Murrieta City Council
April 2, 2024

CITY OF MURRIETA

GENERAL OPERATING ACCOUNT
1 TOWN SQ
MURRIETA CA 92562-7922
Account Number - DDA

FUND SUMMARY
Dividends Earned YTD 879,546.99
Federal Withholding YTD .00
7-Day Simple Yield 6.73549 %
Federal Withholding .00
Beginning Balance 111,260,489.78
Shares Purchased 8,262,422.08 +
Shares Redeemed 10,334,086.29 -
Ending Balance 109,188,825.57
Prior Month Dividends Paid to Checking 426,250.58
Dividends Earned in Current Month 453,296.41
Funds Pending Investment 119,665.64
156

STAGECOACH SWEEP
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 02-08 109,900,483.73 5.245 % .000143719 15,794.79
02-09 109,829,503.60 5.246 % .000143739 15,786.78
02-10* 109,469,021.70 5.246 % .000143739 15,734.97
02-11* 109,469,021.70 5.246 % .000143739 15,734.97
02-12 109,469,021.70 5.218 % .000142982 15,652.10
02-13 109,626,188.79 5.237 % .000143494 15,730.70
02-14 109,951,236.86 5.252 % .000143895 15,821.43
02-15 109,785,393.75 5.246 % .000143731 15,779.56
02-16 109,478,171.43 5.247 % .000143758 15,738.36
02-17* 109,420,528.27 5.247 % .000143758 15,730.08
02-18* 109,420,528.27 5.247 % .000143758 15,730.08
02-19* 109,420,528.27 5.247 % .000143758 15,730.08
02-20 109,420,528.27 5.229 % .000143284 15,678.21
02-21 107,667,600.04 5.240 % .000143577 15,458.59
02-22 102,433,353.42 5.240 % .000143588 14,708.20
02-23 102,724,627.11 5.236 % .000143460 14,736.88
02-24* 102,724,627.11 5.236 % .000143460 14,736.88
02-25* 102,724,627.11 5.236 % .000143460 14,736.88
02-26 103,617,565.15 5.236 % .000143465 14,865.49
02-27 109,288,064.20 5.246 % .000143741 15,709.18
02-28 109,270,855.84 5.245 % .000143711 15,703.42
02-29 109,188,825.57 5.251 % .000143881 15,710.20
TOTAL MTD 453,296.44
* Indicates non-business day
THANK YOU FOR BANKING WITH WELLS FARGO.

MONEY MARKET MUTUAL FUNDS (EACH, A "MMMF") ARE NOT FDIC INSURED, HAVE NO BANK GUARANTY AND MAY LOSE VALUE.

An Investment in a MMMF is not insured by the Federal Deposit Insurance Corporation or any other government agency. Although the MMMF's seek to preserve the value of customer's investment at $1.00 per share, it is possible to lose money by investing in a MMMF.

Allspring Funds Management, LLC, a wholly owned subsidiary of Allspring Global Investments Holdings, LLC ("Allspring Global"), provides investment advisory and administrative services for the Allspring Funds?. Other subsidiaries of Allspring Global provide sub-advisory and other services for the funds. The funds are distributed by Allspring Funds Distributor, LLC, Member FINRA/SIPC, a subsidiary of Allspring Global.

This material must be accompanied or preceded by a current prospectus for name of the Fund(s) selected. Please read the prospectus carefully before investing.
02/01/2024 - 02/29/2024

Account Number - DDA
157

CITY OF MURRIETA
City Council Meeting Agenda
Report
4/2/2024
Agenda Item No. 5.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Administrative Services Department Director PREPARED BY: Diane Kohanyi, Management Analyst
SUBJECT:

Agreement with Blue Violet Networks for Telephone Support Services

RECOMMENDATION
Approve a three-year agreement with Blue Violet Networks for Managed Services Support of the City’sMitel Telephone Systems in the amount of $56,278.80; and
Authorize the City Manager to execute the agreement and related documents.

PRIOR ACTION/VOTE
On October 21, 2014, the City Council adopted Resolution No. 14-3308, approving an agreement with Blue Violet Networks for the purchase and implementation services of a new citywide telecommunication system (Vote: 4-0).

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

BACKGROUND
Since 2014, the City of Murrieta has had an ongoing agreement with Blue Violet Networks to support and maintain the City’sMitel-branded telephone system. The current agreement with Blue Violet Networks ends on March 31, 2024.

In anticipation of the contract expiring, the City solicited three informal quotes for telephone support services, and Blue Violet Networks offered the lowest-cost service. Staff recommends entering into an agreement (Attachment 1) with Blue Violet Networks for a period of three years, from March 31, 2024, to March 31, 2027.

The coverage includes support and maintenance of the telephone system at all facilities, including City Hall, Library, Police Department, and the Fire stations.

FISCAL IMPACT
The total cost related to this agreement is $56,278.80 for three years. The Technology Services adopted CITY OF MURRIETA Printed on 3/29/2024Page 1 of 2
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4/2/2024
Agenda Item No. 5.

The total cost related to this agreement is $56,278.80 for three years. The Technology Services adopted budget for Fiscal Year 2023/24 is $26,400 and $29,040 for Fiscal Year 2024/25. The budget for the third year of the agreement will be included in a future biennial budget.

ATTACHMENTS

1. Agreement with Blue Violet Networks
CITY OF MURRIETA Printed on 3/29/2024Page 2 of 2
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159
Consultant Agreement
Murrieta Form 04/10

AGREEMENT BETWEEN THE CITY OF MURRIETA
AND

BLUE VIOLET NETWORKS

This Agreement (“Agreement”), made this 2nd day of April 2024, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and Blue Violet Network s, a California limited liability company (“CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS

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

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

C. CITY desires or is in need of equipment and services related to the support for the City VOIP phone system.

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

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

AGREEMENT

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

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

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

1.2 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in e ntering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform 160
2 in accordance with those representations and standards.

2. ADMINISTRATION OF AGREEMENT

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

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

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

For CITY: John Borger
Information Technology Manager
Address: City of Murrieta
One Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Phone: (951) 461-6066

For CONSULTANT: Blue Violet Networks

CONSULTANT: David Kim
Address: 17815 Newhope St. Suite M.

Fountain Valley, CA 92708
Phone: 714-754-4000

3. TERM

3.1 The term of this Agreement shall be from March 31st, 2024 to March 31st, 2027.

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

4. PAYMENT TO CONSULTANT

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the C ITY as set forth in Section 1, the CITY agrees to pay CONSULTANT the sum of fifty-six thousand and two hundred seventy-eight dollars and eighty cents ($56,278.80) in accordance with the schedules set forth in Exhibit “A”

4.2 Additional Services . If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the C ITY may modify or alter the proposal, or may reject the propos al in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected.

Upon the written approval of any Additional Services including costs by CONSULTANT and 161
3 CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing . All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

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

5. STATUS OF CONSULTANT

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

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

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

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to the provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman nee ded to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws. 162
4 Pursuant to the provisi ons of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub-consultant under him, in violation of the provisions of this Agreement.

6. INSURANCE

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

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

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

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

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

6.2 Insurer Requirements . All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” 163
5 or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.

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

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

Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.

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

7. AUDIT AND INSPECTION OF RECORDS

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

8. CONFIDENTIALITY AND USE OF INFORMATION

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

164
6 8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals th at are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.

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

9. NOTICE

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

10. TERMINATION FOR CAUSE

10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency. Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effect ive date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.

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

11. TERMINATION FOR CONVENIENCE OF CITY

165
7 11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.

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

12. PERFORMANCE AFTER TERMINATION

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

13. DEFENSE AND INDEMNIFICATION

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

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

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

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

14. CONFLICT OF INTEREST

166
8 14.1 CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.

14.2 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT. If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.

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

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

15. ASSIGNMENT

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

16. SURVIVAL

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

17. COMPLIANCE WITH APPLICABLE LAWS

CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this 167
9 Agreement or arising out of the performance of such activities.

18. PERMITS/LICENSES

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

19. NONDISCRIMINATION IN EMPLOYMENT

CONSULTANT agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other c lassification prohibited by state or federal law. If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement , upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti -discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Dep artment of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti -discrimination laws relative to this Agreement shall constitute a f inding by CITY that CONSULTANT has violated the anti -discrimination provisions of this Agreement.

20. NON-WAIVER

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

21. SEVERABILITY

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

22. DISPUTES

In the eve nt that any action is brought by either party to construe this Agreement or enforce any of its terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred, whether or not the matter proceeds to judgment.

23. REMEDIES

168
10 The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.

24. ENTIRE AGREEMENT/AMENDMENT

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

25. GOVERNING LAW/VENUE

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

26. BINDING AGREEMENT

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

27. NUMBER

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

28. WARRANTY OF AUTHORITY

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

29. COUNTERPARTS

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

169
11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF MURRIETA Blue Violet Networks____________
Name of Consultant
_____________________________
Kim Summers, City Manager David Kim_____________________ Name/title of signatory [please print]

_____________________________
Signature

Attest:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk
_____________________________
Signature

Approved as to Form:

_____________________________
Tiffany Israel, City Attorney

170
12 EXHIBIT A

Scope of Services

171
13 172
14 173
15 174
16 175
17 176
18 177
19 178
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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/2/2024
Agenda Item No. 6.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Diego Chavez, Administrative Services Director
PREPARED BY: Diane Kohanyi, Management Analyst
SUBJECT:

Agreement Renewal with Brightly Software, Inc. for Computerized Maintenance Management Software

RECOMMENDATION
Authorize an agreement renewal with Brightly Software, Inc. (formerly Dude Solutions, Inc.) for Computerized Maintenance Management Software in the amount of $44,491.56 for Fiscal Year 2024/25; Authorize the City Manager to execute all necessary documents for services for an additional two fiscal years, 2025/26 and 2026/27; and
Authorize using the Sourcewell Cooperative Contract 090320-SDI to procure the services from Brightly Software, Inc.

PRIOR ACTION/VOTE
On August 20, 2019, the City Council adopted Resolution No. 19-4143, entering into agreements with Dude Solutions, Inc. and its affiliate, Smartware Group, Inc., for computerized maintenance management software and a facility and parks condition assessment (Vote: 4-0-1).

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

BACKGROUND
Since 2019, the City of Murrieta (City) Public Works and Engineering Department has used a comprehensive Computerized Maintenance Management System (CMMS) provided by Dude Solutions, Inc. (Attachment 1).

On March 8, 2022, Dude Solutions, Inc. changed its name to Brightly Software, Inc. and provided the City of Murrieta with a certified certificate of amendment regarding the name change.

The CMMS combines several functions into one platform, including asset inventory, geographic information system integration to track asset locations, vendor management, work order management, maintenance scheduling, long-term capital forecasting, and a reporting module. The Public Works and Engineering CITY OF MURRIETA Printed on 3/29/2024Page 1 of 2
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Agenda Item No. 6.
scheduling, long-term capital forecasting, and a reporting module. The Public Works and Engineering Department has leveraged the CMMS to manage the maintenance of a wide variety of City assets, including park equipment, restrooms, streetlights, traffic signals, street signage, facilities, facility fixtures, electrical, and HVAC systems.

The current service agreement for the CMMS is scheduled to end on June 30, 2024. Staff recommends renewing the Brightly Software, Inc. subscription for another 12 months, from July 1, 2024, to June 30, 2025.

The annual renewal amount is $44,491.56 (Attachment 2).

Section 3.08.295 of the Municipal Code authorizes the City to join with other public and quasi-public agencies in a cooperative purchasing program for the purchase of supplies, services, and/or equipment from a vendor at a price established by another public agency when the other public agency has made its purchase in a competitive manner. Brightly Software, Inc. has been awarded contract 0900320-SDI (Attachment 3) through a competitive bidding process by Sourcewell, a cooperative purchasing program. Sourcewell’s cooperative contract is available and open to public and nonprofit entities, including the City. Taking advantage of this cooperative contract will save time, be more efficient, and will allow the City to benefit from the Sourcewell pricing.

This report requests the City Council to authorize the City Manager to enter into an Order for Services for two additional years (Fiscal Year 2025/26 and 2026/27). Budget for the two subsequent fiscal years will be included in a future biennial budget.

FISCAL IMPACT
Funding in the amount of $44,491.56 is available in FY 2024/25 Information Technology Division operating Budget Account 7268340-62160.

ATTACHMENTS

1. 2019 Agreement with Dude Solution, Inc.

2. Order for Services

3. Sourcewell Cooperative Contract 090320-SDI
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PREPARED FOR
City Of Murrieta ("Subscriber")

PREPARED BY
Brightly Software Inc ("Company")
11000 Regency Parkway, Suite 300
Cary, NC 27518
Dude Solutions is now Brightly. Same world-class software, new look and feel.

Meet Brightly at brightlysoftware.com

PUBLISHED ON
February 29, 2024
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Q-398342
February 29, 2024
City Of Murrieta
Thank you for your continued support of our market leading solutions for improving efficiency in operations.

We are excited about providing you with online tools that will help you save money, increase efficiency and improve services. Brightly Software, Inc. is dedicated to providing best in class solutions, including the following for City Of Murrieta.

Subscription Term: 12 months (07/01/2024 - 06/30/2025)
Cloud Services
Item Start Date End Date Investment
Asset Essentials 7/1/2024 6/30/2025 $14,766.64
Facilities/Physical
Plant Module
7/1/2024 6/30/2025 $6,562.29
Streets/Signs/
Sidewalks Module
7/1/2024 6/30/2025 $6,562.29
Asset Essentials
Inventory
7/1/2024 6/30/2025 $4,926.20
Asset Essentials
Capital Forecast
7/1/2024 6/30/2025 $11,674.14
Annual Renewal: $44,491.56 USD
*Your Sourcewell discount has been applied. # 00154151
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Order terms
• By accepting this Order, and notwithstanding anything to the contrary in any other purchasing agreement, Subscriber agrees to pay all relevant Subscription Fees for the full Subscription Term defined above.
• Payment terms: Net 30
• Billing frequency for Cloud Services will be Annual.
• The "Effective Date" of the Agreement between Subscriber and Company is the date Subscriber accepts this Order.
• This Order and its Offerings are governed by the terms of the Brightly Software, Inc. Master Subscription Agreement found at http://brightlysoftware.com/terms (http://brightlysoftware.com/ terms) ("Agreement"), unless Subscriber has a separate written agreement executed by Brightly Software, Inc. ("Company") for the Offerings, in which case the separate written agreement will govern.

Acceptance is expressly limited to the terms of the Agreement. No other terms and conditions will apply.

The terms of any purchase order or similar Subscriber document are excluded and such terms will not apply to the Order and will not supplement or modify the Agreement irrespective of any language to the contrary in such document.
• To the extent professional services are included in the Professional Services section of this Order, the Professional Services Addendum found at http://brightlysoftware.com/terms (http://brightlysoftware.com/terms) is expressly incorporated into the Agreement by reference. • During the Subscription Term, Company shall, as part of Subscriber's Subscription Fees, provide telephone and email support ("Support Services") during the hours of 8:00 AM and 6:00 PM EST, (8:00 am – 8:00 pm EST for Community Development Services) Monday through Friday ("Business Hours"), excluding Company Holidays.
• Company maintains the right to increase Subscription Fees within the Subscription Term by an amount not to exceed the greater of prices shown in the investment table or the applicable CPI and other applicable fees and charges every 12 months. Any additional or renewal Subscription Terms will be charged at the then-current rate.
• Acceptance of this Order on behalf of a company or legal entity represents that you have authority to bind such entity and its affiliates to the order, terms and conditions herein. If you do not have such authority, or you do not agree with the terms set forth herein, you must not accept this Order and may not use the Offerings.
• Proposal expires in sixty (60) days.
• Subscriber shall use reasonable efforts to obtain appropriation in the full amount required under this Order annually. If the Subscriber fails to appropriate funds sufficient to maintain the Offerings described in this Order, then the Subscriber may terminate the Offerings at no additional cost or penalty by giving prior written notice documenting such non-appropriation. Subscriber shall use reasonable efforts to provide at least thirty (30) days prior written notice of non-appropriation. Subscriber agrees non- appropriation is not a substitute for termination for convenience, and further agrees Offerings terminated for non-appropriation may not be replaced with functionally similar products or services prior to the expiration of the Services Term set forth in this Order. Subscriber will not be entitled to a refund or offset of previously paid, but unused Fees.

Additional information
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• Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Subscriber. This is not an invoice. For customers based in the United States, any applicable taxes will be determined based on the laws and regulations of the taxing authority(ies) governing the "Ship To" location provided by Subscriber. Tax exemption certifications can be sent to [email protected] (mailto:[email protected]). • Billing frequency other than annual is subject to additional processing fees. • Please reference Q-398342 on any applicable purchase order and email to [email protected] (mailto:[email protected]) • Brightly Software, Inc. can provide evidence of insurance upon request. 4 203

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Brightly’s Illuminate conference is a gathering of the brightest minds in operations and asset management, where you can connect with leaders in their field, exchange expertise, and uncover new opportunities to realize a brighter future
Illuminate is March 11th-14th in Raleigh, NC. Attendees are in for the best in-person conference yet, with more knowledge, training, and technology than ever before.

Enlighten Share your expertise and level up your knowledge with hands-on education and training you can bring back to your team.

Envision
Explore the brightest ideas and smartest solutions to elevate the work your organization is doing and realize your vision for the future.

Engage
Broaden your professional network by sharing wisdom with fellow operations and asset management leaders.

Admission for Illuminate is $995 for tuition only and $1995 for the “Brightly Bundle”. The Brightly Bundle includes meals, a 4-night hotel stay and tuition. Registration is open beginning October 1st, 2023 through March 8th, 2024. Illuminate takes place is Raleigh, NC

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Signature
Presented to:

Q-398342
February 29, 2024, 1:03:10 AM
Accepted by:

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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/2/2024
Agenda Item No. 7.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, Development Services Department Director PREPARED BY: Carl Stiehl, City Planner
SUBJECT:

Housing Element and General Plan Annual Progress Reports 2023

RECOMMENDATION
Receive and accept public testimony regarding the Murrieta Housing Element Annual Progress Report and General Plan Annual Progress Report for calendar year 2023; and Authorize the documents to be submitted to the State Department of Housing and Community Development and the Governor’s Office of Planning and Research.

PRIOR ACTIONS/VOTE
On July 7, 2020, the City Council adopted the Focused General Plan Update (Vote 5-0).

On March 21, 2023, the City Council received and accepted the General Plan Annual Progress Report for 2023 and the Housing Element Annual Progress Report for 2023 and allowed the documents to be submitted to the State (Vote 5-0).

On June 6, 2023, the City Council adopted the Housing Element Update (Vote 5-0), which was subsequently certified by the State Department of Housing and Community Development on October 26, 2023.

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

BACKGROUND
Housing Element Annual Progress Report
In accordance with Government Code (GC) Section 65400, the City of Murrieta (City) is required by state law to prepare and submit an Annual Progress Report (APR) on the implementation of the Housing Element of the General Plan (Attachment 1). Under state law, the report must be “considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written CITY OF MURRIETA Printed on 3/29/2024Page 1 of 3
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before the legislative body where members of the public shall be allowed to provide oral testimony and written comments”and then submitted to the Governor’sOffice of Planning and Research (OPR) and the Department of Housing and Community Development (HCD) by no later than April 1, 2024.

As mandated by GC Sections 65583 and 65584, the Housing Element portion of the APR demonstrates the City’sprogress in meeting its share of regional housing needs and program goals as defined in the 2021-2029 Housing Element Update adopted by the City Council in June 2023 and certified by the State Department of Housing and Community Development on October 26, 2023. In accordance with GC Section 65400(a)(2)(B), staff used the guidelines and forms provided by HCD to prepare the 2023 report to demonstrate compliance with the City’s Housing Element Update.

Findings in the report include the following:
· In 2023, the City issued permits for 680 above-moderate (i.e., market-rate) units. · A total of 1,499 above-moderate units have been permitted between July 2021 and the end of 2023, which exceeds the City’sRHNA requirement for that income category for the entire 2021-2029 housing cycle.
· The City also issued permits for 258 low-income units in 2023, about half the RHNA requirement for that income category in the housing cycle.

Affordable Housing Production Efforts
In addition to the City making significant progress in meeting its market-rate housing production goals, as shown above, the City is also making progress in reaching the requirements for affordable housing development. The City has entitled a number of different Very-Low and Low-Income affordable housing projects that are in various stages of the entitlement process. Two projects, the Monamos Apartments and the first phase of the Oak View Ranch Apartments, received building permits in 2023 (the 258 units noted above) and are now under construction.

Two other projects, the Kensington Apartments and Sandstone Valley Apartments, another 220 low-income units, are both now fully entitled and are applying for state housing funds for construction. Two other projects, the Vista Murrieta Apartments and the Viscar Terrace Apartments, are in zoning review utilizing the City’snew Multi-Family Residential Objective Design Standards and ministerial Development Plan process. Those projects are anticipated to receive their entitlements early this year and will be applying for funding with the state and county. If the projects in process receive their necessary funding and building permits, the City will be on pace to meet or exceed the low-income RHNA requirement for the housing cycle in the next few years.

General Plan Annual Progress Report
In accordance with Government Code (GC) Section 65400 related to the Administration of a General Plan, the City is required by state law to prepare and submit an Annual Progress Report (APR) on the status of the City’sGeneral Plan and the progress in its implementation in the prior year. The overall General Plan portion of the APR is included in this separate report. Under state law, the report must be “considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments” and then submitted to the Governor’s Office of Planning and Research (OPR).

OPR has provided guidance on how to write the report in a document to all cities and counties, which allows cities to use a flexible format for the report. Their guidance lists an outline of general content and additional content that is recommended to be included for the types of information that should be conveyed. The General Plan APR gives OPR the opportunity to identify statewide trends in land use decision-making and how local planning and development activities relate to statewide planning goals and policies.

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The attached General Plan APR has been prepared in accordance with the OPR guidance document, which provides that the purpose of the Annual Progress Report is to accomplish the following:
· Inform local legislative bodies (City Council) on specific information regarding how the General Plan is being implemented and how modifications to the General Plan can be made to improve implementation.
· Assist state agencies (OPR and HCD) in identifying trends in land use decision-making as well as meet other statutory requirements.

The City’sAPR reflects the progress the City has made in implementing the General Plan through a myriad of policies and programs, especially related to Land Use, Economic Development, Circulation, Infrastructure, Healthy Community, Conservation, Recreation and Open Space, Safety, and Housing Elements.

FISCAL IMPACT
There is no fiscal impact to receive and accept the reports for submittal to the state.

ATTACHMENTS

1. Housing Element Annual Progress Report for 2023 *Attachment 1 will be available on the City’s webpage at the following link beginning March 29th:
<https://www.murrietaca.gov/276/Planning-Documents>. The document will also be available at the Planning Division Counter during regular business hours.

2. General Plan Annual Progress Report for 2023
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Attachment 1 will be made available on the City’s webpage at the following link beginning March 29th:
https://www.murrietaca.gov/276/Planning-Documents

The document will also be available to view at the Planning Division Counter during normal business hours.

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2023 Annual Progress Report
for the
Murrieta General Plan 2035

CITY COUNCIL
Lori Stone, Mayor
Cindy Warren, Mayor Pro Tem
Ron Holliday
Jon Levell
Lisa DeForest

City Manager
Kim Summers, City Manager
Ivan Holler, Assistant City Manager

Development Services Department
David Chantarangsu, AICP, Development Services Director Jarrett Ramaiya, Deputy Director
Carl Stiehl, City Planner
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2 I. INTRODUCTION

This General Plan Annual Progress Report, hereafter referred to as APR and/or Report, is being prepared to comply with Government Code Section 65400. The purpose of the Report is to inform the local legislative body (City Council) and the State Office of Planning and Research (OPR) on the status of the City’s General Plan and progress in its implementation.

II. DEVELOPMENT SERVICES DEPARTMENT

The Development Services Department ( DSD) is tasked with preparing, updating and amending the General Plan. In addition, DSD implements the City’s Development Code, and coordinates the review and approval of development applications, specific plans and special studies. DSD also functions as the staff liaison to various commissions and committees, including:

 Planning Commission
 Development Advisory Group (DAG)
 Murrieta Housing Authority (City Council)

Additionally, DSD staff, along with other departments are involved with regional planning efforts:

 Western Riverside Council of Governments (WRCOG) Technical Advisory Committees  SCAG RHNA Subcommittee
 SCAG Housing Policy Leadership Academy
 Lasting Affordability Grants Advocacy Group

III. GENERAL PLAN IMPLEMENTATION:

On July 7, 2020 a focused update of the General Plan was approved by the City Council. The General Plan was last comprehensively updated in July of 2011. T hat update, referred to as General Plan 2035, was done to comply with State law, which requires that local jurisdictions adopt a General Plan and keep the document current with Federal, State and local laws. The General Plan goals and policies reflect the long range vision of the community; including elected officials, staff and the public. The most recent update in 2020 included Vehicle Miles Traveled (VMT) implementation, an update to the Climate Action Plan (CAP) as well as land use chang es to preserve open space and implementation of a new land use designation and zone, Innovation.

