Unless earlier ter minated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.

Notwithstanding the foregoing, the I ndemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed from City and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or o f the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) d ays of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this 218

Agreement, however c aused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

4.1 Representative of Consultant. The Consultant Representative is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for Cit y to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.

4.2 Department Contact for City . The Department Contact (or other person designated by the C ity Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.

4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.

4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant , or its officers, employees, agents or subcontractors , perform th e services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents a nd warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.

No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.

City shall not be liable for compensation or indemnification to Consultant , its officers, employees, agents or subcontractors, for injury or sickness arising out of performing servic es hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of 219

competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant , or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.

4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other City to perform in whole or in part services required hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.

5.2 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of them harmless from , whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, o r any individual or City for which Consultant is legally liable (each an “ Indemnitor” and collectively, “ Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
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(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement.

Consultant shall incorporate similar indemn ity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5.3(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, t o the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessn ess or willful misconduct of the design professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of p rofessional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct.

Consultant will not be entitled in the abse nce of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. (c) Pursuant to the full language of California Civil Code §2782, Design Professionals agrees to indemnify, inc luding the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not app ly to any passive negligence of the City unless caused at least in part by the Design Professional. The City agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

5.3 Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and ea ch of them harmless from, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section

5.3, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omiss ion, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services 221

required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years f ollowing completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreeme nt shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should 222

Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of depositio n, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant , however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.

7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section

7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Consultant and Opportunity to Cure. In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability 223

for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract o r otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of th is Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall n ot constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non -compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed 224

pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to com pel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pur suant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice 225

describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color , creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Consultant, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.

9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none 226

shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless m ade in writing and approved by Consultant and by City.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or im plementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, em ployee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into thi s Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.

[SIGNATURES ON FOLLOWING PAGE]
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01375.0023/944886.1 -13-

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Kim Summers, City Manager
ATTEST:

Cristal McDonald, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Tiffany Israel, City Attorney

CONSULTANT:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Consultant’s business City.
___________________, a ____________________
By:

Name:

Title:

By:

Name:

Title:
228

EXHIBIT "A"

SCOPE OF SERVICES

1. MANAGEMENT PLAN
Vendor shall identity a project manager as lead contact person.

Your Senior Sales Representative and your Inside Sales Representative serve as your primary, day -to-day contacts.

You have toll-free telephone access to Ingram Library Services’ Customer Service at (800) 9378200, then press 2, or email Customer Service at the email address listed below.

To reach any Ingram department, call (615) 793-5000. You will hear options to direct you to the appropriate associate/department. You may also contact your Sales Representative directly at the phone numbers listed below:

Email: [email protected]
To discuss concerns or issues regarding your account
Senior Sales Representative........................................ (724) 953-9807 Inside Sales Representative........................................ (615) 213-5786 Account Services Email: [email protected] To Set Up / Update an Account
Credit Department........................................................ (615) 793-5000, then press 4.

As you may be aware, privacy laws applicable to MPL and to Ingram Library Services LLC significantly restrict the disclosure of personal information.

For any system issues like outages, login problems, Site Help etc. Customer System Technical Support, email us at: [email protected].

Collection Development Customer Service
Although our Programs are organized and automated to allow most libraries to self -serve, our Administrators help libraries daily with everything from routine enrollment edits or cancelling or changing quantities on backorders to transferring Standing Order Program enrollments from another vendor or answering specific questions about why a title did or did not run on a Program.

[email protected] for fiction, video, and iSelect programs. 229

[email protected] for nonfiction and ReviewALERT℠ programs. [email protected] for iCurate Coming Soon and iCurate Core questions. [email protected] for general Collection Development questions, including ODCs and custom lists.

2. MATERIAL TYPES AND COSTS
Provide documentation showing which of these material types the Vendor organization can offer and the discounts offered for each category.
• Trade Hardcover
• Trade Quality Paper
• Mass Market Paper
• Publisher’s Library Bindings
• Prebinds
• University Press
Inventory
Ingram leads the industry in maintaining an on-hand inventory of over 19,000,000 unique titles, representing more than 30,000+ book publishers and 57,000 imprints. Our unmatched stock of 35,000,000 books+ ensures the fastest and highest fill rates in the industry.

• Ingram’s on-hand inventory represents the largest range of publishers in the wholesale distribution business today.
• Ingram provides adult, young adult, and juvenile fiction and nonfiction titles in all subjects in a variety of bindings, including trade hardcover, trade paper, mass market paper, large print, short discount and small press, university press, single library editions, publisher’s library editions, graphic novels, board books, easy readers, picture books, pre-bound books, and big books. • Ingram stocks not only new bestsellers and award-winning titles, but also the deepest inventory of midlist and backlist titles of any vendor
• Ingram offers over 4,000,000 titles in world languages ranging from Afrikaans to Yiddish. An additional benefit of our Lightning Source inventory of millions of print-on-demand titles is that many of these world language titles are available on an on-demand basis. • Ingram’s in-stock inventory of Spanish language titles is particularly strong, covering both translations and books originally published in Spanish. It includes adult and children’s fiction and non-fiction works. With more than 500,000 titles to choose from today, we actively work with Spanish language publishers to expand this catalog to meet growing reader demand. • Ingram provides reference, scientific, medical, technical, legal, and other academic and non-trade titles, including materials from university and association presses, small presses, and specialty publishing houses.
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Ingram Library Services’ inventory goes well beyond that of other library wholesalers because the company is part of the larger Ingram Content Group, which includes Ingram Book Company, Ingram Publisher Services and Lightning Source. Each of these entities contributes to the strength of our stock position.

Ingram Book Company
As a leading supplier of books to bookstores and online retailers around the world, Ingram has established business relationships with publishers of all kinds. Eager to market their books to the vast retail market, these publishers alert Ingram to new releases before they are published and offer a wealth of information about each title both in automated feeds and through mee tings with our team of buyers.

Our predictive ordering software then takes over and continuously ensures that each title is stocked appropriately so we have books on hand when you need them. The volume of sales to retail outlets financially supports running our library business out of 5 warehouses located across the country, and it enables us to automate our distribution facilities to provide the fastest fulfillment in the industry.

Ingram Publisher Services
Ingram Publisher Services represents more than 850 publisher clients and more than 4,400 imprints from around the world. These publishers enlist Ingram to be the exclusive distributor of their products. The advantage this brings to our library customers is the guaranteed availability of current titles from these publishers at Ingram distribution centers.

Ingram Lightning Source
With national and international facilities, Lightning Source has a virtual inventory of over 17,000,000 titles representing more than 145,000 publishers. We print only what is needed to meet our customers’ current demand-whether that's a single book or 10,000 units.

We make it possible for low -volume titles to stay in print and for new titles to be released. In addition, we offer print on demand for both paperback and hardcover titles. All this translates into wider title selection and better customer service for your patrons and your community.

Lightning Source and Ingram Publisher Services titles are listed in ipage, and you can order them using the same methods available for Ingram titles. There is no need to use a separate account or purchase order.

Ingram Spark
Gain access to custom curated content lists from Ingram ’s award -winning indie platform IngramSpark. Exclusively provided by IngramSpark Distribution services and featuring:
• Indie books with enhanced product metadata, consumer visibility and marketing 231

• Top selling titles from 60,000+ indie publishers and authors • Customized and-curated lists of trending and timely books • Over 300,000 books available for distribution
• Library-friendly terms guaranteed to simplify the selection and purchase of library materials

International Language Materials
Ingram offers over 4,000,000 titles in world languages ranging from Afrikaans to Yiddish. An additional benefit of our Lightning Source inventory of millions of print -on-demand titles is that many of these world language titles are available on an on-demand basis.

Approximate inventory of each of the top 15 in-demand languages:

Language Active Titles
German 1,440,880
French 1,310,602
Spanish 420,327
Italian 244,035
Latin 136,289
Russian 80,967
Portuguese 75,683
Dutch 58,962
Chinese 29,442
Danish 26,891
Swedish 17,418
Polish 13,298
Afrikaans 10,137
Hungarian 8,969
Hindi 7,605

An additional benefit of our Lightning Source inventory of over 13,000,000 print -on-demand titles is that many of these world language titles are available on an on-demand basis.

To view a list of all available international language materials in our database, the ipage Power Search tab offers a language filter. From here, you can refine your search using additional filters 232

such as keyword(s), author, title, and age group. When looking at a list of titles in ipage, you also have filters for language available on the left of the screen.

Hard-To-Find Books
Ingram offers an optional Hard-to-Find Books service on ipage via Ingram’s partner for Hard- toFind Books, Alibris. Alibris is a leading provider of rare, hard-to-find, and antiquarian books.

Search options include Title, Author, Subject, Keyword(s) or ISBN/EAN. You can also specify if you want to see only a 1st Edition or Signed copy. This service does not allow for searching for a specific copy of a title.

Books ordered through this service may be used books. ipage rates the condition of the book, such as Good, Very Good, Fine, Acceptable. Notations may also include additional information on the book’s condition.

Title details for Hard-to-Find Books includes title, author, binding, condition, publisher, pub date, EAN, Net price (USD) and notation. The cover image displayed is from the ipage database and may not be the actual cover of the book you purchase from Hard-to-Find Books service. The notation may include data such as “Former Library book. Shows some signs of wear and may have some markings on the inside.”

Titles ordered under our optional Hard-to-Find Books Service ship from Alibris’s distribution facility, not an Ingram warehouse. They will not combine with your Ingram orders for shipping and may have different turnaround times and shipping methods. These titles are sold at the net price shown, plus a $3.95 per book shipping and handling fee if shipped within the United States.

Special Terms for Hard-to-Find Books Service
• Not covered under Ingram contract terms and discounts. • Do not receive cataloging or processing services.
• Receive net pricing.
• No minimum order required.
• Ingram invoices customers for Alibris orders, and these invoices also appear on the monthly Ingram statement.
• Titles ship from Alibris’s distribution facility, not an Ingram warehouse. Therefore, they ship separately from your Ingram orders, perhaps with a different carrier and may have different turnaround times and shipping methods.
• Delivery charges and freight charges vary from your standard Ingram orders, and we apply a $3.95 per book shipping and handling fee if shipped within the United States.

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Pre-Binding Services
Our inventory includes over 19,500 prebound titles from Perfection Learning and San Val (Turtleback Books). Please note that a third -party vendor, Heckman Bindery, Inc., provides this service.

These editions are searchable by pu blisher or binding through ipage® Power Search and are also identified on ipage® as Prebound-Sewn or Prebound-Glued.

Turtleback Books have a double -fan adhesive binding and durable spine, and the quality and workmanship of the binding is guaranteed for the life of the book. The vendor scans original artwork, digitally prints on durable paper stock to fit the new binding, and laminates books in a polyester film that easily wipes clean.

Paperback pre -binding services are offered through Ingram ’s partners hip with The HF Group (formerly Heckman Bindery). The cost of this service is $7.00 per book ($14.65 for set binding for custom book box set). Since this is a pass-through charge, any price increases will be passed along to the Library.

The resulting product provides:
• Strong, double-fan adhesive binding
• Archival quality endpapers and adhesives
• Flex-board reinforced spine
• Flannel-cloth binding reinforcement
• Digitally reproduced graphics • Nylon lamination film • Durable binder’s board cover

Discounts
Format Discount
Hardcover 45.0%
Trade Quality Paper 40.0%
Mass Market Paper 40.0%
Publisher’s Library Binding 15.0%
Prebind 10.0%
University Press 10.0%
Shorts 10.0%
Graphic Novels 40.0%
Nets 0.0%
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Spoken Word 45.0%
DVD < $14.99: 35.0%
$15.00-$19.99: 30.0%
$20.00+: 25.0%
Music 5.0%

* Short Discount/Non-Trade: Lower demand, small print-run books in various bindings, and includes graphic novels, legal, technical, reference, scientific, and medical titles as defined by Ingram subject categories. Titles are generally published by small or university presses. Also included are print and audiobook titles purchased at lower than full trade discount; titles with limited sales volume; and/or titles from publishers not in compliance with Ingram ’s purchasing requirements. Ingram is pleased to make this broad base of titles available to our customers with no service charges.

** Ninety to ninety-five percent of all Spoken Word Audio CD is at the 45% discount; however, some Spoken Word Audio is short discounted by the publisher.
*** Although the m ajority of Ingram's DVD inventory is eligible for the maximum discounts, some titles receive smaller discounts.

Definitions of Binding Types and Presses
Discounts are applied to the publisher’s current list price. Prior to placing an order, the Library can determine estimated discounted pricing for an entire list by utilizing the Price this List feature on ipage®.

In determining which titles receive less than full trade discounts, Ingram categorizes books for pricing purposes by considering the bi nding, cost of acquisition, general marketing categories, publisher’s discount, and other factors as defined by the Definitions of Binding Types and Presses provided. Ingram reserves the right to be the sole and final determinant of the pricing category.

Trade Hardcover: High demand fiction and nonfiction books published with a glued binding and a hardcover. These titles are typically for the general consumer and produced by widely distributed publishers. Trade bindings may also be referred to as retail trade editions, trade books, hardbound books, hardback books, cloth bound books or cloth cover books. Publishers normally produce these titles in larger print runs.

Quality Paperback: High demand fiction and nonfiction books with paper covers and generally no size restriction. Any illustrations or graphics may be placed throughout the book; both paper and printing are high quality. These titles are typically for the general consumer and produced by widely distributed publishers. This binding may also be referred to as trade paper or trade paperback. *

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Mass Market Paperback: High demand books with paper covers that are produced in a size to fit a standard retail store display and generally deal with subjects of mass appeal. Any illustrations are grouped together in one section of the book. *

Library Bindings: Books of higher quality publisher bindings, usually fanned and glued, and may also be sewn. Books may be identified as Library Bindings on ipage®.

University Press: The binding types may vary for these titles (i.e., Hardcover and/or Paperback), but all are published by a University Press.

Short Discount/Non-Trade: Lower demand, small print-run books in various bindings, and includes graphic novels, legal, technical, reference, scientific, and medical titles as defined by Ingram subject categories. Titles are generally published by small or university presses.

Also included are print and audiobook titles purchased at lower than full trade discount; titles with limited sales volume; and/or titles from publishers not in compliance with Ingram ’s purchasing requirements. Ingram is pleased to make this broad base of titles available to our customers with no service charges.

Large Print: Ingram does not recognize large print as separate binding type for discount purposes.

Large print titles receive discounts according to binding/press assigned to the ISBN ordered as outlined above.

Graphic Novels: A narrative work in which the story is conveyed to the reader using comic form.

The term is employed in a broad manner, encompassing nonfiction works and thematically linked short stories as well as fictional stories across several genres.

Picture Books, Board Books, Easy Readers, and Big Books: These juvenile genre categories are not discounting categories used by Ingram. These books will receive the discount appropriate to the specific binding/press ordered as outlined above. We estimate that at least 80% would receive the full trade discount.

Prebound Books: Paperback books bound into a hardback edition. Our inventory also includes over 17,500 prebound titles from Perfection Learning and San Val (Turtleback Books), and are identified on ipage® as Prebound-Sewn or Prebound-Glued

World Language Materials: Ingram does not recognize Spanish language (or any world languages) as a discounting category. These books will receive the discount appropriate to the specific binding/press ordered as outlined above.

Spoken Word Audio: Audiobooks produced for the general consumer and dealing with subjects of mass appeal. Spoken Word audio may be abridged or unabridged and are generally sold by publishers at full trade 236

discounts, however some titles may be short discounted by the publisher. Ingram does not differentiate between MP3 CD and Audio CD formats for discounting purposes.

Book and spoken word audio kits will receive discounts based upon classification of the title, typically by the publisher, as a book or as a spoken word audio. If classified as a book, it will receive the discount appropriate to the specific binding/press assigned to the ISBN ordered.

DVD and Blu-ray: Currently, Ingram provides pre-recorded titles in these categories under a single discount. However, should a new format o f DVD emerge in the industry for which studios apply different purchasing terms, Ingram will notify the Library of the discount applicable to that new format.

Net: Low demand, small print run books in various binds and categories upon which Ingram receives minimal or no purchase discount. This category of book will receive a 0% discount. Ingram is pleased to make this broad base of titles available to our customers with no service charges.

*See Short Discount for explanation on titles that may fall outside of this discount category.

Freight Terms
We are pleased to offer Ingram-paid freight from your designated primary and secondary distribution centers. We hold orders until a minimum quantity of 15 units is met. The qualifying unit quantity is subject to change with notice. Items picked, packed, and shipped together count as an individual shipment.

Ingram chooses the most cost-effective shipping method but uses UPS ground service to transport most of Ingram's goods. Ingram reserves the right to adjust distribution center designations to provide the most favorable service to your Library. We ship FOB Destination. With FOB Destination, Ingram is responsible for product until delivered to its destination; liability lies with the receiving agency thereafter.

When freight charges on an individual account surpass 3.0% of the account's expenditures, Ingram reserves the right to add fuel surcharge, with notice. These charges appear as Shipping and Handling charges on your invoice and are subject to change with notice.

ipage® ipage is Ingram’s online collection development and ordering tool for librarians, combining the industry ’s largest inventory with complete title information, including pre -pub metadata, collection development resources, reviews, and real -time stock check. Custo mers with a current, active Ingram account are eligible for a free subscription to ipage, which offers libraries easy-touse ordering capabilities and other features at no cost for unlimited concurrent users.

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You can access ipage at https://ipage.ingramcontent.com. Via ipage, you can access and manage your library’s account (s) specific information, at your convenience, 24 hours a day, 7 days a week.

As a web -based tool, ipage offers 24/7 real -time inventory information, the ability to search by thousands of categories, as well as a wide array of publicity and product news sources. ipage features include:
 Simple search by Title, ISBN, Author, Keyword, Series, Dewey®, and more  Ingram stock information and real-time stock check
 Title descriptions
 Physical Information, LC Subjects, LCCN, Dewey
 Ability to create, edit, download, and/or order lists by clicking titles within ipage, importing a document to ipage, or pasting EANs into ipage.
 Ability to sort by Author, Title, Binding, Dewey, ISBN, Price, Pub Date, Publisher, Standard Retail Price, Ingram Demand, and more.
 For video product: additional Information such as Features, View, Number of Units in Package, Awards, Dewey, Based on the Book
 For video product: Advanced search by Directed By, MPAA Rating, and Featuring/Title  For video product: Sort by Title, Featuring, Product Code, Format, Studio, Release Date, US SRP
 For music: Simple search by Title, Product Code/EAN, Artist, Song Keyword, and more 238

 For music: Sort by Album Title, Artist, EAN, Media, Label, Release Date, Suggested Retail Price.
 List sharing options
 Option to download brief MARC order records
 Ordering and order status information
 Account management and reports
 ipage selection lists created by Ingram staff librarians  Current publicity information
 Online catalogs
 Annotations and citations
 Cover images for selected titles
 Power search
 Boolean search
 Saved search
 Access to search all titles in our Extended database
 Excerpts for selected titles
 Journal review citations
 Full text reviews from selected journals for a nominal annual fee

Your ipage accounts are created so that a library-designated administrator has oversight capabilities to aggregate lists and manage users. The Administrator can add additional ipage users as required by the Library. Each user will be assigned a unique login and users can set their own password.

We want ipage to be customer -driven and to allow users to individually customize their ipage experience. Users have tools to assist in prioritizing critical information they need to search, order, and deliver more content to more patrons.

Because ipage focuses on personalization and intuitive functionality, customizable widgets allow users to design their own homepage with tools they use most. Users can easily track bestsellers, access online catalogs, view custom lists, and bookmark favorite d estinations in and outside of ipage.

Benefits of ipage home page include:
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• A simplified menu structure allowing our customers to quickly find what they are looking for.
• Roll-over drop-down menu options for each functional area of ipage, which enable users to reach content with less effort.
• Suggestions from Ingram product experts in our Ingram Lists & Picks column on the Browse menu.
• Ability to customize the homepage, including option to remove widgets and to select a background theme.
• Enhanced Simple Search options, including the ability to search across multiple product types.

ipage Searching
• ipage displays Simple Search at the top of every page, allowing fast, efficient search for titles. Simple Search options for print books include Title Keyword, Start of, Phrase, or Exact Title; Author; ISBN/EAN; Keyword(s); Series; Dewey. • Power Search allows ipage users to isolate their search to a narrower list of titles, by using some or all a specific set of search criteria. Through Power Search, ipage users can look for titles by publisher, subject heading, format, language, and other filters not listed on the Simple Search feature. You can input search criteria for up to 25 data points. The more search criteria added, however, the fewer results the search returns. • Boolean searching is like power searching but uses Boolean terms and focuses mainly on criteria in the Title, Contributor, Publisher, BISAC, Ingram Theme, and Series fields. You can also add search criteria on Language, Age Group, Binding, Publication Date, etc.

Under "further criteria," Boolean searching allows users to select multiple attributes. • Predictive Search is an optional functionality on ipage that allows for more efficient searches across our entire database. Using our top-demanded product data, it suggests autocompletions of search term(s) typed into the search bar, including Title (Start of) and Author.
• Street Smart Titles list under the Browse tab on ipage enables you to view a list of titles with a hard street date from the publisher. This Street-Smart list focuses on titles up to 18 months pre-publication.
• Search results allows sorting by Title, Author, EAN/ISBN, Binding, Publisher, Pub Date, or SRP , and users can quickly jump to specific places in the result. The Search Result View also includes options at the item level.
• Saved Searches. This time-saving feature is a great way to organize searches a user might perform on a regular basis. Users can save searches as a new search or as a replacement for an existing search. ipage automatically purges saved searches from the user's account 13 months after the last accessed date shown on ipage. 240

ipage Search Refinements ipage provides multiple criteria for refining title lists from search results or selection lists:
• Search within Results: To the left of your results is a box for searching within your results. Enter your search words and click the Search button. You can further refine your results as needed using the options and search feature located on the left. • Search Filters: Search Filters provide a better search experience for customers who do not purchase compilations, collections of public information, or reproductions of previously published public domain titles. This filter allows you to hide these product types from your search results.
• Refine Search Results: Depending on the list, search refinements might include Age Group, Binding, Publication Date, which may also include Forthcoming Titles, Contributor, Price, Format, Awards, Citation Source, BISAC Categories, Dewey Categories, Ingram Categories, Language, and Features. You can collapse and expand a field to better meet your search needs by clicking on the up/down arrow to the right of each field. The next time you search, ipage remembers those fields you have collapsed or expanded. • Quick Limit - If refinement terms you use in your search are in the top three displayed under the refinement field, check them off and click ‘Update’ to quickly limit your results. You can now select multiple terms to drill into your results. • Search the Full List - If your search terms do not appear among the top three under your refinement option or if you want to exclude terms from your results, click the “More...” link next to any field.
o Including and Excluding Search Terms. After clicking the “More” link under the search refinements, you can further refine your results by selecting or excluding as many terms as you like. Scroll the list of terms by dragging the scrollbar up and down.
o Search for terms by entering letters, and a text filter will quickly reveal matches.
o Select as many terms as you would like to include in your results by checking them off in the ‘Include’ column.
o Exclude as many terms as you want by checking them off in the ‘Exclude’ column. o Verify your selection with the intuitive green (include) and red (exclude) bubbles.
o Remove anything you do not want by clicking on the ‘x’ on the right side of the bubble or by unchecking it in the ‘Include’ and ‘Exclude’ columns. o Click the ‘Update’ button to apply your refinements or ‘Cancel’ to return to your results.
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o For each refinement you apply, a breadcrumb appears at the top of your search results, making it easy to later remove any limiters you applied.

A Title Detail page on ipage includes titl e, contributor (author, illustrator, editor, etc.), ISBN/EAN, publisher or studio, suggested retail price, binding or format, pub date or release date, and copyright date.

Details may also include any of the following as provided in the publisher metad ata: cover image, BISAC categories, LC subjects, themes, OCLC number, Dewey, LC subjects, series, awards, features (Index, Price on Product, Excerpt, Illustrated, Maps), initial print run, target age group, physical information (dimensions, weight, number of pages), carton quantity, annotation, description, publisher marketing, review citations, review quotes, biographical notes, and full text reviews.

Children’s titles may include Accelerated Reader®, Scholastic Reading Counts! ™, and Guided Reading Level information. ipage Title Detail screen shows alternate bindings/formats for a title, when available. ipage title details update daily, providing customers the most current publisherprovided information available.

Street Smart
Ingram understands the importance of getting high-visibility titles into the hands of Library patrons at the same time those titles appear in local bookstores.

Titles designated as part of our Street-Smart program include any upcoming new releases with publisher-assigned release dates. Within publishers ’ parameters, Ingram makes every effort to quickly turn around hot new release titles to arrive in libraries before street date.

We cannot control publishers’ street dates. We do, however, work closely with publishers for news of publishing date changes or unexpected releases. We provide updated information via ipage® as soon as publishers make such information available, which enables library staff to check the status of any title as its scheduled street date approaches.

We strive to deliver titles before their street dates to libraries with a Street-Smart affidavit on file.

However, because our ability to deliver titles in time for release date is contingent on the publisher providing those titles to us, we cannot guarantee arrival on or before release date.

Occasionally, factors such as supply or transportation issues can compromise our ability to deliver by release date. In such instances, the level of custom processing or cataloging profiled on a Library account may, in addition, cause the title to be delivered after street date.

To receive Street Smart designated titles on or before the release date, the Library should complete a signed affidav it agreeing not to display, circulate, or sell for advanced reading a title before its publisher-assigned release date. Without this agreement, Ingram cannot ship Street Smart titles 242

until one day prior to the publisher ’s release date, in accordance with o ur own agreements with publishers.

Occasionally, publishers assign stricter release date parameters to certain forthcoming titles. These titles are part of our Street Smart Select program and, typically, are major releases with large print runs and significant publicity campaigns. Like for Street Smart titles, we ask the library to sign an affidavit to receive Street Smart Select titles in advance of their release dates.

Ingram provides advance notification of Street Smart Select titles, including any order deadlines or minimum order quantities required to participate in the early delivery program. Per the publisher specific guidelines, without a signed affidavit, distributors may not be permitted to deliver Street Smart Select titles until one day before the on-sale date.

Searching for Street Smart Titles in ipage®
The Street-Smart list under the Browse tab on ipage ® enables libraries to view a list of titles that have a hard street date from the publisher. This Street-Smart list focuses on titles up to 18 months’ pre-publication.

3. GENERAL SELECTION CRITERIA
Vendor must be able to provide collection development support for all formats utilizing customized selection lists.

Ingram complies.

Collection Development Services
Ingram’s Collection Development team comprises 10 MLS-degreed librarians and managers, 4 long-term publishing industry expert administrators, and 1 data manager partway through her library degree.

Our 10 librarians each have at least five years of public library experience, and the Collection Development team has almost 300 years of library and/or publishing experience combined. 243

Members of the team have participated in local, state, and national library conferences and have presented on collection development, forthcoming books, the elements of a good picture book, selection tools, library marketing, Dewey versus BISAC organizational schema, library technology, handling difficult patrons, library staff development, and more.

The Collection Development team is well-known for top quality selection lists for Opening Day Collections (ODCs) and ad hoc lists, and libraries purchase Ingram’s custom Collection Development services for projects when lists from other vendors do not work.

Ingram’s MLS-degreed librarians and Program administrators work with you to find materials and develop your collections. Using their public library selector experience, and tracking trends that impact reading behavior, they identify titles you need for a well-balanced, diverse, relevant, high- circulating collection.

Ingram offers a wide range of cutting-edge and comprehensive Collection Development services, branded as iCurate. Grouped into five overarching services, they reflect the work of MLS-degreed librarians rather than canned lists and automated queries—No Robots Here! Our Collection Development Librarians have built and daily maintain a proprietary database with value-added data, such as diverse title distinctions, assigned genre, and state interest, along with the more standard metadata.

We meet with large and small publishers throughout the year to learn about forthcoming titles, publicity, and other important publisher news. And, because Ingram is the main provider of books to bookstores, large retail stores, and online booksellers, we can generate reporting that identifies “hot” titles before they become popular in libraries.

Our services include:
• iCurate Complimentary: Curated Lists & Standing Order Programs • iCurate Coming Soon: Forthcoming Monthly Title Subscription 244

• iCurate Core: One-Time Gap Analysis
• iCurate inClusive: Diversity Audits Made Easy & Follow-Up Audits • iCurate Custom: Ad Hoc Lists, Opening Day Collections, & Ongoing Curation

Ordering Prepublication
Need orders placed pre-publication? We’ve got you covered. Because most libraries order titles at least three months pre-publication, we run most of our Collection Development services three to six months prepublication. This gives libraries time to import brief records into their OPAC so patrons can place holds. It also means our library customers receive stock from the initial publisher printing to have the newest titles on shelves by street date.

Many of our complimentary lists on ipage feature new an d forthcoming titles, including High Interest Title Selections (HITS) for each age group, featuring the titles we expect to be most popular; Debut Author lists; Large Print; and more.

The complimentary Standing Order Programs/New Title Notifications feature pre- publication titles in 19 of our 20 programs, including author, series, continuations, and hand -selected programs for all ages. Additionally, our affordable hand-selected monthly subscription service, iCurate® Coming Soon, includes titles on the 26 monthly lists three to four months prepublication.

iCurate Complimentary: Curated Lists
iCurate Complimentary includes thousands of hand-selected lists available without charge to customers on ipage in the Curated Lists tab. These lists are broken down into Adult, Children’s, Teen, Audiovisual, Award & Noteworthy, and K12 and updated regularly: weekly, monthly, quarterly, or annually, depending on type of list.

Our lists receive tens of thousands of views and downloads each month and include High Interest Title Selections (HITS) of the most anticipated forthcoming titles in each area, Top Library Titles lists to help fill in gaps after weeding or during regular maintenance, and much more. 245

The Virtual Book Display sections feature trending and timely topics, such as Artificial Intelligence in Fiction; Don’t Bug Me: Creepy Crawlies in Fiction; and Halloween Cooking, while our Subject Lists category feature regularly updated topics always of interest, such as English Language Learning; Homeschooling; Nonfiction Classics & Essentials; In the News, Movie/TV Adaptions; and many more.
“I am LOVING these [ipage®] lists! Not only are they helpful with regular collection development work, they're making it easy to put together mini collections for display.

LOVE THEM!"

— Katie J., Adult Collection Development Coordinator

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Ingram recognizes the need for more diverse books and creates regularly updated lists of diverse titles, such as Asian Interest, Black Interest, Diverse Families, Income Inequality, Indigenous Interest, Latinx Interest, LGBTQIA+ Interest, Mental Health, Middle Eastern Interest, #ownvoices, Serious Illness, Social Emotional Learning, Spanish Language Books, and Special Needs.

Our Collection Development librarians mark diverse title distinctions in our databases, as we work titles that feed in every day from publishers. We can therefore identify as many quality, diverse titles as possible, both when creating these diverse category lists and when creating lists for all other projects.

For customers who like to find titles serendipitously in ipage, we have created an “Expertly Curated” icon that appears under a title in your Search Results or Selection Lists. It indicates that a title is in one or more of our Curated Lists.

Within the title detail page, you can view lists on which the title appears and click straight into any of the featured lists. So, if you were interested in the book Little You because you were looking for Indigenous Peoples Board Books, you could click directly into the Indigenous Peoples Board Books Curated List to instantly find 18 other quality titles.

iCurate Complimentary: Standing Order Programs/New Title Notifications The Ingram Collection Development department curates, maintains, and manages 20 Standing Order Programs to help libraries easily track and order.

Programs include forthcoming titles from bestselling authors for all ages; Easy Reader series, Fiction, Nonfiction, and Graphic Novel series for all ages; Nonfiction and Travel Continuations; ReviewALERTSM Programs for Adult and Youth; hand-selected Programs for Board Books, Picture Books, Adult & Youth Nonfiction, paperback original Adult Fiction, and mass market genre Fiction; a popular video Program; an awards & state lists Program; and Ingram’s proprietary build-your- own Standing Order Program, iSelect®.

Pricing: Complimentary

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Ingram’s Standing Order Programs have been ranked as the best in public library surveys and offer several advantages unmatched in the library market:
 Convenient: Enrollees can manage their profiles online through ipage 24/7, and any changes to the enrollment profile take effect immediately with no waiting.  Current: Ingram librarians and administrators hand-select and maintain offerings to ensure programs include only active offerings. We know libraries do not want to encumber their budgets with titles that will never publish because those titles are completed or discontinued offerings, so we meet and work with publishers continually to stay on top of publishing news.
 Commitment-Free: With Ingram, you do not receive titles unexpectedly in your library.

Customers can enroll in either Auto-ship, which delivers a list to ipage and allows two weeks for editing before the order places automatically, or in in Report Only, to receive lists, which they can edit and order on their own time schedule.

We order most titles 2-3 months prepublication (sometimes up to 6 months for the most popular authors), and you may cancel backorders at any time before they arrive in our warehouses. In addition, Ingram does not alter the return policy on titles ordered through our Standing Order or Continuation Programs—it is the same return policy no matter how you order or learn about the title.
 Complimentary: Ingram never reduces the discount or elevates pricing on titles running on a Standing Order Program. Our 20 Standing Order Programs truly are complimentary.

There are no hidden costs.
 Customizable: Customers can mix-and-match Program profiles an infinite number of ways to ease their workflow and ordering process. They can rename any profile for easy identification and to prevent over or under-ordering.

Our Programs allow line-item grids, so if a library typically wants specific branch allocations and funding codes for the works of a specific author, and different branch allocations for the titles of another author, it can simply select the correct grid for each offering in the enrollment form.

Then, when lists are delivered, correct grids are already applied.

Although we encourage libraries to review their Program lists, many Author (Adult) and Nonfiction and Travel Continuations customers with line-item grids established simply allow lists to order automatically.
 Customer Service: Two long-tenured Customer Service Administrators provide special customer service for Standing Order Program customers. Although our Programs are organized and automated to allow most libraries to self-serve, our Administrators help libraries daily with everything from routine enrollment edits and cancelling, changing quantities on backorders, to onboarding new Standing Order Program customers.  Comprehensive: Ingram provides 20 Standing Order Programs for Children, Teens, and Adults in multiple formats to cover the entire library:
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Programs—Adult
Author Fiction (Adult)—Provides the latest hardcover (and large print & audiobook) releases from customer-selected bestselling adult Fiction authors—our most popular Program. Program runs twice a month and includes titles up to 6 months prepublication.

Forthcoming Popular Nonfiction (Adult)—Provides the best forthcoming Nonfiction titles each month, customizable by Dewey® Century and hand-selected by our expert librarians. Offers options for large, medium, and small libraries. Program runs monthly and includes titles up to three months prepublication.

Mass Market Genre Fiction (Adult)—Gives customers the top five new titles each month in the Fiction genres they select, including: African American; General Fiction A, B, & C; Mystery A, B, & C; Romance A, B, C, D, & E; Speculative Fiction; and Westerns. Program runs once a month and includes titles up to two months prepublication.

Nonfiction Continuations (Adult)—Provides timely notification of regularly updated Nonfiction titles in a variety of subject areas from atlases to writing handbooks. If you don’t want to receive a title every time a new edition releases, you can select a desired cycle. Program runs twice a month and includes titles up to four months prepublication.

Nonfiction Series (Adult)—Provides the latest series Nonfiction geared toward adults, including “For Dummies” and hundreds of others. Program runs twice a month and includes titles up to three months prepublication.

Paperback Original Fiction—Provides notification of the original trade paperbacks (20/month or 40/month) forecasted to have the highest demand. Program runs once a month and includes titles up to two months prepublication,
Popular Series (Adult)—Sends customers list of the newest and hottest titles from the popular adult Fiction series the customer selects. Program runs once a month and includes titles up to three months prepublication.

ReviewALERTSM (Adult)—Notifies customers of book reviews in their selected journals (Booklist, Kirkus, Library Journal, Publishers Weekly); can be limited by Dewey® Century, Fiction, and Graphic Novels to save time, as well as starred reviews, unstarred reviews, and all reviews.

Program runs twice a month.

Travel Continuations (Adult)—Offers a flexible method of receiving regularly updated travel guide titles. If you don’t want to receive a title every time a new edition releases, you can select a cycle.

Program runs twice a month and includes titles up to four months prepublication.

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Programs—Youth
Author/Illustrator (Children’s)—Offers the newest titles by bestselling children’s authors and illustrators (ages 0-12). Program runs twice a month and includes titles up to six months prepublication.

Author (Teen)—Offers the newest titles by bestselling YA authors (ages 12-17). Program runs twice a month and includes titles up to six months prepublication.

Easy Reader (Youth)—Sends notification of the newest titles from customer-selected leveled beginning reader series. Program runs twice a month and includes titles up to three months prepublication.

Nonfiction Series (Youth)—Provides the latest series Nonfiction geared toward youth, including DK Eyewitness Books and hundreds of others. Program runs twice a month and includes titles up to three months prepublication.

Picture and Board Books—Offers the best upcoming Picture Books and Board Books.

Handselected by a children’s librarian, this Program offers 25 or 50 Picture Books and 10 or 20 Board Books. Program runs once a month and includes titles up to three months prepublication.

Popular Nonfiction (Youth)—Offers the top hand-selected titles in Easy Nonfiction (10 titles), Juvenile Nonfiction (15 titles), and/or YA Nonfiction. Program runs once a month and includes titles up to three months prepublication.

Popular Series (Youth)—Sends customers lists of the newest titles from popular youth Fiction series. Program runs twice a month and includes titles up to three months prepublication.