The Office of Planning and Research (OPR) provides guidelines for preparing the General Plan, for complying with Government Planning, and a Guide to complyin g with legal requirements for Tribal consultations. The City of Murrieta chose to update the General Plan to provide the goals and policies for economic development as the national, state, and local economies recover from the great recession and in order t o implement VMT and to update the CAP . OPR also provides a “Strategy for Sustainable Communities Guidelines” to assist local communities in developing policies that encourage sustainable development and comply with new regulations requiring GHG reductions, and adoption of sustainable policies and programs to meet those requirements.

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3 The General Plan 2035 update was implemented, in part, to put the City into compliance with new State laws such as Assembly Bill (AB) 32 for greenhouse gas reduction, and Senate bill (SB) 375, which requires a Sustainable Communities Strategy (SCS). SB 375 requires Regional Planning Agencies like the Southern California Association of Governments (SCAG) to develop an SCS that integrates Regional Transportation Planning, and local planning efforts to meet the State requirements for greenhouse gas (GHG) reduction.

The updated CAP provided an updated baseline year of 2016, emission forecasts for 2030, 2035 and 2050 with emission reduction targets for 2030 and 2050 in line with the more recent State targets . Moving forward into 2024 the City is planning for a cleanup of the General Plan as additional changes have happened in State law since 2020 and the City has annexed a new area in late 2022, Murrieta Hills Specific Plan. Updates are planned for the CAP as well.

The Housing Element is a required element of the General Plan regulated by its own sections of applicable State Law. The most recent Housing Element for the 2021-2029 (6th) housing cycle was adopted by the City Council June 6, 2023 and certified by HCD on October 26, 2023. The City continues to move forward with implementing Housing Element Policy Actions and Programs, including the recently adopted Multi - Family Residential and Mixed -Use Residential Objective Design Standards to fa cilitate multi -family residential development. More detailed information on Housing Element implementation is included in the Housing APR attached to this report.

Existing General Plan:

The General Plan is currently organized with the following chapters:

01 - Introduction
02 - Vision
03 - Land Use Element
04 - Economic Development Element
05 - Circulation Element
06 - Infrastructure Element
07 - Healthy Community Element
08 - Conservation Element
09 - Recreation and Open Space Element
10 - Air Quality Element
11 - Noise Element
12 - Safety Element
13 - Housing Element
14 - Implementation Plan

The General Plan 2035 prepared in 2011 was drafted as a comprehensive update of the 1994 General Plan, and contains the required seven elements, Economic Development, Healthy Community and Air Quality Elements. Recreation and Open Space are combined into a single element. The City’s CAP as part of the General Plan EIR includes measures to reduce greenhouse gas emissions (GHGs) as the City continues to build out. Each City department and division is annually requested to provide a list of actions taken and/or programs developed, which implement the policies in the General Plan related to these elements. Examples from those lists of implementation task s in process or completed during the year 2023 are listed below under each element.

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4 Land Use Element Chapter 3:
 Assisted with approving additional City funding for affordable housing development of the Oak View Ranch Project on the City-owned Adams Ave. property.  Issued all necessary permits and broke ground on the Oak View Ranch Apartments, a 200 Unit Affordable Apartment complex with an integrated Boys & Girls Club and other amenities.  Issued all necessary permits and broke ground on the Monamos Terrace Apartments, 140 Unit Affordable Apartment complex on Los Alamos.
 Approval of the entitlement for the Jefferson JPI Apartments project, 851 Unit multi-family residential development on Jefferson.
 Additional residential developments were entitled, approved and/or permitted, refer to the attached Housing APR for Building Permits Issued and Finaled and Residential Projects Entitled in the year 2023.

Economic Development Element Chapter 4:

Business Retention and Expansion:
 Assisted the Murrieta Hot Springs Resort with clearing Building & Safety, Environmental & Fire hurdles to work towards early 2024 grand opening.
 Solicited and accepted RFP for design work related to the U.S. Department of Commerce $3 million grant to build a wet lab, dry lab, and creative office space in the Murrieta Innovation Center. Design work was completed in November 2023.
 Assisted new owners of Village Walk commercial center with tenant acquisition.  Assisted multiple hotel groups in site selection, including one that has completed a Purchase and Sale Agreement in the Office Research Park Zone to assist hospitals with medical tourism needs.  Hosted two Job Fairs in Murrieta.
 Celebrated many new restaurant openings, including:
 El Patron
 Wingstop
 Tijuanazo
 Wingz & Mi.
 Aerostat Creamery
 The Cajun Trap Seafood
 Goi Thai
 Dickey’s Pit BBQ
 Blaze Pizza
 Recruited new restaurants to the City, including Capriotti’s Sandwich Shop.  Assisted Home Depot with their entitlement process to locate in The Orchard.  Worked with large destination entertainment user in site selection within Murrieta.  Assisted multiple grocers in site selection.
 Worked with BioTech Development Group on a submittal to build new medical space in the City.  Continued work on “Murrieta Money Match Shop Local Campaign” for both retail and restaurants.
 Assisted well known exotic sports car dealer with the selection of final undeveloped site in our Automall.
 Assisted Bravo Auto Collection in back-filling former Auto Gallery Mitsubishi dealer site.  Assisted CryoQuip with expansion plans on current location.  Assisted Walmart with application for 50K sq.ft. expansion on current location. 263

5  Assisted CarMax with application for multi-acre expansion adjacent to current site.  Assisted Hotel Developer with acquisition of Sapphire property to build a two hotel project.

Economic Development Opportunities:
 Planned for new water and road infrastructure in the Madison Corridor, in part utilizing ARPA funds, to create the opportunity for developing a dense job corridor west of I-15, east of Jefferson and south of Murrieta Hot Springs Road.
 Tourism has increased with the new resort opening in 2024 which will bring another 500,000 visitors a year through Murrieta and will increase spending throughout the city with an anticipated $50M in economic impacts in the first year alone.

Circulation Element Chapter 5:
 Pedestrian Safety Enhancements program continued with various curb ramps and crosswalks improvements.
 Awarded CIP for traffic signal at Washington and Weeping Willow.  Facilitated Downtown Night Market Events signage and barricades twice a month.

Infrastructure Element Chapter 6:
 Continued work on Recycled Water Retrofit Program with Rancho Cal Water District.  Performed ongoing stormdrain and stormwater maintenance and cleanup as needed with winter 2023 storms and impacts from record rains.

Healthy Community Element Chapter 7:

For 2023, successfully hosted many large-scale events for the community to be healthy:

 4/1/23 and 4/2/23 – Provided assistance for the annual Tour de Murrieta.  4/8/23 – Facilitated Egg Hunt and Recreation Expo at Town Square Park Amphitheater.  4/15/23 – Facilitated Murrieta Fire & Rescue’s 76th anniversary Firefighters Barbeque at Town Square Park.
 5/29/23 – Organized Memorial Day Ceremony held at Town Square Park.  6/17/23 – Held Father’s Day Car Show at California Oaks Sports Park.  6/24/23 – Coordinated Murrieta’s 32nd Birthday Bash with concerts and fireworks.  7/1/23, 7/8/23, 7/15/23, 7/22/23, and 7/29/23 - Coordinated Concerts in the Park at Town Square Park.
 7/21/23 and 7/28/23 - Coordinated Movies in the Park at Town Square Park and Mapleton Park.  9/11/23 – Organized 9/11 the 22nd anniversary 9/11 observance ceremony.  10/6/23 – 10/7/23 - Supported Murrieta’s Rod Run in Downtown Murrieta.  10/8/23 – Supported the annual Susan G. Komen More Than Pink Walk for breast cancer awareness at Town Square Park.
 10/28/23 – Coordinated alongside Murrieta Police Department the annual Trunk or Treat, concert, and laser show event at Town Square Park Amphitheater.  From 11/4/23 through 11/12/23 – Hosted the annual Field of Honor festivities at Town Square Park.
 11/11/23 – Organized the annual Veterans Day Parade.
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6  12/2/23 – Held the annual tree lighting event at Town Square Park.  From 12/4/23 through 12/7/23 and 12/11 through 12/14/23 – Coordinated the “Santa Stops” around the City.
 12/9/23 – Supported the annual Project 99 teen suicide education and prevention 5K run/walk.

The City continued to implement the innovative and inclusive programming at the library:
 Children’s Library Expansion Project milestones completed:
o Targeted Community Input Meetings in July – August 2023 o Preliminary Design Completed in November 2023
 Community input gathered for upcoming Library Strategic Plan:
o Online Community Survey conducted in April - June 2023 o Community SOAR (Strengths, Opportunities, Aspirations, Results) analysis and visioning session conducted in June 2023.
 Provided 50 storytimes that assist early learners with cognitive, physical, and language development through social interaction.
 Provided 40 Library for All programs for adults with disabilities. • Awarded $159,345 in grant funds from various grant programs. o Inspiration Grant - $20,000 from the California State Library to fund the expansion of Library for All programs for patrons with disabilities, including programs for children, teens, and adults.
o Lunch at the Library - $11,700 from the California State Library to fund pop-up library programs at Murrieta Valley Unified School District’s 2024 summer meal site at Murrieta Elementary.
o E-Books for All - $40,000 from the California State Library to fund e-book and e- audiobook purchases on the Palace Project platform.
o Community Improvement Designation Grant – $25,900 from the Riverside County Third District Supervisor’s Office to fund new furniture for the Children’s Area expansion project.
o Zip Books - $26,745 from the California State Library to fund patron-driven collection development for new books not in the Library’s collection. o Solar Eclipse Glasses – Received 2,000 solar eclipse glasses from STAR Net. o Park Pass Grant Round 2 - $35,000 from the California State Library to fund outdoor learning stations.
 Completed several grant projects and programs from grants awarded in 2022:
o California Sustainable Libraries Grant - $30,000 from the California State Library  Earth Day Celebration
 Completed the design and installation of a pollinator demonstration garden o Seed Library Expansion - $18,050 from the California State Library o Zip Books - $21,128 from the California State Library o Park Pass Grant Round 1 - $3,500 from the California State Library to fund nature activity kits.
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7 • Conducted annual Summer Reading Challenge: a reading incentive program. o Reading program participants: 2,283
o Books read by participants: 24,578
o Take-Home kits distributed: 1,091
o # of in-person library programs: 38
o # of in-person library program participants: 2,312
• Increased the number of State Park passes available for checkout from six (6) to thirty-five (35).

The park passes are vehicle-day passes that provide free access to over 200 parks, lakes, beaches, and monuments in the State Parks system.
• Expanded the Library of Things collection of available museum and park passes for checkout. o Four (4) Riverside County Park Vehicle-day Passes
o Three (3) family passes to the Southern California Railway Museum o Five (5) family passes to the Palm Spring Air Museum
• Conducted the Foods for Fines program for Love Your Library Month, where Library patrons can donate a non-perishable, nutritious, pre-packaged food item to waive $1 of accrued fines up to $15, reducing the financial barrier for Library patrons to access the Library while providing donations for assisting individuals experiencing food insecurity. • Partnered with Parks and Recreation Division to host Ranger Rap programs at various Murrieta parks to promote Murrieta’s Park Rangers and Library.

Youth Center and Senior Center:
 Membership check-in at the Youth Center was over 19,500 for 2023. 310 members registered for the Youth Center.
 The Jr. Staff program had five volunteers earn community service hours for high school.  To date, the Youth Center offers eight different programs throughout the week. Programs are filled to capacity each month.
 Membership check-in at the Senior Center was over 15,000 for 2023. 400 seniors registered for the fitness room.
 The Senior Center served over 19,500 meals to seniors aged 60+ in 2023, with the option to eat their meal at the Center or take their meal to go.
 The Senior Center continued to grow instructor based classes and offer 16 different classes throughout the week. Classes were full each month.
 Feeding America, the nation’s largest domestic hunger relief organization came to the Senior Center monthly to distribute non-perishable food boxes to Murrieta residents. The program expanded to include all residents who qualified for the low-income based program. In 2023, over 3,400 boxes were distributed to those in need.
 AARP tax service assisted over 200 participants.
 The Senior Center continued to expand free external resources to the seniors in Murrieta such as an Alzheimer's Support Group, Parkinson’s Support Group, HICAP (Health Insurance Counseling and Advocacy Program), legal aide, health and wellness talks, and technical support.

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8 Homeless Services:
 The Riverside County Continuum of Care awarded the city $225,706.33 in Housing and Homelessness Incentive Program (HHIP) funding to subsidize the street outreach effort in Murrieta.
• Utilizing the $500,000 in SAMSHA funding awarded by Congress Member Calvert, Baker Tilly was competitively selected as a consultant to create and formalize the Regional Homeless Alliance consisting of Murrieta, Temecula, Lake Elsinore, Wildomar, and Menifee, and create a Homeless Action Plan for the region.
• 298 individuals were sheltered through the partnership for emergency shelter with Project Touch under the ESG-CV grant, ARPA, and General Funds. Murrieta contracts with City Net to provide full-time case management to households in the shelter to reduce recidivism back into homelessness.
• The Street Outreach Team had 531 contacts, with 190 unduplicated individuals. Of those, 108 had positive exits from homelessness:
o 20 Family Reunifications
o 18 Mental Health/Substance Treatment Linkages
o 58 Emergency Shelter Placements
o 6 Moved into Transitional Housing
o 6 Moved into Private Rental
• The city entered into a reimbursement agreement with Riverside County’s Flood Control for $75,000 per year for three years. The first cleanup was held in December 2023 at a Flood Control Property in southwest Murrieta, where 28.8 tons of debris was removed.

Conservation Element Chapter 8:
 Continued compliance with the Western Riverside Multiple Species Habitat Conservation Plan (MSHCP), and cooperation with the Regional Conservation Authority (RCA), the Joint Powers Agency created to administer the MSHCP.
 Continued compliance with the Riverside County Habitat Conservation Agency for various projects.
 Partnered with the Neighborhood Forest to distribute 661 California native trees to children in support of preserving biodiversity.
 Completed designing and installing a pollinator demonstration garden on the Northeast side of the Library.

Recreation and Open Space Element Chapter 9:
 Conducted large-scale Children’s and Family Programs in Town Square Park:
o Earth Day Celebration with approximately 2,500 in attendance. o Touch-A-Truck Storytime with approximately 3,500 in attendance.  The Alternative Recreation Program, a social program for adults with intellectual and developmental disabilities, held 18 events in 2023, with over 1,000 participants.  The Community Service Department had 23 recreation instructors that taught 866 different contract classes and provided a variety of programming throughout the year to approximately 4,700 adults and children.
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9  Alderwood Clubhouse opened for outside reservations.  Adult sports leagues had 24 teams sign up between softball and kickball, with an estimate of over 300 adult players.
 Mini sports seasons are offered to encourage more registrations with fewer scheduling commitments.
 The 2023 youth sports seasons experienced a surge in registration, boasting 12,796 youth players spread across 861 teams in eight different leagues.  The City hired a consultant team and began work on the Parks Master Plan and Trails Master Plan Updates, to be completed in 2024.

Air Quality Element Chapter 10:
 The City continued to implement the updated Climate Action Plan (CAP) to reduce greenhouse gas inventory GHG impacts by with various measures related to projects and City actions as the General Plan is being implemented through 2035.
 As part of the CAP the City continues to implement a CAP Checklist for projects not exempt from CEQA in order to comply with necessary GHG reductions for new development.  Participation in regional efforts with Western Riverside Council of Governments (WRCOG) and the other jurisdictions in Southwest Riverside County in reviewing and commenting on the Southern California Association of Governments (SCAG) Draft Regional Transportation Plan (RTP) and Sustainable Communities Strategy (SCS) for the SCAG region.

Noise Element Chapter 11:
 Continued to review projects to comply with the requirement for land use compatibility for community noise environments and to locate future residential development away from noise contours, such as the I-15 and I-215.

Safety Element Chapter 12:
 Continued implementation of the Safety Element to encourage open space when necessary to protect property and provide safety from fires, require development in the fire hazard areas to be fire safe designed and to be able to consider different forms of mitigation in fire areas.  The City is working to finalize the most recent update to the Local Hazard Mitigation Plan in 2023, which will be aligned with the Safety Element in 2024.

Fire Department:
• Released the First Ever Murrieta Fire & Rescue Annual Report. • Completed the Community Risk Assessment Standards of Cover. • Responded to 11,616 calls for service (14,297 unit responses) o 8,141 medical emergencies
o 2,300 public assistance calls
o 493 traffic collisions
o 451 Fire Alarms
o 144 Fires
• 70 Hazardous Materials Calls
• Completed 26,304 hours of Fire Department Training.
• Completed 2,257 hours of Emergency Medical Services Training. • Completed 2,788 hours of Fire Academy training of new recruits. 268

10 • Completed a departmental budget kickoff Oct 3, 2022, to begin preparing the 2-year fiscal budgets two months ahead of City Hall to ensure meeting all budgetary deadlines. • Completed adoption of the 2022 California Fire Code with local amendments. • Participated in the development, testing, and deployment of the EnerGov development services software.
• Went live with Streamline for Annual Fire Inspections and billing. • Reviewed 1,261 Fire Plans.
• Issued 228 Annual Permits.
• Inspected 363 construction projects.
• Inspected 1,238 routine and business license inspections. • Conducted 363 AB-38 Escrow Defensible Space Inspections. • Conducted 9,100 State Mandated Defensible Space Inspections. • Delivered 130 hours of public education.
• Installed 250 smoke detectors.
• Conducted 2 CERT classes with 58 total attendees.
• Activated the Emergency Operations Center on two occasions. o Cyber Incident
o February Storm Event
• Completed 3 Emergency Operations Center Activation Drills • Participated in a total of 9 mutual aid events throughout the state of California. • Conducted MFR annual employee recognition ceremony; Medal of Valor and Distinguished Service awarded.
• Submitted Annual Compliance Report (ACR) to the Center for Public Safety Excellence (CPSE) and awarded continued accredited agency status.
• Submitted self-evaluation documents and underwent an in-person peer review evaluation seeking reaccreditation through the Centers For Public Safety Excellence. Department was recommended for reaccreditation pending review by the CPSE commission in August. • Conducted Fire Engineer’s Academy.
• Conducted Fire Captain Exam.
• Placed 2 command vehicles in service.
• Deployed Tablet Command incident management software. • Deployed to 10 Mutual aid incidents throughout the state, including eight responses to major wildland fires and two responses to assist communities impacted by reRecruited and hired a new Fire Marshal.

Police Department:
• 13 new and lateral police officers were hired and completed the Field Training Program. • Ranked 1st in “Crimes Against Property” and 3rd in “Crimes Against Persons” in the State of California for cities with a population between 100,000 to 249,999 inhabitants. • Launched the Unmanned Aerial System (Drone) Program.
• Implemented in-house California Police Officer Standards and Training certified Driver Awareness training course for emergency vehicle operation. • Implemented Benchmark Analytics software for administrative investigation management. • Researched, created, and implemented the Team Kids program to replace the DARE program in public schools.
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11 • Assigned a Detective to the Riverside Computer and Technology High-Tech Response Team (CATCH). Additionally, remodeled and outfitted the new CATCH Task Force satellite office housed at Murrieta PD.
• Hosted the department's 5th annual K9 Trials with over 40 law enforcement agency teams competing.
• Hosted the department’s 15th and 16th Citizen Academies, graduating over 50 applicants from the community.
• Awarded a grant from the Department of Justice for a juvenile Tobacco Education and Enforcement Program. The grant is for $142,000.00 over three years. • Reinstated the Southwest Valley Youth Court teen restorative justice program after being dormant due to the pandemic.
• Resumed MPD’s participation in the Police Activities League (PAL) with the SAFE Family Justice Center.
• The Police Department began hosting the Teen iLead program in partnership with the Police Activities League.
• Additional station security measures were added to include ballistic windows and security cameras.
• Engaged the City’s insurance provider (PERMA) in discussions on best practices in law enforcement.
• Purchased suppressors for all department-used rifles to help mitigate damage to officers' hearing.
• Purchased 20 40mm less lethal foam baton launchers to enhance officers’ ability to de-escalate volatile situations.
• Purchased and started using the Performa-Labs Mobile application for mandatory California Police Officer Standards and Training certified Perishable Skills Program training for Strategic Communications and Use of Force.
• Launched the department’s first-ever Support K9 Program. • Added an additional 20 Flock License Plate Reader (LPR) cameras, for a total of 40 now deployed throughout the city.
• Signed a contract with Vigilant software for law enforcement and commercial license plate data to assist Detectives and Crime Analyst.
• Entered into a 5-year agreement with Axon for body-worn cameras, in-car cameras, and the TASER 10 platform (first agency in Southern California to do so) • Entered into a 5-year agreement with CentralSquare to transition our CAD/RMS software to a cloud-based system.
• Entered into a 5-year agreement with Motorola Solutions for the purchase of new handheld radios to replace aging/obsolete supply.
• The Police Department’s seven social media platforms reached over 161,000 followers. • Added one Administrative Corporal position to assist units department-wide. • Added one Dispatch Supervisor position.
• One Driving Under the Influence (DUI) enforcement officer was assigned to the Traffic Bureau. • Hosted the third annual Trunk or Treat event with much success. • Remodeled the Administration Office.
• Purchased a new SWAT equipment truck.
• Range staff coordinated two pistol optics training courses. 40 Murrieta PD officers are now equipped with optics for their primary firearms.
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12 • Department Range Staff and Murrieta Fire & Rescue SWAT tactical paramedics developed and implemented an extensive “Active Attack/Active Shooter” training course, addressing critical tactical and medical aspects.
• Created and selected instructors for the newly formed Active Shooter Training Team • Lieutenant James Gruwell and Lieutenant Jeremy Durrant attended the Senior Management Institute for Policing training course hosted by the Police Executive Research Forum.

IV. HOUSING ELEMENT REPORTING:

Housing Element Chapter 13:
 See the attached Housing Element APR for Building Permits Issued and Finaled and Residential Development Projects Entitled and Policy Action/Program implementation.  In working to permit low income affordable housing Staff completed the permit processing and issued permits for two important projects in 2023:
o The Oak View Ranch project with the developer (National CORE) on the City’s Housing Authority owned Adams Ave. property for a proposed 200 unit 100% affordable (very- low and low income) multi-family housing project including closing on the Disposition and Development Agreement documents. Staff, local leaders and the developer attended a ground breaking ceremony in June 2023.
o The Monamos Terrace Apartments on Los Alamos a 140 unit 100% affordable (low income) multi-family housing project. Staff, local leaders and the developer attended a ground breaking ceremony in April 2023.

Although the Housing Element is one of the seven required elements in the General Plan, it is prepared separately from the other elements. Compliance with statutes that determine the preparation and content of the Housing Element are regulated by the State HCD. Updated forms to assist local jurisdictions in complying with the statutes that require reporting of General Plan housing information have been provided by HCD and are included in the attached Housing APR to be submitted to HCD.

V. MAJOR DEVELOPMENT PROJECTS:

Major development projects approved in the prior year include the various housing projects in the City, including the two affordable housing projects. The City is also moving forward on entitlements in 2023 for additional regional shopping, including the opening of the Costco permitted in the prior year and the development of a new Home Depot which was permitted for grading in 2023. These projects play a major role in the City adding the necessary residential and commercial uses consistent with the goals of the General Plan.

Capital Improvement Projects Completed and Planned in 2023:

• A new roof was installed on the Murrieta Library in September 2023. • Painted the exterior of the Murrieta Community Center.  Secured a $1.5 million grant, in addition to the 50% required match from the City, from the California State Library. Selected a design team for the planned expansion of the Murrieta Public Library. The preliminary design process was substantially completed in December 2023. Staff anticipates the construction will be bid on in late 2024. 271

13 • Completed the design and engineering phase of the Sykes Ranch Park Windmill and Historic Marker project. Published bid opportunity in October 2023, and awarded the construction contract in December 2023.
• Received a $250,000 grant toward the design and construction of the City’s third dog park at Glen Arbor Park. Project is currently in design.
• Completed the purchase of tot lot equipment for nine different locations; and substantially completed civil engineering design for three of the locations where new playgrounds will be constructed where none exist today. Staff anticipates putting construction out to bid in early 2024.
 Selected a design team for a planned replacement of the pool facility at Cal Oaks Sports Park Pool Renovations. The preliminary design process is expected to be substantially completed in early 2024.
 Substantially completed civil and landscape design for the Town Square Park Amphitheater Parking Lot & Entryway Monument in December 2023. Staff anticipates that construction will start in summer 2024.
 Completed the construction of the Vietnam Memorial Wall in September 2023, which is the fourth monument of a seven monument series.
 Completed the construction of phase 1 of Pioneer Park, which included a train-themed tot lot, picnic shelter, picnic tables and benches, and a parking lot.  Conducted public input forums regarding pickleball court and signage needs.  Started the outreach for the Parks and Recreation Master Plan update process.  Started the outreach to draft the City’s first Trails Master Plan.

VI. COMPLIANCE WITH STATE GUIDELINES AND CODE UPDATES:

Code Amendments:

Housing Element New 19-29 du/ac Zone
Completed the City of Murrieta Housing Element Update in June 2023 which, included a Code Amendment with a change to Development Code Chapter 16 in order to add a new multi-family zone of 19 to 29 dwelling units per acre, a density range not provided for in the previous Multi-Family Residential zones. The Code Amendment satisfied one of the early Housing Element Policy Actions planned for at adoption of the Element.

Multi-Family Residential and Mixed-Use Residential Objective Design Standards Completed the City’s LEAP Grant funded Multi-Family Residential and Mixed-Use Residential Objective Design Standards (ODS) in September 2023 which included changes to the Development Code Chapter 16 in order to implement the objective standards and a ministerial development plan permitting process for certain qualifying projects. The adoption of the ODS also satisfied an early Housing Element Policy Action planned for at adoption of the Element.

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14 Other Updates:

State Law Implementation for 2023
Created new Information Bulletins and Applications consistent with State provisions in advance of effective dates of new laws (January 1, 2023) for new land use permit types and entitlements.

Documentation is available on City’s website. Additional cross-discipline training on intake and processing of applications into 2023 occurred to facilitate smooth transition for permitting and utilizing the City’s new Energov software for online submittals for permit processing.

Native American Tribe Consultation:

In November 2005 the Governor’s Office of Planning and Research issued a Supplement to the OPR General Plan Guidelines for Tribal Consultation. In 2005 Senate Bill 18 (S.B. 18) took effect, which requires that local jurisdictions processing an application for a General Plan Amendment or Specific Plan must notify tribes identified by the Native American Heritage Commission as having a possible interest in the proposed project. S.B. 18 requires government to government consultation when a tribe makes the request. Additionally, AB 52 passed in 2014 included an update to Appendix G (Initial Study Checklist) of the CEQA Guidelines to include questions related to impacts to tribal cultural resources and updated the notification process related to these types of projects.

The City has since complied with SB 18 and AB 52 when applicable by responding to requests from sovereign governments such as the Pechanga Band and Soboba Band for consultations on projects. The City consulted with the tribes, having regularly quarterly meetings as needed, to discuss the various projects and proposed entitlements that could potentially impact cultural resources in 2023.

VII. CONCLUSION:

The intent of this report is not to provide a comprehensive inventory related to every goal and policy in the Plan, but to provide a summary and identify significant activities that occurred during the reporting year (2023), which will show how the City is implementing the current General Plan. This report meets the requirements outlined in the OPR Guidelines for an Annual Progress Report. 273

CITY OF MURRIETA
City Council Meeting Agenda
Report
4/2/2024
Agenda Item No. 8.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Director of Finance
PREPARED BY: Tanner Benson, Accountant
SUBJECT:

American Rescue Plan Act Project Update

RECOMMENDATION
Approve the reallocation of $2,000,000 in American Rescue Plan Act (ARPA) funding originally allocated to the California Oaks Sports Park Pool Project (CIP 22025) to the Amphitheater Parking Lot Project (CIP 10041); Amend the Fiscal Year 2023/24 Capital Improvement Budget to remove ARPA funding from the California Oaks Sports Park Pool Project (22025) and reallocate it to the Town Square Park Amphitheater Parking Project (10041);
Approve the reallocation of the remaining ARPA funding of $134,932 budgeted for the COVID-19 PPE Expenses program (50115) and allocate this funding to the construction of several Pickleball courts in existing public parks; and
Approve the transfer of ARPA interest earnings to the City’s local funds.

PRIOR ACTION/VOTE
On February 22, 2022, the City Council held a workshop to receive public input related to the use of ARPA funds. The City Council reaffirmed its direction, and staff provided preliminary recommendations for the use of ARPA funding (Non-Action Item).

On April 19, 2022, the City Council adopted Resolution No. 22-4543 accepting ARPA grant funding, approved a Spending Plan for the City’sallocation of the ARPA funds, and amended the City’sOperating Budget and Capital Improvement Plan in accordance with the Spending Plan (Vote: 5-0).

On August 16, 2022, the City Council adopted Resolution No. 22-4604 to increase the appropriation to fund the City’sobligation under an Interagency Financial Contribution Agreement with Eastern Municipal Water District to utilize ARPA funding for water infrastructure in the Los Alamos region (Vote: 5-0).

On February 7, 2023, the City Council approved an Agreement with Western Municipal Water District to utilize ARPA funding for water and wastewater infrastructure in the Innovation Zone area (Vote: 4-0-0-1).

On May 16, 2023, the City Council approved the reallocation of the remaining budget of $88,210 from CITY OF MURRIETA Printed on 3/29/2024Page 1 of 5
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On May 16, 2023, the City Council approved the reallocation of the remaining budget of $88,210 from Employee Retention Project 50111 to the Los Alamos Hills Project 50116. (Vote: 4-0-0-1).

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

BACKGROUND
In May 2021, the U.S. Department of the Treasury (Treasury) announced the launch of The Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021. To support the immediate pandemic response, bring back jobs, and lay the groundwork for a strong and equitable recovery, the American Rescue Plan Act of 2021 (ARPA) established the Coronavirus State and Local Fiscal Recovery Funds to deliver $350 billion to state, local, territorial, and Tribal governments to bolster their response to the COVD-19 emergency and its economic impacts. The allocation to the City of Murrieta (City) totals $16,463,101. Key objectives of the ARPA funds include:
· Fight the pandemic and support families and businesses struggling with its public health and economic impacts;
· Maintain vital public services, even amid declines in revenue resulting from the crisis; and · Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.

On July 20, 2021, City staff brought a report to the City Council to discuss and seek direction for the use of the Coronavirus State and Local Fiscal Recovery Fund (SLFRF) allocated to the City. The City Council requested that staff bring the topic back in a workshop to seek community input. Subsequently, the City Council held public workshops on October 28, 2021, and February 22, 2022, to discuss possible uses of the City’sARPA allocation with input from the public and recommendations from staff.

On April 19, 2022, the City Council formally accepted the ARPA grant funds, approved a spending plan as shown below, and amended the Operating Budget.

Since approving the spending plan, staff has brought forward reports, fund reallocation requests, and budget amendments for City Council approval to execute and deliver the spending plan as approved. As of the date of this report, the inception-to-date expenditures of the ARPA programs totaled $8,052,917, or approximately

49.0% of the total allocation. As part of this report, City staff seeks City Council approval to reallocate CITY OF MURRIETA Printed on 3/29/2024Page 2 of 5
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49.0% of the total allocation. As part of this report, City staff seeks City Council approval to reallocate $134,932 of the remaining COVID-19 PPE program budget towards the construction of several Pickleball courts in existing public parks and $2 million from the Cal Oaks Pool Replacement project towards the Town Square Park Amphitheater Parking Lot Project. To ensure project funds are obligated and spent within the eligible costs timeframe stipulated in the Department of Treasury SLFRF final rule, staff recommends approval of project fund reallocation.

The table below summarizes the total financial activities.

Recommended Programs/Projects
Total Funding
AppropriatedYTD Actuals
Project Fund
Reallocation Balance
Dine and Shop Local Incentives 1,000,000 1,000,000 - Affordable Housing 1,500,000 1,500,000 - Homelessness JPA 313,046 - 313,046 Homeless Outreach 410,954 410,954 - Cal Oaks Pool Replacement (CIP 22025) 2,000,000 - (2,000,000) - Town Square Park Amphitheater Parking (CIP 10041)- 2,000,000 2,000,000 COVID-19 PPE Expenses 266,601 131,669 (134,932) - Pickleball Courts - - 134,932 134,932 Employee Retention 284,290 284,290 - Water /Sewer Infrastructure 10,688,210 4,726,004 5,962,206 Total ARPA Fund Allocations 16,463,101 8,052,917 - 8,410,184 ARPA Proposed Projects and Fund Allocations
As a metropolitan city, the City received its allocation of the ARPA funds in two equal allotments. The City placed the funds in an interest-bearing account. As a result of the high yield returns on short-term investments, the ARPA fund has generated interest income. Per the SLFRF Compliance and Reporting Guidance, under the Cash Management section of the “Uniform Administrative Requirements,” “SLFRF payments made to recipients are not subject to the requirements of the Cash Management Improvement Act and Treasury’s implementing regulations at 31 CFR Part 205 or 2 CFR 200.305(b)(8)-(9). As such, recipients can place funds in interest-bearing accounts, do not need to remit interest to Treasury, and are not limited to using that interest for eligible uses under the SLFRF award.” Therefore, staff recommends transferring all interest income generated in the ARPA funds to the City’slocal fund. This will allow the City to use the interest funds as it sees fit. Staff recommends that these funds be partially contributed toward the construction of Pickleball Courts.

ARPA Projects and Programs Update
Dine and Shop Local Incentive Program
· The City of Murrieta Economic Development Department started the Murrieta Money Match Shop Local Program on May 8, 2022, with an initial deposit of $100,000 from the $1,000,000 in ARPA funds that were allocated to the program at the March 15, 2022, City Council Meeting. Yiftee Inc. of Menlo Park, California, responded to a Request for Proposals and was selected to administer the Murrieta Money Match Shop local program.
· As of February 8, 2024, the program has matched $835,190 in shop local cards for a total value of $1,670,380 paid to local businesses. The program has a remaining balance of $164,810 in matching funds. There are 97 Murrieta businesses currently participating in the program. The motivation behind the program was to support local businesses recovering from the COVID-19 pandemic. Economic studies show that for each dollar spent in a local business, 48 cents remain in the community vs 15 cents spent in a national chain. The program has been highly efficient, and there have been virtually no adverse impacts on staff, participants, or merchants.

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Agenda Item No. 8.

Affordable Housing
· On June 7, 2022, the Council approved the appropriation of a $1.5 million loan from ARPA funds through the Murrieta Housing Authority (HA) to National CORE to construct a Multi-Family and Senior housing complex. The funds were obligated to the Adams Avenue Affordable Project and are currently being held with the HA until Phase 2 of the project is ready to begin construction.

Homeless JPA
· In 2016, all five cities in Southwest Riverside County approved a joint resolution committing to solving homelessness through regional efforts rather than working in silos within each agency. Through multiple grant awards over the years, the cities have implemented various programs and are currently working on a regional homeless action plan. As the plan moves forward, cities will enter into Memorandums of Understanding (MOU) to share resources and outreach, possibly including forming a Joint Powers Authority that will manage homeless services, share resources, and share data regionally.

The ARPA allocation will be used in conjunction with federal funding (SAMSHA/Calvert) activities. · The first MOU between Murrieta and Wildomar was presented to the respective City Councils in February 2024. Four cities have approved a proposal to move forward with the development and implementation of a regional “by-name”client list. This will allow cities to share information on the most highly contacted homeless individuals and collaborate on strategies to remove barriers and overcome their homeless status.

Homeless Outreach
· To reach and maintain functional zero homelessness in Murrieta, ARPA funding was allocated for full- time homeless street outreach and case management services. Services were provided by the City’s contractor, City Net. Services are coordinated through the Homeless Outreach Team in partnership with the Murrieta Police Department. Funding has been exhausted. Data on street outreach contacts, how many new homeless individuals have arrived, street exits, and overall outcomes has been collected.
· Murrieta remains one of the few cities in California that have reached and maintained functional zero homeless, defined as a bed available for any individual or family that desires to move to housing sustainability.

Park Improvements
· At the City Council goal-setting workshop held on January 11, 2024, the City Council confirmed the Library Expansion Project is a high-priority project with a $6 - $6.5 million budget. The Library Project needs additional funds to be fully funded. The initial thought was to move funding for the Cal Oaks Pool Replacement Project to the Library Expansion Project. However, after reviewing the timeline, the likelihood of getting the Project obligated by the December 31, 2024 cutoff was not feasible. Being “obligated”would entail completing the construction bid process and awarding a construction contract, which requires a finalized design. Alternatively, the $2 million that was budgeted for Park Improvements is proposed to be reallocated to the Town Square Park Amphitheater Parking Lot Project. Per the Final Ruling’sFAQs as of February 6, 2024, the aforementioned project appears to be an allowable use of the funds. This project provides infrastructure, improves accessibility to and from the current parking area, and revitalizes a public space. Reallocating ARPA funds from the Library Expansion Project will necessitate identifying alternative funding for that project, which staff will recommend as part of a future Council discussion item related to that project.

Incurred COVID-19 Personal Protective Equipment (PPE) Expenses · To date, the City has spent $131,669 of the $266,601 appropriated for COVID-19 protection-related expenditures. There has been one expense in the last year. A balance of $134,932 remains budgeted for this project. Since funding is no longer needed to purchase PPE, staff proposes allocating the CITY OF MURRIETA Printed on 3/29/2024Page 4 of 5
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Agenda Item No. 8.
for this project. Since funding is no longer needed to purchase PPE, staff proposes allocating the remaining balance to the pickleball courts project.

Employee Retention Expenses
· This was approved by the City Council on April 19, 2022, as part of the ARPA Spending Plan discussion; at the time, all current employees were given a one-time stipend as an incentive to remain employed with the City during the Pandemic. A total of $289,916 of the appropriated $372,500 was paid to employees. Of that amount, $5,626 was returned to the City by employees who found other employment within one year. The City Council reappropriated the remaining budgeted appropriation of $88,210 to a project with the Eastern Municipal Water District for the Los Alamos Project during the May 16, 2023, City Council Meeting.

Water/Sewer Infrastructure
· On February 23, 2023, the City entered into an agreement with Western Municipal Water District (WMWD) to use $7.4 million of ARPA funds to annex properties within the Innovation Zone into the Metropolitan Water District as well as install water and sewer infrastructure within the Innovation Zone.

The Innovation Zone is along Jefferson Avenue, between Guava Street and Elm Street. The City has provided $1.4 million for WMWD’sannexation costs. The remaining balance is obligated, per the City’s agreement, and is awaiting progression with the project. The original focus of the project was going to be on Madison Ave, but the feasibility of getting the necessary permits and construction documents before December 31, 2024, is now uncertain. WMWD is required to adhere to the ARPA guidelines and cutoff, which includes the Obligation of Funds, by December 31, 2024. WMWD is working with the City’sPublic Works Department and the City Manager’sOffice to find a solution and meet the required deadlines. The City receives quarterly reports covering this project’s progression from WMWD. · On August 16, 2022, the City Council approved the interagency agreement with Eastern Municipal Water District (EMWD) to provide approximately $3.2 million in ARPA funds for the Los Alamos Hills Project. This project aims to install a waterline loop for the Los Alamos Hills area, making safe drinking water available to 50 adjacent parcels that currently rely on wells. On May 16, 2023, the Council took action to reallocate $88,210 from the remaining allocation for Employee Retention to the EMWD Project. This reallocation of funding was consistent with the agreement with EMWD to provide additional funding if available. To date, the full $3,280,210 has been billed for and paid to EMWD for this project, and the City receives quarterly reports covering the progression of the Los Alamos Hills Project.

FISCAL IMPACT
Staff proposes that the City Council authorize the $2 million budget reallocation from the Cal Oaks Pool Replacement Project (CIP 22025) to the Amphitheater Parking Lot Project (CIP 10041). This reallocation will adjust the grant budgets and the Fiscal Year 2023/24 Capital Improvement Project Budget.

Additionally, staff proposes that the City Council reallocate the remaining funds from the COVID-19 PPE Expenses program, in the amount of $134,932, for the construction of the Pickleball Court project. Once approved, Finance will create the CIP Project code and apply the reallocated budget of $134,932 to the new project.

Lastly, staff requests that the City Council approve the transfer of ARPA interest earnings to the City’slocal fund.

ATTACHMENTS
None.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/2/2024
Agenda Item No. 9.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Chauntal Anderson, Purchasing and Contracts Coordinator SUBJECT:

Agreement with GovInvest, Inc.

RECOMMENDATION
Authorize a three-year software licensing agreement with GovInvest, Inc.; Authorize the City Manager to execute all necessary documents for a period of three years; Authorize the City Council to waive the bidding requirements; and Appropriate additional funding in the Fiscal Years 2023/24 and 2024/25 Operating Budget.

PRIOR ACTION/VOTE
None.

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

BACKGROUND
GovInvest offers financial forecast solutions that are designed specifically for local governments to analyze and run real-time analyses. In April 2019, the City of Murrieta (City) entered into a three-year agreement with GovInvest, Inc. for the use of the standard pension module and the total liability calculator. Since 2019, the (City) has utilized GovInvest financial forecast solutions for pension, Other-Post Employment Benefits (OPEB), and labor costing. GovInvest services include the preparation of OPEB’sactuarial valuation report as required by Government Accounting Standard Board Statement No. 75.

Over the years, GovInvest financial forecast solutions have paid for themselves by saving time and costs by alleviating the enormous tasks of assessing and forecasting pension costs and unfunded liability, preparing the OPEB actuarial valuation report, and automating the labor costing process.

In February 2022, the City entered into a new two-year agreement with GovInvest, Inc. for the use of the CITY OF MURRIETA Printed on 3/29/2024Page 1 of 2
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Agenda Item No. 9.

In February 2022, the City entered into a new two-year agreement with GovInvest, Inc. for the use of the standard pension module, other post-employment benefits module, labor costing module for the total liability calculator, and the OPEB module that includes GASB 75 full valuation and roll forward functions, however, upon execution, they noticed that the calculation for the fire pension was missing from the proposal. A first amendment was made in April 2022 to include the calculation of the fire pension, which increased the annual cost. No other changes were made to the original agreement apart from this addition. The current agreement is set to expire on April 15, 2024.

The Finance Department intends to enter into a new three-year agreement with GovInvest, Inc. at the same rates as the previous agreement. The pricing is broken down by modules, including CPI or a 3% increase annually, whichever is higher.

Murrieta Municipal Code Section 3.08.280 allows for exceptions to the competitive bidding process. While evaluating available options, Finance staff determined that GovInvest, Inc. provides a one-of-a-kind software solution. Upon approval, the City Council acknowledges that the bidding process would be deemed inefficient, impractical, and unnecessary to procure these services.

FISCAL IMPACT
The total cost related to this agreement is estimated to be $89,250. The annual cost of this service is $28,875 in year one and will increase each year by the greater of the U.S. CPI or 3%. This expenditure is currently budgeted for in account 1102600-62160 for Fiscal Year 2023/24 and Fiscal Year 2024/25. A budget appropriation of $350 is being requested for Fiscal Year 2023/24, and $560 is being requested for Fiscal Year 2024/25. The final year of this agreement will be included in the next Biennial budget.

ATTACHMENTS

1. Agreement between GovInvest, Inc. and the City
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City of Murrieta, CA

Actuarial Services and Technology
Licensing Agreement

SaaS Licensing Agreement

Attention: Javier Carcamo

Prepared by: Anthony Escárcega

March 7th, 2024

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Summary of Services and Implementation

Customer:

Javier Carcamo
1 Town Square
Murrieta, CA 92562
(951) 461-6090
[email protected]

Services:

Service Capacity: Use of the Standard Pension Module, Other Post-Employment Benefits Module (Includes GASB 75 Roll Forward & GASB 75 Full Valuation reports), Labor Costing Module and Supplemental Fire Pension Module of the Total Liability Calculator (the “Service(s)”).

Service Fees: Pension Module: $7,875.00 per year, OPEB Module: $7,875.00 per year, Labor Costing Module: $7,875.00 per year, Supplemental Fire Pension Module: $5,250.00 per year.

Annual fee will increase by the greater of the US CPI or 3% each consecutive year, and payable in advance subject to the terms of Section 4 herein.

Initial Term: Three years from Effective Date

SERVICE AGREEMENT

This SaaS Services Agreement (“Agreement”) is entered into on this 15 th day of April, 2024 (the
“Effective Date”) between GovInvest, Inc. (“Company”), and the Customer listed above (“Customer”).

This Agreement includes and incorporates the above Summary of Services and Implementation, as well as the attached Terms and Conditions and contains, among other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different or additional terms of any purchase order, confirmation or similar form, even if signed by the parties before or after the date hereof.

GovInvest Inc. City of Murrieta, CA

By: ______________________________ By: _______________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________

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TERMS AND CONDITIONS

1. SAAS SERVICES AND SUPPORT

1.1 Subject to the terms of this Agreement, Company will use commercially reasonable efforts to provide Customer the Services in accordance with the Service Level Terms attached hereto as Exhibit A. As part of the registration process, Customer will identify an administrative user name and password for Customer’s account. Company reserves the right to refuse registration or cancel passwords it deems inappropriate.

1.2 Subject to the terms hereof, Company will provide Customer with reasonable technical support services in accordance with the terms set forth in Exhibit B.

2. RESTRICTIONS AND RESPONSIBILITIES

2.1 Customer will not, directly or indirectly; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to or used to provide the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted in writing by Company or authorized within the Services); use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.

2.2 Further, Customer shall not export or re-export, either directly or indirectly, the Software or any copies thereof in such manner as to violate the export laws and regulations of the United States or any other applicable jurisdiction in effect from time to time (including, without limitation, when such export or re-export requires an export license or other governmental approval without first obtaining such license or approval). Without limiting the foregoing, Customer shall not permit any third parties to access or use the Services in violation of any United States export embargo, prohibition, or restriction.

2.3 We utilize Microsoft Power BI to provide you certain aspects of the Services. Customer is responsible for its compliance with the Microsoft Online Services Terms that apply to the Power BI product, available at https://www.microsoft.com/en-us/licensing/product-licensing/products .

2.4 Customer hereby agrees to indemnify and hold harmless Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorney’s fees) in connection with any claim or action that arises from Customer’s failure to comply with the terms of this Agreement or otherwise from Customer’s use of Services. Although Company has no obligation to monitor Customer’s use of the Services, Company may do so. Company reserves the right, in its sole discretion, to prohibit or suspend Customer’s use of the Services at any time Company believes such use to be in violation of this Agreement or otherwise harmful to the Service.

2.5 Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of Customer account or the Equipment with or without Customer’s knowledge or consent.

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3. CONFIDENTIALITY; PROPRIETARY RIGHTS

3.1 One party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Company includes non-public information regarding features, functionality and performance of the Service. Proprietary Information of Customer includes non- public data (“Customer Data”) provided by Customer to Company to enable the provision of the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third party any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information after five (5) years following the disclosure thereof or any information that the Receiving Party can document (a) is or becomes generally available to the public, without any action by, or involvement of, the Receiving Party or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party or (e) is required to be disclosed by law. The Receiving Party acknowledges that in the event of a breach of Section 3.1 by the Receiving Party, substantial injury could result to the Disclosing Party and money damages will not be a sufficient remedy for such breach. Therefore, in the event that the Receiving Party engages in, or threatens to engage in, any act which violates Section 3.1, the Disclosing Party will be entitled, in addition to all other remedies which may be available to it under law, to seek injunctive relief (including, without limitation, temporary restraining orders, or preliminary or permanent injunctions) and specific enforcement of the terms of Section 3.1. The Disclosing Party will not be required to post a bond or other security in connection with the granting of any such relief.

3.2 Company shall own and retain all rights, title and interest in and to: (i) the Services and Software, together with all improvements, enhancements, modifications, changes, translations, compilation, and derivative works thereto, (ii) any software, applications, inventions or other technology developed in connection with Implementation Services or support, (iii) any analytics generated through Customer’s use of the Services, including but not limited to, any data, materials, information, and reports (“Analytics”) and (iv) all intellectual property rights related to any of the foregoing. Company hereby grants Customer a non-exclusive, non-transferable and non- sublicensable license to access and use the Analytics.

3.3 Notwithstanding anything to the contrary, Company shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and Company will be free (during and after the term hereof) to: (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, (ii) disclose such data solely in aggregate or other de-identified form in connection with its business, and (iii) disclose, share, license, or resell Analytics to third parties for consideration. No rights or licenses are granted except as expressly set forth herein.

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4. PAYMENT OF FEES

4.1 Customer will pay Company the then applicable fees described in the Summary of Services and Implementation in accordance with the terms therein (the “Fees”). If Customer’s use of the Services exceeds the Service Capacity set forth in the Summary of Services and Implementation or otherwise requires the payment of additional fees (per the terms of this Agreement), Customer shall be billed for such usage and Customer agrees to pay the additional fees in the manner provided herein. Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or then current Renewal Term, upon thirty (30) days prior notice to Customer (which may be sent by email). If Customer believes that Company has billed Customer incorrectly, Customer must contact Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Company’s customer support department.

4.2 Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. Customer shall be responsible for all taxes associated with Services other than U.S. taxes based on Company’s net income.