ReviewALERTSM (Youth)—Notifies customers when titles receive a review in their selected journals (Booklist, Bulletin of the Center for Children’s Books, Horn Book Magazine, Kirkus, Publisher’s Weekly, School Library Journal); can be limited by industry standard age ranges and Graphic Novels and starred reviews, unstarred reviews, and all reviews to save time. Program runs twice a month.

Programs—For All Ages
Awards* Book Clubs* State Lists —Offers new award winners and honor books, major book club picks, and state lists. Program runs the day after books are awarded/announced.

Graphic Novel (Adult & Youth)—Features expertly hand-selected and age-ranged Graphic Novel series. Program runs twice a month and includes titles up to three months prepublication. iSelect®—Ingram’s own build-your-own Standing Order Program includes BISAC subject categories and sub-categories selected by the customer and is based on Ingram buy level; can also be filtered to view or exclude titles from specific publishers. Program runs every Sunday.

Popular Video (Adult & Youth)—Provides weekly notification of the latest blockbusters, independent films, foreign films, classics debuting on DVD, TV series (Youth), TV series (Adult), TV movies/mini-series (Youth), TV movies/mini-series (Adult), documentaries, anime, and family film on DVD, Blu-ray, DVD/Blu-ray combo, and Blu-ray 3D. Program runs every Thursday. 250

Pricing: Complimentary

iCurate Connection: Collection Development Services Newsletter The Ingram Collection Development team continually updates our Standing Order Programs to ensure that offerings remain active and will produce titles. To keep customers updated on those changes, the team publishes a monthly newsletter, iCurate Connection, listing changes and news of each program.

Important Standing Order Program information such as new offerings, offerings ceased by the publisher, titles that won’t run on a Program and the reason they won’t run, important author or publisher news related to specific offerings, and frequency changes in publication schedules is shared monthly via this electronic newsletter delivered to your inbox.

In addition, the newsletter contains articles written by our Collection Development librarians covering a variety of topics related to collection development and publishing. Past topics have included “Social-Emotional Learning in Picture Books,” “Power of Storytelling,” “Surviving the Holidays,” “Top Adult Debut Titles,” and “On Your Mark, Get Set, Bake.”

iCurate Coming Soon: Forthcoming Monthly Title Subscription Easily manage new and forthcoming titles with Ingram’s suite of librarian-curated lists delivered on the first of every month within ipage®. Featuring far more than bestsellers, this annual subscription offers three size options by category, which allows you to efficiently maintain a relevant collection while our librarians do the work.

Our collection development librarians stay informed of publishing and cultural trends and use their public library experience to tailor each list to include titles they would select for their own public library to increase circulation.

Lists are balanced according to the typical American public library—more Picture Books than Board Books, more YA Fiction than YA Nonfiction, and more Adult Nonfiction 600s than 400s.

Coming Soon lists also follow publishing-industry schedules and reflect the seasonality of different subjects throughout the year, so they might include more titles in October than in February.

You can subscribe to Adult, Children’s, and/or Teen lists and mix-and-match small, medium, and large lists within each age category—there is no price difference between sizes, and you can change the size at any time. Get lists in the following subjects:

Adult Lists (15 lists)
Adult Fiction
Adult Graphic Novels
Adult Large Print Fiction & Nonfiction (2 lists)
Adult Nonfiction 000s – 900s & Biographies (11 lists)
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Children’s Lists (8 lists)
Board Books
Picture Books
Easy Nonfiction
Easy Reader Fiction & Nonfiction (2 lists)
Juvenile Fiction
Juvenile Graphic Novels Juvenile
Nonfiction
Teen Lists (3 lists)
Teen Fiction
Teen Graphic Novels
Teen Nonfiction

Ingram’s iCurate Coming Soon features an Enhanced Duplication Management tool in ipage, available exclusively for Coming Soon subscribers. The tool allows libraries to manage duplicates on customer-created and Ingram-delivered Selection Lists, iCurate Complimentary Curated Lists, and in Search Results quickly and easily.

It allows users to filter Selection Lists and Search Results to include or to exclude titles already on another Selection List(s), Ordered from Ingram, and/or in their Holdings (if submitting holdings to Ingram via Z39.50).

1. Search results and Ingram Curated Lists (hiding duplicates) – When a user searches and receives a list of results or views the iCurate Complimentary Curated Lists in ipage, Coming Soon customers see on the left side of the screen an additional set of options for filtering.

Under Manage Duplicates, users can Exclude titles from view if those titles are already on a Selection List, Ordered from Ingram, or in their Holdings (if participating). This is a quick, easy way 252

to eliminate those titles from view in Search Results or the Curated Lists so that you don’t accidentally add duplicates to a list you are creating.

2. Selection Lists (deleting duplicates) – In a Selection List (customer-created or Ingramcreated, such as iCurate Coming Soon or Standing Order Program lists), users can filter to include duplicates to make it easier to remove those from their Selection List. Once your list shows only the duplicates, you can then choose to delete all visible titles from your selection list with a simple click, or to review each one and hit the delete icon when desired. The icons showing Lists on which a title duplicates help you determine if you need multiple copies of a title.

iCurate Coming Soon has garnered praise for its quality and comprehensiveness: “I am already happy with the titles I wouldn’t normally see in my review lists. Gathering these titles would require extra work and time I rarely have. A+!” (Jeremy Bloom, Lincoln Parish Library) Ingram’s iCurate Coming Soon has several advantages for libraries wanting monthly custom lists delivered:

Cost-Effective:
 Annual subscription is $775/age level (Adult, Children’s, Teen)  Select All Ages & save: $2,100 per year
 No hidden costs—discount is the same whether you get a title through this service, and we do not change the returns policy
Convenient:
 Enhanced Duplication Management feature for quick-click deduplication against your Holdings, On Order, or In a Selection List
 Allows you to quickly deduplicate Coming Soon lists, Selection Lists, iCurate Complimentary Curated Lists, and Search Results across ipage  Enhanced Duplication Management available exclusively to iCurate Coming Soon subscribers
Customizable:
 Mix & match small, medium, and large lists by collection  Select list size based on circulation, budget, or selector preference  Have lists delivered to specific ipage account users based on how you set up enrollments
Comprehensive:
 Forthcoming, new, and timely titles selected by MLS-degreed librarians  Date range up to 120 days prepublication
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 No gaps or duplication within the iCurate Coming Soon service

Your iCurate Coming Soon lists never overlap each other, so you will never see the same title run multiple times on a list or on multiple lists. To maintain affordability, Coming Soon lists reflect the binding preferences of most of our customers:

1. Hardcover

2. Trade Paperback

3. Library Binding

4. Mass Market Paperback

and will not include reprints unless it is truly a new edition with updated content.

The iCurate Coming Soon subscription ensures you don’t miss big titles and balances midlist titles and other parts of the collection. It catches those titles that quickly and unexpectedly explode in popularity when released. To that end, our librarians select titles for Coming Soon lists using a rolling set of publication dates (Last Month + Current Month + 3 Months).

Most titles on Coming Soon lists publish in the latest month available (for example, October titles in the July 1 lists); titles published in other months in the date range may also be included, based on predicted popularity and review coverage.

Drop-in titles will also be included to help your library selectors see popular titles you don’t want to miss. These are titles our librarians believe necessary to build a balanced collection over the course of the year and include bestsellers. standard titles, and books on topics that help round out a public library collection.

Want to keep your Author Standing Order Program, with its line-item grids, and other Standing Order Programs while still avoiding duplicates? The Enhanced Duplication Management feature makes that easy.

Annual Pricing: $775 Adult, $775 Children’s, $775 Teen, or $2,100 for All Ages

iCurate Core: One-Time Gap Analysis
From time-to-time, our collections get out of balance and are missing key titles or even sections.

At other times, we simply want to know how current, complete, and relevant our collections are.

Ingram’s Collection Development librarians have all worked in public libraries and have struggled with these issues first-hand. That’s why we created iCurate Core: Essential Collection Gap Analysis for the public library. Core allows a library to rebalance their Adult, Teen, and/or Children's collections with a one-time list suite of essential titles currently lacking. 254

The iCurate Core service provides a one-time set of lists that include classics, standards, evergreen titles, and new, popular titles a public library should own, compared to an author/title match of your submitted holdings, to identify which titles your collection is missing. Our team of experienced, MLS-degreed librarians create the iCurate Core lists.

The lists come in an Excel list format with value-added information and estimated actual customer pricing to make it easier to budget. Besides standard fields such as title, author, publisher, EAN, Dewey, BISAC, pricing information, and more, these lists include fiction genre category and public library ranking to help prioritize purchases.

We mark your holdings so that you can determine if you want to purchase additional copies of a title or to replace a worn version, and you can ordering via your usual means or by emailing the spreadsheet to Ingram’s Customer Care team.

Adult Lists
Adult Fiction
Adult Graphic Novels
Adult Nonfiction 000s – 900s and Biographies (11 lists) Children’s Lists
Board Books
Picture Books
Easy Nonfiction
Easy Reader Fiction
Easy Reader Nonfiction
Juvenile Fiction
Juvenile Graphic Novels
Juvenile Nonfiction
Teen Lists
Teen Fiction
Teen Graphic Novels
Teen Nonfiction

We can match your holdings by author/title, so that different bindings of a title already in your library, such as hardcover versus paperback, should show as held. Occasionally the metadata may not match between bindings, or the EAN in your catalog has been out of print long enough that it no longer appears in our database. In those cases, we cannot match different bindings, and the title on your list may appear as un-held.

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You can purchase Core lists once, every few years, or annually. They provide a starting point showing which essential and currently popular titles are missing from your collection. This means you don’t have to spend precious time identifying gaps and searching for quality replacement titles. You also can use the lists to replace essential titles previously weeded due to poor condition.

Pricing: $1,000 each for Adult, Children’s, or Teen, or $2,800 for All Ages

iCurate inClusive: Diversity Audits Made Easy

Books can allow children and adults to see themselves and others represented in the text. (Rudine Bishop). According to School Library Journal, almost 95% of librarians agree that having a diverse collection is either important or very important.

However, the publishing industry acknowledges a lack of diverse voices, editors, and leaders, and standard metadata rarely helps identify diverse titles. As a result, diversity audits of a collection are typically manual, time-consuming, and tedious.

With iCurate inClusive, a library purchases a one-time assessment of the diversity of their holdings, they email their holdings EANS to Ingram, and within two weeks, they receive eyecatching reporting on the diversity of their collection for their library board or funding agency, along with lists of the most popular, diverse titles missing in public libraries.

Purchase options include Adult, Children’s, Teen, or a bundle of All Ages, and the purchase comes with the following:
• More than 60 charts and graphs showing the diversity of your collection compared to the average public library to provide context in each subject area, age range, and overall collection, including the following diversity categories:
o Asian Interest o Black Interest o Indigenous
Interest o Jewish Interest o Latinx Interest o LGBTQIA+ o Mental Health o Middle Eastern Interest
o o Multicultural o Muslim Interest
o Neuro and Physical Diversity

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Diversity categories reflect interest and content rather than solely author identification, which is not always readily available, accurate, or discernable.

• Excel spreadsheet that you can edit, filter, sort, and duplicate, with 24 subject breakouts indicating the number of diverse titles currently in your collection in each diversity category, which allows you to track and enter new purchases to create “after” reporting.

• Shoppable lists of the diverse titles most popular in public libraries, with your holdings (title/author match) and the diversity codes marked, to facilitate filling in identified gaps:

Adult Lists Children's Lists
Fiction Board Books
Graphic Novels Easy Nonfiction
Nonfiction 000s Easy Reader Fiction
Nonfiction 100s Easy Reader Nonfiction
Nonfiction 200s Juvenile Fiction
Nonfiction 300s Juvenile Graphic Novels
Nonfiction 400s Juvenile Nonfiction
Nonfiction 500s Picture Books
Nonfiction 600s
Nonfiction 700s Teen Lists
Nonfiction 800s Fiction
Nonfiction 900s Graphic Novels
Nonfiction Biographies Nonfiction
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Links to the iCurate Complimentary Diverse Title Lists provided within ipage for ongoing support:

All reporting and lists of diverse titles arrive in two weeks rather than over a period of months or years and save possibly hundreds of hours of payroll time. Library customer can then quickly fill in gaps, so their communities benefit almost immediately.

By purchasing inClusive, you can spend most of your money on filling in diverse title gaps rather than on extravagant fees for reporting and analysis or on extra payroll for a lengthy diversity audit process.

Ingram’s Collection Development librarians have assigned value-added metadata in our applications for years, and we have ingested out-of-print holdings from the largest libraries in the country to make sure our reporting is as accurate and thorough as possible, even on older collections. This makes title/author matching more complete if titles come back into print at some point in the future, since the value-added information already exists in our database.

Pricing: $1,500 each for Adult, Children’s, or Teens, or $4,200 All Ages iCurate inCremental
Customers who have already purchased inClusive and want to measure their progress can now purchase iCurate inCremental, a follow-up audit showing updated reports compared to previous results and the average public library for context.
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We store your previous results so that all you do to get a professional, turnkey-ready report showing your growth is send a text file of your current holdings—with Ingram, it’s easy!

Customers who have already purchased inClusive and want to measure their progress can now purchase iCurate inCremental, a follow-up audit showing updated reports compared to previous results and the average public library for context.

Because our librarians hand-work titles six months prepublication without relying solely on BISAC or other mapping, inCremental will not count dubious titles as diverse. We would rather not offer a service than offer one that potentially causes harm.

Pricing:
$1,500 each for Adult, Children’s, or Teens with new shopping lists $1,200 each for Adult, Children’s, or Teens without new shopping lists $4,200 All Ages with new shopping lists
$3,300 All Ages without new shopping lists
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iCurate Custom: Ad Hoc Lists
Ingram’s MLS-degreed Collection Development librarians create one-time targeted custom lists for libraries with grants, end-of-year spend budgets, or unexpected funds. Libraires might need lists of titles not available in ipage Curated Lists, for titles that might be difficult to search in page.

Generally, these custom lists reflect specific topics, such as large Urban Fiction projects, African Diaspora Biographies, Parenting Collections, Job Searching & Interviewing, Immigration Assistance, etc. and involve a known budget amount that will be purchased through Ingram.

To begin complimentary project, libraries can contact their sales representative, who will provide the appropriate form that includes subject(s), budget, the date the library needs the lists, preferred publication date range, binding preference, and other pertinent information.

Ingram’s Collection Development librarians have extensive experience creating lists of all kinds, like lists of religious titles for the Qatar National Library, to a large librarian professional development collection for a public library in Florida, to lists of tiles for marijuana collection in a public library in Colorado. With Ingram, it’s easy.

Pricing: Complimentary when purchased solely from Ingram

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iCurate Custom: Ongoing Custom Lists
Ingram’s Collection Development librarians create ongoing monthly custom lists for several libraries, including Free Library of Philadelphia, Chicago Public Library, and more. These lists are delivered in ipage and are built solely for each library based on customer specifications.

Often, we can save libraries money by pointing out existing lists or programs that will meet their needs. For libraries with truly custom needs, we will create a proposal, often with a few options and price levels, and we will work with you to make the best decision for your library.

Pricing: Based on requirements and estimate of time spent; Ingram will develop an agreement with the specs and pricing detailed and partner with the customer to find the best solution.

InDemand Alternative Lease Plan
Though Ingram Library Services believes book ownership to be a more cost -efficient collection development strategy in the long term for libraries, we understand the convenience of book lease programs. Librarians are busy people, after all. And regular, attentive weeding is a timeconsuming responsibility.

Enter InDemand, Ingram Library Services’ lease alternative plan.

What makes InDemand unique is that it allows libraries to own every copy of each title they purchase, AND it provides an easy, reliable way for libraries to sunset extra copies when they no longer need them.

By partnering with Thriftbooks and BetterWorldBooks, Ingram can offer the same benefits of books lease programs, like getting hot new titles in quantities libraries need -- on time and into the hands of patrons -- when demand is highest.

All books purchased will receive Mylar and/or laminate covers, barcodes, and spine labels. We ’ll also apply an attractive InDemand sticker to help staff and patrons easily identify these newest titles.

What’s more, no retired books end up in landfills. Because Thriftbooks and BetterWorldBooks are certified “green” companies.

A pilot program for InDemand will commence in the summer of 2023, with a full launch planned for late fall, 2023. Stay tuned for more information!

Reviews in ipage ipage currently includes review citations and full text reviews from the following journals:
• Booklist
• The Bulletin of the Center for Children's Books
• Foreword Magazine
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• Hornbook Guide
• Hornbook Magazine
• Library Journal
• Kirkus
• School Library Journal
• Publishers Weekly
• Shelf Awareness
• BookPage
• BlueInk Review

*Please note the above list of journal titles is subject to change at any time.

Catalogs
Ingram's comprehensive family of trade catalogs showcases forthcoming and recently published titles in an attractive and easy -to-follow layout. Our catalogs also feature relevant and timely editorial content including author interviews, merchandising tips, and product news to help librarians stay abreast of trends in the book world.

For those who like to shop from their computer, online access to catalog content is available to all ipage® subscribers. E -Catalogs transform existing print publications into enhanced web versions with multiple browsing options and interactive features, including keyword search, zoom and magnifier functions, sticky notes, e -mail opti ons, and easy ordering. Simply click any of the E - Catalog links on ipage® to start browsing.

Catalogs currently available in print and/or electronic versions include:

Advance (print and digital)
https://www.flipsnack.com/ingramcontent/advance-november-2023/full-view.html

Biography/History (print and digital)
https://www.flipsnack.com/ingramcontent/biography-history-supplement-2023/full-view.html Black Culture
https://discover.ingramcontent.com/catalog/black-culture-january-2023

Business, Computer, and PTR Books
https://discover.ingramcontent.com/catalog/business-bks-ptr-computer-s-s-2023

Catholic Reflections
https://discover.ingramcontent.com/catalog/catholic-reflections-summer-2023

Children’s Advance (print and digital)
https://www.flipsnack.com/ingramcontent/children-s-advance-december-2023/full-view.html 262

GN, Comics & Manga (print and digital; quarterly)
https://www.flipsnack.com/ingramcontent/graphic-novels-comics-manga-fall-2023/fullview.html

Giftbook: In Spring, we have Spring Gift Books Supplement and Spring Bio/History catalog. In the fall, we have Holiday Giftbook Supplement; Children’s Holiday Giftbooks; Christian Holiday; Holiday Cookbooks Supplement; Fall Gift & Game; Fall Bio/History. https://www.flipsnack.com/ingramcontent/spring-giftbooks-2022/full-view.html

IndieWire
https://marketing.ingramcontent.com/mrkng/IndieWire/0923/indie-wire.html

K12 Resource (digital; spring, fall, winter)
https://www.flipsnack.com/ingramcontent/k-12-resource-winter-2022-23-hpfv8lspma/fullview.html

My Spanish Bookshelf (digital)
https://www.flipsnack.com/ingramcontent/my-spanish-bookshelf-fall-2022/full-view.html

Mystery, Suspense, True Crime
https://discover.ingramcontent.com/catalog/mystery-suspense-true-crime

Regional Focus (digital; quarterly, with titles divided into four regions https://discover.ingramcontent.com/catalog/regional-focus-spring-2023

4. REPORTS AND AUDITS
Vendor must be able to create monthly reports on cancelled and back -orderd items and offer onsite auditing of materials in storage if requested by MPL. company can offer to ensure progress of the project.