4.3 Services may be provided outside the scope encompassed within the “Summary of Services and Implementation”. Said services may be subject to additional fees, which are set at $ 600/hour for executive-level work, $425/hour for FSA -level work, $300/hour for ASA -level work, $200/hour for analyst work, and reasonable travel expenses. Said services that are subject to additional fees will not be performed without explicit advance consent from Customer.

4.4 Company may incur business license fees that are mandated by Customer. Customer agrees to reimburse Company for said fees.

4.5 Company may incur costs for adding Customer as additional insured to Company’s existing insurance policies in order to comply with Customer’s insurance requirements. Customer agrees to reimburse Company for said costs.

4.6 Company may incur costs for providing a waiver of subrogation in relation to Company’s existing insurance policies in order to comply with Customer’s insurance requirements. Customer agrees to reimburse Company for said costs.

5. TERM AND TERMINATION

5.1 Subject to earlier termination as provided below, the Initial Term of this Agreement shall be for a period specified in the Summary of Services and Implementation (the “Initial Term”). Upon the expiration of the Initial Term, this agreement may renew for additional periods upon the written agreement of both parties. (each a “Renewal Term”). The Initial Term and the Renewal Term are collectively referred to herein as the “Term.”

5.2 In addition to any other remedies it may have, either party may terminate this Agreement upon thirty (30) days written notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. Customer will pay in full for the Services up to and including the last day on which the Services are provided. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.

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6. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner as expressed in Exhibit C. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Company does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS

EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES, THE ANALYTICS, AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS

ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

7. INDEMNITY
Company shall hold Customer harmless from liability to third parties resulting from infringement by the Service of any United States patent or any copyright or misappropriation of any trade secret, provided Company is promptly notified of any and all threats, claims and proceedings related thereto and given reasonable assistance and the opportunity to assume sole control over defense and settlement; Company will not be responsible for any settlement it does not approve in writing. The foregoing obligations do not apply with respect to portions or components of the Service (i) not supplied by Company, (ii) made in whole or in part in accordance with Customer specifications, (iii) that are modified after delivery by Company, (iv) combined with other products, processes or materials where the alleged infringement relates to such combination, (v) where Customer continues allegedly infringing activity after being notified thereof or after being informed of modifications that would have avoided the alleged infringement, or (vi) where Customer’s use of the Service is not strictly in accordance with this Agreement. If, due to a claim of infringement, the Services are held by a court of competent jurisdiction to be or are believed by Company to be infringing, Company may, at its option and expense (a) replace or modify the Service to be non-infringing provided that such modification or replacement contains substantially similar features and functionality, (b) obtain for Customer a license to continue using the Service, or (c) if neither of the foregoing is commercially practicable, terminate this Agreement and Customer’s rights hereunder and provide Customer a refund of any prepaid, unused fees for the Service.

8. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY

OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO

ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES,

REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE

RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS

AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR

OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF

DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, 286

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TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE

FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE

LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. MISCELLANEOUS
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Company’s prior written consent. Company may not transfer or assign any of its rights and obligations under this Agreement without Customer’s prior written consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and all waivers and modifications in this Agreement must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The parties shall work together in good faith to issue at least one mutually agreed upon press release within 90 days of the Effective Date, and Customer otherwise agrees to reasonably cooperate with Company to serve as a reference account upon request.

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EXHIBIT A
Service Level Terms

The Services shall be available 99% of the time, measured monthly, excluding holidays and weekends and scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than 12 hours, Company will credit Customer 1% of Service Fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day.

Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 12 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred. Company’s blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.

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EXHIBIT B
Support Terms

Company will provide Technical Support to Customer via both telephone and electronic mail on weekdays during the hours of 9:00 a.m. through 5:00 p.m. Pacific Standard Time, with the exclusion of Federal Holidays (“Support Hours”).

Customer may initiate a help desk ticket during Support Hours by calling 310-371-7106 or any time by emailing [email protected].

Company will use commercially reasonable efforts to respond to all help desk tickets within one (1) business day.

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EXHIBIT C
Disclaimer of Software Analysis

Company will use census data, plan provisions, and actuarial assumptions provided by Customer and/or Customer’s actuary to develop the software for Customer. Company will rely on this information without audit. Company does not set actuarial assumptions.

Company will provide software with financially sound projections and analysis, but does not guarantee compliance with actuarial standards for funding and accounting purposes under Government Accounting Standards Board or Generally Accepted Accounting Principles.

The software will not be prepared in accordance with the actuarial standards of practice or actuarial compliance guidelines as promulgated by the American Academy of Actuaries nor will outputs constitute a Statement of Actuarial Opinion. Software results are not suitable for financial reporting purposes.

While the software is tested against actuarial valuation results, the software results will not match, nor are intended to match actuarial valuation results.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/2/2024
Agenda Item No. 10.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bernard Molloy, Fire Chief
PREPARED BY: Diana Lozano, Senior Management Analyst
SUBJECT:

Image Trend Consultant Account Services

RECOMMENDATION
Approve an agreement with Image Trend, LLC for system account advisement services; and Authorize the City Manager to execute the Work Order Agreement.

PRIOR ACTION/VOTE
On June 1, 2021, the City Council of the City of Murrieta adopted Resolution No. 21-4402, authorizing the City to enter into an agreement with Image Trend for Fire incident records management software access. (Vote: 5- 0).

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

BACKGROUND
This agreement is for additional services related to the existing agreement with Image Trend, LLC. The City of Murrieta, Murrieta Fire & Rescue (MFR) currently uses the Image Trend, LLC system software for the department’sincident records management, which replaced the outdated Fire House system in 2021. The Riverside County EMS Agency (REMSA) mandates the use of the Image Trend as the sole approved electronic patient care platform for capturing incident response and patient care data. The Image Trend platform is an extensive data system that stores emergency medical services and fire suppression incidents.

The system is populated by the City’sdispatch system and regulates the call types and incident reporting, which requires close monitoring and an expert understanding of system adjustments to avoid data failure. The platform oversight is complex, and because of the growing volume of large data and system management skills, there is a need to have an Image Trend Advisement Consultant fill in the gaps for weekly troubleshooting, misdirected call types, and compliance reporting. In-house staff lack the expertise to manage the day-to-day incident reporting platform activities.

The initial term will be one (1) year with two (2) one-year options to extend with an annual 3% price escalation.

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Agenda Item No. 10.

The initial term will be one (1) year with two (2) one-year options to extend with an annual 3% price escalation.

The annual cost of the Image Trend advisement services is $20,800. The Image Trend advisement services will be paid from MFR’sOperating budget in account code 1113520-60480. The agreement commences March 1, 2024, ending February 28, 2025, with two (2) one-year extensions for a three-year term.

FISCAL IMPACT
Funding in the amount of $20,800 is available in Fiscal Year 2023/24 MFR’s Operating budget, account 1113520-60480 for system account advisement services. Funding beyond the current fiscal year will be included in future Biennial budget process.

ATTACHMENTS

1. Image Trend Work Order Agreement

2. Murrieta (CA) Sole Source Letter 2024
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1 WORK ORDER
Contract Details
Master Contract Number
(“Original Contract”)
00007632.0 Work Order Contract
Number
00008667.0
This Work Order (hereinafter referred to as this “Agreement” or “Work Order”) is binding as of the date executed by the last of the parties named below:

BETWEEN: ImageTrend, LLC a Minnesota corporation (hereinafter “ImageTrend”) AND: Murrieta Fire Department (hereinafter “Client”).

The Client and ImageTrend mutually agree to add the following Work Order items and changes between Murrieta Fire Department and ImageTrend,LLC.

1. The purpose of this Work Order is to add the following items as outlined below in the Price Sheet attachment.

2. New items as attached below will run on their own schedule per this Work Order unless otherwise specified on the line-items themselves. This Work Order’s term begins on March 1, 2024, through February 28, 2025. The client may elect to renew for one (1) additional 12-month term thereafter.

IN WITNESS WHEREOF: the undersigned parties, each having authority to bind their respective organizations, hereby agree.

Client ImageTrend
Signature:{{*Sig1_es_:signer1:signature}}

Signature: {{*Sig2_es_:signer2:signature:prefill}}
Print Name: {{*N1_es_:signer1:fullname}}

Print Name: {{*N2_es_:signer2:fullname:prefill}}
Title: {{*Ttl1_es_:signer1:title}} Title: {{*Ttl2_es_:signer2:title:prefill}} Date: {{*Dte1_es_:signer1:date}} Date: {{*Dte1_es_:signer2:date:prefill}}

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2 PRICE SHEET AND WORK ORDER ATTACHMENT
The prices below are based on the following SaaS transaction volumes, as provided by Client:
9,000 Incidents annually

Recurring Fees
Description SKU Unit Price Qty Extended Amount
Account Advisement Services Level 1 ELT.006.003.011 $20,800.00 1 $20,800.00 Total Recurring Fees: $20,800.00
TOTAL YEAR 1: $20,800.00
Send Invoices To:

Dawn Morrison
[email protected]
41825 Juniper ST
Murrieta, California 92562-7200
Payment Terms:

1. “Recurring Fees” are annual fees which are due upon contract signature and recur each year.

2. The Recurring Fees will escalate in price annually by 3% beginning on 03/01/2025 and each year thereafter.

3. ImageTrend may temporarily suspend performance (e.g. cease to provide access, hosting, support) due to Client’s breach of contract provided Client shall have 30 days to cure such breach before ImageTrend may suspend performance.

4. ImageTrend may charge to Client a late fee of 1.5% per month, or the highest rate allowed under the law, whichever is lower, on any overdue amounts. Client also agrees ImageTrend may charge to Client all reasonable costs and expenses of collection, including attorneys' fees where, in ImageTrend’s discretion, payments are consistently deficient or late.

5. All Annual SaaS Fees are based upon anticipated transaction volumes (as provided by Client) and are subject to an annual usage audit. ImageTrend reserves the right to increase fees in accordance with increased transaction volume per the Unit Price listed in the tables above.

6. ImageTrend will not be responsible for third-party fees related to this Agreement unless specifically outlined by this Agreement.
294
20855 Kensington Blvd., Lakeville, MN 55044
Phone: (952) 469-1589 | Toll Free: (888) 469-7789 | Fax: (952) 985-5671 www.ImageTrend.com

February 8, 2024

Sent via email to: [email protected]

Diana Lozano-Garcia, DBA, MBA, GCAC
Senior Management Analyst
City of Murrieta, Murrieta Fire & Rescue

RE: ImageTrend Sole Source
Dear Diana,
Thank you for your recent sole source inquiry. The ImageTrend Elite™ solution is developed, distributed and supported exclusively by ImageTrend, LLC. This product is copyrighted and trademarked.

ImageTrend’s suite of solutions allows for native interoperability of the system’s platform.

ImageTrend employs service personnel through our unique Account Advisement program that specializes in the configuration and management of our proprietary system, helping you meet department initiatives and community goals. The Account Advisor partners with your stakeholders to ensure that the ImageTrend software delivers an all- encompassing solution in support of greater community goals.

ImageTrend is the only company to offer a fully integrated EMS/Fire solution compatible with NEMSIS v3/NFIRS that incorporates both mobile-device compatibility from the ground up and the ability to host the Elite system database in the ImageTrend certified hosting environment. The Elite solution is scalable within one system to handle millions of incidents with thousands of users annually. Its unique security concept and enterprise design allows for multiple tiered, secure usage and views by individual services, regional groups and state entities all within one system. The Elite solution offers drag and drop Form Template configuration to manage system-wide, regionally or specific to agency’s workflow and easy to create validation rules to meet state or agency documentation standards.

As the sole source vendor of this software, we distribute on a use license basis and offer beneficiary escrow accounts. All data obtained and maintained within the application is proprietary to and owned by the licensed user. ImageTrend does not distribute the source code to any other vendors or resellers; therefore, development, modification or implementation of Elite and its modules and extensions can only be performed by ImageTrend, LLC.

295
20855 Kensington Blvd., Lakeville, MN 55044
Phone: (952) 469-1589 | Toll Free: (888) 469-7789 | Fax: (952) 985-5671 www.ImageTrend.com

Please feel free to contact us at 1-888-469-7789 if you need any further information.

Sincerely,

Joe Graw
Chief Growth Officer
20855 Kensington Blvd.

Lakeville, MN 55044
Phone: (952) 469 - 1589
Fax: (952) 469 - 5671
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CITY OF MURRIETA
City Council Meeting Agenda
Report
4/2/2024
Agenda Item No. 11.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Anthony Conrad, Police Chief
PREPARED BY: Dawnn Jackson, Management Analyst - Administration SUBJECT:

Delayed Purchase and Upfitting of Police Vehicles from FY 2022/23 Budget

RECOMMENDATION
Approve the purchase of three police vehicles from Phil Long Dealerships, Inc.; and Approve an additional appropriation of $15,641.67 from the Supplemental Law Enforcement Fund (Fund 411) for this purchase in the Fiscal Year 2023/24 Operating Budget.

PRIOR ACTION/VOTE
On June 1, 2021, the City Council approved Resolution 21-4405, adopting the City’sOperating Budget for Fiscal Years 2021/22 and 2022/23 (Vote 5-0).

On February 7, 2023, the City Council approved the purchase of eight police vehicles and the associated purchase and installation of emergency equipment (Vote: 5-0).

On June 6, 2023, the City Council approved Resolution No. 23-4671, adopting the City’sOperating Budget for Fiscal Years 2023/24 and 2024/25 (Vote: 4-0-1).

On December 5, 2023, the City Council approved the amendment of the Fiscal Year 2023/24 Operating Budget to include the Fiscal Year 2022/23 Rollovers and appropriate the Unassigned Fund Balance (Vote 5- 0).

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

BACKGROUND
On February 7, 2023, the City Council authorized the Murrieta Police Department (PD) to purchase eight police vehicles from 72-Hour LLC and upfit them with American Emergency Products (AEP). After this approval, the PD ordered eight (8) 2023 Ford Explorer EcoBoosts from 72-Hour LLC. Unfortunately, due to a shortage of Ford Explorer EcoBoosts, the PD has still not received any of these vehicles, and we have now been informed that 72-Hour LLC can only guarantee five (5) of the eight (8) requested vehicles. Even though CITY OF MURRIETA Printed on 3/29/2024Page 1 of 2
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4/2/2024
Agenda Item No. 11.
been informed that 72-Hour LLC can only guarantee five (5) of the eight (8) requested vehicles. Even though the five (5) vehicles we expect to receive from 72-Hour LLC will now be 2024 models, 72-Hour LLC has agreed not to increase the purchase price. However, this has forced the PD to find other dealerships that can supply three Ford Explorers to complete our fleet purchase for FY 2022/23.

Phil Long Ford dealership of Denver (Phil Long) supplies Ford Explorers to the County of Riverside Sheriff’s Department and is a part of The Interlocal Purchasing System (TIPS), which is a government cooperative purchasing program. Phil Long has confirmed they have three (3) 2024 Ford Explorer EcoBoosts that they will hold and ship to Murrieta PD. The per-unit purchase price of $54,511.06 was approved on February 7, 2023.

The three (3) vehicles from Phil Long will cost $56,974.13 each, which includes taxes and transport (Attachments 1-2). The total additional cost of $7,389.21 is needed to purchase the three (3) remaining vehicles.

Due to the change in the model of these three (3) vehicles, the upfitting costs have also increased by $2,750.82 per unit (Attachment 3). This will result in a total additional cost of $8,252.46 to upfit these vehicles.

Section 3.08.295 of the Municipal Code authorizes the City to join with other public and quasi-public agencies in a cooperative purchasing program for the purchase of supplies, services, and/or equipment from a vendor at a price established by another public agency when the other public agency has made its purchase in a competitive manner. Police staff have confirmed that the above-requested procurements and associated agreements comply with the Municipal Code provisions.

FISCAL IMPACT
Staff requests that the City Council approve an additional appropriation of $15,641.67 from 411 the Supplemental Law Enforcement Fund (Fund 411) in the FY 2023/24 Operating Budget account 4110030- 71060 (vehicles) to cover the additional cost of the vehicles. $163,533.18 is available in the General Fund 1103120-71060 operating budget account for the remainder of the purchase costs.

ATTACHMENTS

1. Quote from Phil Long of Denver ref. TIPS contract

2. TIPS Contract

3. Updated Upfitting Quote from AEP
CITY OF MURRIETA Printed on 3/29/2024Page 2 of 2
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QUOTE NUMBER 011924-2
QUOTE DATE January 30, 2024
Agency PO #.

CES PO#
TERMS Due on Receipt
SALES REP Herman Sanchez
QUOTE TO: Murrieta Police Department SHIPPED VIA Driver ATTN: Lt. Don Weller F.O.B.

PREPAID or COLLECT
2024 Ford Police Explorer Interceptor Eco- Boost Exterior: Agate Black

QUANTITY DESCRIPTION UNIT PRICE AMOUNT
3 52,090.00 $156,270.00
Engine Idle, Reverse Sensing, BLIS, Global Unlock, Keyless Entry) 3 Available Government Discount (1,500.00) ($4,500.00)
3 Transport To: AEP-CA 10729 Wheatlands Ave 1,800.00 $5,400.00 Santee, CA 92071
** Vehicles will not come with hubcaps, due to manufacturer no longer making hubcaps **
157,170.00
Proposal valid for 30 Days
$157,170.00
DIRECT ALL INQUIRIES TO: Phil Long Ford of Denver Total Herman Sanchez 7887 W. Tufts Ave. AMOUNT
(505) 250-9388 Denver, CO 80123
email: [email protected]
THANK YOU FOR YOUR BUSINESS!
PRICE AGREEMENT : T.I.P.S. (The Interlocal Purchasing System) Additional Information:

Ford Utility Interceptor, Mid Size, four Door, AWD Police Pursuit Rated (Incl. Dark Car Feature, Driver Side Spotlight, Backup Camera, Police $157,170.00 (0.0875) = $13,752.375 taxes
$157,170 + $13,752.375 = $170,922.38 total
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TIPS VENDOR AGREEMENT

Between_____________ and
(Company Name)

THE INTERLOCAL PURCHASING SYSTEM (TIPS),
a Department of Texas Education Service Center Region 8 for TIPS RFP 220304 Transportation Vehicles

General Information

The Vendor Agreement (“Agreement”) made and entered into by and between The Interlocal Purchasing System (hereinafter “TIPS”) a government cooperative purchasing program authorized by the Region 8 Education Service Center, having its principal place of busines s at 4845 US Hwy 271 North, Pittsburg, Texas 75686 and the TIPS Vendor. This Agreement consists of the provi sions set forth below, including provisions of all attachments referenced herein. In the event of a conflic t between the provisions set forth below and those contained in any attachment, the provisions set forth sha ll control unless otherwise agreed by the parties in writing and by signature and date on the attachment.

A Purchase Order (“PO”), Agreement or Contract is the TIPS Memb er’s approval providing the authority to proceed with the negotiated delivery order under the Agreement. Special terms and conditions as agreed between the Vendor and TIPS Member should be added as addendums to the Purchase Order, Agreement or Contract. Items such as certificate of insurance, bonding re quirements, small or disadvantaged business goals are some, but not all, of the possible addendums.

Terms and Conditions

Freight
All quotes to Members shall provide a line item for cost for freight or shipping regardless if there is a charge or not. If no charge for freight or shipping, indicate by stating “No Charge”, “$0”, “included in price” or other similar indication. Otherwise, all shipping, freight or deliver y changes shall be passed through to the TIPS Member at cost with no markup and said charges shall be agreed by the TIPS Member unless alternative shipping terms are agreed by TIPS as a result of the proposal award. Shipping method is determined by the vendor and the Member/Customer at the time of the quote/purchas e by the Member/Customer and satisfactory shipping methods and costs are agreed upon at that time.

Warranty Conditions
All new supplies equipment and services shall include manufacturer's minimum standard warranty unless otherwise agreed to in writing. Vendor shall be legally permitt ed to sell all products offered for sale to TIPS Members if the offering is included in the Request for Proposal (“RFP”) category. All goods proposed and sold shall be new unless clearly stated in writing.

Phil Long Dealership, Inc.
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Customer Support
The Vendor shall provide timely and accurate customer support f or orders to TIPS Members as agreed by the Parties. Vendors shall respond to such requests within a co mmercially reasonable time after receipt of the request. If support and/or training is a line item sold or packaged with a sale, support shall be as agreed with the TIPS Member.

Agreements
Agreements for purchase will normally be put into effect by means of a contract, agreem ent, or purchase order(s) executed by authorized agents of the TIPS Member parti cipating government entities, but other means of placing an order may be used at the Member’s discretio n. Vendor accepts and understands that when a purchase order or similar purchase document is sent from a customer through TIPS to the Vendor, TIPS is recording the purchase and verifying whether the purcha se is within the parameters of the TIPS Contract only. Vendor agrees that TIPS is not a legal party to the purchase order or similar purchase document and TIPS is not responsible for identifying fraud, mis takes, or misrepresentations for the specific order. Vendor agrees that any purchase order or similar purcha se document issued from a customer to Vendor, even when processed through TIPS, constitutes a legal contract between the customer and Vendor only. A Vendor that accepts a purchase order or similar purchase document and fulfills an order, even when processed through TIPS, is representing that the vendor has carefully reviewed the purchase order or similar purchase document for legality, authenticity, and accuracy.

Tax exempt status
Most TIPS Members are tax exempt and the related laws and/or regulations of the controlling jurisdiction(s) of the TIPS Member shall apply.

Assignments of Agreements
No assignment of this Agreement may be made without the prior n otification of TIPS. Written approval of TIPS shall not be unreasonably withheld. Payment for delivered goods and services can only be made to the awarded Vendor, Vendor designated reseller or vendor assigned company, where permitted by TIPS.

Disclosures
x Vendor and TIPS affirm that they, or any authorized employees o r agents, have not given, offered to give, nor intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement.

x Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interes t in doing business with the TI PS program.

x The Vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone t o obtain information or gain any favoritism that would in any way limit competition or give an u nfair advantage over other vendors in the award of this Agreement.

Term of Agreement and Renewals
Regardless of the Award Date, the term of this Agreement shall end November 30, 2024 with an option for renewal for an additional one consecutive year. If TIPS offers the renewal extension year, the Vendor will be notified by email to the primary contact of the awarded Vendor and shall be deemed accepted by the Vendor unless the awarded Vendor notifies TIPS of its objection to the additional term in writing. TIPS may or may not 301

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e x e r c i s e s o m e o r a l l o f t h e a v a i l a b l e e x t e n s i o n ( s ) p r o v i d e d i n the original solicitation beyond the base term.

Whether or not to offer some or all of the extension is at the sole discretion of TIPS.

Extensions: Any extensions of the original term shall begin on the next day after the day the original term expires unless otherwise specified.

Example: In this example, if the termination date of the contract is Nov ember 30, 2024, if TIPS offers a one-year extension, the expiration of the extended term shall be Novembe r 30, 2025 unless otherwise specified.

TIPS may offer to extend Vendor Agreements to the fullest exten t the original Solicitation permits.

Automatic Renewal Clauses Incorporated in Awarded Vendor Agreem ents with TIPS Members Resulting from the Solicitation and with the Vendor Named in this Agreement.

No Agreement for goods or services with a TIPS Member by the aw arded vendor named in this Agreement that results from the solicitation award named in this Agreemen t, may incorporate an automatic renewal clause that exceeds month to month terms with which the TIPS Me mber must comply. All renewal terms incorporated in an Agreement by the vendor with the TIPS Member shall only be valid and enforceable when the vendor receives written confirmation by purchase order, exe cuted Agreement or other written instruction issued by the TIPS Member for any renewal period. The purpose of this clause is to avoid a TIPS Member inadvertently renewing an Agreement during a period in w hich the governing body of the TIPS Member has not properly appropriated and budgeted the funds to satisfy the Agreement renewal. This term is not negotiable and any Agreement between a TIPS Member and a TIPS awarded vendor with an automatic renewal clause that conflicts with these terms is rendered void and unenforceable.

Shipments
The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shal l provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.

Invoices
Each invoice or pay request shall include the Vendor’s TIPS Con tract number, the TIPS Member’s purchase order number or other identifying designation as provided in the order by the TIPS Member. If applicable, the shipment tracking number or pertinent information for verificat ion of TIPS Member receipt shall be made available upon request.

Payments
The TIPS Member will make payments directly to the Vendor, the Vendor Assigned Dealer or as agreed by the Vendor and the TIPS Member after receiving invoice and in c ompliance with applicable payment statute(s), whichever is the greater time or as otherwise provided by an agreement of the parties.

Pricing
Price increases will be honored according to the terms of the s olicitation and vendor proposal. All pricing submitted to TIPS shall include the participation fee, as provided in the solicitation, to be remitted to TIPS by the Vendor. Vendor will not show adding the fee to the invoice presented to TIPS Member customer.

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The Participation Fee that was published as part of the Solicitation and the fee published is the legally effective fee, along with any fee conditions stated in the Solicitation. Collection of the fees by TIPS is required under Texas Government Code §791.011 Et seq. Fees are due on all TIPS purchases reported by either Vendor or Member. Fees are due to TIPS upon payment by the Member to the Vendor, Reseller or Vendor Assigned Dealer. Vendor, Reseller, or Vendor Assigned Dealer agrees tha t the participation fee is due to TIPS for all Agreement sales immediately upon receipt of payment including p artial payment, from the Member Entity and must be paid to TIPS at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently, or as otherwise agreed by TIPS in writing and signed by an authorized signatory of TIPS.

Thus, when an awarded Vendor, Reseller or Vendor Assigned Deale r receives any amount of payment, even partial payment, for a TIPS sale , the legally effective fee for that amount is immediately due to TIPS from the Vendor and fees due to TIPS should be paid at least on a monthly basis, specifically within 31 calendar days of receipt of payment, if not more frequently.

Reporting of Sales to TIPS by Vendor
Vendor is required to report all sales under the TIPS contract to TIPS. When a public entity initiates a purchase with a TIPS Awarded Vendor, if the Member inquires verbally or in writing whether the Vendor holds a TIPS Contract, it is the duty of the Vendor to verify whether or not the Member is seeking a TIPS purchase. Once verified, the Vendor must include the TIPS Contract number on a ny communications and related sales documents exchanged with the TIPS Member entity. To report sales, the Vendor must login to the TIPS Vendor Portal online at https://www.tips-usa.com/vendors_form.cfm and click on the PO’s and Payments tab. Pages 3-7 of the Vendor Portal User Guide will walk you through the process of reporting sales to TIPS. Please refer to the TIPS Accounting FAQ’s for more information about reporting sales and if you have fur ther questions, contact the Accounting Team at [email protected]. The Vendor or vendor assigned dealers are responsible for keeping record of all sales that go through the TIPS Agreement and submitting same to TIPS.

Failure to properly report or render the participation fee to T IPS shall constitute a breach of this agreement with our parent governmental entity, Texas Education Service Ce nter Region 8, as established by the Texas legislature and shall be grounds for termination of this agreem ent and any other agreement held with TIPS and possible legal action. Any overpayment of participation fee s to TIPS by a Vendor will be refunded to the Vendor within ninety (90) days of receipt of notification if TIPS receives written notification of the overpayment not later than the expiration of six (6) months from the date o f overpayment and TIPS determines that the amount was not legally due to TIPS pursuant to this agreement a n d a p p l i c a b l e l a w . I t i s t h e V e n d o r ’ s responsibility to identify which sales are TIPS Agreement sales and pay the correct participation fee due for TIPS Agreement sales. Any notification of overpayment received by TIPS after the expiration of six (6) months from the date of overpayment will be non-refundable. Region 8 ESC and TIPS reserve the right to extend the six (6) month deadline to notify if approved by the Region 8 ES C Board of Directors. TIPS reserves all rights under the law to collect the fees due. Please contact TIPS at t [email protected] or call (866) 839-8477 if you have questions about paying fees.

Indemnity
The Vendor agrees to indemnify and hold harmless and defend TIPS, TIPS Member(s), officers and employees from a nd against all claims an d suits by thir d parties for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney’s fees, arising out of, or resulting from, Vendor’s performance under this Agreement, i ncluding all such causes of action based upon common, constitutional, or statutory law, or based in whol e or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, em ployees, agents, subcontractors, licensees, or invitees. Parties found liable shall pay their proportionate sh are of damages as agreed by the parties or as ordered by a court of competent jurisdiction over the case. NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE PERMITTED OR AGREED BY TIPS/ESC REGION 8. Per 303

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Texas Education Code §44.032(f), and pursuant to its requiremen ts only, reasonable Attorney’s fees are recoverable by the prevailing party in any dispute resulting in litigation.

State of Texas Franchise Tax
By signature hereon, the Vendor hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code.

Miscellaneous
The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in th e Program at any time with or without cause. Nothing in the Agreement or in any other communication b etween TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.

Purchase Order Pricing/Product Deviation
If a deviation of pricing/product on a Purchase Order or contra ct modification occurs between the Vendor and the TIPS Member, TIPS must be notified within five (5) business days of receipt of change order.

Termination for Convenience of TIPS Agreement Only
TIPS reserves the right to terminate this agreement for cause or no cause for convenience with a thirty (30) days prior written notice. Termination for convenience is conditionally required under Federal Regulations 2 CFR part 200 if the customer is using federal f unds for the pro curement. All purchase orders presented to the Vendor, but not fulfilled by the Vendor, by a TIPS Member p rior to the actual termination of this agreement shall be honored at the option of the TIPS Member. Th e awarded Vendor may terminate the agreement with ninety (90) days prior written notice to TIPS 4 845 US Hwy North, Pittsburg, Texas 75686.

The vendor will be paid for goods and services delivered prior to the termination provided that the goods and services were delivered in accordance with the terms and co nditions of the terminated agreement.

This termination clause does not affect the sales agreements executed by the Vendor and the TIPS Member customer pursuant to this agreement. TIPS Members may negotiate a termination for convenience clause that meets the needs of the transaction based on applicable fac tors, such as funding sources or other needs.

TIPS Member Purchasing Procedures
Usually, purchase orders or their equal are issued by participating TIPS Member to the awarded vendor and should indicate on the order tha t the purchase is per the appli cable TIPS Agreement Number. Orders are typically emailed to TIPS at [email protected].
• Awarded Vendor delivers goods/services directly to the partici pating member. • Awarded Vendor invoices the participating TIPS Member directly . • Awarded Vendor receives payment directly from the participatin g member. • Fees are due to TIPS upon payment by the Member to the Vendor. Vendor agrees to pay the participation fee to TIPS for a ll Agreement sales upon receipt of payment including partial payment, f r o m t h e M e m b e r E n t i t y o r a s o t h e r w i s e a g r e e d b y T I P S i n w r i t i ng and signed by an authorized signatory of TIPS.

Licenses
Awarded Vendor shall maintain, in current status, all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded Vendor. Awarded Vendor shall remain reasonably fully informed of and in compliance with all ordinan ces and regulations pertaining to the lawful 304

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provision of goods or services under the Agreement. TIPS and TIPS Members reserves the right to stop work and/or cancel an order or terminate this or any other sales Agreement of any awarded Vendor whose license(s) required for performance under this Agreement have expired, lapsed, are suspended or terminated subject to a 30-day cure period unless pr ohibited by applicable statue or regulation.

Novation
If awarded Vendor sells or transfers all assets, rights or the entire portion of the assets or rights required to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change th e Agreement obligations of awarded vendor. TIPS will consider Contr act Assignments on a case by ca se basis. TIPS must be notified within five (5) business days of the tran sfer of assets or rights.

Site Requirements (only when applicable to service or job) Cleanup: When performing work on site at a TIPS Member’s property, awa rded Vendor shall clean up and remove all debris and rubbish resulting from their work as requ ired or directed by TIPS Member or as agreed by the parties. Upon completion of work, the premises shall be left in good repair and an orderly, neat, clean and unobstructed condition.

Preparation: Awarded Vendor shall not begin a project for which TIPS Member has not prepared the site, unless awarded Vendor does the preparation work at no cost, or until T IPS Member includes the cost of site preparation in a purchase order. Site preparation includes, bu t is not limited to: moving furniture, installing wiring for networks or power, and similar pre-installation requirements.

Registered sex offender restrictions: For work to be performed at schools, awarded Vendor agrees tha t no employee of a subcontractor who has been adjudicated to be a re gistered sex offender will perform work at any time when students are, or reasonably expected to be, prese nt unless otherwise agreed by the TIPS Member. Awarded Vendor agrees that a violation of this conditio n shall be considered a material breach and may result in the cancellation of the purchase order at the TIP S Member’s discretion. Awarded Vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.

Safety Measures
Awarded Vendor shall take all reasonable precautions for the sa fety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage.

Smoking
Persons working under Agreement shall adhere to the TIPS Member ’s or local smoking statutes, codes or policies.

Marketing
Awarded Vendor agrees to allow TI PS to use their name and logo within TIPS website, marketing materials and advertisement subject to any reasonable restrictions provid ed to TIPS in the Proposal to the Solicitation. The Vendor may submit an acceptable use directive for Vendor’s names and logos with which TIPS agrees to comply. Any use of TIPS name and logo or any for m of publicity, inclusive of press release, regarding this Agreement by awarded vendor must have prior appr oval from TIPS which will not be 305

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unreasonably withheld. Request may be made by email to TIPS@TIP S-USA.COM.

Supplemental Agreements
The TIPS Member entity participating in the TIPS Agreement and awarded Vendor may enter into a separate Supplemental Agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement such as but not limited t o, invoice requirements, ordering requirements, specialized delivery, etc. Any Supplemental Agree ment or contract developed as a result of this Agreement is exclusively between the TIPS Member entity cu stomer and the Vendor. TIPS, its agents, TIPS Members and employees not a party to the Supplemental Agreement with the TIPS Member customer, shall not be made party to any claim for breach of such agreeme nt unless named and agreed by the Party in question in writing in the agreement. If a Vendor submitting a P r o p o s a l r e q u i r e s T I P S a n d / o r T I P S Member to sign an additional agreement, those agreements shall comply with the award made by TIPS to the Vendor. Supplemental Vendor’s Agreement documents may not b ecome part of TIPS’ Agreement with Vendor unless and until an authorized representative of TIPS re views and approves it. TIPS review and approval may be at any time during the life of this Vendor Agre e m e n t . T I P S p e r m i t s T I P S M e m b e r s t o negotiate additional terms and conditions with the Vendor for t he provision of goods or services under the Vendor’s TIPS Agreement so long as they do not materially confl ict with this Agreement.

Survival Clause
All applicable sales, leases, Supplemental Agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and TIPS or the TIPS Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by TIPS or a TIPS Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions ag reed by the parties or as otherwise specified herein relating to termination of this agreement.

Legal obligations
It is the responding Vendor’s responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in the appli cable Solicitation that resulted in this Vendor Agreement and any awarded Agreement thereof. Applicable laws and regulations must be followed even if not specifically identified herein.

Audit rights
Due to transparency statutes and public accountability requirem ents of TIPS and TIPS Members’, the awarded Vendor shall, at their sole expense, maintain appropria te due diligence of all purchases made by TIPS Member that utilizes this Agreement. TIPS and Region 8 ESC each reserve the right to audit the accounting of TIPS related purchases for a period of three (3) years from the time such purchases are made.

This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. In order to ensure and confirm compliance with this agreement, TIPS shall have authority to conduct audits of Awarded Vendor’s pricing or TIPS transaction documentation with TIPS Members with 30 days’ notice unless the audit is ordered by a Court Order or by a Government Agency with authority to do so without notice. Notwithstanding the foregoin g, in the event that TIPS is made aware of any pricing being offered to eligible entities that is material ly inconsistent with the pricing under this agreement, TIPS shall have the ability to conduct the audit int ernally or may engage a third- party auditing firm to investigate any possible non- compliant conduct or may terminate the Agreement according to the terms of this Agreement. In the event of an audit, the requeste d materials shall be reasonably provided in 306

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the time, format and at the location acceptable to Region 8 ESC or TIPS. TIPS agrees not to perform a random audit the TIPS transaction documentation more than once per calendar year, but reserves the right to audit for just cause or as required by any governmental agency or court with regulatory authority over TIPS or the TIPS Member.

Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give not ice and full particulars of Force Majeure in writing to the other party within a reasonable time after occur rence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overc ome such inability with all reasonable dispatch.

Choice of Law
The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be gove rned by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles.

Venue, Jurisdiction and Service of Process
Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclus ive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidenc e of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waiv e any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Titus County, Texas.

Project Delivery Order Procedures
The TIPS Member having approved and signed an interlocal agreem ent, or other TIPS Membership document, may make a request of the awarded Vendor under this Agreement when the TIPS Member desires goods or services awarded to the Vendor. Notification may occur via phone, the web, courier, email, fax, or in person. Upon notification of a pending request, the awarded Vendor shall acknowledge the TIPS Member’s request as soon as possible, but must make contact wit h the TIPS Member within two working days.

Status of TIPS Members as Related to Vendors Contract Information TIPS Members stand in the place of TIPS as related to this agre ement and have the same access to the proposal information and all related documents. TIPS Members have all the same rights under the awarded Agreement as TIPS.

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Vendor’s Resellers as Related to This Agreement
Vendor’s Named Resellers (“Resellers”) under this Agreement shall comply with all terms and conditions of this agreement and all addenda or incorporated documents. All a ctions related to sales by Authorized Vendor’s Resellers under this Agreement are the responsibility of the awarded Vendor. If Resellers fail to report sales to TIPS under your Agreement, the awarded Vendor is responsible for their contractual failures and shall be billed for the fees. The awarded Vendor may then recover the fees from their named reseller as the law allows.

Support Requirements
If there is a dispute between the awarded Vendor and TIPS Member, TIPS or its representatives may, at TIPS sole discretion, assist in conflict resolution if requested by either party. TIPS, or its representatives, reserve the right to inspect any project and audit the awarded Vendor’s TIPS project files, documentation and correspondence related to the requesting TIPS Member’s order. If there are confidentiality requirements by either party, TIPS shall comply to the extent permitted by law.

Incorporation of Solicitation
The TIPS Solicitation which resulted in this Vendor Agreement, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor’s response to same, and all associated documents and forms made part of th e solicitation process, including any addenda, are hereby incorporated by reference into this Agreement as if copied verbatim.

SECTION HEADERS OR TITLES

THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GU IDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT.

STATUTORY REQUIREMENTS
Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270.

By executing this agreement, you certify that you are authorize d to bind the undersigned Vendor and that your company (1) does not boycott Israel; and (2) will not boyc ott Israel during the term of the Agreement.

You certify that your company is not listed on and does not and will not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terrorist.pdf

You certify that if the certified statements above become untrue at any time during the life of this Agreement that the Vendor will notify TIPS within three (3) business day of the change by a letter on Vendor’s letterhead from and signed by an authorized representative of the Vendor stating the non-compliance decision and the TIPS Agreement number and description at:

Attention: General Counsel
ESC Region 8/The Interlocal Purchasing System (TIPS)
4845 Highway 271 North
Pittsburg, TX,75686
And by an email sent to [email protected]

Insurance Requirements
308

TIPS Vendor Agreement 021522_sr Page 10

The undersigned Vendor agrees to maintain the below minimum ins urance requirements for TIPS Contract Holders:

General Liability $1,000,000 each Occurrence/ Aggregate Automobile Liability $300,000 Includes owned, hired & non-owned Workers' Compensation Statutory limits for the jurisdiction in which the Vendor performs under this Agreement.

Umbrella Liability $1,000,000

When the Vendor or its subcontractors are liable for any damage s or claims, the Vendor’s policy, when the Vendor is responsible for the claim, must be primary over any o ther valid and collectible insurance carried by the Member. Any immunity available to TIPS or TIPS Members s hall not be used as a defense by the contractor's insurance policy. The coverages and limits are to be considered minimum requirements and in no way limit the liability of the Vendor(s). Insurance shall be written by a carrier with an A-; VII or better rating in accordance with current A.M. Best Key Rating Guide. Only deductibles applicable to property damage are acceptable, unless proof of retention funds to cover said deductibles is provided. "Claims made" policies will not be accepted. Vendor’s required minimum covera ge shall not be suspended, voided, cancelled, non-renewed or reduced in coverage or in limits unle s s r e p l ac e d b y a p o li c y t h a t p r o vi d e s t h e minimum required coverage except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to TIPS or the TIPS Member if a project or pending delivery of an order is ongoing.

Upon request, certified copies of all insurance policies shall be furnished to the TIPS or the TIPS Member.

Special Terms and Conditions

• Orders: All Vendor orders received from TIPS Members must be emailed to TIPS at tipspo@tips- usa.com. Should a TIPS Member send an order directly to the Vendor, it is the Vendor’s responsibility to forward a copy of the order to TIPS at the email above withi n 3 business days and confirm its receipt with TIPS.
• Vendor Encouraging Members to bypass TIPS agreement: Encouraging TIPS Members to purchase directly from the Vendor or through another agreement, when the Member has requested using the TIPS cooperative Agreement or price, and thereby bypassing the TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in remov al of the Vendor from the TIPS Program.
• Order Confirmation: All TIPS Member Agreement orders are approved daily by TIPS and sent to the Vendor. The Vendor should confirm receipt of orders to the TIPS Member (customer) within 3 business days.
• Vendor custom website for TIPS: If Vendor is hosting a custom TIPS website, updated pricing when effective. TIPS shall be notified when prices change in accorda nce with the award. • Back Ordered Products : If product is not expected to ship within the time provided t o the TIPS Member by the Vendor, the Member is to be notified within 3 business days and appropriate action taken based on customer request.

The TIPS Vendor Agreement Signature Page is inserted here.

309
State Zip
Fax
Company Name
Address
City
Phone
Email of Authorized Representative
Name of Authorized Representative
Title
Signature of Authorized Representative
Date
TIPS Authorized Representative Name
Title
TIPS Authorized Representative Signature
Approved by ESC Region 8
Date
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David Fitts
Executive Director
e Signature
5-19-2022
310

NOTICE TO MEMBERS REGARDING ATTRIBUTE RESPONSES

TIPS VENDORS RESPOND TO ATTRIBUTE QUESTIONS AS PART OF TIPS COMPETITIVE SOLICITATION PROCESS. THE VENDOR’S RESPONSES TO ATTRIBUTE QUES TIONS ARE INCLUDED HEREIN AS “SUPPLIER RESPONSE.” PLEASE BE ADVISED THAT DEVIATIONS, IF ANY, IN VENDOR’S RESPONSE TO ATTRIBUTE QUESTIONS MAY NOT REFLECT VENDOR’S FINAL ATTRIBUTE RESPONSE, WHICH IS SUBJECT TO NEGOTIATIONS PRIOR TO AWARD. PLEASE CONTACT THE TIPS OFFICE AT 866-839- 8477 WITH QUESTIONS OR CONCERNS REGARDING VENDOR ATTRIBUTE RESPONSE DEVIATIONS. PLEASE KEEP IN MIND THAT TIPS DOES NOT PROVIDE LEG AL COUNSEL TO MEMBERS. TIPS RECOMMENDS THAT YOU CONSULT YOUR LEGA L

COUNSEL WHEN EXECUTING CONTRACTS WITH OR MAKING PURCHASES FROM TIPS VENDORS.

311
220304
Phil Long Ford of Denver
Supplier Response
Event Information
Number: 220304
Title: Transportation Vehicles
Type: Request for Proposal
Issue Date: 3/3/2022
Deadline: 4/18/2022 03:00 PM (CT)
Notes:

IF YOU ALREADY HOLD TIPS CONTRACT 210907 AUTOMOBILES
(“210907”) OR 200206 NEW BUSES AND OTHER TRANSPORTATION VEHICLES ("200206") OR 200207 USED BUSES AND OTHER
TRANSPORTATION VEHICLES ("200207") , YOU DO NOT NEED TO

RESPOND TO THIS SOLICITATION UNLESS YOU WISH TO HOLD

MULTIPLE TIPS CONTRACTS FOR THE SALE OF
TRANSPORTATION VEHICLES.

This solicitation is for transportation vehicles only. If you wish to propose parts and services for transportation vehicles, please respond to 220305 Transportation Vehicle Parts and Services.

Contact Information
Address: Region 8 Education Service Center
4845 US Highway 271 North
Pittsburg, TX 75686

Phone: +1 ( 866) 839-8477
Email: [email protected]

Phil Long Ford of Denver Information
Contact:

Address:

Rhett Butler
7887 W Tuffs Ave.

Denver, CO 80123
Phone: (505) 514-3552
Email: [email protected]
Web Address: phillongdenver.com
By submitting your response, you certify that you are authorized to represent and bind your company.

Rhett Butler [email protected]
Signature Email
Submitted at 4/18/2022 2:03:48 PM
Supplier Note
Supplier is Phil Long Dealerships, Inc. This contract will be administered by our Denver Branch, Phil Long Ford Denver, LLC.

Requested Attachments
Agreement Signature Form 220304 Agreement Signature F
If you have not taken exception or deviation to the agreement language in the solicitation attributes, download the AGREEMENT SIGNATURE FORM from the "ATTACHMENTS" tab. This PDF document is a fillable form. Download the document to your computer, fill in the requested company information, print the file, SIGN the form, SCAN the complet e
signed AGREEMENT SIGNATURE FORM, and upload here.

If you have taken exception to any of the agreement language and noted the exception in the deviations section of the attributes for the agreement, complete the AGREEMENT SIGNATURE FORM, but DO NOT SIGN until those deviations been negotiated and resolved with TIPS management. Upload the unsigned form here, because this is a required doc u
All Other Certificates W9 De
All Other Certificates (if applicable) must be scanned and uplo aded. If vendor has more than one other certification sc a one document. (PDF Format ONLY)
DO NOT UPLOAD encrypted or password protected files.

Pricing Form 2 220304 Pricing For
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested informat upload the completed spreadsheet.

DO NOT UPLOAD encrypted or password protected files.

Reference Form 220304 Reference_F
The vendor must download the References spreadsheet from the attachment tab, fill in the requested information and the completed spreadsheet. DO NOT UPLOAD encrypted or password protected files.

Conflict of
Interest Form

CIQ- ONLY

REQUIRED IF A

CONFLICT

EXISTS PER
THE

INSTRUCTIONS

DISCLOSURE OF CONFLICT OF INTEREST FORM - FILE ONLY IF THERE IS A CONFLICT TO REPO

ONLY REQUIRED IF A CONFLICT EXISTS PER THE INSTRUCTIONS Conflict of Interest Form for Vendors that are required to submit the form. The Conflict of Interest Form is included in t h documents or can be found at https://www.tips-usa.com/assets/do cuments/docs/CIQ.pdf.

Proposed Goods and Services 220304 Pricing For
Please upload one or more documents or sheets describing your offerings, line cards, catalogs, links to offerings OR li to your offerings that illustrate the catalog of proposed lines of goods and or services you carry and offer under this p r
It does not have to be exhaustive but should, at a minimum tell us what you are offering. It could be as simple as a she e your link to your online catalog of goods and services.

D/M/WBE Certification OPTIONAL No re
D/M/WBE Certification documentation may be scanned and uploaded if you desire to claim your status as one of the i d enterprises. (Disadvantaged Business Enterprise, Minority Business Enterprise and/or Woman Business Enterprise) If has more than one certification scan into one document. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files.

Warranty Factory Warran
Warranty information (if applicable) must be scanned and uploaded. (PDF Format ONLY) DO NOT UPLOAD encrypted or password protected files.

Vendor Agreement 220304 Vendor Agreem
The vendor must download the Vendor Agreement from the attachment tab, fill in the requested information and uploa d completed agreement.

DO NOT UPLOAD encrypted or password protected files.

Pricing Form 1 220304 Pricing For
The vendor must download the PRICING SPREADSHEET SHEET from the attachment tab, fill in the requested informat upload the completed spreadsheet.

DO NOT UPLOAD encrypted or password protected files.

Supplementary No re
Supplementary information may be scanned and uploaded. (Company information, brochures, catalogs, etc.) (PDF Fo r ONLY)
DO NOT UPLOAD encrypted or password protected files.

Logo and Other Company Marks CES National PLC-AEPALogo
If you desire, please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the Supplem e
secWion or anoWher nonreTXireG secWion XnGer Whe ³5esponse $WWachPenW´ WaE. Preferred Logo Format: 300 x 225 px - .eps, .jpeg preferred
Certification of Corporate Offerer Form- COMPLETE ONLY

IF OFFERER IS A CORPORATION

CERTIFICATION OF CORPORATE OFFERER FO

COMPLETE AND UPLOAD FORM IN ATTACHMENTS SECTION ONLY IF OFFERER IS A CORPORATION Disclosure of Lobbying Activities Standard Form LLL Disclosure_of_Lobbying_Activities_Standard_Form _ ONLY IF you answered "I HAVE Lobbied per above" to attribute #66, please download and complete and upload the St )orPLLL, ³GisclosXre )orP Wo 5eporW LoEE\ing,´ in Whe 5esponse aWWachPenWs secWion.

Confidentiality Claim Form 220304 CONFIDENTIALITY CLAIM FO REQUIRED CONFIDENTIALITY FORM. PLEASE READ CAREFULLY AND FOLLOW THE INSTRUCTIONS. Complete the according to your company requirements, make any desired attach ments and upload to the appropriate section under "Response Attachments" THIS FORM DETERMINES HOW ESC8/TIPS RESPONDS TO LEGAL PUBLIC INFORMATION REQUESTS.

Current W-9 Tax Form W9 De
You are required by TIPS to upload a current W-9 Internal Reven ue Service (IRS) Tax Form for your entity. This form w utilized by TIPS to properly identify your entity.