We are happy to assist Murrieta Public Library with its workflows and information/report needs regarding audits when we are fully knowledgeable of the Library’s requirements.

Order Status Reports
We provide status reports, including our Packing Slip.

The packing slip supplies you with the status of any book shipped, backordered, or out-of-print. The packing slip lists titles alphabetically by title. Titles not included in the initial shipment show a “B” in the “BO” column if they have been backordered. An “S/W” identifies those titles that we will ship from your secondary distribution center.

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Customers receive the Title Status Report monthly. It provides current backorder status information and indicates titles unavailable within your normal back order period. The reverse side of the Title Status Report lists the most common status codes:

Order Status Information on ipage®
Order Status information is available on ipage ®. Under the Order drop down menu, simply click Order Status for a list of Order Easy Clicks:

• All Open Items - This report shows line items currently backordered or being processed and not yet been invoiced.
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• Open Purchase Order Summary - This report shows a summary by PO Number that includes the date ordered, total units open, units in process, and units backordered. The PO Number can be clicked on to receive title-specific information. • Backordered Items - This report includes titles currently on backorder with the date ordered, the backorder cancel date, EAN, title, format, publication date, PO number, quantity, and the distribution center. You can also cancel a backordered item. • Recently Shipped Orders - This report shows orders shipped within the last 14 days, with the option to view the last 90 days, including the date shipped, order entry number, and shipping tracking number. You can view order details by clicking the order entry number.

You can view delivery status by clicking the shipping tracking number. • Recently Shipped by PO - like the Recently Shipped Orders, this report shows orders shipped within the last 14 or 90 days. It sorts items by PO Number and includes the date shipped, order entry number, and shipping tracking number. You can view order details by clicking the order entry number. You can view delivery status by clicking the shipping tracking number.
• Unacceptable Returns - This report shows items returned that are outside of Ingram’s return policies.
• ipage® Order History - This feature shows the order date and time, PO number, and the name of the person whose account login placed the order. It also provides a link to an Order Confirmation which gives a detailed summary of the order, including title, author, ISBN, whether the item is shipped or backordered, and retail price. • Hard-To-Find Books Order Status - This report shows the status of any books ordered through the optional Hard-To-Find Books function on ipage®.

Note: The Shipped/Invoiced Items under Order Status Search appears in ipage® for 90 days, UNLESS the Purchase Order is still open, e.g., there are titles still on backorder or in processing.

Then you may be able to search for older invoiced items.

Online Account Management ipage® has many accounts management tools. Through ipage®, you can:
• Review your current account information, such as standard backorder settings, primary distribution center, and more.
• Keep your contacts up to date with Ingram and make sure the right people receive the information they need to help you manage your account.
• Cancel backorders or change a backorder cancellation date. • View cancellations.
• Print invoices and credit memos.
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• Enable user to look up ISBNs in your library’s OPAC while using ipage. • Set up iMatch to match your collection against titles placed in a selection list on ipage via Z39.50.
• Enable One-Click ordering (Millennium (III Enhance or INNOPAC) only). • Manage FTP download delivery

ipage® Order History posts for 6 months, and can be sorted by order date, PO number, or “placed by.”

Financial Information available on ipage® includes open and closed invoices and credit memos.

Accounting items are posted for 90 days.

Reports are also available for printing by clicking on the “print version” button.

Returns Reporting ipage® features the following returns reporting options. You can:
• Report shortages.
• Determine the date Ingram received your return items. • Determine the status of a return.
• View credit memo information.

Customized Reporting Options
If standard reporting options do not meet the Library ’s needs, Ingram can provide customized reporting based on open and closed order data to keep your project on track. These reports will be in Excel format, which can then be filtered and sorted per the Library’s preference.

Excel Reports in ipage ipage offers three headquarters-level reports, downloadable in Excel format for easy searching and sorting:
• Cancelled Items (items cancelled during the previous month) • Invoiced Items (items invoiced during the previous month) • Open Items (all items, refreshed nightly)

Self-Help Tools ipage includes easy -to-use, self -help tools, such as “Find My Order ” and Help>Report Discrepancies,” both of which are easy to find and use.

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For more information about our “Report Discrepancy ” feature, please see our information on Returns.

5. FILL RATES
Vendor must be able to meet a 90% fill rate within 90 days of ordering un-catalogued titles.

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Ingram’s senior and executive leadership continually monitors fill rate reports across all market segments. Ingram Library Services is proud that our initial fill rates are typically 85 -90%, with a fill rate of 95 to 100% shipped or reported within 90 days, on items listed in Ingram’s database. Note that our fill rate includes over 19,000,000 available titles.

Print

91.78 % shipped at time of initial order

98.92 % shipped in 60 days

99.02 % shipped in 90 days

Spoken Word

92.53 % shipped at time of initial order

99.30 % shipped in 60 days

99.44 % shipped in 90 days

DVD/Blu-ray

77.85 % shipped at time of initial order*

97.25 % shipped in 60 days

97.60 % shipped in 90 days

Ingram’s average fulfillment rates listed above are for in-print library material. We calculate fill rates for Ingram public library customers and for items available through Ingram at the time of order, excluding items unavailable from the publisher at the time of order.

*Note that “On Order” stock for DVD titles shown on ipage® reflects the inventory level in the Ingram Entertainment distribution center. Upon order, we receive them in our distribution center within 24 hours.

6. RETURN AND CREDIT POLICY
Vendor must accept any publisher defective materials back up to one year and issue full credit with no restocking fee.

Ingram’s Returns Policies provide prompt and efficient resolution for reporting and returning materials. A return authorization number is not required, though, in some cases as indicated below, we ask the customer to report returns to Customer Care . Ingram cannot accept return of any product we do not stock or did not provide.

Processed Materials
Items with cataloging or processing per Library’s specifications are no longer in resalable condition and, therefore, are non-returnable, except due to Ingram error.

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Non-Returnable Materials
Each publisher decides whether their product is non -returnable. Publishers determine this on a product-by-product or binding -by-binding basis, or as items go out of print, and non -returnable items are indicated on ipage.

Hassle Free Returns
Libraries can return any unprocessed materials, as a “Hassle-Free” returns, for up to 60 days after the invoice date.
• The library should include a copy of the Hassle-Free Returns form (found on the back of packing slip or printed from ipage) in each carton shipped to Ingram. • Ingram will not charge a restocking fee for items returned in accordance with our Hassle- Free Returns Policy. Beyond the 60-day window, we may charge a restocking fee.

Overstock Returns
Overstock returns are unprocessed materials returned after the 60-day window.

We credit Overstock Returns at 50% off the list price, for standard discount books. Short -discount books receive credit at 10% less than original invoice price:
• Overstock returns are subject to a 10% restocking fee. • Overstock returns for libraries may not exceed 10% of purchases made during the preceding 12 months.
• All product returned to Ingram must be in a marketable condition. • Ingram reserves the right to send back, at the Library’s expense, all products returned to Ingram in a condition in which they cannot be resold.
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• To initiate an overstock return, customers can send the material(s) with the packing slip to the Ingram Return Center. Customers pay return freight for overstock items.

Hard to Find Books Alibris Returns Policy
If dissatisfied for any reason with a book purchased through our Hard -to-Find Book program, you may return your purchase to the Alibris distribution center within 30 days for a full refund of purchase. Ingram reimburses shipping costs for returns when the book’s condition is not as described on ipage.

Please email Ingram Customer Care at [email protected] to report a return.

If the return is due to non-Ingram error, send the material to the Alibris Distribution Center.

Items Damaged in Transit or Shipped due to Ingram Error We ask the Library to accept delivery of materials damaged in transit.

Library staff should note product impairment on the carrier delivery receipt and then email our Customer Care Department at [email protected] for return instructions. If possible, please take pictures of items received damaged.

We cannot reimburse for claims made after 60 days from invoice date.

Defects - Books
Ingram understands that defects inside a book may not be detected until after circulation, so there is no timeframe for returning product received with publisher defects . Eligible defects include the following:
• Missing pages
• Contents out of sequence
• Books bound upside down
• Contents different from that indicated on the cover/title • Ink or printing issues
• Crooked pages
• Blank pages
• Malfunctioning disc
• Item received with missing or incorrect disc(s)
• Please note, however, that due to wear and tear circulation can cause, we accept books with broken bindings for up to 60 days after invoice date.

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Defects - AV Materials
• Eligible defects can include damage or defects to individual discs in a multi-disc set. If the title is currently in stock, we offer the option to replace the entire product, rather than only the damaged discs, as Ingram does not stock individual replacement discs in our inventory.
• Ingram recognizes that individual discs in a multi-disc title may be lost or damaged after the title is in circulation. Replacements for discs lost or damaged after receipt from Ingram may be available directly from the title’s publisher. For example, Brilliance Audio Library Edition audiobooks offers a guarantee of free disc and vinyl case replacements.

You can obtain publisher contact information for every title in ipage at your convenience, 24 hours a day, 7 days a week.

Please complete and submit a discrepancy form via ipage. You can find the form under the “Help” tab.

Once you have submitted the Discrepancy form, we will send a return label, if applicable, to your provided email, and issue a credit memo. You can the n submit your replacement order of the item(s) as part of your next regular order.

Credit Memo
Upon proper notification and receipt of returned titles in our distribution center (if required by Ingram), we credit the customer for the full invoiced amount of the item(s). Credits appear on monthly statements, with reference to the purchase order numbe r, and credit memos are visible on ipage.

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EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

N/A
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EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. City will compensate Consultant for the Commodities purchased via Purchase Order and submission of a valid invoice.

PURCHASE ORDER GENERAL CONDITIONS

1. In accepting the award of a Purchase Order from the City of Murrieta, the Supplier agrees to having read and acknowledged these General Conditions.

2. This purchase order shall be governed by the laws of the State of Tennessee.

3. All sales, use, excise or similar taxes to be paid by City must be itemized separately hereon and on invoices. City is exempt from payment of Federal Excise Tax and supplier shall not charge this tax to City. Charges for Shipping and Handling should be separated and reflected on the invoice.

4. City's obligation to pay the sum herein stated for any one fiscal year shall be contingent upon the City Council appropriating the necessary funds. A fiscal year commences on July 1 and ends on June 30 of the following year. If the City Council fails to appropriate the necessary funds for any fiscal year, then the Purchase Order shall terminate at no additional cost or obligation to City.

5. Supplier shall use comme rcially reasonable efforts to provide product and/or services within the time specified by City . If at any time Supplier believes that goods, materials, equipment, supplies ("item"), labor or services will not be made as scheduled, supplier shall promptly give notice stating the cause of the delay to City.

6. Supplier warrants that the items delivered and the work or services performed shall conform to the specifications, drawings, samples or other description specified by City and shall be fit and suffici ent for the purpose intended, merchantable, of good materials and workmanship, in good working order and free from defect or faulty workmanship for a period of at least ninety (90) days, after delivery. When defective items or faulty workmanship is discovered, Supplier shall provide all labor, materials, parts and equipment to correct such defect or make such replacement at no expense to the City. Defective items not meeting City's specifications shall be held for Supplier's instructions at Supplier's risk and, if Supplier so directs, will be returned at Supplier's expense.

7. City shall not be liable for, and Supplier shall defend (with attorneys approved by City), indemnify, and hold harmless City and its officers, agents, employees and volunteers (collectively "City Parties"), against any and all claims, deductibles, self insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, in cluding attorneys' fees and court costs (“Claims"), which arise out of or are in any way connected to the work performed by Supplier by this Agreement arising either directly or indirectly from any act, 274

error, omission or negligence of Supplier or its offi cers, employees, agents, contractors, licensees or servants. Supplier shall have no obligation, however, to defend or indemnify City Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the negligence or willful misconduct of City Parties.

8. City reserves the right to terminate this Purchase Order, or any part of it, at any time even though Supplier is not in default. In the event of default, Supplier shall have a reasonable opportunity to cure no less than thirty (30) days. On receipt of notice of termination, Supplier shall, unless such notice otherwise directs, immediately discontinue all work on the Purchase Order and deliver, if and as directed, to City all completed and partially completed items and work in process. This section shall not limit or affect the right of City to terminate this Purchase Order immediately upon Supplier's breach.

9. City reserves the right to terminate this Purchase Order or any part of it and reject delivery of items if delivery is not made when and as specified. Supplier shall be charged for any losses sustained by City by reason of such delay or failure, except losses caused by a delay for reasons beyond Supplier's reasonable control. Direct losses shall include any costs to City in excess of the Purchase Order price of obtaining items or services from other sources similar to those terminated or rejected.

10. Supplier shall not substit ute items without approval of the City Purchasing Agent or designee.

11. Supplier shall keep confidential and not disclose or use in any way confidential business or technical information that the City may disclose in conjunction with this Purchase Order that Supplier may learn as a result of entering City property to deliver items or services or to perform work hereunder.

12. Supplier shall not assign this Purchase Order or any part hereof or any payments due hereunder or delegate any duties without City's prior written approval.

13. This Purchase Order shall not be amended, modified or rescinded, except by written agreement signed by the parties and expressly referring to this Purchase Order.

14. Supplier shall comply with all applicable federal, state and local laws, rules, regulations and ordinances pertaining to the subject matter hereof, and shall obtain all necessary licenses and permits related to the items, work or services.

15. Supplier, its employees, and agents shall be considered independent contractors and not employees or agents of City.

16. City’s purchases are based on its actual needs and requirements. City is obligated only to purchase those items and those quantities that City needs and requires, regardless of any estimated quantities provided to the Supplier.

17. Shipping – Deliveries must be prepaid (FFE) freight. City will not accept COD shipments. Packing lists must accompany each shipment, showing purchase order number, 275

description and part number for each item. Shipments must be id entified as “PARTIAL” or “COMPLETE”. Over shipments, unless specifically authorized, will not be accepted.

18. Material is subject to Purchasing Agent’s inspection and approval within a reasonable time after delivery; if specifications are not met, materia l may be returned at Supplier’s expense.

19. Invoicing – Send invoice promptly upon shipment, showing purchase order number. Invoice each Purchase Order separately, in duplicate.

20. Payment - Supplier shall submit invoices to the City for payment of goods and services rendered. Unless otherwise specified, the City shall pay properly submitted invoices not more than 30 days after (i) the acceptance of goods or services by the City; and (ii) receipt of an undisputed invoice. Late payment penalties shall not apply to this order.

II. The total compensation for all Services shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.

III. Consultant’s billing rates for Commodities are attached as Exhibit C-1. 276

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EXHIBIT “C-1”

SCHEDULE OF COMPENSATION

Titles ordered under our optional Hard -to-Find Books Service ship from Alibris's distribution facility, not an Ingram warehouse. They will not combine with your Ingram orders for shipping and may have different turnaround times an d shipping methods. These titles are sold at the net price shown, plus a $3.95 per book shipping and handling fee if shipped within the United States.

Special Terms for Hard-to-Find Books Service
 Not covered under Ingram contract terms and discounts.  Do not receive cataloging or processing services.
 Receive net pricing.
 No minimum order required.
 Ingram invoices customers for Alibris orders, and these invoices also appear on the monthly Ingram statement.
 Titles ship from Alibris's distribution facility, not an Ingram warehouse. Therefore, they ship separately from your Ingram orders, perhaps with a different carrier and may have different turnaround times and shipping methods.
 Delivery charges and freight charges vary from your standard Ingram orders, and we apply a $3.95 per book shipping and handling fee if shipped within the United States.

Paperback pre-binding services are offered through Ingram's partnership with The HF Group (formerly Heckman Bindery). The cost of this service is $7.00 per book ($14.65 for set binding for custom book box set). Since this is a pass-through charge, any price increases will be passed along to the Library.

The resulting product provides:
 Strong, double-fan adhesive binding
 Archival quality endpapers and adhesives
 Flex-board reinforced spine
 Flannel-cloth binding reinforcement
 Digitally reproduced graphics Nylon lamination film
 Durable binder's board cover

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Discounts
Format Discount
Hardcover 45.0%
Trade Quality Paper 40.0%
Mass Market Paper 40.0%
Publisher's Library
Binding

15.0%
Prebind 10.0%
University Press 10.0%
Shorts 10.0%
Graphic Novels 40.0%
Nets 0.0%
Spoken Word 45.0%
DVD < $14.99: 35.0%
$15.00-$19.99:

30.0%

Music 5.0%

*Short Discount/Non-Trade: Lower demand, small print -run books in various bindings, and includes graphic novels, legal, technical, reference, scientific, and medical titles as defined by Ingram subject categories. Titles are generally published by small or university presses. Also included are print and audiobook titles purchased at lower than full trade discount; titles with limited sales volume; and/or titles from publishers not in compliance with Ingram's purchasing requirements. Ingram is pleased to make this broad base of titles available to our customers with no service charges.
** Ninety to ninety-five percent of all Spoken Word Audio CD is at the 45% discount; however, some Spoken Word Audio is short discounted by the publisher. *** Although the majority of Ingram's DVD inventory is eligible for the maximum discounts, some titles receive smaller discounts.

Definitions of Binding Types and Presses
Discounts are applied to the publisher's current list price. Prior to placing an order, the Library can determine estimated discounted pricing for an entire list by utilizing the Price this List feature on ipage@
In determining which titles receive less than full trade discounts, Ingram categorizes books for pricing purposes by considering the binding, cost of acquisition, general marketing categories, 278

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publisher's discount, and other factors as defined by the Definitions of Binding Types and Presses provided. Ingram reserves the right to be the sole and final determinant of the pricing category.

Trade Hardcover: High demand fiction and nonfiction books published with a glued binding and a hardcover. These titles are typically for the general consumer and produced by widely distributed publishers. Trade bindings may also be referred to as retail trade editions, trade books, hardbound books, hardback books, cloth bound books or cloth cover books. Publishers normally produce these titles in larger print runs.

Quality Paperback: High demand fiction and nonfiction books with paper covers and generally no size restriction. Any illustrations or graphics may be placed throughout the book; both paper and printing are high quality. These titles are typically for the general consumer and produced by widely distributed publishers. This binding may also be referred to as trade paper or trade paperback. *

Mass Market Paperback: High demand books with paper covers that are produced in a size to fit a standard retail store display and generally deal with subjects of mass appeal. Any illustrations are grouped together in one section of the book. *
Library Bindings: Books of higher quality publisher bindings, usually fanned and glued, and may also be sewn. Books may be identified as Library Bindings on ipage@ Universitv Press: The binding types may vary for these titles (i.e., Hardcover and/or Paperback), but all are published by a University Press.

Short Discount/Non -Trade: Lower demand, small print -run books in various bindings, and includes graphic novels, legal, technical, reference, scientific, and medical titles as defined by Ingram subject categories. Titles are generally published by small or university presses.

Also included are print and audiobook titles purchased at lower than full trade discount; titles with limited sales volume; and/or titles from publishers not in compliance with Ingram's purchasing requirements. Ingram is pleased to make this broad base of title s available to our customers with no service charges.

Large Print: Ingram does not recognize large print as separate binding type for discount purposes.

Large print titles receive discounts according to binding/press assigned to the ISBN ordered as outlined above.

Graphic Novels: A narrative work in which the story is conveyed to the reader using comic form.

The term is employed in a broad manner, encompassing nonfiction works and thematically linked short stories as well as fictional stories across several genres.

Picture Bookse Board Bookst Easy Readers, and Big Books: These juvenile genre categories are not discounting categories used by Ingram. These books will receive the discount appropriate to the specific binding/press ordered as outlined above. We estimate that at least 80% would receive the full trade discount.
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Prebound Books: Paperback books bound into a hardback edition. Our inventory also includes over 17,500 prebound titles from Perfection Learning and San Val (Turtleback Books), and are identified on ipage@ as Prebound-Sewn or Prebound-Glued World Language Materials: Ingram does not recognize Spanish language (or any world languages) as a discounting category. These books will receive the discount appropriate to the specific binding/press ordered as outlined above.

Spoken Word Audio: Audiobooks produced for the general consumer and dealing with subjects of mass appeal. Spoken Word audio may be abridged or unabridged and are generally sold by publishers at full trade discounts, however some titles may be short discounted by the publisher.

Ingram does not differentiate between MP3 CD and Audio CD formats for discounting purposes.

Book and spoken word audio kits will receive discounts based upon classification of the title, typically by the publisher, as a book or as a spoken word audio. If classified as a book, it will receive the discount appropriate to the specific binding/press assigned to the ISBN ordered.

DVD and Blu -ray: Currently, Ingram provides pre -recorded titles in these categories under a single discount. However, should a new format of DVD emerge in the industry for which studios apply different purchasing terms, Ingram will notify the Library of the discount applicable to that new format.

Net: Low demand, small print run books in various binds and categories upon which Ingram receives minimal or no purchase discount. This category of book will receive a 0% discount.

Ingram is pleased to make this broad base of titles available to our customers with no service charges.
*See Short Discount for explanation on titles that may fall outside of this discount category.

Freight Terms
We are pleased to offer Ingram-paid freight from your designated primary and secondary distribution centers. We hold orders until a minimum quantity of 15 units is met. The qualifying unit quantity is subject to change with notice. Items picked, packed, and shipped together count as an individual shipment.

Ingram chooses the most cost -effective shipping method but uses UPS ground service to transport most of Ingram's goods. Ingram reserves the right to adjust distribution center designations to provide the most favorable service to your Library. We ship FOB Destination.

With FOB Destination, Ingram is responsible for product until delivered to its destination; liability lies with the receiving agency thereafter.

When freight charges on an individual account surpass 3.0% of the account's expenditures, Ingram reserves the right to add fuel surcharge, with notice. These charges appear as Shipping and Handling charges on your invoice and are subject to change with notice. 280

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Payment Terms
Payment terms under this contract shall be NET 30 EOM. We require payment for invoices within these terms for purchase orders completed or not completed.

While other vendors demand payment from invoice date, we calculate our terms on statement date at the end of each month. With payment due 30 days from statement date, your payment is due an average of 45 days from invoice (30-59 days).

You must report invoice discrepancies to Ingram within 30 days of the invoice date. All discrepancy reports must include an invoice number and date of invoice. Discrepancies reported after 30 days from invoice date do not receive adjustment.

For opening day collections, Ingram can store product and ship to you at an agreed upon dat e under the following terms: We invoice items when we store them in an Ingram facility after receiving processing and cataloging services. Stored items are payable within 30 days EOM.

Ownership and title of product passes to the Library upon invoice. ipage@ ipage is Ingram's online collection development and ordering tool for librarians, combining the industry's largest inventory with complete title information, including pre -pub metadata, collection development resources, reviews, and real-time stock check. Customers with a current, active Ingram account are eligible for a free subscription to ipage, which offers libraries easy-touse ordering capabilities and other features at no cost for unlimited concurrent users.

You can access ipage at https://ipage.ingramcontent.com. Via ipage, you can access and manage your library's account (s) specific information, at your convenience, 24 hours a day, 7 days a week.

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EXHIBIT D

SCHEDULE OF PERFORMANCE

N/A

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EXHIBIT E

INSURANCE REQUIREMENTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)

3. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

4. Cyber: Vendor/Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 283

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If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. 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 if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required a bove shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of 284

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subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 [fill in the amount for your comfort level for the specific Con sultant and job – it could be much higher, or in the case of a ver y small Consultant, you might want it lower] unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self -insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.

However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these 285

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specifications, at any time. 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.

Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

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. 286

CITY OF MURRIETA
City Council Meeting Agenda
Report
12/19/2023
Agenda Item No. 7.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Director of Public Works
PREPARED BY: Andree’ Kinney, Management Analyst
SUBJECT: First Amendment to the Implementation Agreement Amendment with Western Riverside Council of Governments for Streetlight Operation and Maintenance

RECOMMENDATION
Approve the First Amendment to the Implementation Agreement between Western Riverside Council of Governments to implement maintenance and repair program for streetlights; Approve Appendix 6 to the WRCOG new PSA with Yunex Traffic and WRCOG for the City to receive streetlight Operation and Maintenance services, in substantially the forms attached hereto; and Authorize the City Manager to execute the First Amendment to the Implementation Plan and Appendix 6 to the WRCOG PSA Agreement subject to City Attorney’s final approval.

PRIOR ACTION/VOTE
On March 7, 2017, the City Council adopted Resolution No. 17-3703, approving the Purchase and Sale Agreement, including the No-Fee Pole License Agreement, with Southern California Edison to acquire approximately 6,500 streetlights within the City limits (Vote: 5-0).

On December 19, 2017, the City Council adopted Resolution No. 17-3840, authorizing the execution of an equipment/purchase agreement with Banc of America Leasing & Capital LLC; and an Implementation Agreement between the Western Riverside Council of Governments and for the Maintenance and Repair Program for Streetlights (Vote: 5-0).

On April 3, 2018, the City Council adopted Resolution No. 18-3884, authorizing execution of the paying agent agreement and escrow account control agreement with Wilmington Trust, National Association Bank related to the Southern California Edison Purchase and Retrofit Project (Vote: 5-0).

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

CITY OF MURRIETA Printed on 12/14/2023Page 1 of 3
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Agenda Item No. 7.

BACKGROUND
The Western Riverside Council of Governments (WRCOG) Regional Streetlight Program currently provides services to the City of Murrieta (City), including streetlight operations and maintenance (O&M) services, project management, and as-needed technical assistance, for smart streetlight technologies, such as traffic sensors, and as-needed support for broadband initiatives or projects.

On May 10, 2017, the City entered into a Purchase and Sale Agreement (PSA) with Southern California Edison (SCE) to purchase eligible streetlights within the City’sjurisdiction from SCE. By February 2020, the City had purchased 6,450 streetlights from SCE that would be entered into the Regional Streetlight Program and included an additional seventeen historically City-owned and operated streetlights as well.

On March 27, 2018, WRCOG entered into an Amended & Restated Professional Services Agreement with Siemens Industry, Inc., Intelligent Traffic Systems, (Original Professional Service Agreement) to provide streetlight retrofit and O&M services (Service) which was subsequently amended. The City executed an Appendix to the PSA between WRCOG, Siemens, and the City to receive the Services.

On April 3, 2018, the City entered into an Implementation Agreement with WRCOG to implement the maintenance and repair program for the City’sstreetlights as well as receive the Services provided by the Regional Streetlight Program. The City also entered into Appendix 7 to the WRCOG PSA in order to receive streetlight O&M services provided by Yunex Traffic, formerly Siemens, within the City’s jurisdiction.

On October 27, 2021, WRCOG consented to the transfer of the contract pertaining to Siemens' Intelligent Traffic Systems (ITS) business to Yunex Traffic due to the worldwide carve-out of the ITS business into a separate business entity under the new brand name Yunex Traffic. On February 2, 2022, the City of Murrieta consented to the transfer to Yunex Traffic.

On November 7, 2022, WRCOG and Yunex entered into a Second Amendment to the Amended & Restated PSA to extend the term of the contract to December 1, 2023. Subsequently, on December 6, 2022, the City entered into the Second Amendment to Appendix 7 to the WRCOG Amended & Restated PSA to extend the contract term with Yunex Traffic to December 1, 2023, which has expired.

On July 12, 2023, WRCOG released Request for Proposals Number 23-02, seeking a provider for streetlight O&M services for the agencies participating in the Regional Streetlight Program. On October 2, 2023, the WRCOG Executive Committee approved an award to Yunex Traffic and authorized a new PSA to provide streetlight O&M services to the member agencies in the Regional Streetlight Program.

The First Amendment to the Implementation Agreement will replace the original PSA with the new PSA between WRCOG and Yunex. All other terms of the Implementation Agreement will remain in effect. Appendix 6 of the new PSA defines the scope of work for Yunex and provides the applicable rates for services that Yunex will provide to the City. The PSA has an effective date of December 1, 2023, and has a three-year term with an optional two-year extension, not to exceed five-years.

FISCAL IMPACT
The City is responsible for all costs arising from the WRCOG PSA with Yunex Traffic for services provided within the City’sjurisdiction for an estimated amount of $901,711 over the estimated five-year term of the Agreement. This is subject to change based on the number of streetlights added to and/or removed from the Program and any additional work requested by the City.

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Agenda Item No. 7.

The monthly street light maintenance costs for Fiscal Years 2023/24 and 2024/25 are budgeted in various funds, which include the General Fund, the Community Services Districts Zones, and Lighting and Landscape Districts. Supplemental costs associated with the repair/replacement of streetlight knockdowns are also budgeted in the biennial budget in the General Fund account 1106150-61960. The budget for subsequent years of the Agreement will be included in future biennial budgets.

ATTACHMENTS

1. First Amendment to the Implementation Agreement between the Western Riverside Council of Governments and the City of Murrieta

2. Appendix 6 to Western Riverside Council of Governments Professional Service Agreement with Yunex LLC

3. Original Implementation Agreement
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FIRST AMENDMENT TO THE IMPLEMENTATION AGREEMENT

BETWEEN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

AND THE CITY OF MURRIETA TO IMPLEMENT MAINTENANCE AND REPAIR

PROGRAM FOR STREETLIGHTS
This First Amendment to Maintenance Agreement (“First Amendmen t”) is entered into as of ______________ between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”), a joint powers authority formed under Government Code sections 6500 et seq., and the CITY OF MURRIETA (“Member Agency”), a public agency formed und er the laws of the State of California. WRCOG and the Member Agency are sometimes collectively referred to in this First Amendment as the “Parties” or individually as a “Party.”

RECITALS
WHEREAS, on March 27, 2018, WRCOG entered into an “Amended and Resta ted Western Riverside Council of Governments Professional Services Agreement ” with Siemens Industry, Inc. (the “ Original Professional Services Agreement”), for the provision of retrofitting services and regular maintenance and repair services (the “Service s”), which was subsequently amended; and
WHEREAS, WRCOG and the Member Agency entered into the “ Implementation Agreement between the Western Riverside Council of Governments and City of Murrieta to Implement the Maintenance and Repair Program for Str eetlights” on April 1, 2018, in order to authorize WRCOG to enter into one or more agreements with third party providers for the provision of maintenance, repair, retrofitting and replacement services of streetlights and acquisition of retrofit equipment on behalf of the Member Agency within the Member Agency’s jurisdiction and to administer such agreements; and
WHEREAS, the Original Professional Services Agreement expired and WRCOG has entered into a “Western Riverside Council of Governments Professional Services Ag reement” with Yunex LLC dated October 2, 2023 (the “ Professional Services Agreement ”), to provide professional services for the installation of LED street lights and the ongoing operations and maintenance of the street light systems for member agencies; and WHEREAS, the Parties desire enter into this First Amendment to amend the Implementation Agreement , as permitted pursuant to the provisions of thereof , to replace the Original Professional Services Agreement attached as Exhibit A to the Imp lementation Agreement with the Professional Services Agreement, attached as Exhibit A hereto; and WHEREAS, the City Council has authorized the Member Agency to enter into this First Amendment.

NOW, THEREFORE, the Parties hereby understand and agree as follows:

AGREEMENT
Section 1: Amendment to the Implementation Agreement.
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Exhibit A of the Implementation Agreement shall be replaced with the Professional Services Agreement attached hereto as Exhibit A.

Section 2: Effect of this First Amendment on the Other Terms and Provisions of the Implementation Agreement.

All terms and provisions of the Implementation Agreement, shall remain in full force and legal effect except as expressly modified by the provisions of this First Amendment. 291
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IN WITNESS WHEREOF, the Parties hereby have made and executed this First Amendment as of the date first written above.

WESTERN RIVERSIDE COUNCIL CITY OF MURRIETA

OF GOVERNMENTS

By: ________________________________ By: _________________________ Dr. Kurt Wilson Kim Summers
Executive Director City Manager

APPROVED AS TO FORM: ATTEST:

By: ________________________________ By: _________________________

General Counsel Cristal McDonald
Best Best & Krieger LLP City Clerk

APPROVED AS TO FORM:

By:____________________________
Tiffany Israel
City Attorney

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EXHIBIT A

PROFESSIONAL SERVICES AGREEMENT
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WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this day 2nd of October, 2023, by and between the We stern Ri verside Council of Governments, a California public agency (“WRCOG”) , and Yunex, LLC, a Delaware limited liability company (“Consultant”). WRCOG and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Lease Agreement.

Banc of America Leasing & Capital, LLC (together with its successors and assigns, "Lessor") entered into an Equipment Lease/Purchase Agreement with each of the Member Agencies (as defined herein) in order to finance the acquisition, installation and retrofitting of streetlights within the Member Agency's jurisdiction (as amended, the "Lease Agreement"). The Parties expressly hereby agree that the Lease Agreement is not being incorporated into this Agreement and shall not be deemed a part of this Agreement.

 City of Perris
 City of San Jacinto
 City of Wildomar

2.2 Member Agency.

“Member Agency” means any and all member agencies participating in WRCOG’s street light program in accordance with an Implementation Agreement. The following local agencies are Member Agencies for the purposes of this Agreement:

 City of Eastvale
 City of Hemet
 City of Lake Elsinore
 City of Menifee
 City of Murrieta
 City of Perris
 City of San Jacinto
 City of Wildomar
 Jurupa Community
Services District

2.3 Incorporated Documents.

2.2.1 Request for Proposal. The Request for Proposal No. 23-02 (“RFP”) issued by WRCOG on July 12, 2023 and the Consultant’s response to the RFP dated August 2, 2023 are incorporated herein by this reference.

2.2.2 Appendices and Exhibits. Each Member Agency shall execute its own Appendix, which shall cover the following for that Member Agency: Scope of Services (Exhibit A) and Compensation (Exhibit B). The following Appendices, including their Exhibits, are attached hereto and incorporated herein by this 294
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reference:
 Appendix 1 – City of Eastvale
 Appendix 2 – City of Hemet
 Appendix 3 – Jurupa Community Services District
 Appendix 4 – City of Lake Elsinore
 Appendix 5 – City of Menifee
 Appendix 6 – City of Murrieta
 Appendix 7 – City of Perris
 Appendix 8 – City of San Jacinto
 Appendix 9 – City of Wildomar
1)

2.4 Consultant.

1. Consultant desires to perform and assume responsibility for the provision of certain professional services required by WRCOG and its Member Agencies on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing LED st reetlight installation and ongoing operations and maintenance of street light systems is licensed in the State of California, and is familiar with the plans o f WRCOG and its Member Agencies.

2.5 Project.

2. WRCOG desires to engage Consultant to render such professional services for the installation of LED street lights and the ongoing operations and maintenance of the street light systems for Member Agencies (“Project”) as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to WRCOG and the applicable Member Agencies all labor, materials, tools, equipment, services, and incidental an d customary work necessary to fully and adequately supply the LED street light installation and ongoing operations and maintenance of street light systems necessary for the Project (“Services”). The Services are more particularly described in the RFP and in Exhibit “A” to each Appendix attached hereto and incorporated herein by reference, and which are stated in the proposal to WRCOG and approved by WRCOG’s Executive Committee.

All Services shall be subject to, and performed in accordance with, this Agreem ent, the Appendices and exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from December 1, 2023 to December 31, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. WRCOG shall have the option to extend the term of this Agreement for one (1) additional one (1) year period , and two (2) additional six (6) month period s (“Option Term”) by notifying Consultant in writing prior to the end of the term of this Agreement , or any then-current Option Term, of its election to exercise its option . The Option Term may be exercised by WRCOG on behalf of all or any number of Member Agencies, subject to prior written approval 295
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from the relevant Member Agency with respect to the extension of its respective Appendix.

Compensation for work during any Option Term shall be at the rates set forth in Exhibit “ B”, but otherwise all other terms and obligations of this Agreement shall continue during any Option Term.
2)

3.1.3 Assignability of Agreement. WRCOG reserves the right to assign this Agreement to other entities, subject to prior written approval from the relevant Member Agency with respect to an assignment of its respective Appendix. Assignment(s) will be subject to the same terms and conditions included in this Agreement. Other entities shall negotiate the pricing for the Serv ices and supplies with the Consultant and include necessary provisions for management of their specific projects. WRCOG shall have no responsibility for the Consultant’s performance under any assignments.

3.2 Responsibilities of Consultant.

3.2.1 Control and Pa yment of Subordinates; Independent Contractor . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services subject to the requirements of this Agreement. WRCOG retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under t his Agreement on behalf of Consultant shall a lso not be employees of WRCOG or any Member Agency and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such pers onnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to, social security taxes, income tax withholding, unemployment insurance, disability insurance,and workers’ compensation insurance.

3. 3.2.2 Schedule of Services. Consultant shall install replacement poles within 20 business days of a reported knockdown of a pole or upon approval from WRCOG or a Member Agency. At WRCOG and the Member Agency’s discretion, if such pole is not replaced within the initial 20 days, a one hundred dollar ($100) bill credit will be applied to the Consultant’s invoice.

An additional $100 bill credit will be applied for eve ry 15 business days thereafter that the Consultant fails to replace such pole. Consultant shall perform the Services for WRCOG and the applicable Member Agency expeditiously, within the term of this Agreement . Consultant understands and agrees tha t in the event that the schedule for delivery of Services to any Member Agency is delayed, for any reason whatsoever including through the fault of WRCOG or the Member Agency, the delay shall not be used as a reason for delay on the part of the Contractor in meeti ng the schedule for delivery of Services to any other Member Agency.

Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultan t’s conformance with the schedule, WRCOG and the applicable Member Agency shall respond to Consultant’s submittals in a timely manner. Upon request of WRCOG or any Member Agency, Consultant shall provide a more detailed schedule of anticipated performance.

3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of WRCOG and the applicable Member Agency.

3.2.4 Substitution of Key Personnel . Consultant has represented to WRCOG that certain key personnel will pe rform an d coordinate the Services under this Agreement. 296
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Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of WRCOG. In the event that WRCOG and Consultant cannot agree as to the substitution of key personnel, WRCOG shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform t he Services in a manner acceptable to WRCOG, or who are determined by the WRCOG to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the WRCOG. The key personnel for performance of this Agreement are as follows : Michael J. Hutchens, Steven Teal, Robert Paquette, and Candace Gallaher.

3.2.5 WRCOG’s Representative. WRCOG hereby designates Daniel Soltero or his or her designee, to act as its representative for the performance of this Agreement (“WRCOG’s Representative”). WRCOG’s Representative shall have the power to act on behalf of WRCOG for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than WRCOG’s Representative or his or her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates Steven Teal or his or her designee, to act as its Representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representativ e shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for al l means, methods, techniques, sequences , and procedures, and for the satisfactory coordination of all por tions of the Services under this Agreement.

4. 3.2.7 Coordination of Services . Consultant agrees to work closely with WRCOG staff in the performance of Servic es and s hall be available to WRCOG’s staff, consultants, and other staff at all reasonable times.

3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with t he standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and sub - contractors shall have sufficient skill and experience to perform the Services assigned to them.

Finally, Con sultant represents that it, its employees and sub -contractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense , and without reimbursement from WRCOG or any Member Agency, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by WRCOG or the applicable Member Agency to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any e mployee who fails or refuses to perform the Services in a manner acceptable to WRCOG, shall be promptly removed from the Project by t he Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Laws and Regu lations. Consultant shall keep itself fully informed of and 297
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in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules , and/or regulations, and without g iving w ritten notice to WRCOG, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify, and hold WRCOG , its Member A gencies, and WRCOG’s and the Member Agencies’ Directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.10 Insurance.

3.2.10.1 Time for Compliance. Consultant shall not commence the Services under this Agreement until it has provided evidence satisfactory to WRCOG that it has secured all insurance required under this section, in a form and with insurance companies acceptable to WRCOG. In addition, Consultant shall not allow any sub-contractor to commence work on any subcontract until it has provided evidence satisfactory to WRCOG that the sub - contractor has secured all insurance required under this section.

3.2.10.2 Minimum Requirements. Consultant shall, at i ts expense, procure and maintain for the duration of the Agreement , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, r epresentatives, employees or sub -contractors.

Consultant shall also require all of its sub -contractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 or exact equivalent); (2) Automobile Liability: Insurance Services Office Business Auto Coverage (form CA 0001, code 1 (any auto) or exact equivalent); and (3) Workers’ Compensation and Employer’s Liability :

Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

(B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or ot her form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement / location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $ 5,000,000 per accident for bodily injury or disease.

3.2.10.3 Professional Liability . Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Services, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $2,000,000 per claim. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors, or 298
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omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend.

3.2.10.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by WRCOG to add the following provisions to the insurance policies:

(A) General Liability.

(i) Commercial General Liability Insurance must
include coverage for (1) Bodily Injury and Property Damage; (2) Personal Injury / Advertising Injury; (3) Premises / Operations Liability; (4) Products / Completed Opera tions Liability; (5) Aggregate Limits that Apply per Project; (6) Explosion, Collapse and Underground (UCX) exclusion deleted; (7) Contractual Liability with respect to this Agreement; (8) Broad Form Property Damage; and (9) Independent Consultants Coverage.

(ii) The policy shall contain no endorsements or
provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.

5. (iii) The policy shall give WRCOG, its Directors,
officials, officers, employees, volunteers and agents insured status using ISO endorsement forms 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.

6. (iv) The additional insured covera ge under the policy shall be “primary and non-contributory” and will not seek contribution from WRCOG’s insurance or self-insurance and shall be at least as broad as CG 20 01 04 13, or endorsements providing the exact same coverage.

(B) Automobile Liability.

(i) The automobile liability policy shall be endorsed to state that: (1) WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ Directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired , or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects WRCOG, its Member Ag encies, and WRCOG’s and its Member Agencies’ Directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled under lying coverage. Any insurance or s elf-insurance maintained by WRCOG, its Member Agencies, and WRCOG and its Member Agencies’ Directors, officials, officers, employees, agents , and volunteers shall be in excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

(C) Workers’ Compensation and Employers Liability Coverage.

(i) Consultant certifies that he/she is aware of the
provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ comp ensation or to undertake self-insurance in accordance 299
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with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.

7. (ii) The insurer shall agree to waive all rights of
subrogation against WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ Directors, officials, officers, employees, agents , and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.

(D) All Coverages. Defense costs shall be payable in addition to the limits set forth hereunder. Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provi ded by a ny insurance. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits set forth herein shall be available to WRCOG, its Me mber Age ncies, and WRCOG and its Member Agencies’ Directors, officials, officers, employees , volunteers and agents as additional insureds under said policies.

Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named insured; whichever is greater.

(i) The limits of insurance required in this Agreement
may be satisfied by a c ombination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of WRCOG and each Member Agency (if agreed to in a written contract or agreement) before WRCOG’s or any Member Agency’s own insurance or self-insurance shall be called upon to protect it as a named insure d.

The umbrella / excess policy shall be provided on a “following form” basis with coverage at least as broad as provided on the underlying policy(ies).

8. (ii) Consultant shall provide WRCOG at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non -payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) i ncluding the General Liability Additional Insured Endorsement to WRCOG at least ten (10) days prior to the effective date of cancellation or expiration.

9. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreeme nt. Cons ultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced p ast the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims -made policy with a retroactive date subsequent to the effective date of this Agreement.

10. (iv) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by WRCOG, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.

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(v) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, WRCOG and its Member Agencies have the right but not the duty to obtain the insurance they deem necessary , and any premium paid by WRCOG and its Member Agencies will be promptly reimbursed by Consultant or WRCOG (and the applicable Member Agency) will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, WRCOG may cancel this Agreement. WRCOG may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project.

12. (vi) Neither WRCOG, its Member Agencies, nor any of its Member Agencies’ directors, officials, officers, employees , volunteers or agents shall be personally responsible for any liability arising under or by virtue of this Agreement.

3.2.10.5 Separation of Insu reds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors , officials, officers, employees, agents, and volunteers.

3.2.10.6 Deductibles and Self -Insurance Retentions . Any deductibles or self -insured retentions must be declared to and approved by WRCOG.

Consultant shall guarantee that, at the option of WRCOG, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors , officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.10.7 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, licensed to do business in California, and satisfactory to WRCOG and each member Agency.

3.2.10.8 Verification of Coverage. Consultant shall furnish WRCOG and each Member Agency with original certificate s of ins urance and endorsements effecting coverage required by this Agreement on forms satisfactory to WRCOG. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shal l be on forms provided by WRCOG if requested. All certificates and endorsements must be received and approved by WRCOG before work commences. WRCOG reserves the righ t to require complete, certified copies of all required insurance policies, at any time.

3.2.10.9 Sub-consultant Insurance Requirements . Consultant shall not allow any sub -contractors or sub -consultants to commence work on any sub -contract until they have provided evidence satisfactory to WRCOG that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such sub-contractors or sub -consultants shall be endorsed to name WRCOG , its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officers, officials, employees, ag ents and volunteers as an additional insured using ISO Form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, WRCOG may approve different scopes or minimum limits of insurance for particular sub-contractors or sub-consultants.

3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid 301
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injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state , and fed eral law s, rules , and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, bu t shall not be limited to : (A) adequate life protection and life -saving equipment and procedures; (B) instructions in accident prevention for all employees and sub -contractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks , confin ed space procedures, trenching and shoring, equipment, and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

13. 3.2.12 Surety Bonds . Consultant shall provide each Member Agency with a payment and performance bond ("Surety Bond") executed by a surety company authorized to do business in the State, having a financial strength rating by A.M. Best Company of "A-" or better, and otherwise satisfactory to the Member Agency and naming the Member Agency as a co-obligee in a sum equal to the entire amount to become payable under the Appendix to this Agreement applicable to the Member Agency. Each bond s hall be conditioned on the completion of t he Services for that Member Agency and upon payment of all claims of subconsultants and suppliers. Consultant shall cause the surety company to add WRCOG and Banc of America Leasing & Capital LLC as a co -obligee on each Surety Bond, and shall deliver a certified copy of each Surety Bond to WRCOG and Banc of America Leasing & Capital LLC promptly upon receipt thereof by Consultant. Any proceeds from a Surety Bond shall be applied in accordance with such Surety Bond t o the pa yment and performance of the Consu ltant's obligations in accordance with this Agreement and all Appendices and, if for whatever reason such proceeds are not so applied, then first to amounts due Lessor (as defined in the Lease Agreement) pursuant t o Sectio n 4.05 and 7.04 of the Lease Agreement, and any remaining amounts shall be payable to Lessee (as defined in the Lease Agreement).

14. 3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ” B” attached hereto and incorporated herein by reference. Compensation does not include costs for extraordinary street light maintenance services, described in Exhibit “A.” The total compen sation for Services, with the exception of extraordinary street light maintenance services described in Exhibit “A,” shall not exceed seven million two hundred ninety-five thousand two hundred forty-four dollars ($7,295,244) without written approval of WRCOG’s Executive Director and the applicable Member Agency . Extra Work may be authorized, as described below, and, if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation . Consultant shall submit to WRCOG a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The monthly statement shall be submitted to WRCOG within 20 days from the end of the billing period, and individual billing for claims or special projects shall be submitted within 30 business days from the date of completion. The statement shall contain the invoice number and date; remittance address; Agreement Number 2024-80-2026-001, and invoice total. The statement shall des cribe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. At a minimum, Consultant shall provide a statement wit h 302
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sufficient detail to enable WRCOG or the Member Agency to make payment to Consultant from the appropriate account in accordance with the Paying Agent Agreement (as defined in the Lease Agreement) and/or Escrow Agreement (as defined in the Lease Agreeme nt), as applicable (i.e., retrofit specific costs to be identified separately from other Services under this Agreement). WRCOG shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Reimbursement for E xpenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by WRCOG.

3.3.4 Extra Work. At any time during the term of this Agreement, WRCOG may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by WRCOG to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Ex tra Work without written authorization from WRCOG’s Representative.

15. 3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq ., and 1770, et seq ., as well as California Code of Regulations, Title 8, Section 1 6000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public wor ks” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. WRCOG shall provide Consultant with a copy of the prevailin g rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification , or type of worker needed to execute the Services available to interested part ies upon request, and post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify, and hold WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ elected officials, officers, employees, volunteers, and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.3.6 CPI Increase. In recognition of the general increase in the cost of doing business, the parties agree to an increase in the compensation rates as of July 1st of each calendar year, in an amount equal to the increase in the U.S. Department of Labor Consumer Price Index "CPI" for the previous calendar year (January 1 through December 31) for all urban consumers in the Riverside County, California area; provided that the CPI adjustment shall be rounded up to the nearest full dollar, and further provided that the CPI adjustmen t shall not exceed five percent (5%) for any year. Notwithstanding any provision herein to the contrary, Consultant may request, on or before March 31st of each year, an increase in the rates over and above the CPI adjustment upon a showing of good cause for such increase; provided that the approval or disa pproval of any such request shall be made by the WRCOG in its sole and absolute discretion.

3.4 Accounting Records.

3.4.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of WRCOG or any 303
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applicable Member Agency during normal business hours to examine, audit, and make transcripts or copies of such records and any o ther doc uments created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.1 Grounds for Termination . WRCOG may, subject to prior written approval from the relevant Member Agency and by written notice to Consultant, terminate the whole or any part of this Agreement at any time and with out cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. In addition, each Member Agency may, by written notice to WRCOG and Cons ultant, terminate its Appendix to this Agreement at any time and without cause by giving written notice to C onsultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination.

Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to WRCOG or the applicable Member Agency , and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement e xcept for cause.

16. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, WRCOG may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.

3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, WRCOG and its Member Agencies may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.5.2 Delivery of Notices . All notices permitted or required under this Agreement shall be giv en to th e respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Yunex LLC
9225 Bee Cave Rd, Building B, Suite 201
Austin, TX 78733
Attn: Steven Teal

WRCOG: Western Riverside Council of Governments
3390 University Avenue, Suite 200
Riverside, CA 92501
Attn: Daniel Soltero

17. Such notice shall be deemed made when personally delivered or when mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 304
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3.5.3 Inspection of Installation Data and Maintenance Records

18. 3.5.3.1 Documents & Data; Licensing of Intellectual Property . During the course of this Agreement, and upon reasonable advance notice and during normal business hours, WRCOG and its Member Agencies may inspect and examine the installation data and maintenance r ecords specifically created or collected by Consultant under this Agreement.

Upon termination or expiration of this Agreement, Consultant will provide to WRCOG and its Member Agencies the installation data and maintenance records specifically creat ed or collected by Consultant under this Agreement. The install ation data and maintenance records shall include all final installation data, customer service reports and inquiry activity, and maintenance records, but shall not be deemed to include any prop rietary, confidential, or protected information, programs, platforms, and/or materials of Consultant.

19. 3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other documents and data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.

Such materials shall not, without the prior written consent of WRCOG and the relevant Member Agency, be used by Consultant for any purposes other than the performance of the Services.

Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use WRCOG’s or any member Agency’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television , or radio production or other similar medium without the prior written consent of WRCOG or the applicable Member Agency.

20. 3.5.3.3 Infringement Indemnificat ion. Con sultant shall defend, indemnify , and hold WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors, officials, officers, employees, volunteers , and agents free and harmless, pursuant to the indemnification provisions of this Agree ment, fo r any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by WRCOG or any Member Agency of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.5.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

21. 3.5.5 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative , or otherwise, arising out of or in connection with this Agreement, the prevailing party in such lit igation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

22. 3.5.6 Indemnification. Consultant shall defend, indemnify , and hold WRCOG, its Member Agencies, and WRCOG’s and its Member Agenci es’ Directors, officials, officers, consultants, employees, volunteers , and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions , or willful misconduct of Consultant, its officials, offic ers, employees, 305
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agents, consultants and contractors, arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. Consultant shall defend, at Consultant’s own cost, expense , and risk, any and all s uch afor esaid suits, actions, or other legal proceedings of every kind that may be brought or instituted against WRCOG, its Member Agencies, and WR COG’s and its Member Agencies’ directors, officials, officers, consultants, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award, or decree that may be rendered against WRCOG or its Directors, officials, officers, consultants, employees, agents , or volunteers, in any such suit, action or other legal proceeding. Consultant shall r eimburse WRCOG, its Member Agencies, and WRCOG and its Member Agencies’ directors, officers , consultants, employees, agents , or volunteers, for an y and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by WRCOG, its Member Agencies, and WRCOG’s and its Member Agencies’ directors , officials, off icers, c onsultants, employees, agents, or volunteers. This section shall survive any expiration or termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant’s Services are subject to Civil Code Section 2782.8, the above indemn ity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

23. 3.5.7 Entire Agreement. This Agreement contains the entire A greement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

24. 3.5.8 Governing Law. This Agreement shall be gover ned by t he laws of the State of California. Venue shall be in Riverside County.

25. 3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

26. 3.5.10 WRCOG’s Right to Employ Other Consultants . WRCOG reserves the right for itself and its Memb er Agencies to employ other consultants in connection with this Project.

27. 3.5.11 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the Parties.

28. 3.5.12 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of WRCOG, subject to prior written approval from each applicable Member Agency to the extent such assignment, hypothecation or transfer could impact such Member Agency’s Appendix . Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

29. 3.5.13 Construction; Re ferences; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not 306
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work days. All references to Consultant include all personnel, employees, agents, and sub - contractors of Consultant, except as otherwise specified in this Agreement . All references to WRCOG include its Directors, officers, employees, agents and all volunteers except as otherwise specified in this Agreement. All references to Member Agencies include their elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

30. 3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties , subject to prior written approval from each applicable Member Agency to the extent such supplement, modification, or amendment impacts such member Agency’s Appendix.

31. 3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntaril y given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

32. 3.5.16 No Third-Party Beneficiaries. There are no intended beneficiaries of any right or obligation assumed by the Parties with the exception of the Member Agencies, which are expressly considered to be third party beneficiaries and are entitled to enforce any and all rights held by the Member Agency itself or by WRCOG under this Agreement.

33. 3.5.17 Invalidity; Severability . If any portion of this Agree ment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

34. 3.5.18 Prohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employ ee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift , or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, WRCOG shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, Director, officer, official, agent volunteer, or employee of WRCOG, during the term of his or her service with WRCOG, shall have any direct interest in this Agreement, o r obtain any present or anticipated material benefit arising therefrom.

35. 3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any sub -contractor, employee, or applicant for empl oyment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitmen t advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of any of WRCOG’s Minority Business Enterprise Program, Affirmative Action Plan , or other related programs or guidelines currently in effect or hereinafter enacted.

36. 3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every 307
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employer to be insured against liability for Workers’ Compensation, or to un dertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

37. 3.5.21 Authority to Enter Agreement . Consultant has all requisite power and authority to conduct i ts business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

38. 3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of WRCOG, subject to prior written approval from the applicable Member Agency to the extent such work relates to such member Agency’s Appendix. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

[SIGNATURES ON FOLLOWING PAGE]

308
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SIGNATURE PAGE TO

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

PROFESSIONAL SERVICES AGREEMENT

39. IN WITNESS WHEREOF, the Parties hereby have made and executed this Agreement as of the date first written above.

WESTERN RIVERSIDE COUNCIL Yunex, LLC

OF GOVERNMENTS

By: ________________________________ By: _________________________ Dr. Kurt Wilson
Executive Director Title: _________________________

40. APPROVED AS TO FORM:

ATTEST:

By: ________________________________ By: _________________________

41. General Counsel Its: _________________________

42. Best Best & Krieger LLP

43. *A corporation requires the signatures of two corporate officers.

44. One signature shall be that of the Chairman of Board, the President or any Vice President, and the second signature (on the attest line) shall be that of the Secretary, any Assistant Secretary, the Chief Financial Officer or any Assistant Treasurer of such corporation.

45. If the above persons are not the intended signators, evidence of signature authority shall be provided to WRCOG.
309
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46. APPENDIX __

47. 48. MEMBER AGENCY NAME

49. 50.