Response Attachments
W9 Daniels Long Chevorlet.pdf
W9 Daniels Long Chevrolet
W9 Phil Long Motors LLC.pdf
W9 Phil Long Motors (Dodge Ram Chrysler Jeep)
W9 Hyundai.pdf
W9 Hyundai
Bid Attributes
1 Yes - No
Disadvantaged/Minority/Women Business Enterprise - D/M/WBE/Fede ral HUBZone (Required by some participating governmental entities). Vendor certifies that their firm is a D /M/WBE or HUBZone? Vendor must upload proof of certifi Wo Whe ´5esponse $WWachPenWs´ D0:%( &(57I)I&$7(6 secWion.

NO
2 Yes - No
Historically Underutilized Business - HUB (Required by some par ticipating governmental entities) Vendor certifies tha t firm is a HUB as defined by the State of Texas at https://compt roller.texas.gov/purchasing/vendor/hub/.

Proof may be submitted. 9enGor PXsW XploaG prooI oI cerWiIicaWion Wo Whe ³5esponse $WWachPenWs´ +8% &(57I)I&$7( section.

No
3 Yes - No
The Vendor can provide services and/or products to all 50 US St ates? Yes
4 States Served:

If answer is NO to question #3, please list which states can be served. (Example: AR, OK, TX) No response
5 Company and/or Product Description:

This information will appear on the TIPS website in the company profile section, if awarded a TIPS contract. (Limit 75 0 characters.)
Phil Long Dealerships, Inc. Is in the top 100 dealer groups in the country. Prividing multiple brands for all governme n agencies.

6 Primary Contact Name
Primary Contact Name
Rhett Butler
7 Primary Contact Title
Primary Contact Title
National Fleet Sales Manager
8 Primary Contact Email
Primary Contact Email
[email protected]
9 Primary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5055143552
1 0
Primary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
No response
1 1
Primary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5055143552
1 2
Secondary Contact Name
Secondary Contact Name
1 3
Secondary Contact Title
Secondary Contact Title
1 4
Secondary Contact Email
Secondary Contact Email
1 5
Secondary Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example:
1 6
Secondary Contact Fax
Enter 10 digit phone number. (No dashes or extensions)
Example:

No response

1 7
Secondary Contact Mobile
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
1 8
Admin Fee Contact Name
Admin Fee Contact Name. This person is responsible for paying the admin fee to TIPS.

Rhett Butler
1 9
Admin Fee Contact Email
Admin Fee Contact Email
[email protected]
2 0
Admin Fee Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5055143552
2 1
Purchase Order Contact Name
Purchase Order Contact Name. This person is responsible for receiving Purchase Orders from TIPS.

Rhett Butler
2 2
Purchase Order Contact Email
Purchase Order Contact Email
[email protected]
2 3
Purchase Order Contact Phone
Enter 10 digit phone number. (No dashes or extensions)
Example: 8668398477
5055143552
2 4
Company Website
Company Website (Format - www.company.com)
Phillong.com
2 5
Entity D/B/A's and Assumed Names
Please identify all of your entity's assumed names and D/B/A's. Please note that you will be identified publicly by the name under which you responded to this solicitation unless you organize otherwise with TIPS after award.

Phil Long Ford of Denver, LLC / Daniels Long Chevrolet / Phil Long Dodge Jeep Chrysler Ram / Phil Long Hyundai o Chapel Hills LLC
2 6
Primary Address
Primary Address
7887 W Tufts Ave
2 7
Primary Address City
Primary Address City
Littleton

2 8
Primary Address State
Primary Address State (2 Digit Abbreviation)
CO
2 9
Primary Address Zip
Primary Address Zip
80123
3 0
Search Words:

Please list search words to be posted in the TIPS database about your company that TIPS website users might sear c Words may be product names, manufacturers, or other words associated with the category of award. YOU MAY NOT NON-CATEGORY ITEMS. (Limit 500 words) (Format: product, paper, construction, manufacturer name, etc.) Automobiles, Trucks, Chassis Cabs, Police Vehicles, sedans, electric vehicles, SUV, specialty Vehicles, Pickup Truck Vans, Specialty Vans, dump trucks, service trucks.
3 1
Do you want TIPS Members to be able to spend Federal grant funds with you if awarded? Is it your intent able to sell to our members regardless of the fund source, whether it be local, state or federal? Most of our members receive Federal Government grants or other funding and they make up a significant portion of t budgets. The Members need to know if your company is willing to sell to them when they spend federal budget funds their purchase. There are attributes that follow that include provisions from the federal regulations in 2 CFR part 200 Your answers will determine if your award will be designated as eligible for TIPS Members to utilize federal funds with company.

Do you want TIPS Members to be able to spend Federal funds, at the Member's discretion, with you? Yes
3 2
Yes - No
Certification of Residency (Required by the State of Texas) The vendor's ultimate parent company or majority owner:
(A) has its principal place of business in Texas;
OR
(B) employs at least 500 persons in Texas?
This question is required as a data gathering function for information to our members making purchases with awarde vendors. It does not affect scoring with TIPS.

No
3 3
Company Residence (City)
Vendor's principal place of business is in the city of? Littleton, CO
3 4
Company Residence (State)
Vendor's principal place of business is in the state of? CO

3 5
Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES O

THIS ATTRIBUTE QUESTION
Remember this is a MINIMUM discount percentage. So, be sure that the discount percentage inserted here can be a to ANY OFFERING OF GOODS OR SERVICES THROUGHOUT THE LIFE OF THE CONTRACT.

CAUTION: BE CERTAIN YOU CAN HONOR THIS MINIMUMDISCOUNT PERCENTAGE ON ANY OFFERED SERVICE O GOOD NOW OR DURING THE LIFE OF THE CONTRACT.

What is the MINIMUM percentage discount off of any item or service you offer to TIPS Members that is in your regul a
catalog (as defined in the solicitation specifications document), website, store or shelf pricing or when adding new g o services to your offerings during the life of the contract? The resulting price of any goods or services Catalog list pri c after this discount is applied is a ceiling on your pricing and not a floor because, in order to be more competitive in t h individual circumstance, you may offer a larger discount depending on the items or services purchased and the qua n time of sale. Please note that any specific greater discount offered for a particular product, brand, or service listed i n Vendor's proposal will control and Vendor will be required to honor that greater specific discount, in excess of the min discount, for that particular product, brand, or service for the life of the contract.

Must answer with a number between 0% and 100%.
0%
3 6
MINIMUM Discount Term
Does the vendor agree to at least offer, for the life of the Agreement, the Minimum Discount Percentage off list or ca t proposed by Vendor in response to the Attribute entitled "Discount Offered - CAUTION READ CAREFULLY BECAUSE VENDORS FREQUENTLY MAKE MISTAKES ON THIS ATTRIBUTE QUESTION"? TIPS will utilize this response to satis Long Term Cost scoring evaluation criteria. A "YES" answer will be awarded the maximum 10 points for this criterion o the 100 total points and a "NO" answer is awarded 0 points.

YES
3 7
Yes - No
If awarded on this TIPS Contract, for the duration of the Contract, Vendor agrees to provide, upon request, their the n current catalog pricing, as defined in the solicitation and below, to TIPS upon request for any goods and services off e Vendor's TIPS Contract.
"Catalog" means the available list of tangible personal property or services, in the most current listing, regardless of d during the life of the contract, that takes the form of a catalog, price list, schedule, shelf price or other form that:

A. is regularly maintained by the manufacturer or Vendor of an item; and B. is either published or otherwise available for insp ection by a customer during the purchase process; C. to which the minimum discount proposed by the propo sing Vendor may be applied.

YES
3 8
TIPS Administration Fee
By submitting a proposal, I agree that all pricing submitted to TIPS shall include the Administration Fee, as designate the solicitation or as otherwise agreed in writing which shall be remitted to TIPS by the Vendor, or the vendor's name d resellers, and as agreed to in the Vendor Agreement. I agree that the fee shall not and will not be added by the Ven d separate line item on a TIPS member invoice, quote, proposal or any other written communications with the TIPS me m

3 9
Yes - No
Vendor agrees to remit to TIPS the required administration fee or, if resellers are named, Vendor agrees to guarante e fee remittance by or for the reseller named by the vendor? 7IP6(6& 5egion  is reTXireG E\ 7e[as *oYernPenW &oGe †   Wo Ee coPpensaWeG Ior iWs ZorN anG WhXs, IailXre W o shall render your response void and it will not be considered.

Agreed
4 0
TIPS Administration Fee Paid by Vendor - Not Charged to Customer Vendor understands and agrees that it owes TIPS a TIPS Administ ration Fee (published in the RFP/RCSP docum every TIPS sale made under an awarded TIPS Contract. Vendor fu rther understands and agrees that Vendor shall pricing with this proposal which includes and accounts for the TIPS Administration Fee and shall never separately the TIPS Member Customer the TIPS fee or add the TIPS Administr ation Fee line item to an invoice or similar p u GocXPenW. 6XEPission oI Whis proposal is 9enGor¶s cerWiIicaWio n WhaW 9enGor agrees Wo Whis PanGaWor\ WerP. 4 1
Additional Discounts?
Do you offer additional discounts to TIPS members for large ord er quantities or large scope of work? Yes
4 2
Years in Business as Proposing Company
Years in business as proposing company?
75 4
3 Resellers:

Does the vendor have resellers that it will name under this con tract? Resellers are defined as other companies that s your products under an agreement with you, the awarded vendor o f TIPS.

EXAMPLE: BIGmart is a reseller of ACME brand televisions. If ACME were a TIPS awarded vendor, then ACME would BIGmart as a reseller.
(If applicable, Vendor should add all Authorized Resellers with in the TIPS Vendor Portal upon award).

No
4 4
Right of Refusal
The proposing vendor has the right not to sell under the awarde d agreement with a TIPS member at vendor's discre t unless required by law.

4 5

NON-COLLUSIVE BIDDING CERTIFICATE
By submission of this bid or proposal, the Bidder certifies tha t:
1) This bid or proposal has been independently arrived at without collusion with any other Bidder or with any Compet 2) This bid or proposal has not been knowingly disclosed and will not be knowingly disclosed, prior to the opening of or proposals for this project, to any other Bidder, Competitor or potential competitor:
3) No attempt has been or will be made to induce any other person, partnership or corporation to submit or not to su b bid or proposal;
4) The person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statements contained in this certification, and under the penalties being applicable to the Bidder as well as to the pe r
signing in its behalf.

Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. 4 6
CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ - Do you have any CONFLICT OF INTEREST T O REPORT OR DISCLOSE under this statutory requirement?
Do you have any CONFLICT OF INTEREST TO REPORT OR DISCLOSE under this statutory requirement? YES or N If you have a conflict of interest as described in this form or the Local Government Code Chapter 176, cited therein- y are required to complete and file with TIPS.

The Form CIQ is one of the attachments to this solicitation.

There is an optional upload for this form provided if you have a conflict and must file the form No
4 7
Filing of Form CIQ
If yes (above), have you filed a form CIQ by uploading the form to this RFP as directed above? No response
4 8
Regulatory Standing
I certify to TIPS for the proposal attached that my company is in good standing with all governmental agencies Feder state that regulate any part of our business operations. If not, please explain in the next attribute question.

Yes
4 9
Regulatory Standing
Regulatory Standing explanation of no answer on previous questi on.

No response

5 0
Antitrust Certification Statements (Tex. Government Code § 2155.005) By submission of this bid or proposal, the Bidder certifies tha t:

I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;
(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texa Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15 ; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of th i
to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the sa m of business as the Company.

5 1
Suspension or Debarment Instructions
Instructions for Certification:

1. By answering yes to the next Attribute question below, the vendor and prospective lower tier participant is providing certification set out herein in accordance with these instructions.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transa was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification in addition to other remedies available to the federal government, the department or agency with which t h
transaction originated may pursue available remedies, including suspension and / or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitt e has become erroneous by reason of changed circumstances. . 7he WerPs ³coYereG WransacWion,´ ³GeEarreG,´ ³sXspenGeG,´ ³ineligiEle,´ ³loZer Wier coYereG WransacWion,´ ³parWicipa n ³person,´ ³priPar\ coYereG WransacWion,´ ³principal,´ ³proposal´ anG ³YolXnWaril\ e[clXGeG,´ as XseG in Whis claXse, ha Y meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may c o the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transactio n
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, susp e declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled ³&erWiIicaWion 5egarGing DeEarPenW, 6Xspension, IneligiEiliW\ anG 9olXnWar\ ([clXsionLoZer 7ier &oYereG 7ransacWio without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier cove r
transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction, unless knows that the certification is erroneous. A participant may decide the method and frequency by which it determines t eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to r in good faith the certification required by this clause. The knowledge and information of a participant is not required t exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transactio n
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible or volunt a excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension a n debarment.
5 2
Suspension or Debarment Certification
By answering yes, you certify that no federal suspension or debarment is in place, which would preclude receiving a federally funded contract as described above.

Yes

5 3
Non-Discrimination Statement and Certification
In accordance with Federal civil rights law, all U.S. Departments, including the U.S. Department of Agriculture (USDA) rights regulations and policies, the USDA, its Agencies, office s, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, g identity (including gender expression), sexual orientation, dis ability, age, marital status, family/parental status, incom e derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in an y program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filin g deadlines vary by program or incident.

Persons with disabilities who require alternative means of comm unication for program information (e.g., Braille, large audiotape, American Sign Language, etc.) should contact the res ponsible Agency or USDA's TARGET Center at (20 2 2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than Engli sh.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, fou online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA provide in the letter all of the information requested in the f orm. To request a copy of the complaint form, call (866) 6 3 9992. Submit your completed form or letter to USDA by: (1) mail : U.S. Department of Agriculture, Office of the Assist a Secretary for Civil Rights, 1400 Independence Avenue, SW, Washi ngton, D.C. 20250-9410; (2) fax: (202) 690-7442; email: [email protected].
(Title VI of the Education Amendments of 1972; Section 504 of t he Rehabilitation Act of 1973; the Age Discrimination 1975; Title 7 CFR Parts 15, 15a, and 15b; the Americans with Di sabilities Act; and FNS Instruction 113-1, Civil Rights &oPpliance anG (nIorcePenW ± 1XWriWion PrograPs anG $cWiYiWies

All U.S. Departments, including the USDA are equal opportunity provider, employer, and lender.

Not a negotiable term. Failure to agree by answering YES will r ender your proposal non-responsive and it will not be considered. I certify that in the performance of a contract wit h TIPS or its members, that our company will conform to t foregoing anti-discrimination statement and comply with the cit ed and all other applicable laws and regulations.

Yes, I certify (Yes)
5 4
2 CFR PART 200 Contract Provisions Explanation
Required Federal contract provisions of Federal Regulations for Contracts for contracts with ESC Region 8 and TIP S Members:

The following provisions are required to be in place and agreed if the procurement is funded in any part with federal f The ESC Region 8 and TIPS Members are the subgrantee or Subreci pient by definition. Most of the provisions are l o in  &)5 P$57   $ppenGi[ II Wo ParW ²&onWracW ProYisions Ior 1on)eGeral (nWiW\ &onWracWs 8nGer )eGeral $ Z at 2 CFR PART 200. Others are included within 2 CFR part 200 et al.

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- F entity under the Federal award must contain provisions covering the following, as applicable.

5 5
2 CFR PART 200 Contracts
Contracts for more than the simplified acquisition threshold cu rrently set at $250,000, which is the inflation adjusted a determined by the Civilian Agency Acquisition Council and the D efense Acquisition Regulations Council (Councils) a s authorized by 41 U.S.C. 1908, must address administrative, cont ractual, or legal remedies in instances where contra c violate or breach contract terms, and provide for such sanction s and penalties as appropriate.

Notice: Pursuant to the above, when federal funds are expended by ESC Region 8 and TIPS Members, ESC Region TIPS Members reserves all rights and privileges under the appli cable laws and regulations with respect to this procu r in the event of breach of contract by either party.

Does vendor agree?
Yes
5 6
2 CFR PART 200 Termination
Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be eff e and the basis for settlement. (All contracts in excess of $10,0 00) Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, ESC Region 8 and T Members reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process for cause af ter giving the vendor an appropriate opportunity and 30 days, to cure the causal breach of terms and conditions. ESC Region 8 and TIPS Members reserves the right to terminate any agreement in e xcess of $10,000 resulting from this procurement p for convenience with 30 days notice in writing to the awarded v endor. The vendor would be compensated for work performed and goods procured as o f the termination date if for convenience of the E
Region 8 and TIPS Members. Any award under this procurement pro cess is not exclusive and the ESC Region 8 and reserves the right to purchase goods and services from other ve ndors when it is in the best interest of the ESC Regi o and TIPS.

Does vendor agree?
Yes
5 7
2 CFR PART 200 Clean Air Act
&lean $ir $cW
 8.6.&. T.
anG Whe )eGeral :aWer Pol lXWion &onWrol $cW
 8.6.&. 
, as aPe
Contracts and subgrants of amounts in excess of $150,000 must c ontain a provision that requires the non-Federal a w agree to comply with all applicable standards, orders or regula tions issued pursuant to the Clean Air Act (42 U.S.C 7671q) and the Federal Water Pollution Control Act as amended ( 33 U.S.C. 1251-1387). Violations must be reporte d Federal awarding agency and the Regional Office of the Environm ental Protection Agency (EPA).

Pursuant to the Clean Air Act, et al above, when federal funds are expended by ESC Region 8 and TIPS Membe r Region 8 and TIPS Members requires that the proposer certify th at during the term of an award by the ESC Region 8 and TIPS Members resulting from th is procurement process the vendor agrees to with all of the above regulations, including all of the terms l isted and referenced therein.

Does vendor agree?
Yes

5 8
2 CFR PART 200 Byrd Anti-Lobbying Amendment
%\rG $nWiLoEE\ing $PenGPenW
 8.6.&. 
²&onWracWors WhaW appl\ or EiG Ior an aZarG e[ceeGing , P the required certification. Each tier certifies to the tier abo ve that it will not and has not used Federal appropriated fu n pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a me m Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining a Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying wit h Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier up to the non-Federal award.

Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, ESC Region 8 and T Members requires the proposer certify that during the term and during the life of any contract with ESC Region 8 and Members resulting from this procurement process the vendor cert ifies to the terms included or referenced herein.

Does vendor agree?
Yes
5 9
2 CFR PART 200 Federal Rule
Compliance with all applicable standards, orders, or requiremen ts issued under section 306 of the Clean Air Act (42 U 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protectio n Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of $250,000) Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, ESC Region 8 and T Members requires the proposer certify that in performance of th e contracts, subcontracts, and subgrants of amounts excess of $250,000, the vendor will be in compliance with all a pplicable standards, orders, or requirements issued u n section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 5 08 of the Clean Water Act (33 U.S.C. 1368), Executiv e 11738, and Environmental Protection Agency regulations (40 CFR part 15).

Does vendor certify that it is in compliance with the Clean Air Act? Yes
6 0
2 CFR PART 200 Procurement of Recovered Materials
A non-Federal entity that is a state agency or agency of a poli tical subdivision of a state and its contractors must co m with section 6002 of the Solid Waste Disposal Act, as amended b y the Resource Conservation and Recovery Act. Th requirements of Section 6002 include procuring only items desig nated in guidelines of the Environmental Protection A (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purc hase price of the item exceeds $10,000 or the value of quantity acquired during the preceding fiscal year exceeded $10 ,000; procuring solid waste management services in manner that maximizes energy and resource recovery; and establi shing an affirmative procurement program for procurement of recovered materials identified in the EPA guidel ines.

Does vendor certify that it is in compliance with the Solid Was te Disposal Act as described above? Yes

6 1
2 CFR PART 200 Rights to Inventions
II Whe )eGeral aZarG PeeWs Whe GeIiniWion oI ³IXnGing agreePenW ´ XnGer  &)5 †. a
anG Whe recipienW or sXEr e
wishes to enter into a contract with a small business firm or n onprofit organization regarding the substitution of p assignPenW or perIorPance oI e[periPenWal, GeYelopPenWal, or re search ZorN XnGer WhaW ³IXnGing agreePenW,´ Whe r e or sXErecipienW PXsW coPpl\ ZiWh Whe reTXirePenWs oI  &)5 Par W , ³5ighWs Wo InYenWions 0aGe E\ 1 o 2rgani]aWions anG 6Pall %Xsiness )irPs 8nGer *oYernPenW *ranWs, &onWracWs anG &ooperaWiYe $greePenWs,´ a implementing regulations issued by the awarding agency.

Pursuant to the above, when the foregoing applies to ESC Region 8 and TIPS Members, Vendor certifies that du r term of an award resulting from this procurement process, Vendo r agrees to comply with all applicable requirem e referenced in the Federal rule above.

Does vendor agree?
Yes
6 2
2 CFR PART 200 Domestic Preferences for Procurements
As appropriate and to the extent consistent with law, the non-F ederal entity should, to the greatest extent practicabl e a Federal award, provide a preference for the purchase, acquisi tion, or use of goods, products, or materials prod u the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured product s requirements of this section must be included in all subawards including all contracts and purchase orders for w proGXcWs XnGer Whis aZarG. )or pXrposes oI  &)5 ParW ., ³ProGXceG in Whe 8niWeG 6WaWes´ Peans, Ior iron a n products, that all manufacturing processes, from the initial me lting stag through the application of coatings, occurre d 8niWeG 6WaWes. 0oreoYer, Ior pXrposes oI  &)5 ParW ., ³0 anXIacWXreG proGXcWs´ Peans iWePs anG cons W materials composed in whole or in part of non-ferrous metals su ch as aluminum, plastics and polymer-based produc as polyvinyl chloride pipe, aggregates such as concrete, glass, including optical fiber, and lumber.

Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, Vendor certifies th a greatest extent practicable Vendor will provide a preference fo r the purchase, acquisition, or use of goods, prod u materials produced in the United States (including but not limi ted to iron, aluminum, steel, cement, and other manuf a products).

Does vendor agree?
Yes
6 3
2 CFR PART 200 Ban on Foreign Telecommunications
)eGeral granW IXnGs Pa\ noW Ee XseG Wo pXrchase eTXipPenW, serY ices, or s\sWePs WhaW Xse ³coYereG WelecoPPXni c equipment or services as a substantial or essential component o f any system, or as critical technology as part s\sWeP. ³&oYereG WelecoPPXnicaWions´ Peans pXrchases IroP +XaZe i 7echnologies &oPpan\ or =7( &orporaWion subsidiary or affiliate of such entities), and video surveillan ce and telecommunications equipment produced by Communications Corporation, Hangzhou Hikvision Digital Technolo gy Company, or Dahua Technology Company subsidiary or affiliate of such entities).

Pursuant to the above, when federal funds are expended by ESC R egion 8 and TIPS Members, Vendor certifi 9enGor Zill noW pXrchase eTXipPenW, serYices, or s\sWePs WhaW X se ³coYereG WelecoPPXnicaWions´, as GeIineG E\ †. eTXipPenW or serYices as a sXEsWanWial or essenWial co PponenW oI an\ s\sWeP, or as criWical Wechnolog\ as any system.

Does vendor agree?
Yes

6 4
2 CFR PART 200 Contract Cost & Price
For contracts more than the simplified acquisition threshold currently set at $250,000, a TIPS Member may, in v e circumstances, be required to negotiate profit as a separate element of the price pursuant to 2 C.F.R. 200.324(b). those circumstances, Vendor agrees to provide information and negotiate with the TIPS Member regarding pro separate element of the price. However, Vendor certifies that the total price charged by the Vendor shall not exc e
9enGor¶s 7IP6 pricing anG pricing WerPs proposeG.

Does Vendor Agree?
Yes
6 5
FEMA Fund Certifications
6XEPission oI Whis proposal is 9enGor¶s cerWiIicaWion WhaW 9enGor agrees Wo Whis WerP. 9enGor cerWiIies WhaW IF an d Vendor accepts a TIPS purchase paid for in full or part with FEMA funds, Vendor certifies that:
(1) Vendor agrees to provide the TIPS Member, the FEMA Administrator, the Comptroller General of the United St a any of their authorized representatives access to and rights to reproduce any books, documents, papers, and re c the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excer p transcriptions. The Vendor agrees to provide the FEMA Administrator or an authorized representatives ac c construction or other work sites pertaining to the work being completed under the contract. Vendor acknowledg agrees that no language in this contract or the contract with the TIPS Member is intended to prohibit audits or i reviews by the FEMA Administrator or the Comptroller General of the United States.


7he 9enGor shall noW Xse Whe DeparWPenW oI +oPelanG 6ecXriW\¶s seal s
, logos, cresWs, or reproGXcWions oI
I
likenesses of DHS agency officials without specific FEMA pre-approval. (3) The Vendor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedur e directives.
(4) The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to t h
Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. (5) The Vendor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) Wo Whe 9enGor¶s acWions perWaining Wo Whis conWracW.
6 6
Certification of Compliance with the Energy Policy and Conservation Act When appropriate and to the extent consistent with the law, Vendor certifies that it will comply with the Energy Pol Conservation Act (42 U.S.C. 6321 et seq; 49 C.F.R. Part 18) and any mandatory standards and policies relating to efficiency which are contained in applicable state energy conservation plans issued in compliance with the Act.

Does Vendor agree?
Yes

6 7
Certification Regarding Lobbying
Applicable to Grants, Subgrants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil p
of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person f influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or em p of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the ma a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, contin u renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing o r attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of cong or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the under s shall coPpleWe anG sXEPiW 6WanGarG )orPLLL, ³GisclosXre )orP Wo 5eporW LoEE\ing,´ in accorGance ZiWh iWs insWrXcWi (3) The undersigned shall require that the language of this certification be included in the award documents for all c o
subawards exceeding $100,000 in Federal funds at all appropriate tiers and that all subrecipients shall certify and di s accordingly.

I HAVE NOT Lobbied per above
6 8
If you answered "I HAVE lobbied" to the above Attribute Question If you answered "I HAVE lobbied" to the above Attribute question, you must download the Lobbying Report "Standard LLL, disclosure Form to Report Lobbying" which includes instruction on completing the form, complete and submit it i Response Attachments section as a report of the lobbying activities you performed or paid others to perform. 6 9
Subcontracting with Small and Minority Businesses, Women's Business Enterprises, and Labor Surplus A Firms.

Do you ever anticipate the possibility of subcontracting any of your work under this award if you are successful? IF NO, DO NOT ANSWER THE NEXT ATTRIBUTE QUESTION. . IF YES, and ONLY IF YES, you must answer the next question YES if you want a TIPS Member to be authorized to spend Federal Grant Funds for Procurement.

NO

7 0
ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performanc under the TIPS Agreement, do you agree to comply with the following federal requirements? ONLY IF YES TO THE PREVIOUS QUESTION OR if you ever do subcontract any part of your performance under the Agreement,
do you agree to comply with the following federal requirements? )eGeral 5egXlaWion  &)5 †. &onWracWing ZiWh sPall anG PinoriW\ EXsinesses, ZoPen s EXsiness enWerprises,
labor surplus area firms. (a)The non-Federal entity must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. (b) Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum partici by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and mino businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration a n
Minority Business Development Agency of the Department of Commerce ; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs(1) t (5) of this section.

No response
7 1
Indemnification
The ESC Region 8 and TIPS is a Texas Political Subdivision and a local governmental entity; therefore, is prohibited f indemnifying third parties pursuant to the Texas Constitution (Article 3, Section 52) except as specifically provided by as
ordered by a court of competent jurisdiction. A provision in a contract to indemnify or hold a party harmless is a prom pay for
any expenses the indemnified party incurs, if a specified event occurs, such as breaching the terms of the contract o negligently
performing duties under the contract. Article III, Section 49 of the Texas Constitution states that "no debt shall be cre a
or on
behalf of the State ... " The Attorney General has counseled that a contractually imposed obligation of indemnity cre a
"debt" in
the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Contract clauses which require the System or instit u
to
indemnify must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texa s
Liquidated
damages, attorney's fees, waiver of vendor's liability, and waiver of statutes of limitations clauses should also be del e
qualified
with "to the extent permitted by the Constitution and laws of State of Texas." Not a negotiable term. Failure to agree will render your proposal non-responsive and it will not be considered. Do yo u
agree
to these terms?
Yes, I Agree (Yes)

7 2
Remedies
The parties shall be entitled to exercise any right or remedy a vailable to it either at law or in equity, subject to the ch o law, venue
and service of process clauses limitations agreed herein. Nothi ng in this agreement shall commit the TIPS to an arbit r resolution
of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, except for those specifically waived
under the terms of the Contract, may, after denial of the Board of Directors, be subject to mediation at the request o f
party. Any
issues not resolved hereunder MAY be referred to non-binding me diation to be conducted by a mutually agreed upo n
mediator as a
prereTXisiWe Wo Whe Iiling oI an\ laZsXiW oYer sXch issXe s
. 7 he parWies shall share Whe PeGiaWor¶s Iee anG an\ associ a filing fee
equally. Mediation shall be held in Camp or Titus County, Texas . Agreements reached in mediation shall be reduced t writing, and
will be subject to the approval by the District's Board of Dire ctors, signed by the Parties if approved by the Board of Directors, and, if
signed, shall thereafter be enforceable as provided by the laws of the State of Texas.

Do you agree to these terms?
Yes, I Agree
7 3
Remedies Explanation of No Answer
No response
7 4
Choice of Law
The agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, c onstrued and enforced in accordance with the law s State of Texas, regardless of any conflict of laws principles.

THIS DOES NOT APPLY to a vendor's agreement entered into with a TIPS Member, as the Member may be located o Texas.

Do you agree to these terms?
Agreed
7 5
Venue, Jurisdiction and Service of Process
Any proceeding, involving Region 8 ESC or TIPS, arising out of or relating to this procurement process or any contra issued by TIPS resulting from or any contemplated transaction s hall be brought in a court of competent jurisdiction in County, Texas and each of the parties irrevocably submits to th e exclusive jurisdiction of said court in any such proc e waives any objection it may now or hereafter have to venue or t o convenience of forum, agrees that all claims in res p the Proceeding shall be heard and determined only in any such c ourt, and agrees not to bring any proceeding arisin of or relating to this procurement process or any contract resu lting from or any contemplated transaction in any othe r The parties agree that either or both of them may file a copy o f this paragraph with any court as written evidence of t knowing, voluntary and freely bargained for agreement between t he parties irrevocably to waive any objections to ve to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served o n party anywhere in the world. Any dispute resolution process oth er than litigation shall have venue in Camp County o r County Texas.

Do you agree to these terms?
Agreed

7 6
Infringement(s)
The successful vendor will be expected to indemnify and hold ha rmless the TIPS and its employees, officers, agents, representatives, contractors, assignees and designees from any and all third party claims and judgments involving infringement of patent, copyright, trade secrets, trade or serv ice marks, and any other intellectual or intangible prop e righWs aWWriEXWeG Wo or claiPs EaseG on Whe 9enGor
s proposal o r 9enGor¶s perIorPance oI conWracWs aZarGeG anG ap p Do you agree to these terms?
Yes, I Agree
7 7
Infringement(s) Explanation of No Answer
No response
7 8
Contract Governance
Any contract made or entered into by the TIPS is subject to and is to be governed by Section 271.151 et seq, Tex Lo Code. Otherwise, TIPS does not waive its governmental immunities from suit or liability except to the extent expressly by other applicable laws in clear and unambiguous language.

Yes, I Agree (Yes)
7 9
Payment Terms and Funding Out Clause
Payment Terms:

TIPS or TIPS Members shall not be liable for interest or late p ayment fees on past-due balances at a rate higher tha n permitted by the laws or regulations of the jurisdiction of the TIPS Member.

Funding Out Clause:
9enGor agrees Wo aEiGe E\ Whe laZs anG regXlaWions, inclXGing 7 e[as Local *oYernPenW &oGe † . , or an\ sWaW
X
or regulatory limitations of the jurisdiction of any TIPS Membe r which governs contracts entered into by the Vendor a n TIPS or a TIPS Member that requires all contracts approved by T IPS or a TIPS Member are subject to the budgeting appropriation of currently available funds by the entity or its governing body.

See statute(s) for specifics or consult your legal counsel.

Not a negotiable term. Failure to agree will render your propos al non-responsive and it will not be considered.

Do you agree to these terms?
Yes, I Agree (Yes)

8 0
Insurance and Fingerprint Requirements Information
Insurance
If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to provide proof of insurance.

Fingerprint
It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, C 22, Section 22.0834 & 22.08341. Statutory language may be found at: http://www.statutes.legis.state.tx.us/ If the vendor has staff that meet both of these criterion:
(1) will have continuing duties related to the contracted services; and (2) has or will have direct contact with students
7hen \oX haYe ´coYereG´ ePplo\ees Ior pXrposes oI coPpleWing Whe aWWacheG IorP.

TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questi o
how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at [email protected] and you should send an email identifying you as a contractor to a Texas Independent Schoo District or ESC Region 8 and TIPS. Texas DPS phone number is (512) 424-2474.

See form in the next attribute to complete entitled:

Texas Education Code Chapter 22 Contractor Certification for Contractor Employees

8 1
Texas Education Code Chapter 22 Contractor Certification for Contractor Employees Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts to provide service s obtain criminal history record information regarding covered employees. Contractors must certify to the district that t h have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school distri c Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District w i the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, t h
victim was under 18 or enrolled in a public school:
(a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the another state.

I certify that:

NONE (Section A) of the employees of Contractor and any subcontractors are covered employees, as defined abo v
this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided.

OR
SOME (Section B) or all of the employees of Contractor and any subcontractor are covered employees. If this box i s checked, I further certify that:
(1) Contractor has obtained all required criminal history record information regarding its covered employees. None o f covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contrac t
immediately remove the covered employee from contract duties and notify the District in writing within 3 business da y (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee's criminal hi record information, Contractor agrees to discontinue using that covered employee to provide services at the District.

Noncompliance or misrepresentation regarding this certification may be grounds for contract termination.

None
8 2
Texas Business and Commerce Code § 272 Requirements as of 9-1-2017 SB 807 prohibits construction contracts to have provisions requiring the contract to be subject to the laws of another to be required to litigate the contract in another state, or to require arbitration in another state. A contract with such proYisions is YoiGaEle. 8nGer Whis neZ sWaWXWe, a ³consWrXcWion conWracW´ inclXGes conWracWs, sXEconWracWs, or agreeP e
with (among others) architects, engineers, contractors, construction managers, equipment lessors, or materials supp ³&onsWrXcWion conWracWs´ are Ior Whe Gesign, consWrXcWion, alWe raWion, renoYaWion, rePoGeling, or repair oI an\ EXilGing improvement to real property, or for furnishing materials or eq uipment for the project. The term also includes moving ,
demolition, or excavation. BY RESPONDING TO THIS SOLICITATION, AND WHEN APPLICABLE, THE PROPOSER AG 72 &20PL< :I7+ 7+( 7(;$6 %86I1(66 $1D &200(5&( &2D( †  :+(1 (;(&87I1* &2175$&76 :I7+ 7 MEMBERS THAT ARE TEXAS GOVERNMENT ENTITIES.

8 3
Texas Government Code 2270 & 2271 Verification Form
Texas Government Code 2270 & 2271 Verification Form
If (a) Vendor is not a sole proprietorship; (b) Vendor has ten (10) or more full-time employees; and (c) this Agreeme n value of $100,000 or more, the following certification shall apply; otherwise, this certification is not required. Pur s Chapter 2271 of the Texas Government Code, the Vendor hereby certifies and verifies that neither the Vendor, n affiliate, subsidiary, or parent company of the Vendor, if any (the "Vendor Companies"), boycotts Israel, and the V agrees that the Vendor and Vendor Companies will not boycott Israel during the term of this Agreement. For purp o this Agreement, the term "boycott" shall mean and include refusing to deal with, terminating business activities w otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with I s with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action m ordinary business purposes.

Our entity further certifies that it is is not listed on and we do not do business with companies prohibited by Government Code 2270 or that are on the Texas Comptroller of Public Accounts list of Designated Foreign Te Organizations per Texas Gov't Code 2270.0153 found at https://comptroller.texas.gov/purchasing/docs/foreign-terror I swear and affirm that the above is true and correct.

YES
8 4
Logos and other company marks
Please upload your company logo to be added to your individual profile page on the TIPS website. If any particular specifications are required for use of your company logo, please upload that information under the "Logo and Other &oPpan\ 0arNs secWion XnGer Whe ³5esponse $WWachPenW´ WaE. Preferred Logo Format: 300 x 225 px - .png, .eps, .j p
preferred
Potential uses of company logo:
* Your Vendor Profile Page of TIPS website
* Potentially on TIPS website scroll bar for Top Performing Vendors * TIPS Quarterly eNewsletter sent to TIPS Members
* Co-branding Flyers and or email blasts to our TIPS Members (Permission and approval will be obtained before pub l
8 5
Solicitation Deviation/Compliance
Does the vendor agree with the General Conditions Standard Terms and Conditions or Item Specifications listed in this proposal invitation? Yes

8 6
Solicitation Exceptions/Deviations Explanation
If the bidder intends to deviate from the General Conditions Standard Terms and Conditions or Item Specifications lis t this proposal invitation, all such deviations must be listed on this attribute, with complete and detailed conditions and information included or attached.

TIPS will consider any deviations in its proposal award decisions, and TIPS reserves the right to accept or reject any based upon any deviations indicated below or in any attachments or inclusions.

In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the St a
Terms and Conditions, Item Specifications, and all other information contained in this Solicitation.

No response
8 7
Agreement Deviation/Compliance
Does the vendor agree with the language in the Vendor Agreement ? Yes
8 8
Agreement Exceptions/Deviations Explanation
If the proposing Vendor desires to deviate form the Vendor Agreement language, all such deviations must be listed o attribute, with complete and detailed conditions and information included. TIPS will consider any deviations in its pro p award decisions, and TIPS reserves the right to accept or reject any proposal based upon any deviations indicated b e In the absence of any deviation entry on this attribute, the proposer assures TIPS of their full compliance with the Ve n Agreement.

No response
8 9
Felony Conviction Notice
7e[as (GXcaWion &oGe, 6ecWion ., 1oWiIicaWion oI &riPinal +isWor\, 6XEsecWion a
, sWaWes ³a person or EXsiness e
that enters into a contract with a school district must give advance notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the c resXlWing in Whe conYicWion oI a Ielon\.´ 6XEsecWion
E
sWaWes ³a school GisWricW Pa\ WerPinaWe a conWracW ZiWh a person business entity if the district determines that the person or business entity failed to give notice as required by Subse c
(a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business e Ior serYices perIorPeG EeIore Whe WerPinaWion oI Whe conWracW.´ c
This section does not apply to a publicly held corp o
The person completing this proposal certifies that they are authorized to provide the answer to this question.

Select A., B. or C.

A. My firm is a publicly held corporation; therefore, this reporting requirement is not applicable.

OR B.My firm is not owned nor operated by anyone who has been convicted of a felony, OR C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony. (if you answe below, you are required to provide information in the next attribute.

B. Firm not owned nor operated by felon; per above
9 0
If you answered C. My Firm is owned or operated by a felon to the previous question, you are REQUIRED ANSWER THE FOLLOWING QUESTIONS.

If you answered C. My Firm is owned or operated by a felon to t he previous question, you must provide the following information.

1. Name of Felon(s)

2. The named person's role in the firm, and

3. Details of Conviction(s).

No response

9 1
Required Confidentiality Claim Form
Required Confidentiality Claim Form
This completed form is required by TIPS. By submitting a respon se to this solicitation you agree to download from th e ³$WWachPenWs´ secWion, coPpleWe accorGing Wo Whe insWrXcWions o n Whe IorP, When XploaG Whe coPpleWeG IorP, ZiWh an\ conIiGenWial aWWachPenWs, iI applicaEle, Wo Whe ³5esponse $WWac hPenWs´ secWion WiWleG ³&onIiGenWialiW\ )orP´ in orGer Wo proYiGe Wo 7IP6 Whe coPpleWeG IorP WiWleG, ³&21)ID(17I$LI7< &L$I0 )250´. THIS REQUIRED PROCESS IS THE O

WAY TO DEEM PROPOSAL DOCUMENTATION CONFIDENTIAL ANY OTHER CONFIDENTIAL DESIGNATION WILL BE DISREGARDED UNLESS THE DOCUMENT IS IDENTIFIED BY AND ATTACHED TO THE REQUIRED FORM. By comp this process, you provide us with the information we require to comply with the open record laws of the State of Texa s they may apply to your proposal submission. If you do not prov ide the form with your proposal, an award will not be m your proposal is qualified for an award, until TIPS has an accu rate, completed form from you.

Read the form carefully before completing and if you have any q uestions, email [email protected]. 9 2
Member Access to Vendor Proposal
Notwithstanding any other information provided in this solicita tion or Vendor designation of certain documenta conIiGenWial or proprieWar\, 9enGor¶s accepWance oI Whis 7IP6 & onWracW consWiWXWes 9enGor¶s consenW Wo Whe Gisclo 9enGor¶s coPprehensiYe proposal, inclXGing an\ inIorPaWion GeeP eG conIiGenWial or proprieWar\, to TIPS Membe r proposing Vendor agrees that TIPS shall not be responsible or l iable for any use or distribution of inform a documentation by TIPS Members or any other party. By submitting this proposal, Vendor certifies the foregoing. 9 3
Choice of Law clauses with TIPS Members
If the vendor is awarded a contract with TIPS under this solici tation, the vendor agrees to make any Choice of Law cl a in any contract or agreement entered into between the awarded v endor and with a TIPS member entity to read as fol l "Choice of law shall be the laws of the state where the custome r resides" or words to that effect.

Agreed
9 4
Venue of dispute resolution with a TIPS Member
In the event of litigation or use of any dispute resolution mod el when resolving disputes with a TIPS member entity as result of a transaction between the vendor and TIPS or the TIPS member entity, the Venue for any litigation or other a upon model shall be in the state and county where the customer resides unless otherwise agreed by the parties at th the dispute resolution model is decided by the parties.

Agreed
9 5
Automatic renewal of contracts or agreements with TIPS or a TIPS member entity This clause DOES NOT prohibit multiyear contracts or agreements with TIPS member en tities.

Because TIPS and TIPS members are governmental entities subjec t to laws that control appropriations of funds duri n their fiscal years for contracts and agreements to provide good s and services, does the Vendor agree to limit any au t renewal clauses of a contract or agreement executed as a result of this TIPS solicitation award to not longer than "m o month" and at the TIPS contracted rate.

Agreed
9 6
Indemnity Limitation with TIPS Members
Texas and other states restrict by law or state Constitution th e ability of a governmental entity to indemnify others. TI P requires that any contract entered into between a vendor and TI PS or a TIPS Member as a result of an award under Solicitation limit the requirement that the Customer indemnify the Vendor by either eliminating any such indemnity requirement clauses in any agreements, contracts or other bindi ng documents OR by prefacing all indemnity clause s required of TIPS or the TIPS Member entity with the following: "To the extent permitted by the laws or the Constitutio n state where the customer resides, ".

Agreement is a required condition to award of a contract result ing from this Solicitation.

Agreed

9 7
Arbitration Clauses
Except for certain circumstances, TIPS forbids a mandatory arbi tration clause in any contract or agreement entered i between the awarded vendor with TIPS or a TIPS member entity. D oes the vendor agree to exclude any arbitration requirement in any contracts or agreement entered into between TIPS or a TIPS member entity through an awarded contract with TIPS?
Agreed
9 8
Required Vendor Sales Reporting
By responding to this Solicitation, you agree to report to TIPS all sales made under any awarded Agreement with TIPS. Vendor is required to report all sales under the TIPS contract to TIPS. If the TIPS Member entity requesting a p from the awarded Vendor requests the TIPS contract, Vendor must include the TIPS Contract number on any communications with the TIPS Member entity. If awarded, you will be provided access to the Vendor Portal. To report login Wo Whe 7IP6 9enGor PorWal anG clicN on Whe P2¶s anG Pa\Pe nWs WaE. Pages  oI Whe Vendor Portal User Guide w walk you through the process of reporting sales to TIPS. Please refer to the TIPS $ccoXnWing )$4¶s for more informa about reporting sales and if you have further questions, contac t the Accounting Team at [email protected]. T Vendor or vendor assigned dealers are responsible for keeping r ecord of all sales that go through the TIPS Agreem e submitting same to TIPS.
9 9
Upload of Current W-9 Required
Please note that you are required by TIPS to upload a current W -9 Internal Revenue Service (IRS) Tax Form for you r entity. This form will be utilized by TIPS to properly identify your entity. 1 0
0 CERTIFICATION REGARDING BOYCOTTING CERTAIN ENERGY COMPANIES (Texas law as of Septembe 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the follo w required by Texas law as of September 1, 2021:

If (a) company is not a sole proprietorship; (b) company has te n (10) or more full-time employees; and (c) this contra c a value of $100,000 or more that is to be paid wholly or partly from public funds, the following certification shall apply oWherZise, Whis cerWiIicaWion is noW reTXireG. PXrsXanW Wo 7e[. *oY¶W &oGe &h.  oI 6%   th session), the compa
hereby certifies and verifies that the company, or any wholly o wned subsidiary, majority-owned subsidiary, parent co m or affiliate of these entities or business associations, if any , does not boycott energy companies and will not boycott e coPpanies GXring Whe WerP oI Whe conWracW. )or pXrposes oI Whis conWracW, Whe WerP ³coPpan\´ shall Pean an organi] a association, corporation, partnership, joint venture, limited p artnership, limited liability partnership, or limited liability coPpan\, WhaW e[isWs Wo PaNe a proIiW. 7he WerP ³Eo\coWW energ\ coPpan\´ shall Pean ³ZiWhoXW an orGinar\ EXsiness purpose, refusing to deal with, terminating business activities with, or otherwise taking any action intended to penaliz e economic harm on, or limit commercial relations with a company because the company (a) engages in the exploratio n production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pled meet environmental standards beyond applicable federal and stat e law, or (b) does business with a company descri b paragraph
a
.´ See 7e[. *oY¶W &oGe † 809.001(1).

1 0
1 CERTIFICATION PROHIBITING DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES (T law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree, when it is applicable, to the follo w required by Texas law as of September 1, 2021:

If (a) company is not a sole proprietorship; (b) company has at least ten (10) full-time employees; (c) this contract ha s YalXe oI aW leasW , WhaW is paiG Zholl\ or parWl\ IroP p XElic IXnGs

G
Whe conWracW is noW e[cepWeG XnGer 7e[. *
Code † 2274.003 of SB 19 (87 th leg.); and (e) governmental entity has determined that company is not a sole-sourc e provider or governmental entity has not received any bids from a company that is able to provide this written verifica t Whe IolloZing cerWiIicaWion shall appl\
oWherZise, Whis cerWiI icaWion is noW reTXireG. PXrsXanW Wo 7e[. *oY¶W &oGe &h.   SB 19 (87th session), the company hereby certifies and verifies that the c ompany, or association, corporation, partn e joint venture, limited partnership, limited liability partnersh ip, or limited liability company, including a wholly owned su b majority-owned subsidiary parent company, or affiliate of these entities or associations, that exists to make a profit, d o have a practice, policy, guidance, or directive that discrimina tes against a firearm entity or firearm trade association a not discriminate during the term of this contract against a fir earm entity or firearm trade association. For purposes of conWracW, ³GiscriPinaWe againsW a IirearP enWiW\ or IirearP Wra Ge associaWion´ shall Pean, ZiWh respecW Wo Whe enWiW\ or associaWion, Wo
³

reIXse Wo engage in Whe WraGe oI an\ gooG s or serYices ZiWh Whe enWiW\ or associaWion EaseG solel \ status as a firearm entity or firearm trade association; (2) re frain from continuing an existing business relationship wi t entity or association based solely on its status as a firearm e ntity or firearm trade association; or (3) terminate an exi s business relationship with the entity or association based sole ly on its status as a firearm entity or firearm trade association. See 7e[. *oY¶W &oGe † .

oI 6% 
. ³DiscriPinaWion againsW a IirearP enWiW\ or IirearP WraGe associaWion´ Goes noW inclXGe
³

Whe esWaElisheG policies oI a PerchanW, reWail seller, or plaWIorP WhaW resWricW or pro h lisWing or selling oI aPPXniWion, IirearPs, or IirearP accessor ies anG

a coPpan\¶s reIXsal Wo engage in Whe WraGe o
goods or services, decision to refrain from continuing an exist ing business relationship, or decision to terminate an e x business relationship to comply with federal, state, or local l aw, policy, or regulations or a directive by a regulatory ag or for any traditional business reason that is specific to the customer or potential customer and not based solely on a enWiW\¶s or associaWion¶s sWaWXs as a IirearP enWiW\ or IirearP WraGe associaWion.´ See 7e[. *oY¶W &oGe † 2274.001(3) o

19. 1
0 2

CERTIFICATION REGARDING CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICA INFRASTRUCTURE (Texas law as of September 1, 2021)
By submitting a proposal to this Solicitation, you certify that you agree to the following required by Texas as of September 1, 2021:

Proposing Company is prohibited from entering into a contract o r other agreement relating to critical infrastructure th would grant to the company direct or remote access to or contro l of critical infrastructure in this state, excluding acce s
specifically allowed by the Proposing Company for product warra nty and support purposes. Company, certifies that n it nor its parent company nor any affiliate of company or its p arent company, is (1) owned by or the majority of stock o other ownership interest of the company is held or controlled b y individuals who are citizens of China, Iran, North Kor Russia, or a designated country; (2) a company or other entity, including governmental entity, that is owned or contr o citizens of or is directly controlled by the government of Chin a, Iran, North Korea, Russia, or a designated country; o r heaGTXarWereG in &hina, Iran, 1orWh .orea, 5Xssia, or a Gesigna WeG coXnWr\. )or pXrposes oI Whis conWracW, ³criWical inIrasWrXcWXre´ Peans ³a coPPXnicaWion inIrasWrXcWXre s\sWeP, c \EersecXriW\ s\sWeP, elecWric griG, ha]arGoXs ZasWe WreaWPenW s\sWeP, or ZaWer WreaWPenW IaciliW\.´ See 7e[. *oY¶W &oGe † 2274.0101(2) of SB 1226 (87 th leg.). The com p verifies and certifies that company will not grant direct or re mote access to or control of critical infrastructure, except f product warranty and support purposes, to prohibited individual s, companies, or entities, including governmental ent i owned, controlled, or headquartered in China, Iran, North Korea , Russia, or a designated country, as determined by t Governor.
1 0
3 Acknowledgement
By submitting this proposal, Vendor certifies that it has read, examined, and understands all portions of this soli c including but not limited to all attribute questions, attachmen ts, solicitation documents, bid notes, and the V Agreement(s). Vendor certifies that, if found to be necessary by the proposing vendor, vendor has sought the a d counsel in understanding all portions of the solicitation.

REFERENCES
Please provide three (3) references
from three different entities,
preferably from school districts or
other governmental entities who
have used your services within
the last three years. Additional
references may be required. DO

NOT INCLUDE TIPS EMPLOYEES AS A
REFERENCE.

Verify your references emails are
deliverable and that they agree to
provide a reference. Failure to do
this may delay the evaluation
process.

You may provide more than three (3) references.

Entity Name Contact Person VALID EMAIL IS REQUIRED Phone NM State Police Dennis Gold [email protected] 505-629-5348 Bernalillo County Sheriffs Office Ray Perea [email protected] 505-659-9343 Navajo Nation Martin Page [email protected] 928-637-5891 TIPS RFP 220304 Transportation Vehicles
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344
All Factory Warranties as provided by each Manufacturer. Exact factory warranty will be provided with quote.
345
1Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax
Agency Contact: Lt Don Weller
***Siren/ Lightbar Package***

1.00 LBAR03993 SoundOff mPower 55" Lightbar, R/B/W Front, R/B/A Rear, 20+ P
2,673.1700 2,673.17EMPLB00V9R-2EC/ Y
- EMPLB00ZLR-033 SO Quote # QSF007736

1.00 SIRE00632 500 Series bluePRINT Siren, Remote Push Button, 200-Watts
1,042.8000 1,042.80ENGSA5200RSP/ Y

1.00 VACC02609 bluePRINT Link Micro Module 2021 PIU 343.2000 343.20ENGLMK008/ Y

2.00 SPEA00253 100 Watt Composite Siren Speaker with Universal Bail Bracket
248.5000 497.00ETSS100J5/ Y

2.00 BKRT00082 Soundoff ETSS100N behind grille mounting brkt for 2020+ PI-S

43.4300 86.86ETSSVBK01/ Y

1.00 BKRT00092 Electronics Mounting Plate SOS, DRV 1/4 Panel, 20+ Utility
135.0000 135.00PIU20-EQUIP-001/ Y

1.00 BKRT00093 Radio T/R Mounting Bracket, OEM Cubby Pocket, 20+ Utility

40.0000 40.00PIU20-RADIO-KIT/ Y

1.00 VACC02945 StarTech.com 3 ft Panel Mount USB Cable B to B - F/M - Panel

15.0000 15.00B00FSYBKPM/ Y
Quotation continued on next page ...

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Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax

1.00 SIRE00566 bluePRINT SYNC Module with Antenna 279.0000 279.00ENGSYMD01/ Y ***Driver/Passenger Bumper/Grill Mounted Lighting***

1.00 LEDS04374 3-Wire mPower 3" Facia Quick Mount LED, 12-LED, Red/White
104.6300 104.63EMPSCG1QMS3D/ Y

1.00 LEDS04375 3-Wire mPower 3" Facia Quick Mount LED, 12-LED, Blue/White
104.6300 104.63EMPSCG1QMS3E/ Y

1.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
134.7500 134.75EMPSCG2STS4D/ Y

1.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
134.7500 134.75EMPSCG2STS4E/ Y

1.00 PATC00288 Bumper Harness, bluePRINT 500 w/3-Wire Dual, Universal
116.0000 116.00FT-UNV-SOB5-BUM-02/ Y

1.00 PATC00290 bluePRINT 500 w/3-Wire LED Extension Dual, Universal 64.0000 64.00FT-UNV-SOB5-3WR-01/ Y

1.00 PATC00289 Speaker Harness, SoundOff, Universal 24.0000 24.00FT-UNV-SOB5-SPK-01/ Y ***Headlight Housing LED's***

1.00 LEDS03676 Universal Under Cover LED Insert, 5-Wire, Red/White 91.3000 91.30ELUC3H010D/ Y (Driver side headlight assemble)
Quotation continued on next page ...

PB#INFO EmailPB#Assign EmailTo, [email protected] 347 3Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax

1.00 LEDS03657 Universal Under Cover LED Insert, 5-Wire, Blue/White 91.3000 91.30ELUC3H010E/ Y (Passenger side headlight assemble)

2.00 LEDS02981 Twist-In UC LED Collar Kit 3.3000 6.60PLUCTCL1/ Y (Twist Locks for UC LED's)
Note: Wig/Wag Flash Via bluePRINT and FasTech
Harness
***Under Mirror LED's***

1.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
134.7500 134.75EMPSCG2STS4D/ Y

1.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
134.7500 134.75EMPSCG2STS4E/ Y

2.00 BKRT00113 Under Mirror Bracket, mPower/Intersector, 20+ Utility, Each

22.5000 45.00PMP2BKUMB4/ Y

2.00 VACC02904 bluePRINT 500 w/3-Wire LED Extension Single (Mirror), Univer

22.4000 44.80FT-UNV-SOB5-3WR-02/ Y
***Rear 1/4 Window LED's***

1.00 LEDS04175 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Red/White
134.7500 134.75EMPSCG2STS4D/ Y
Quotation continued on next page ...

PB#INFO EmailPB#Assign EmailTo, [email protected] 348 4Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax

1.00 LEDS03901 3-Wire mPower Fascia LED, Stud Mount, 12-LED, Blue/White
134.7500 134.75EMPSCG2STS4E/ Y

2.00 LEDS03567 4" mPower 25-90 degree Glass Mount/Shroud, Black 22.5000 45.00PMP2WSSSB/ Y Qtr Glass Mount

2.00 PATC00311 bluePRINT 500 w/3-Wire LED Extension, 24", Universal 51.2000 102.40FT-UNV-SOB5-3WR-03/ Y ***Rear License Plate and Gate Open LED's***

2.00 LEDS04369 3-Wire mPower 4" Fascia LED, QM, 18-LED, Red/Blue/White
149.6000 299.20EMPSCG2QMS5RBW/ Y

2.00 LEDS04370 3-Wire mPower 3" Fascia LED, SM, 8-LED, Red/Blue 120.4000 240.80EMPSCG1SLS3J/ Y

1.00 PATC00292 Liftgate Harness, bluePRINT 500 w/3-Wire, 20+ Utility 184.0000 184.00FT-F01-SOB5-LFT-01/ Y ***Tail Light LED's***

2.00 LEDS03674 Universal Under Cover LED Insert, 5-Wire, Blue 91.3000 182.60ELUC3H010B/ Y

2.00 LEDS02981 Twist-In UC LED Collar Kit 3.3000 6.60PLUCTCL1/ Y Note: Tail Light Flash Via bluePRINT and FasTech
Harness
***Rear Under Spoiler LED's***
Quotation continued on next page ...

PB#INFO EmailPB#Assign EmailTo, [email protected] 349 5Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax

2.00 LEDS03996 3-Wire mPower Fascia LED, Stud Mount, 18-LED, Red/Blue/White
149.6000 299.20EMPSCG2STS5RBW/ Y

1.00 BKRT00074 Under Spoiler mPower Bracket, 1-Module, 2020 Utility 44.5000 44.50PMP2RS101/ Y

1.00 PATC00294 2-Mod Spoiler Harness, bluePRINT 500 w/3-Wire, 20+ Utility

89.6000 89.60FT-F01-SOB5-SPO-02/ Y
***FasTech Harness/ Electrical System***

1.00 PATC00287 Primary Harness, bluePRINT 500 w/3-Wire, 20+ Utility 1,488.0000 1,488.00FT-F01-SOB5-PRI-02/ Y

1.00 PATC00291 Underhood Harness, bluePRINT 500 w/3-Wire, 20+ Utility
196.5000 196.50FT-F01-SOB5-UND-02/ Y

1.00 VACC02241 RJ45 Splitter, 1-Male to 3-Female, Use for BP

SYNC/LINK/CP

24.7000 24.70B07PPLK8L4/ Y

1.00 VACC01714 Switch, Idle Security, Off-On 15.3000 15.30AEP-SW-IDLE/ Y

1.00 VACC00342 Toggle Switch, Off-On, SPST.. 12.0000 12.0013-100/ Y

1.00 VACC01453 Switch Label Plaque, "Cargo Dome, Door-Off" 9.0000 9.00AEP-LABEL-CARGO-DOME/ Y

1.00 LIGH00331 6" LED Dome Light, Red/White, 110 Lumens (Rear Lift Gate)

57.4000 57.40M84434RW-A/ Y
Quotation continued on next page ...

PB#INFO EmailPB#Assign EmailTo, [email protected] 350 6Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax
***Center Equipment Console***

1.00 CONS01598 "Short" Console Package w/ Cup, 10"/4.5", 20+ Utility 490.0000 490.007170-0735-00/ Y

1.00 FACE00845 Console Faceplate for SoundOff 500-Series Remote Siren, 3.5"

0.0000 0.0020032/ N

1.00 FACE00177 FP- Motorola APX8500, 3" 0.0000 0.007160-0322/ N PL 2013-05-15

1.00 FACE00735 Console Faceplate w/ (6) Switch Knock-Outs, 2" 0.0000 0.0015083/ N

1.00 FACE00794 Console Filler Plate, 1.5" 0.0000 0.0018492/ N

1.00 CONS00354 Arm Rest, Adjustable 180.0000 180.00C-ARM-104/ Y PB 2012-09-01

1.00 VACC01539 Dual USB 2.4A Charger for Contura SW Cut-Out 18.0000 18.0011019/ Y

1.00 VACC01101 DC Power Port 3.0500 3.0511010/ Y

1.00 VACC01102 DC Power Port Cap 0.6800 0.6811011/ Y

2.00 CONS01276 Magnetic Microphone Mount 37.9500 75.90MMBP-25/ Y Quotation continued on next page ...

PB#INFO EmailPB#Assign EmailTo, [email protected] 351 7Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax

1.00 LIGH00331 6" LED Dome Light, Red/White, 110 Lumens 57.4000 57.40M84434RW-A/ Y ***Computer Mount***

1.00 COMP01579 Docking Station for Getac V110, No RF 925.0000 925.007160-0515-00/ Y

1.00 COMP02020 7300-0463 Lind 90W Automobile Power Adapter for Getac
130.0000 130.007300-0463/ Y

1.00 CONS01686 On-Dash Mount w/ 3" Ext Arm, 2020+ Ford Utility 340.0000 340.007160-1346-01/ Y

1.00 COMP01598 KeyboardTray, Low Profile, Quick Release 138.6000 138.607160-0857/ Y

1.00 CONS01634 Mongoose XLE 9" Motion Attachment 392.0000 392.007160-1216-09/ Y

1.00 COMP01749 TG3 Mobile Keyboard w/ Touch Pad, USB Coiled Cord 267.6900 267.69KBA-BLTX-UCNNR-US/ Y

1.00 INST05717 Cat7 Double Shielded Ethernet Cable, Black, 25' (CP-DK)

22.0000 22.0031361/ Y
***Data Antenna Cadlepoint R1900 Router***

1.00 ANTE01141 Panorama 7-in-1 (5G) Dual Sharkee 483.8900 483.89GP-IN2680/ Y

1.00 ANTE01135 Ribbed Roof mounting kit for GPSD4 Dual Sharkee, Silicone fo

41.9000 41.90SAB-324-2/ Y
Quotation continued on next page ...

PB#INFO EmailPB#Assign EmailTo, [email protected] 352 8Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax

1.00 ANTE01142 2.5/5.6 Dual Bnd 2dBi 1/2 Wave Portable Ant w/Reverse SMA

24.7800 24.78PSKN3-24/55RS/ Y
***Radio Antenna APX8500***

1.00 ANTE01088 Sharkee Antenna for Motorola APX-8500 Tri-Band w/ QMA
400.0000 400.00GPSBAX-TRI-MOT-5/ Y

1.00 VACC00721 Motorola XTL/APX Radio Control Head Cable, (Blue Ring), 5M

99.0000 99.00HKN6169B/ Y
***Prisoner Transport***

1.00 PRIS01937 10XL C2 Partition, Recessed, Poly Sliding, TM, 2020 Utility
940.7200 940.72PK1186ITU20-TM/ Y

1.00 PRIS01938 Transport Seat w/Poly Partition, Center Belts, 2020 Utility
1,407.1200 1,407.12QK0566ITU20/ Y

1.00 PRIS01939 Window Barriers, Steel Horizontal Bars, 2020 Utility 289.5200 289.52WK0514ITU20H/ Y

2.00 DOME00054 Silho-X 4 Round Neutral White/Red Light SS Trim Ring 35.8700 71.74E06-LS0R-1/ Y

1.00 VACC01661 Rear Dome Light Color Select Switch, On-On, V-Series 15.3000 15.30AEP-SW-DOME3/ Y

1.00 VACC01450 Switch, Rear Dome Light, On-Door-Off 15.3000 15.30AEP-SW-DOME1/ Y Quotation continued on next page ...

PB#INFO EmailPB#Assign EmailTo, [email protected] 353 9Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax
Note: Vehicle Equipped with OEM rear door block-off
plates
***Front Weapon Mount***

1.00 GUNM00747 Gun Rack Partition Mount, SC6 w/Barrel / SC1, #2 Key, 32"
648.0000 648.00GRPXXX6B1X232/ Y

1.00 GUNM00513 AR-15 Takedown Pin Guard 193.6000 193.60GUNMARTDPGRDBOM/ Y

2.00 VACC01684 Miniature Push Button Switch, Off-(on), 12V/5A 5.0000 10.0015-102/ Y

1.00 GUNM00616 Flash Light Charger Mounting Bracket (Gun Rack Mounted)

48.0000 48.00GRA-FLB1/ Y

1.00 FLGH00040 Streamlight SL20 Charge Sleeve 12.0000 12.0022052/ Y

1.00 FLGH00042 Streamlight Charge Cord, 12VDC 13.2000 13.2022051/ Y ***Rear Cargo Cover***

1.00 VACC02123 Setina 2 Drawer, Sliding, Top Combo Lock, Elevated, 2020 PIU
1,750.3200 1,750.32TK0841ITU20/ Y

1.00 PRIS02000 Window Barrier, VS, Rear Hatch and Side Windows, 2020 Utilit
430.3200 430.32WK0040ITU20/ Y
Quotation continued on next page ...

PB#INFO EmailPB#Assign EmailTo, [email protected] 354 10Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax

1.00 UTIL01516 Fire Extinguisher, 5lb ABC Dry Chem, Vehicle Mounting Bracke

58.0000 58.0025614/ Y

1.00 VACC01552 Heavy Duty Fire Extinguisher Mounting Bracket, Rubber Straps

55.0000 55.00862/ Y
***Radio Charger***

1.00 RADI00912 Endura Single Unit Radio Charger w/ Harris XG-100P 78.0000 78.00EC1M-HA2LI/ Y Endura Charger POD, Harris XG-100P Li-Ion or LiPo
Only

1.00 RADI00758 Hard Wire Power Kit for TWC1M Charger 30.0000 30.00TWC6M-HW/ Y Note: Install on Driver 1/4 Panel in Cargo Area
***Brake and Reverse Kill System (Black-Out)***

1.00 VACC02559 Covert Patrol for use with FasTech Harness, Ford Utility 495.0000 495.00COVP-PIUBP-KIT/ Y ***Graphics Package***

1.00 GRAP90001 Murrieta Police Graphics 425.0000 425.00Graphics/ Y ***Installation/ Freight***
Quotation continued on next page ...

PB#INFO EmailPB#Assign EmailTo, [email protected] 355 11Jan 26, 2024
Jan 26, 2024
Qty.

Ord. Item / Vendor Part Number Description Unit Price Extended Price Reference PO Number Customer No. Salesperson Order Date Ship Via Terms Sold To: Ship To:

Quotation Date Page
Order Number
2023-24 Patrol Utility MUR11102 PT NET30
QTE0037088
AEP California
10729 Wheatlands Ave. Suite C
Santee, CA 92071
(619) 596-1925Phone:
(619) 596-1909Fax:

Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California 92562
Murrieta Police Department
2 Town Square
email invoices to: [email protected]
Murrieta, California, 92562
Make ModelYear Color
2023/24 Ford Utility
State Contract #
NA
Tax

50.00 LABO90001 Installation Labor Services 95.0000 4,750.00AEP INSTALL/ Y EVT-Certified Technician Labor

1.00 SHOP90006 Installation Materials / Shop Supplies 175.0000 175.00Shop Supplies/ Y ***Vehicle Transport and Freight/Shipping***
Vehicle Shipping to Murrieta PD ($190.00 per vehicle) 190.00N Parts Shipping Cost 250.00N
***Customer Supplied Equipment***

1.00 INST05685 Motorola APX-8500 Remote Radio 0.0000 0.00CSM/ N 28,617.80
26,350.62
2,267.18
Subtotal
Total sales tax
Total order
Order Discount 0.00
Parts
Labor / Services
Thank you for the opportunity to earn your business
Terms & Conditions:
· ESTIMATES VALID FOR 30 DAYS
· Orders will be invoiced upon notification of completion · Returns subject to 25% restocking fee. No returns on special order items.
· Credit Card payments accepted for payments of orders/invoicing totaling $10,000 or less only.

SIGNATURE (not required if PO/contract is issued)
PB#INFO EmailPB#Assign EmailTo, [email protected]
Trans / Trip / Fee
20,735.62
5,175.00
Shipping 440.00

0.00 356

CITY OF MURRIETA
City Council Meeting Agenda
Report
4/2/2024
Agenda Item No. 12.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Director of Public Works
PREPARED BY: Garrett Strang, Civil Engineering Assistant SUBJECT:

Acceptance of CalRecycle Rubberized Pavement Grant, Amend CIP Budget, and Appropriation of Funds

RECOMMENDATION
Authorize the City Manager to accept the CalRecycle Grant No. TRP16-23-0020 award in the amount of $145,720 from the State of California Environmental Protection Agency; Ratify execution of the grant agreement;
Amend the Fiscal Year 2023/24 Capital Improvement Plan Budget to appropriate an expenditure budget in CIP Project No. 13047; and
Amend the Fiscal Year 2023/24 Operating Budget to appropriate a grant revenue budget.

PRIOR ACTION/VOTE
On March 2, 2021, the City Council approved Resolution No. 21-4369, authorizing the submittal of applications for all CalRecycle grants for which the City of Murrieta is eligible (Vote: 4-0-1).

On June 6, 2023, the City Council conducted a public hearing and adopted Resolution No. 23-4671, approving the Fiscal Year 2023/24 and 2024/25 Operating Budget (Vote: 4-0-1).

On August 15, 2023, the City Council conducted a public hearing and adopted Resolution No. 23-4699, approving the Fiscal Year 2023/24 to Fiscal Year 2027/28 Capital Improvement Plan (CIP) budget, which included the Clinton Keith Road and Date Street Pavement Rehabilitation Project, CIP No. 13047 (Vote: 5-0).

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
On August 29, 2023, City of Murrieta (City) staff submitted a grant application to the Department of Resources Recycling and Recovery (CalRecycle) as part of its Rubberized Pavement Grant Program, which provides CITY OF MURRIETA Printed on 3/29/2024Page 1 of 2
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4/2/2024
Agenda Item No. 12.

Recycling and Recovery (CalRecycle) as part of its Rubberized Pavement Grant Program, which provides reimbursement at the rate of $10 per ton of Rubberized Hot Mix Asphalt (RHMA) used on pavement rehabilitation projects. The City’supcoming pavement rehabilitation project, CIP No. 13047, will rehabilitate the pavement on Murrieta Hot Springs Road from Whitewood Road to Margarita Road, Los Alamos Road from Lincoln Avenue to the I-215 interchange, Antelope Road from Mapleton Avenue to Heritage Marketplace, Elm Street from Adams Avenue to Jefferson Avenue, and Cherry Street from Adams Avenue to Jefferson Avenue.

On December 15, 2023, CalRecycle approved the grant and awarded $145,720 for the above-referenced roadway segments. This grant can be used to fund a project using crumb rubber in the RHMA, which is made from post-consumer and/or post-industrial scrap rubber originating from eligible California waste tires. Adding rubber to the asphalt contributes to the recycling of waste tires and extends the longevity of the asphalt pavement when compared to the typical lifecycle of roads paved with hot mix asphalt (HMA) only. Other direct benefits include added skid resistance, reduced tire wear, better ride quality, and reduced road noise.

On March 2, 2021, the City Council approved Resolution No. 21-4369, authorizing staff to apply for CalRecycle grants for a term of five years per the requirements set in place by CalRecycle. Upon approval of the grant by CalRecycle in December 2023, in order for the City to accept the grant funds, the City Manager, as the designated signing authority on behalf of the City, executed the attached Grant Agreement (Attachment 1). At this time, staff recommends that the City Council ratify the execution of the Agreement.

Staff in addition, recommends accepting the grant in the amount of $145,720 to help offset the cost of using RHMA, amending the Capital Improvement Plan Budget to appropriate an expenditure budget in CIP Project No. 13047, and amending the Fiscal Year 2023/24 Operating Budget to establish a grant revenue budget.

FISCAL IMPACT
Establish a revenue budget in the Fiscal Year 2023/24 Operating Budget for the CalRecycle grant in General Ledger Account 3530060-42221 and Grant Job Ledger Account 50155353-42221 in the amount of $145,720 and establish an appropriation in the Fiscal Year 2023/24 Capital Improvement Plan Budget in CIP No. 13047 in Job Ledger Account 13047353-500 for $145,720.

ATTACHMENTS

1. TRP16-23-0020 Grant Agreement - Executed

2. CalRecycle Notice to Proceed and Incur Cost
CITY OF MURRIETA Printed on 3/29/2024Page 2 of 2
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358

TRP16-23-0020

City of Murrieta

State of California - California Environmental
Protection Agency
CalRecycle 110 (Rev 10/19)

Department of Resources Recycling and
Recovery (CalRecycle)

Grant Agreement Cover Sheet

Grant Number

TRP16-23-0020

Name of Grant Program

2023-24 Rubberized Pavement Grant Program

Grantee Name

City of Murrieta

Taxpayer's Federal Employer Identification Number

Total Grant not to Exceed

$145,720.00

Start of Grant Term

Notice to Proceed Email Date

End of Grant Term

April 01, 2026

The Department of Resources Recycling and Recovery (CalRecycle) and City of Murrieta (the “Grantee”), in mutual consideration of the promises made herein , agree to comply with the provisions of this Agreement, which consists of this Grant Agre ement Cover Sheet and the following Exhibits, which are incorporated by this reference an d made a part of this Agreement as if attached hereto:

Exhibit A – Terms and Conditions
Exhibit B – Procedures and Requirements
Exhibit C – Application with revisions, if any, and any amendme nts

This Agreement is of no force or effect until signed by both pa rties. Grantee shall not commence performance until it receives written approval from Ca lRecycle. In witness whereof, the parties hereto have executed this Agreement as of the dates entered below.

359

TRP16-23-0020

City of Murrieta

Department/Grantor Name Grantee Name
CalRecycle City of Murrieta
Signature of CalRecycle’s Authorized
Signatory
Signature of Grantee’s Authorized Signatory
(as authorized in Resolution, Letter of
Commitment, or Letter of Designation)
X

Printed Name of CalRecycle’s Authorized
Signatory
Printed Name of Grantee’s Authorized
Signatory
Brandy Hunt

Title Title
Deputy Director, CalRecycle

Date Date

Grantee Payment Address
Public Works/Engineering
1 Town Square
Murrieta, CA 92562

Revised Grantee Payment Address (if needed)

Brandy Hunt
Digitally signed by Brandy Hunt
Date: 2024.02.07 10:23:12
-08'00'
Feb 7, 2024
Kim Summers
City Manager
Feb 5, 2024
360