51. This Appendix _ to Agreement (“Appendix”) by and between WRCOG, Consultant, and [***MEMBER AGENCY ***] ("Member Agency") is made and entered into thi s _____day of ______________ 2023. WRCOG, Consultant, and Member Agency are referred to herein as Parties.

52. 53. 1. Defined Terms. All terms used herein have the meanings ascribed to them in the Professional Services Agreement between WRCOG and Consultant dated ____ __, 2023, with the exception of the term Member Agency, which for the purposes of this Appendix will refer to [***MEMBER AGENCY NAME***] only.

54. 55. 2. Agreement Incorporated. The terms and provisions of the Agreement are hereby incorporated into this Appendix.

56. 57. 3. Member Agency Exhibits. The Parties hereby agree that the Scope of Services and Compensation for the Project as it relates to Member Agency are defined specifically in Exhibits A and B, attached hereto and incorporated herein by this reference.

58. 59.

WESTERN RIVERSIDE COUNCIL Yunex, LLC

OF GOVERNMENTS

By: ________________________________ By: _________________________ Dr. Kurt Wilson
Executive Director Title: _________________________

60. APPROVED AS TO FORM:

ATTEST:

By: ________________________________ By: _________________________

61. General Counsel Its: _________________________

62. Best Best & Krieger LLP

63. [MEMBER AGENCY]

By: _____________________________
[Insert Name, Insert Title]

APPROVED AS TO FORM

By: _____________________________

64. City Attorney

ATTEST:

By: _____________________________
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65. City Clerk
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Exhibit “A”
EXHIBIT “A”

SCOPE OF SERVICES

Understanding of the Project

It is our understanding that WRCOG is seeking a qualified firm to provide Streetlight Operation & Maintenance Services. The selected service company will be responsible for providing a continuing, comprehensive, response program for the Member Agency
streetlights. The Member Agencies expectation is that the contractor will help reduce complaints, promote safety, and proactively extend the longevity of the Member Agencies streetlight equipment, thus reducing the overall operating cost.

We understand that the general Scope of Work to be done consists of scheduled and unscheduled repairs to the Member Agencies streetlight systems. Yunex Traffic will have available and readily accessible, qualified personnel, tools, equipment, facilities, and material required to perform all work necessary for the maintenance of WRCOG’s streetlight systems, as outlined in the Scope of Work and in compliance with current Member Agency and State standards.

Approach / Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are authorized to take their work vehicles home daily. All work vehicles are stocked with proper field equipment so he/she may sufficiently address most problems they encounter while responding.

Emergency response call outs and unscheduled repairs are initiated by calling our toll-free emergency phone number, 1-800-229-6090. A live dispatcher will be available 24 hours a day, 7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning board and once the work order is released, it will immediately transfer to our technician’s queue on their mobile device. As part of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that they are in receipt of the call out/work order. For emergency calls, the technician will arrive at the site within one (1) hour to assess and correct the reported problem. Once the problem is corrected, the technician will inform our WRCOG representative of the repair actions.

Scope of Work
It is always the goal of Yunex Traffic to tailor our services around our customer’s needs. We understand that throughout the term of a contract, those needs may change. We approach all our contracts with the same vision; build a partnership with WRCOG staff and work towards achieving common goals set forth through that partnership. We realize that this is an ever- evolving process and that is why we believe that the only successful route is through establishing common goals. This methodology and a commitment to service will be applied to every aspect of our services for WRCOG.

Yunex Traffic will be available to provide emergency/non-emergency streetlight related issues such as downed streetlight poles, luminaires/photocontrols not functioning, wiring issues, and other operational equipment related issues.

Yunex Traffic will perform the following tasks and activities as it relates to the maintenance of the streetlight system (36,231poles & 36,554 luminaires):
312

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Exhibit “A”

Customer Service – Provide and administer a customer service center including, at a minimum, a toll-free phone number and website to allow WRCOG and the public to report any streetlight issues (e.g., outages, knockdowns, etc.). Separately, provide a maintenance website for WRCOG staff to access. This will provide WRCOG an up-to-date summary of current and completed tasks. Yunex will use and provide an Online Maintenance System with free access to designated WRCOG staff members. The entire online system will be a real-time system. System functionality will include but not be limited to the following items:

• Work order tracking
• Work order status updates
• Asset and equipment management
• Maintenance requests
• Maintenance checklists that are maintained and updated regularly

GIS Update - Update WRCOG’s GIS mapping system when new poles are replaced or added to the streetlight system.

Reports - Monthly and quarterly streetlight system reviews and reports, including outage/failure rate, knockdowns, and suggested repairs.

Meetings – Coordinate and attend regular meetings to review outstanding issues and work orders, including discussion of any billing or contract management issues.

Coordination with Outside Entities – Coordinate
electrical service repairs/restoration with SCE as well as coordinate with W RCOG Staff, residents, and
businesses, as-needed, for difficult to access lights.

Traffic Control – Employees are trained and certified in temporary traffic control measures, which are compliant with the California Manual of Uniform Traffic Control
Devices (CA MUTCD).

Warranty Claims – Administer services for all warranty
claims on behalf of the Member Agency for any
luminaires, photocells, or similar streetlight equipment (smart nodes, detection devices, etc.)

Streetlight Pole Knockdowns – Respond to all calls of
poles that have been knocked down, implement traffic
control, confirm electrical lines are made safe, cut
downed pole/luminaire a rm, remove from location, and
clean up all debris.

Streetlight Pole Replacement - Replacement poles will be replaced within 14 business days of reporting.

Quarterly Streetlight System Reviews (Night Inspection) – Nighttime lighting surveys will be conducted of all Member Agency owned streetlights to identify any streetlights that are non-functioning. Upon completion of such nighttime survey, Yunex will provide a report to the Member Agency of all system activity, condition, issues found, and planned or completed repairs. The report will include the nearest street address and po le number.

Nighttime Lighting Surveys will be completed quarterly. 313

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Exhibit “A”

Annual Painting of Metal Poles – Provide metal pole painting based upon Member Agency approval.

LED Replacement – Replacement of LED streetlights that
have been inoperative by virtue of failure. Replacement will occur within three (3) business days from notification of Yunex by Member Agency. If the cause of failure is covered under manufacture warranty, Yunex will be responsible for warranty management of defective LED fixtures which includes all aspects related to standard warranty practices. Yunex will notify the Member Agency of any undue de lays in response due to the manufacturer.

LED Retrofit & Pole Tagging – Provide LED retrofit and/or pole identification tag installation services for cob ra head and/or decorative streetlights.

Removal and Disposal – Provide removal and disposal services of all damaged/discarded materials. Disposal services will follow the California Recycle and Disposal Laws.

Furnish and Install House-Side Shields – Provide and install house-side shields when requested to do so by any Member Agency.

Provide a Storage Facility – Yunex’s local storage facility is conveniently located in the City of Riverside, which is within minutes of each Member Agency. We have been utilizing this location to service this contract since being awarded this contract.

Compliance with all Laws – Yunex is familiar with all federal, state, and local laws and regulations regarding the Scope of Work, and follows wage and labor laws, OSHA requirements, and appropriate safety measures.

Troubleshooting – Diagnose and repair any Member Agency owned inoperable streetlights. Repairs will be completed within three (3) working days or less.

Spare Inventory – Yunex will warehouse sufficient spare inventories such as poles, luminaires, ballasts, photocells, nodes, fuse holders, fuses, wire, pull box lids, hand hole covers, electrical services, pole identification tags, and other electrical components.

Extraordinary, Emergency, and After-hours
Maintenance - For streetlight maintenance issues
that fall outside of the standard maintenance scope
above, Yunex will provide services billed on a time
& materials basis. Example of Extraordinary,
Emergency, and After-hours Maintenance includes
the following: traffic accidents, tree fall or power
surges that may occur, resulting in the streetlights
being damaged and needing to be replaced, though
the frequency may vary considerably. All
Extraordinary, Emergency, and After-hours
Maintenance work must be preapproved by the
Member Agency prior to the work being completed.

The following items have specifically been identified as, but are not limited to, Emergency and after-hours maintenance:
o Emergency response - 24 hours and day 7 days a week
314

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Exhibit “A”

o Streetlight pole knockdown response
o Damaged/leaning poles
o Luminaire repairs or replacement
o Photocell replacement
o Fuse and/or fuse holder replacement
o False calls
o Wiring replacement
o Pole graffiti abatement
o Pole painting
o House side shield purchase and installation
Additional offerings available to WRCOG:

USA Dig Alert Services
Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at the request of Member Agency staff for the marking and protection of streetlight underground facilities such as electrical con duits, safety light conduits, and other appurtenant equipment which might conflict with other right-of-way construction or repairs.

Our own in-house technicians are equipped and certified with the proper locating devices provided by Metrotech.

315

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Exhibit “A”

On-Line Portal (Service Business Platform @ITS)
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which is a proprietary management system designed to effectively manage all service order progress, remotely update our ERP system (SAP) and as work is performed.

SBP allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used.

SBP keeps historical records for every location which allows the technicians an additional resource when troubleshooting.

When creating a new service request, the SBP will query the location history and will flag the order if it is a repeated call out or duplicate order.

Technicians transmit response and routine maintenance items in real-time using IOS or Android devices.

The contractual Scope of Work and all maintenance activities are also available for technicians to review to ensure all tasks are completed within the specified timeframe.

Customer specific checklists for routine preventative maintenance will be available to the technicians so all required tasks are completed, per your Scope of Work.

316

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Exhibit “A”

Customer Portal
The SBP Customer Portal gives our customers access to:

Monitor real-time status of routine maintenance and service calls Location history (sort/filter by date, location, call type, etc.) Overall historical maintenance and repair data
Real-time equipment inventories, maps, and event reporting Asset management (including digital photographs, GIS data, etc.)

317

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Exhibit “A”

Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a detailed billing report with each invoice that lists labor and equipment hours billed for each service order.

318

30 EXHIBIT “B”

COMPENSATION

BILLING RATES

Item Description Unit of
Measure
Unit Cost
Monthly Maintenance
1 LED Fixture
Maintenance Cobra
head
This includes the cost for all regular maintenance and associated tasks to maintain the cobrahead fixtures in the streetlight system as identified in section 13.1 of the RFP.

This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for LED streetlight fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, although the cost of the fixture will be charged under Material Markup (Cost + 15%).
b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 35,832 streetlights belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.

Per Light
/ Per
Month
$0.70
2 LED Fixture
Maintenance Decorative
This includes the cost for all regular maintenance and associated tasks to maintain the decorative fixtures in the streetlight system as identified in section 13.1 of the RFP.

This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for Decorative LED fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, although the cost of the fixture will be charged under Material Markup (Cost + 15%).
b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 399 decorative fixtures belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.

Per Light
/ Per
Month
$2.15
Extraordinary Maintenance (Reference pricing Only - this scope will be quoted on time and material basis) 3 LED Replacement Cobra
head
This includes the costs for labor and equipment (trucks, lifts, t ools, traffic control, etc.) for replacing existing cobrahead fixtures with a new LED fixture, disposal and updating of WRCOG database with model number installed and installation date. The replacement fixture cost is not included and will be charged at ma terial cost plus the markup listed below.

Each $80.00
4 LED Replacement
Decorative
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing existing decorative fixtures with a new LED fixture, disposal an d updating of WRCOG database with model number installed and installation date. The replacement fixture cost is not included and will be charged at material cost plus the markup listed below.

Each $160.00
5 Street light pole ID tag This includes the labor for installation of a unique pole ID tag for each pole. Pole tags will be affixed to poles with an adhesive, no riveting or drilling will be performed. This price is based on installing one (1) pole tag. If multiple pole tags are grouped together, in the same member agency, a lower price could be provided.

Each $92.00
6 House side shield
installation
This includes the costs associated with the installation of a house side shield on an existing LED fixture, excluding the cost of the actual shield. Material will be charged at Each $67.00
319

31 cost plus the markup listed below.
7 Knockdown pole
replacement No
foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does not require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture.

The City understands that there will be considerable var iation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response.

Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.

Each $5,190.00
8 Knockdown pole
replacement with
foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture.

The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response.

Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.

Each $7,920.00
9 Pull box lid replacement This includes the cost of labor, materials and equipment to purchase, supply and replace a pull box lid with a fiberlyte lid due to damage or missing lid.

Each $220.00
10 Pole graffiti abatement This includes the estimated cost per pole to remove or cover reported graffiti. Costs include labor, equipment and materials needed to complete each individua l abatement assuming time required to abate graffiti is less than 30 minutes. Work limited to under 4SF and/or lower than 7ft.

Each $87.00
11 Overhead wiring
replacement
Total cost to repair or replace damaged overhead wiring. Cost provided per foot of wire being replaced. Costs include labor, equipment and materials to complete the repair during normal working hours. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process.

Per Foot $17.00
12 Pole painting This includes the costs on a per occurrence (per pole) basis for all labor, equipment and materials needed to prep and paint a standard metal street light pole (assume 30 foot). It is assumed that 10 poles would be scheduled for painting as a group, annually Each $700.00
13 USA Dig Alert Yunex LLC typically prices this service out on a per occurrence basis. This includes the following: Our technician identifies the point of demarcation on site using field equipment. This is typically limited to approximately 100 -150 linear ft per call out.

Each $245.00
Labor Rates
Item
#
Item Description Unit Quantity Regular Time Overtime Premium Time 14 Superintendent HR 1 $98.00 N/A N/A
15 Foreman HR 1 $137.00 $172.00 $207.00
16 Electrician HR 1 $130.00 $162.00 $193.00
17 Laborer HR 1 $110.00 $159.00 $159.00

Regular, Overtime, and Premium time explanation:

 Regular Hours are Monday through Friday (excluding holidays) from 7:30am to 4:00pm.  Overtime Hours are Monday through Friday after these work hours for the first four straight hours on any job as well as Saturday for the initial 8 working hours.  Premium Hours are Monday through Friday after four hours of OT on any one job, Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday at 7:30am and all holidays starting at 12:00am until the next morning at 7:30am.

Equipment Rates
Item # Item Description Unit Quantity Unit Price
18 Service Truck HR 1 $30.00
19 Bucket Truck HR 1 $30.00
20 Crane Truck HR 1 $55.00

Material Markup
Item # Item Description Unit %
21 Material Markup % 15%

Yunex LLC requests the option to re-evaluate contract pricing using the US Consumer Price Index to calculate annual escalations.
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APPENDIX 6

CITY OF MURRIETA

This Appendix 6 to Agreement (“Appendix”) by and between WRCOG, Consultant, and CITY OF MURRIETA ("Member Agency") is made and entered into this _____day of ______________ 2023. WRCOG, Consultant, and Member Agency are referred to herein as Parties.

1. Defined Terms. All terms used herein have the meanings ascribed to them in the Professional Services Agreement between WRCOG and Consultant dated October 2, 2023, with the exception of the term Member Agency, which for the purposes of this Appendix will refer to the City of Murrieta only.

2. Agreement Incorporated. The terms and provisions of the Ag reement are hereby incorporated into this Appendix.

3. Member Agency Exhibits. The Parties hereby agree that the Scope of Services and Compensation for the Project as it relates to Member Agency are defined specifically in Exhibits A and B, attached hereto and incorporated herein by this reference.

WESTERN RIVERSIDE COUNCIL Yunex, LLC

OF GOVERNMENTS

By: ________________________________ By: _________________________ Dr. Kurt Wilson
Executive Director Title: _________________________

APPROVED AS TO FORM: ATTEST:

By: ________________________________ By: _________________________

General Counsel Its: _________________________
Best Best & Krieger LLP

CITY OF MURRIETA

By: _____________________________
Kim Summers, City Manager

APPROVED AS TO FORM

By: _____________________________
Tiffany Israel, City Attorney

ATTEST:

By: _____________________________
Cristal McDonald, City Clerk
321
-2-
Exhibit “A”
EXHIBIT “A”

SCOPE OF SERVICES

Understanding of the Project

It is our understanding that WRCOG is seeking a qualified firm to provide Streetlight Operation & Maintenance Services. The selected service company will be responsible for providing a continuing, comprehensive, response program for the Member Agency
streetlights. The Member Agencies expectation is that the contractor will help reduce complaints, promote safety, and proactively extend the longevity of the Member Agencies streetlight equipment, thus reducing the overall operating cost.

We understand that the general Scope of Work to be done consists of scheduled and unscheduled repairs to the Member Agencies streetlight systems. Yunex Traffic will have available and readily accessible, qualified personnel, tools, equipment, facilities, and material required to perform all work necessary for the maintenance of WRCOG’s streetlight systems, as outlined in the Scope of Work and in compliance with current Member Agency and State standards.

Approach / Response Times
To be able to respond immediately to emergency calls, Yunex Traffic’s field technicians are authorized to take their work vehicles home daily. All work vehicles are stocked with proper field equipment so he/she may sufficiently address most problems they encounter while responding.

Emergency response call outs and unscheduled repairs are initiated by calling our toll-free emergency phone number, 1-800-229-6090. A live dispatcher will be available 24 hours a day, 7 days per week, 365 days per year. Our dispatcher will create a work order in our visual planning board and once the work order is released, it will immediately transfer to our technician’s queue on their mobile device. As part of our quality control practice, our dispatcher will follow up with a phone call to our technician to confirm that they are in receipt of the call out/work order. For emergency calls, the technician will arrive at the site within one (1) hour to assess and correct the reported problem. Once the problem is corrected, the technician will inform our WRCOG representative of the repair actions.

Scope of Work
It is always the goal of Yunex Traffic to tailor our services around our customer’s needs. We understand that throughout the term of a contract, those needs may change. We approach all our contracts with the same vision; build a partnership with WRCOG staff and work towards achieving common goals set forth through that partnership. We realize that this is an ever- evolving process and that is why we believe that the only successful route is through establishing common goals. This methodology and a commitment to service will be applied to every aspect of our services for WRCOG.

Yunex Traffic will be available to provide emergency/non-emergency streetlight related issues such as downed streetlight poles, luminaires/photocontrols not functioning, wiring issues, and other operational equipment related issues.

Yunex Traffic will perform the following tasks and activities as it relates to the maintenance of the streetlight system (36,231poles & 36,554 luminaires):
322
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Exhibit “A”

Customer Service – Provide and administer a customer service center including, at a minimum, a toll-free phone number and website to allow WRCOG and the public to report any streetlight issues (e.g., outages, knockdowns, etc.). Separately, provide a maintenance website for WRCOG staff to access. This will provide WRCOG an up-to-date summary of current and completed tasks. Yunex will use and provide an Online Maintenance System with free access to designated WRCOG staff members. The entire online system will be a real-time system. System functionality will include but not be limited to the following items:

• Work order tracking
• Work order status updates
• Asset and equipment management
• Maintenance requests
• Maintenance checklists that are maintained and updated regularly

GIS Update - Update WRCOG’s GIS mapping system when new poles are replaced or added to the streetlight system.

Reports - Monthly and quarterly streetlight system reviews and reports, including outage/failure rate, knockdowns, and suggested repairs.

Meetings – Coordinate and attend regular meetings to review outstanding issues and work orders, including discussion of any billing or contract management issues.

Coordination with Outside Entities – Coordinate
electrical service repairs/restoration with SCE as well as coordinate with W RCOG Staff, residents, and
businesses, as-needed, for difficult to access lights.

Traffic Control – Employees are trained and certified in temporary traffic control measures, which are compliant with the California Manual of Uniform Traffic Control
Devices (CA MUTCD).

Warranty Claims – Administer services for all warranty
claims on behalf of the Member Agency for any
luminaires, photocells, or similar streetlight equipment (smart nodes, detection devices, etc.)

Streetlight Pole Knockdowns – Respond to all calls of
poles that have been knocked down, implement traffic
control, confirm electrical lines are made safe, cut downed pole/luminaire arm, remove from location, and clean up all debris.

Streetlight Pole Replacement - Replacement poles will be replaced within 14 business days of reporting.

Quarterly Streetlight System Reviews (Night Inspection) – Nighttime lighting surveys will be conducted of all Member Agency owned streetlights to identify any streetlights that are non-functioning. Upon completion of such nighttime survey, Yunex will provide a report to the Member Agency of all system activity, condition, issues found, and planned or completed repairs. The report will include the nearest street address and po le number.

Nighttime Lighting Surveys will be completed quarterly.

Annual Painting of Metal Poles – Provide metal pole painting 323
-4-
Exhibit “A”
based upon Member Agency approval.

LED Replacement – Replacement of LED streetlights that
have been inoperative by virtue of failure. Replacement will occur within three (3) business days from notification of Yunex by Member Agency. If the cause of failure is covered under manufacture warranty, Yunex will be responsible for warranty management of defective LED fixtures which includes all aspects related to standard warranty practices. Yunex will notify the Member Agency of any undue de lays in response due to the manufacturer.

LED Retrofit & Pole Tagging – Provide LED retrofit and/or pole identification tag installation services for cob ra head and/or decorative streetlights.

Removal and Disposal – Provide removal and disposal services of all damaged/discarded materials. Disposal services will follow the California Recycle and Disposal Laws.

Furnish and Install House-Side Shields – Provide and install house-side shields when requested to do so by any Member Agency.

Provide a Storage Facility – Yunex’s local storage facility is conveniently located in the City of Riverside, which is within minutes of each Member Agency. We have been utilizing this location to service this contract since being awarded this contract.

Compliance with all Laws – Yunex is familiar with all federal, state, and local laws and regulations regarding the Scope of Work, and follows wage and labor laws, OSHA requirements, and appropriate safety measures.

Troubleshooting – Diagnose and repair any Member Agency owned inoperable streetlights. Repairs will be completed within three (3) working days or less.

Spare Inventory – Yunex will warehouse sufficient spare inventories such as poles, luminaires, ballasts, photocells, nodes, fuse holders, fuses, wire, pull box lids, hand hole covers, electrical services, pole identification tags, and other electrical components.

Extraordinary, Emergency, and After-hours
Maintenance - For streetlight maintenance issues
that fall outside of the standard maintenance scope
above, Yunex will provide services billed on a time
& materials basis. Example of Extraordinary,
Emergency, and After-hours Maintenance includes
the following: traffic accidents, tree fall or power
surges that may occur, resulting in the streetlights
being damaged and needing to be replaced, though
the frequency may vary considerably. All
Extraordinary, Emergency, and After-hours
Maintenance work must be preapproved by the
Member Agency prior to the work being completed.

The following items have specifically been identified as, but are not limited to, Emergency and after-hours maintenance:
o Emergency response - 24 hours and day 7 days a week
o Streetlight pole knockdown response
o Damaged/leaning poles
324
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Exhibit “A”
o Luminaire repairs or replacement
o Photocell replacement
o Fuse and/or fuse holder replacement
o False calls
o Wiring replacement
o Pole graffiti abatement
o Pole painting
o House side shield purchase and installation
Additional offerings available to WRCOG:

USA Dig Alert Services
Yunex Traffic will respond to all Underground Service Alert (USA) requests/notices or at the request of Member Agency staff for the marking and protection of streetlight underground facilities such as electrical con duits, safety light conduits, and other appurtenant equipment which might conflict with other right-of-way construction or repairs.

Our own in-house technicians are equipped and certified with the proper locating devices provided by Metrotech.

325
-6-
Exhibit “A”

On-Line Portal (Service Business Platform @ITS)
Yunex Traffic has rolled out a new service tool called SBP (Service Business Platform), which is a proprietary management system designed to effectively manage all service order progress, remotely update our ERP system (SAP) and as work is performed.

SBP allows us to monitor many key performance items such as time arrived onsite, time of completion, materials used, and vehicle/equipment used.

SBP keeps historical records for every location which allows the technicians an additional resource when troubleshooting.

When creating a new service request, the SBP will query the location history and will flag the order if it is a repeated call out or duplicate order.

Technicians transmit response and routine maintenance items in real-time using IOS or Android devices.

The contractual Scope of Work and all maintenance activities are also available for technicians to review to ensure all tasks are completed within the specified timeframe.

Customer specific checklists for routine preventative maintenance will be available to the technicians so all required tasks are completed, per your Scope of Work.

326
-7-
Exhibit “A”

Customer Portal
The SBP Customer Portal gives our customers access to:

Monitor real-time status of routine maintenance and service calls Location history (sort/filter by date, location, call type, etc.) Overall historical maintenance and repair data
Real-time equipment inventories, maps, and event reporting Asset management (including digital photographs, GIS data, etc.)

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Exhibit “A”

Tracking as Related to Invoicing
In addition to our Customer Portal, you will receive a detailed billing report with each invoice that lists labor and equipment hours billed for each service order.

328

-9-
Exhibit “B”
EXHIBIT “B”

COMPENSATION

BILLING RATES

Item Description Unit of
Measure
Unit Cost
Monthly Maintenance
1 LED Fixture
Maintenance Cobra
head
This includes the cost for all regular maintenance and associated tasks to maintain the cobrahead fixtures in the streetlight system as identified in section 13.1 of the RFP. This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance section. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for LED streetlight fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, althou gh the cost of the fixture will be charged under Material Markup (Cost + 15%). b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 35,832 streetlights belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.

Per Light
/ Per
Month
$0.70
2 LED Fixture
Maintenance Decorative
This includes the cost for all regular maintenance and associated tasks to maintain the decorative fixtures in the streetlight system as identified in section 13.1 of the RFP. This fee is expected to be all inclusive, with the sole exceptions being those items identified in the extraordinary maintenance sectio n. This bid item shall include:
a) Fixture Replacement: Facilitate the entire RMA (return merchandise authorization) process for Decorative LED fixtures that have failed and still covered under the original manufacturer's warranty. This includes the cost to remove, complete the RMA process, and reinstall the fixture (regardless of it being fixed/replaced). Fixtures that are damaged by acts of nature (i.e., lightning strikes, etc.) will be replaced, although the cost of the fixture will be charged under Material Markup (Cost + 15%). b) Long-Life Photocells: Removal & Replacement of a failed photocells. c) Fuses: Replacement of failed fuses.
d) Fuse Holders: Replacement of failed fuse holders.
e) Hand Hole Covers: Replacement of missing hand hole covers (i.e., due to theft).
f) Troubleshooting: Respond to reports of a failed streetlight by city staff or residents. Our technician will spend up to 2 hours of time troubleshooting the streetlight to find what the issue might be (fixture, photocell, fuses, fuse holder, wiring issue, etc.). Troubleshooting which exceeds 2 hours, will be billed under Time and Material (Labor Rates, Equipment Rates, and Material Markup).
g) Night Survey: Perform a quarterly night drive inspection of all 399 decorative fixtures belonging to WRCOG agencies. Prepare a report of outages that will be followed up by our technicians.

Per Light
/ Per
Month
$2.15
Extraordinary Maintenance (Reference pricing Only - this scope will be quoted on time and material basis) 3 LED Replacement
Cobra head
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing existing cobrahead fixtures with a new LED fixture, disposal and updating of WRCOG database with model number installed and installation date.

The replacement fixture cost is not included and will be charged at material cost plus the markup listed below.

Each $80.00
4 LED Replacement
Decorative
This includes the costs for labor and equipment (trucks, lifts, tools, traffic control, etc.) for replacing existing decorative fixtures with a new LED fixture, disposal and updating of WRCOG database with model number installed and installation date.

The replacement fixture cost is not included and will be charged at material cost plus the markup listed below.

Each $160.00
5 Street light pole ID tag This includes the labor for installation of a unique pole ID tag for each pole. Pole tags will be affixed to poles with an adhesive, no riveting or drilling will be performed. This price is based on installing one (1) pole tag. If multiple pole tags are grouped together, in the same member agency, a lower price could be provided.

Each $92.00
6 House side shield
installation
This includes the costs associated with the installation of a house side shield on an existing LED fixture, excluding the cost of the actual shield. Material will be charged at cost plus the markup listed below.

Each $67.00
329

-10-
Exhibit “B”
7 Knockdown pole
replacement No
foundation
This includes the costs associated with the replacement of an entire stree t light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does not require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initia l emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.

Each $5,190.00
8 Knockdown pole
replacement with
foundation
This includes the costs associated with the replacement of an entire street light pole, luminaire arm, fixture and wiring typically associated with a street light knockdown that does require replacement of the foundation. This is based on the following assumptions: a 28 foot, marbelite pole with a standard 87 watt LED cobra head fixture. The City understands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process. These repairs will not be completed as part of an initial emergency response. Costs are based on a single replacement with work completed during normal work hours scheduled within the requested repair interval.

Each $7,920.00
9 Pull box lid replacement This includes the cost of labor, materials and equipment to purchase, supply and replace a pull box lid with a fiberlyte lid due to damage or missing lid.

Each $220.00
10 Pole graffiti abatement This includes the estimated cost per pole to remove or cove r reported graffiti. Costs include labor, equipment and materials needed to complete each individual abatement assuming time required to abate graffiti is less than 30 minutes. Work limited to under 4SF and/or lower than 7ft.

Each $87.00
11 Overhead wiring
replacement
Total cost to repair or replace damaged overhead wiring. Cost provided per foot of wire being replaced. Costs include labor, equipment and materials to complete the repair during normal working hours. The City unde rstands that there will be considerable variation in costs for these repairs under the contract and anticipates work being authorized individually through a quote process.

Per Foot $17.00
12 Pole painting This includes the costs on a per occurrence (per pole) basis for all labor, equipment and materials needed to prep and paint a standard metal street light pole (assume 30 foot). It is assumed that 10 poles would be scheduled for painting as a group, annually
Each $700.00
13 USA Dig Alert Yunex LLC typically prices this service out on a per occurrence basis. This includes the following: Our technician identifies the point of demarcation on site using field equipment. This is typically limited to approximately 100-150 linear ft per call out.

Each $245.00
Labor Rates
Item
#
Item Description Unit Quantity Regular Time Overtime Premium Time 14 Superintendent HR 1 $98.00 N/A N/A
15 Foreman HR 1 $137.00 $172.00 $207.00
16 Electrician HR 1 $130.00 $162.00 $193.00
17 Laborer HR 1 $110.00 $159.00 $159.00

Regular, Overtime, and Premium time explanation:

 Regular Hours are Monday through Friday (excluding holidays) from 7:30am to 4:00pm.  Overtime Hours are Monday through Friday after these work hours for the first four straight hours on any job as well as Saturday for the initial 8 working hours.  Premium Hours are Monday through Friday after four hours of OT on a ny one job, Saturdays after 8 hours on any one job, all day Sunday starting at 12:00am until Monday at 7:30am and all holidays starting at 12:00am until the next morning at 7:30am.

Equipment Rates
Item # Item Description Unit Quantity Unit Price
18 Service Truck HR 1 $30.00
19 Bucket Truck HR 1 $30.00
20 Crane Truck HR 1 $55.00

Material Markup
Item # Item Description Unit %
21 Material Markup % 15%

Yunex LLC requests the option to re-evaluate contract pricing using the US Consumer Price Index to calculate annual escalations.
330

20323.00024\30695899.1 1

IMPLEMENTATION AGREEMENT BETWEEN THE WESTERN

RIVERSIDE COUNCIL OF GOVERNMENTS AND THE CITY OF

MURRIETA TO IMPLEMENT THE MAINTENANCE AND REPAIR

PROGRAM FOR STREETLIGHTS

This Implementation Agreement (“Agreement”) is entered into as of April 1, 2018 (“Effective Date”) by and between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”), a joint powers authority formed under Government Code sections 6500 et seq., and the City of Murrieta (“Member Agency”), a public agency formed under the laws of the State of California. WRCOG and the Member Agency are sometimes collectively referred to in this Agreement as the “Parties” or individually as a “Party.”

RECITALS
WHEREAS, va rious cities within Riverside County and the County of Riverside entered into a Joint Powers Agreement on April 1, 1991, as amended from time to time, to create WRCOG (the “JPA”); and
WHEREAS, Member Agency is a signatory to the JPA; and
WHEREAS, Article VIII of the JPA permits any WRCOG member agency, when authorized by the Executive Committee, to execute an Implementation Agreement for the purpose of authorizing WRCOG to implement, manage and administer area -wide and regional programs in the interest of the local public welfare; and
WHEREAS, the JPA permits WRCOG, when authorized by an Implementation Agreement, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such agreement; and
WHEREAS, over the course of 2016 and 2017, WRCOG negotiated a template purchase and sale agreement, and other associated agreements, with Southern California Edison (“SCE”) to permit WRCOG’s member agencies to acquire streetlights from SCE; and WHEREAS, the Member Agency desires to acquire such streetlights from SCE and retrofit such lights with certain energy efficiency improvements; and WHEREAS, the Member Agency intends to enter into that Equipment Lease/Purchase Agreement dated April 10 , 2018 (as amended, the “Lease Agreement”) with Banc of America Leasing & Capital, LLC (together with its successors and assigns, “BALCAP”) in order to finance the acquisition, installation and retrofitting of streetlights within its jurisdiction; and WHEREAS, as a condition of such Lease Agreement, the Member Agency must properly maintain, repair and replace such streetlights during the term of the Lease Agreement; and WHEREAS, WRCOG and Member Agency believe that economies of scale can be achieved if maintenance, repair, retrofitting and replacement services of streetlights were provided 331

20323.00024\30695899.1 2
to several of WRCOG’s member agencies under one or more agreements which would be administered by WRCOG; and
WHEREAS, WRCOG member agencies have the common power to enter into an agreement for the maintenance, repair, retrofitting and replacement of streetlights in their jurisdictions and administer such agreement; and
WHEREAS, WRCOG and the Member Agency desire to enter into this Agreement in order to authorize WRCOG to enter into one or more agreements with third party providers for the provision of maintenance, repair, retrofitting and replacement services of streetlights on behalf of Member Agency within the Member Agency’s jurisdiction and administer such agreements ; and

WHEREAS, the Executive Committee of WRCOG and the City Council of the Member Agency have each authorized WRCOG and the City Council, respectively, to enter into this Agreement; and

WHEREAS, WRCOG, the Member Agency, Wilmington Trust, National Association, a national banking association (together with any successor paying agent, the “Paying Agent”) , and BALCAP will enter into a Paying Agent Agreement dated April 10, 2018 (as in order to facilitate the orderly distribution of payments required under this Implementation Agreement and the Lease Agreement (as amended, “Paying Agent Agreement”); and

WHEREAS, the Member Agency, Wilmington Trust, National Association, a national banking association, as escrow agent, and BALCAP will enter into an Escrow and Account Control Agreement to fulfill the deposit requirements under the Lease Agreement (as amended, “Escrow Agreement”).

NOW, THEREFORE, the Parties hereby understand and agree as follows:

AGREEMENT

1. Maintenance, Repair, and Access

1.1 WRCOG shall enter into an agreement (the “Professional Services Agreement”) for the provision of retrofitting services and regular maintenance and repair service s for those streetlights listed in Exhibit A (the “Services”), attached hereto and incorporated herein located in Member Agency’s jurisdiction. Maintenance and repair activities shall consist of repair of electrical wiring and light fixtures, replacement of burned -out lamps, repair and replacement of damaged equipment caused by auto accidents and vandalism, and marking the location of underground electrical conduits for the Dig Alert: Underground Service Alert program, as needed. So long as the Lease Agreement is in effect and not later than three months prior to the termination of any such Professional Services Agreement, WRCOG shall either: (a) renew the Professional Services Agreement; or (b) enter into a Professional Services Agreement with a new vendor.

1.2 In addition, WRCOG shall enter into an agreement (the “Equipment Purchase Agreement”) for the purchase of all equipment associated with the Services. 332

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1.3 In addition to the Services, WRCOG shall enter into a future agreement (the “Re - lamping Services Agr eement”) to provide capital replacement services for such streetlighting, otherwise known as “Re -lamping Services.” Re -lamping Services may be provided under the Professional Services Agreement, through amendment to the Professional Services Agreement, or through a separate agreement.

1.4 WRCOG shall cause the Services to be performed to conduct activities on an as required basis. Non- emergency and emergency maintenance may be performed at Member Agency’s request, but will be subject to the provisions of Section 4 of this Agreement.

1.5 WRCOG shall provide streetlight system reviews and reports including a summary of system activities on an annual basis.

1.6 In order for the contractors to perform the Services and Re -lamping Services, Member Agency hereby grants to WRCOG a no-cost license and right to access the streetlights and adjacent Member Agency properties and rights -of-way for the sole purpose of performing the services under this Agreement. This license and right -of-access shall run concurrently with the Agreement. Notwithstanding the foregoing, WRCOG will require its contractors performing the Services and Re -lamping Services to follow each Member Agency’s encroachment and right -of- way access procedures. In complying with these procedures, Member Agency shall not charge the contractors a fee and will not unreasonably delay or deny the contractors access to the streetlights and adjacent Member Agency properties and rights-of-way.

1.7 Member Agency understands and agrees that WRCOG intends to retain one or more contractor (or contractors) for the performance of the Services and the Re -lamping Services.

WRCOG shall take all necessary steps to ensure Member Agency holds the right to enforce the terms of WRCOG’s agreement with said contractor (or contractors) as it pertains to the Services and the Re-lamping Services rendered in Member Agency’s jurisdiction. In retaining said contractor(s), WRCOG shall comply with all applicable laws, including any applicable public bidding requirements.

2. Member Agency Payments
The Member Agency shall make all payments in the amounts and at the times as required in the Paying Agent Agreement. Payments shall be made by the Member Agency to the fund established under the Paying Agent Agreement entitled “City of Murrieta Equipment Lease/Purchase Agreement, Account No. ___” (the “Collection Fund”) by wire transfer as follows: