Agenda packet — Murrieta City Council, August 20, 2024 (part 3 of 9)

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

Section 1. The recitals set forth above are true and correct and incorporated herein by this reference.

Section 2. The successor MPOA MOU for the period July 1, 2023 – June 30, 2026, a fully executed copy of which is attached hereto as Exhibit A, is approved, adopted, and implemented.

Section 3. The City Manager is hereby authorized and directed to implement the provisions of the MPOA MOU for the period July 1, 2023 – June 30, 2026, including the resulting changes to employee compensation and benefits.

Section 4. The City Clerk shall certify the adoption of this resolution effective August 20, 2024.

PASSED, APPROVED, AND ADOPTED this 20th day of August 2024 by the City Council of the City of Murrieta, State of California.

Lori Stone, Mayor
ATTEST:

Cristal McDonald, City Clerk
APPROVED AS TO FORM:

Tiffany Israel, City Attorney
322
Resolution No. 24-4775

Page 3 of 3 ends

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4775 was duly adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 20th day of August 2024, and was signed by the Mayor of said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk
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Exhibit A
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 10.

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

Renewal Approval with Carahsoft (DocuSign) - Digital Signature Software

RECOMMENDATION
Authorize the City Manager to approve the current renewal, in a form acceptable to the City Attorney, with Carahsoft - DocuSign for digital signature software, for a total not to exceed the amount of $27,450, and authorize the City Manager to issue a change order up to 10%, if needed; Amend the Fiscal Year 2024/25 Operating Budget in the General Ledger Account 1102400-60920 by $4,550; and
Ratify a prior renewal with Carahsoft that exceeded the City Manager's contract authority by $4,377.60.

PRIOR ACTION/VOTE
On August 6, 2019, the City Council introduced Ordinance No. 550-19, adding Chapter 2.34 of the Murrieta Municipal Code regarding electronic signatures and records (Vote: 5-0).

On August 20, 2019, the City Council conducted the second reading and adopted Ordinance No. 550-19 (Vote: 4-0-1).

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

BACKGROUND
DocuSign is a cloud-based software that allows users to create, send, sign, and track documents electronically. It enables users to process and execute documents digitally within a secure digital environment by allowing users to create, send, sign, and track documents in envelopes from their computer, tablet, or mobile device. The software operates by placing documents in a digital envelope, which can contain up to 130 documents.

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Agenda Item No. 10.

The prior City Clerk brought forward Ordinance No. 550-19 to amend the Murrieta Municipal Code to include electronic signatures as a valid and enforceable method. Originally, electronic signatures were used solely for City Council-approved documents and agreements. Since then, they are now utilized by all City departments to enhance inter- and intra-departmental processes.

As part of the City Clerk Department’s goal to increase organizational accessibility and transparency through Records Management, DocuSign facilitates the digitalization and management of both Council and nonCouncil documents.

DocuSign Software
The DocuSign software is purchased through a third-party administrator, Carahsoft. Carahsoft issues invoices and acts as the first point of contact for sales, issues, and requests. Carahsoft has two forms of charge models - charging per user with limited envelopes and charging per envelope with unlimited users.

Before the current City Clerk's tenure in 2021, the City of Murrieta (City) utilized DocuSign. The City Clerk conducted an internal assessment of digital signature software and identified some deficiencies, which included the lack of an administrative policy and staff training. From 2019 - 2020, the City was charged a peruser fee with limited envelopes. After reviewing, the City Clerk transitioned the account to a per-envelope with unlimited user model due to increased requests for accounts and the amount of use by departments. The increased number of envelopes (see Figure 1) is due to additional internal processes and documents not utilizing DocuSign, such as personnel action forms, personnel security and equipment forms, credit card statements, and internal memos.

Envelope Usage Trends (Figure 1)
Due to the increasing usage trend, the City exceeded the number of envelopes purchased twice in 2021 and 2022 (see Table 1 below).

Envelope Renewal Purchases (Table 1)
Year Cost Envelopes
Purchased
Notes
2019 $8,698.30 N/A 10 users subscription;
implementation consulting
2020 $8,686.89 N/A Annual renewal; 10 users
subscription
2021 $9,173.47 1,000 Annual renewal; Transition to perenvelope purchase 2021 $3,207.94 350 Additional envelopes to cover the
overage
2022 $19233 2000 Annual renewal
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Agenda Item No. 10.

Year Cost Envelopes
Purchased
Notes
2019 $8,698.30 N/A 10 users subscription;
implementation consulting
2020 $8,686.89 N/A Annual renewal; 10 users
subscription
2021 $9,173.47 1,000 Annual renewal; Transition to perenvelope purchase 2021 $3,207.94 350 Additional envelopes to cover the
overage
2022 $19,233 2,000 Annual renewal
2022 $4,758 500 Additional envelopes to cover the
overage
2023 $25,620 2,500 Annual renewal: The total
agreement to date has exceeded
the City Manager’s signing
authority by approximately
$4,377.60
Total: $79,377.60
2024 $27,450 2,500 Annual proposed renewal
To ensure there is no lapse in software and processing, staff recommends approving the purchase of 2,500 envelopes for the 2024/25 fiscal year.

Next Steps
After approving the renewal of the DocuSign envelopes, the City Clerk Department will continue to improve organizational and records management by establishing a digital signature policy and DocuSign usage training to address and prevent overages.

FISCAL IMPACT
The original software subscription costs, including renewals through FY 2023/24, totaled $79,377.60. In accordance with the City’s purchasing policy and the City’s Municipal Code, the City Manager is authorized to execute agreements and make purchases up to $75,000. Only the City Council may award the purchase of services in excess of $75,000; therefore, City staff is requesting City Council ratification of prior agreement renewals, including the $4,377.60 cost in excess of $75,000.

The agreement is partially funded from General Ledger Account 1102400-60480 for FY 2024/25 at $22,900.

Staff requests an additional appropriation of $4,550 in the Fiscal Year 2024/25 Operating Budget in General Ledger Account 1102400-60840 using Unassigned Fund Balance.

ATTACHMENTS
None.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 11.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Cristina Davies, Public Information Officer SUBJECT:

Amendment to ACP Publications and Marketing Agreement

RECOMMENDATION
Approve the First Amendment to the ACP Publications and Marketing Agreement for printing and distribution of the Murrieta Magazine in an amount not to exceed $285,000; and Authorize the City Manager to execute the Agreement.

PRIOR ACTION/VOTE
None.

CITY COUNCIL GOAL
Foster and promote an engaged, connected and caring community.

BACKGROUND
In 2023, the City of Murrieta (City) began publishing a magazine for the community to be more informed. This magazine is mailed to every City resident. The previous Public Information Officer searched and received quotes from Westamerica Communications, ACP Publications and Marketing (ACP), and EPIC Advertising.

Westamerica Communications printed the first magazine. In September of 2023, the City entered into an agreement with ACP to print and distribute the second magazine, determining that the combination of cost and quality would be a great fit for the City. The original agreement with ACP had a not-to-exceed amount of $74,500. Staff would like to extend the agreement for another two years to September 10, 2026, and increase the not to exceed amount to $285,000. The requested increase will cover an additional two years of printing and distribution of the magazine and will incorporate the cost of postage, which was previously paid separately.

FISCAL IMPACT
Funding for the printing of the Murrieta Magazine in Fiscal Year 2024/25 is available in General Ledger Accounts 1111600-62960 for $75,000 and 1101600-62960 for $30,000. Funding for Fiscal Year 2025/26 will be CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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Agenda Item No. 11.

Accounts 1111600-62960 for $75,000 and 1101600-62960 for $30,000. Funding for Fiscal Year 2025/26 will be included in the upcoming Biennial Budget.

ATTACHMENTS

1. First Amendment to the ACP Publications and Marketing Agreement CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
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AMENDMENT TO THE AGREEMENT WITH

THE CITY OF MURRIETA AND CONSULTANT
Amendment No.: 1
Original Agreement Title (“Agreement”): ACP Publicatioins and Marketing Agreement Agreement Effective Date: 9/11/23
Agreement Termination Date: 9/10/24
Consultant Name: ACP Publications
Brief Description of Scope of Services (“Services”): The City utilizes ACP to print and distribute to the post office the Murrieta Magazine
This Amendment to the Agreement, made effective on the date executed by the City 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 the above referenced Consultant with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS
Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code.

Whereas, City and Consultant entered into an Agreement on the Effective Date set forth above for the Services.

Whereas, City and Consultant wish to amend the Agreement as further set forth herein.

Whereas, the Agreement was previously modified by the following prior amendments: None

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

1. The above recitals are true and correct.

2. The following terms of the Agreement are hereby amended to read as follows:

1. The termination date set forth on the First Page of the Agreement shall be amended in its entirety to “September 10, 2026”;

2. The Total Not To exceed Contract Amount (“Contract Sum) on the First Page of the Agreement shall be amended in its entirety to “$285,000.00.”

3. All other conditions of the Agreement shall continue in full force and effect. 361
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IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed on the dates set forth below.

Signature Page to Follow.

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

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Choose an item.

ATTEST: Date:

Cristal McDonald, City Clerk
Date:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:

CONSULTANT:

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

By:

Name: Click or tap here to enter text.

Title: Click or tap here to enter text.

Date:

By:
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Name:Click or tap here to enter text.

Title:Click or tap here to enter text.

Date:
363

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 12.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Isaac Bravo, Management Analyst
SUBJECT:

Amendment to an Agreement with GRC Associates, Inc. for As-Needed Administrative Services for the Community Development Block Grant Program

RECOMMENDATION
Approve the first amendment to an agreement with GRC Associates, Inc. for as-needed Community Development Block Grant consultation services to extend the agreement by one year and increase the total not-to-exceed amount by $30,000; and
Authorize the City Manager to execute the agreement.

PRIOR ACTION/VOTE
On August 1, 2023, the City Council approved Resolution No. 23-4695 authorizing the City’s participation in the County of Riverside’s Urban County Community Development Block Grant Program for Fiscal Years 2024/25, 2025/26, and 2026/27 (Vote: 5-0).

On November 21, 2023, the City Council approved Resolution No. 23-4715 authorizing the allocation of Community Development Block Grant Funds for Fiscal Year 2024/25 (Vote: 5-0).

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

BACKGROUND
The United States Department of Housing and Urban Development (HUD) allocates federal funding annually through a program known as the Community Development Block Grant (CDBG) Program for the purpose of community development activities. CDBG funding can be used for a variety of programs, including providing housing, suitable living environments, and expanded economic opportunities primarily for persons of low to moderate income. CDBG funds are often used by municipal agencies to offset General Fund expenditures that CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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Agenda Item No. 12.
meet the program criteria.

As a requisite of the federal program, CDBG funding requires extensive administrative work from the City to ensure compliance with the HUD requirements. The City has an arrangement with Riverside County to complete many of those requirements, however, there is still a fair amount of administrative work that is the responsibility of the City, particularly related to selecting, contracting with, monitoring, and reimbursing the nonprofit organizations that are awarded a portion of the City’s CDBG funding allocation.

To assist with fulfilling these responsibilities, the City has contracted with GRC Associates, Inc. (GRC) since March 1, 2023, for as-needed support in working with Riverside County on program administration, assisting in all aspects of the “public service” component of the City’s CDBG program, closing outstanding reimbursement requests for prior years that were pending with Riverside County, and assisting with records management related to the CDBG program. Since March 2023, the total cost of services provided by GRC is $60,000. This included an original agreement for $30,000, which lapsed, and a new agreement for an additional $30,000 for Fiscal Year 2023/24.

The first amendment to the existing agreement with GRC (Attachment 1) extends the performance period for an additional year to August 31, 2025, and authorizes the expenditure of an additional $30,000 in Fiscal Year 2024/25, with no change to the scope of services.

The entire cost incurred by the City for administrative services provided by GRC Associates for the CDBG program is reimbursable through the City’s allocation from HUD.

FISCAL IMPACT
Funding for services was budgeted in Fiscal Year 2024/25 in account 34100010-60480 in the amount of $30,000.

ATTACHMENTS

1. Proposed Amendment to Existing Agreement

2. First Agreement with GRC Associates, Inc.

3. Second Agreement with GRC Associates, Inc.

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AMENDMENT TO THE AGREEMENT WITH

THE CITY OF MURRIETA AND CONSULTANT
Amendment No.: 1
Original Agreement Title (“Agreement”): Agreement between the City of Murrieta and GRC Associates, Inc.

Agreement Effective Date: July 1, 2023
Agreement Termination Date: August, 31, 2024
Consultant Name: GRC Associates, Inc.

Brief Description of Scope of Services (“Services”): As needed on-call services related to CDBG funding, program implementation, maintenance, and closeout.

This Amendment to the Agreement, made effective on the date executed by the City 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 the above referenced Consultant with reference to the following facts which are acknowledged by each party as true and correct:

RECITALS
Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code.

Whereas, City and Consultant entered into an Agreement on the Effective Date set forth above for the Services.

Whereas, City and Consultant wish to amend the Agreement as further set forth herein.

Whereas, the Agreement was previously modified by the following prior amendments: N/A

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

1. The above recitals are true and correct.

2. The following terms of the Agreement are hereby amended to read as follows:

A. Pursuant to Section 3.1 of the Agreement, the first option to extend is hereby invoked and the termination date extended to 8/31/2025.

B. Section 4.1. of the Agreement is hereby amended in its entirety read as follows:
“In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT a sum not to exceed sixty-thousand ($60,000) 366
01375.0001/937862.4 -2-
billed as services are rendered based on rates degined on attached quote/proposal (Exhibit “A”) of the original agreement.”

3. All other conditions of the Agreement shall continue in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed on the dates set forth below.

Signature Page to Follow.

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

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Kim Summers, City Manager
ATTEST: Date:

Cristal McDonald, City Clerk
Date:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:

CONSULTANT:

By:
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Name: Robert Vasquez
Title: President
Date:

By:

Name:Robert Vazquez
Title:Secretary
Date:
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{Client Files/4540/1/KFORMS/S0653644.DOCX} Design Consultant Agreement 01064.0001/864811.1 Murrieta Form 03/10

AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
GRC Associates, Inc.

This Agreement (“Agreement”), made this first day of March, 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and GRC ASSOCIATES, INC., a California Corporation ("CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct:

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

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

C. CITY desires as-needed Community Development Block Grant program administrative services.

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

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

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

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

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

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

DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 369
01064.0001/864811.1 {Client Files/4540/1/KFORMS/S0653644.DOCX} 2

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

2. ADMINISTRATION OF AGREEMENT

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

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

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

For CITY: Kristen Crane, Assistant City Manager
Address: City of Murrieta
One Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Phone: (951) 461-6065
Facsimile: (951) 461-6049
For CONSULTANT: Robert Vasquez, President
[Address.]
CONSULTANT: GRC Associates, Inc.

Address: 8060 Florence Avenue, Suite 303
Downey, CA 90240
Phone: 626-331-6373
Facsimile: 626-331-6375

3. TERM

3.1 The term of this Agreement shall be from 3/1/2023 until 6/30/2023, with the option to extend for one (1) additional year.

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

4. PAYMENT TO CONSULTANT

4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT a sum not to exceed thirty-thousand dollars ($30,000) billed as services are rendered based on rates defined on attached quote/proposal (Attachment 1).

DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 370
01064.0001/864811.1 {Client Files/4540/1/KFORMS/S0653644.DOCX} 3

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

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

5. STATUS OF CONSULTANT

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

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

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

6.1.2 of this Agreement.

5.4 Prevailing Wages. Pursuant to provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws.

DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 371
01064.0001/864811.1 {Client Files/4540/1/KFORMS/S0653644.DOCX} 4 Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub-consultant under him, in violation of the provisions of this Agreement.

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

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

6.1.1 Commercial General Liability. Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of Two Million Dollars ($2,000,000) per occurrence and subject to an annual aggregate of Four Million Dollars ($4,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37).

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

6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of 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.

DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 372
01064.0001/864811.1 {Client Files/4540/1/KFORMS/S0653644.DOCX} 5

6.1.4 Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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

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

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

6.6 Special Risks or Circumstances: CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

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

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

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

10. TERMINATION FOR CAUSE

10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency.

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

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

11. TERMINATION FOR CONVENIENCE OF CITY

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

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

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

13. DEFENSE AND INDEMNIFICATION

13.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest 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, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder. Notwithstanding the foregoing, CONSULTANT’s defense obligations shall not exceed its proportionate percentage of fault, except as set forth in section 2782.8 of the Civil Code, as amended by Senate Bill 496.

13.2 Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, 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 DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 375
01064.0001/864811.1 {Client Files/4540/1/KFORMS/S0653644.DOCX} 8 losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance of CONSULTANT, its officers, employees, representatives, subcontractors, or agents under this Agreement 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.

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

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

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

14. CONFLICT OF INTEREST
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.

14.1 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.

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

14.3 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
DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 376
01064.0001/864811.1 {Client Files/4540/1/KFORMS/S0653644.DOCX} 9 No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.

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

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

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

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

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

20. NON-WAIVER
DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 377
01064.0001/864811.1 {Client Files/4540/1/KFORMS/S0653644.DOCX} 10 The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.

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

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

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

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

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

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

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

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

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

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

CITY OF MURRIETA _____________________________
GRC Associates, Inc.
_____________________________
Kim Summers, City Manager _____________________________ Robert Vasquez, President
_____________________________
Signature
Attest:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, CMC, City Clerk _____________________________ Signature
Approved as to Form:
_____________________________
Tiffany Israel, City Attorney
NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operational Group” (Chair of the board, President or a Vice-president) and; (B) one from the corporation’s “Financial Group” (Secretary, DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 379
01064.0001/864811.1 {Client Files/4540/1/KFORMS/S0653644.DOCX} 12 Assistant secretary, Chief financial officer or an Assistant treasurer). See California Corporations Code section 313.

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EXHIBIT A
Scope of Services
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Quote/Proposal

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)

PROGRAM ADMINISTRATION AS-NEEDED

CONSULTING SERVICES
Prepared for:

City of Murrieta, CA
February 1, 2023
GRC Associates, Inc.
8060 Florence Avenue, Suite 303
Downey, CA 90240
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City of Murrieta |CDBG Program Administration As-Needed Consulting Services Table of Contents

1. NAME, ADDRESS, BRIEF DESCRIPTION AND LETTER OF
INTRODUCTION .........................................................................1

2. RESUME OF KEY PERSONNEL......................................................3

3. NARRATIVE ................................................................................4

4. OTHER PROJECTS - REFERENCES .................................................5

5. EXPERTISE / RELATED EXPERIENCE .............................................6

6. PROXIMITY TO WORK AREA.......................................................6

7. HOURLY RATES...........................................................................6 DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 383
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1. NAME, ADDRESS, BRIEF DESCRIPTION OF

FIRM & LETTER OF INTRODUCTION
Project Title: City of Murrieta: Community Development Block Grant Program Administrative As-Needed Services
Firm: GRC Associates, Inc.
8060 Florence Avenue, Suite 303
Downey, CA 90240
Tel: 626.331.6373/Fax: 626.331.6375
Contact Person: Robert G. Vasquez
President
[email protected]
Tel: 626.331.6373/Fax: 626.331.6375
GRC Associates, Inc. (GRC), a California corporation, is a multi-disciplinary planning firm that has provided professional consulting services to more than 60 cities and public agencies in California for the last 30 years.

GRC's office is located in the city of Downey, California. GRC is distinguished by its experience and expertise in all facets of the planning process, from comprehensive, long-range community planning to the development and implementation of specific programs and projects.

GRC's proposal is valid for 90 days.
___________________
Robert G. Vasquez
February 1, 2023
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February 1, 2023
Ms. Jakkie Arellano
Management Analyst
City of Murrieta
1 Town Square
Murrieta, CA 92562
RE: Request For Qualifications, Community Development Block Grant (CDBG) Program Administration As-Needed Consulting Services
Dear Ms. Arellano:

GRC Associates, Inc. is pleased to provide a proposal to provide professional consulting services to the City of Murrieta (“City”). We understand that the City wishes to complete the following: Working with the County of Riverside on program administration, assisting in all aspects of the “public service” component of the City’s CDBG program, closing out prior years, helping City with records management and other related duties to the administration of the CDBG program.

GRC is very familiar with the all of the City’s CDBG consulting needs. GRC has provided the requested consulting services to various cities in the past, and is also currently assisting other cities in Riverside, Los Angeles and Orange County with these types of CDBG and also CDBG-CV consultation services. In addition, GRC also currently implements various CDBG (housing rehabilitation) and CDBG-CV (business assistance) programs. We look forward to being considered for this assignment.

I will be the Project Manager, point of contact for this assignment and authorized to bind the contract with the City. GRC’s office is located in Downey and City staff may contact me at (626) 331-6373 or email me at: [email protected]. GRC meets all of the insurance requirements of the City of Murrieta and will provide certificates as needed. This proposal will be valid for a period of at least 90 days.

Thank you for your consideration and please let me know if you have any questions.

Respectfully submitted,
Robert G. Vasquez
President

URBAN PLANNING

SUSTAINABLE COMMUNITIES

HOUSING

ECONOMIC DEVELOPMENT

ENVIRONMENTAL
8060 FLORENCE AVENUE
SUITE 303
DOWNEY, CA 90240
T: (562) 553 - 0991
T: (626) 331 - 6373
F: (626) 331 - 6375
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2. Resume of Key Personnel
Robert G. Vasquez (President) will serve as the Project Manager. Other consultants will be brought in, as needed. Below is a brief description of experience.

Robert G. Vasquez, President, will be the person responsible for the day-to-day work on this assignment for the City of Murrieta.

He has worked on numerous Consolidated Plans, Action Plans, Analysis of Impediments to Fair Housing Choice and other related documents. In addition, he is currently providing on-going CDBG and CDBG-CV consultation services to Jurupa Valley. Also, he has many years of experience in implementing housing rehabilitation programs funded by CDBG and HOME funds. Mr. Vasquez has managed and implemented housing programs for the Cities of Westminster, Huntington Beach, Laguna Hills, Stanton, Costa Mesa and Hesperia. He is currently the Project Manager for the Huntington Beach rehab grant and loan program. Mr. Vasquez has also helped the City of Lakewood implement the Scatter Lot Acquisition Program by negotiating the acquisition of residential property for the City. He is also fluent in Spanish and has processed numerous applications in Spanish. And, he has prepared numerous economic development strategies. He
gathered economic data for the Downtown Los Angeles Strategic Plan work for the Los Angeles Community Redevelopment
Agency. He also prepared a reuse analysis for the City of Stanton, regarding a motel that the City considered buying and
developing affordable housing on the site. In addition, he has extensive real estate development consulting work experience.

Examples of some of the consulting services completed included development feasibility, financial analysis, site selection, appraisal reviews and preliminary valuation studies. He has prepared numerous market research, economic impact, project feasibility analysis, highest and best use, site location, retail leakage and preliminary valuation studies. He has provided Spanish translation and interpretation during community meetings regarding general plans, economic development
strategies and redevelopment plans.

Masters Public
Administration―
Harvard University
Masters of Business
Administration ―
Columbia University
Bachelor of Science―
University of Southern
California
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3. Narrative of Firm’s Interest
GRC has the type of experience to complete the City of Murrieta’s requested CDBGrelated consultation needs, including but not limited to the following:
• Working with the County of Riverside on program administration, • Assisting in all aspects of the “public service” component of the City’s CDBG program,
• Closing out prior years,
• Helping City with records management, and
• Other related duties to the administration of the CDBG program.

GRC has provided similar CDBG consulting services to another city in Riverside County for the past six years.

In addition to the requested services, GRC has other related experience that would enhance the level of service provided to Murrieta. For example, GRC has prepared numerous Five-Year Consolidated Plans, Annual Action Plans, Citizen Participation Plans and Analysis of Impediments to Fair Housing Choice (AI).

Also, GRC has implemented numerous CDBG programs. Over the last ten years, GRC has been helping cities administer housing rehabilitation loans and grants with federal Home Investment Partnership Act (HOME) and the Community Development Block Grant (CDBG) funds. GRC has helped five Southern California cities implement housing rehabilitation programs by assisting applicants through the loan/grant application and construction process, while working closely with the City’s housing managers.

And, GRC is currently implementing a CDBG-CV program (business grant program).

Murrieta’s RFQ requested some assistance with its CDBG business program.

Other CDBG experience / skills include GRC providing cities with CDBG environmental review, CDBG project/program eligibility requirement and lowmoderate income area benefit determination and mapping consultation services.

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4. Other Similar Projects - References
CDBG Consulting Services, Consolidated Plan, Annual Action Plan, Citizen Participation Plan, Analysis of Impediments to Fair Housing Choice and On-Going CDBG and CDBG-CV Consulting Services | City of Jurupa Valley (GRC) GRC is currently preparing the 2023-28 Consolidated Plan, implementing housing rehabilitation and business grant programs, and providing on-going CDBG consulting services for Jurupa Valley – a city in Riverside County. Also, GRC assisted this city in 2018 to prepare their Five-Year Consolidated Plan (2018-2022), the Annual Action Plan for 2018-2019 and the Citizen Participation Plan. In addition, GRC completed the City’s Analysis of Impediments to Fair Housing Choice. Other work included all the tasks to qualify the City of Jurupa Valley as an “entitlement city” and Jurupa Valley started receiving their own funds during this fiscal year.

Amy Sells 951-332-6464 (phone), 951-332-6995 (fax)
Senior Management Analyst
8930 Limonite Ave., Jurupa Valley, CA 92509
[email protected]
Consolidated Plan, Annual Action Plan, Citizen Participation Plan, Analysis of Impediments to Fair Housing Choice | City of Tulare (GRC) GRC assisted the City of Tulare in 2020 to prepare their Five-Year Consolidated Plan (2020-2024), the Annual Action Plan for 2020, Citizen Participation Plan and Analysis of Impediments to Fair Housing Choice 2020-2024.

Traci Myers 559-684-4230 (phone), 559-366-1701 (fax)
Community & Economic Development Director
411 E. Kern Ave., Tulare, CA 93274
[email protected]
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5. Examples of Knowledge / Expertise
As shown in previous section of this proposal, GRC is very familiar with the types of CDBG consulting services requested by the City of Murrieta.

6. Proximity to Murrieta
GRC’s office is in Downey, CA, approximately 72 miles from Murrieta, or 1 hour and 15 minutes by automobile. Distance would not be a factor – given that during the past six years, GRC has worked very well with another city in Riverside County – Jurupa Valley.

7. Hourly Rates
▪ Project Manager: $140 per hour
▪ Senior Staff: $95 per hour
▪ Support Staff: $75 per hour
DocuSign Envelope ID: F3C722F2-B907-40BB-8570-01770C140331 389

AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
GRC Associates, Inc.

This Agreement (“Agreement”), made this first day of July 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and GRC ASSOCIATES, INC., a California Corporation ("CONSULTANT") with reference to the following facts which are acknowledged by each party as true and correct:

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

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

C. CITY desires as-needed Community Development Block Grant program administrative services.

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

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

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

OPERATIVE PROVISIONS

1. RESPONSIBILITIES OF CONSULTANT

Design Consultant 01375.0022/927151.1
DocuSign Envelope ID: 3C70D718-9982-497B-8A39-A237ED01857D 2187 390
2 1.3. Monthly Written Reports. The President of CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.

2. ADMINISTRATION OF AGREEMENT

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

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

For CITY: Kristen Crane, Assistant City Manager
Address: City of Murrieta
One Town Square
24601 Jefferson Avenue
Murrieta, CA 92562
Phone: (951) 461-6065
Facsimile: (951) 461-6049
For CONSULTANT:

CONSULTANT:

Address:

Robert Vasquez, President
GRC Associates, Inc.
8060 Florence Avenue, Suite
303 Downey, CA 90240
Phone: 626-331-6373
Facsimile: 626-331-6375

3. TERM

3.1 The term of this Agreement shall be from 8/15/2023 until 8/31/2024, with the option to extend for one (1) additional year.

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

DocuSign Envelope ID: 3C70D718-9982-497B-8A39-A237ED01857D 2188 391
3 4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.

5. STATUS OF CONSULTANT

6.1.2 of this Agreement.

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

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

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

General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37).

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

6.1.4 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.

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5 6.1.5 Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

6.3 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.

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

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6 8. CONFIDENTIALITY AND USE OF INFORMATION

8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright 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 and COUNTY against any action or claim brought by the copyright holder.

10. TERMINATION FOR CAUSE

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7 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

13. DEFENSE AND INDEMNIFICATION

13.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of CITY or COUNTY, 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, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.

Notwithstanding the foregoing, CONSULTANT’s defense obligations shall not exceed its proportionate percentage of fault, except as set forth in section 2782.8 of the Civil Code, as amended by Senate Bill 496.

13.2 Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, 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 DocuSign Envelope ID: 3C70D718-9982-497B-8A39-A237ED01857D 2193 36
8 losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance of CONSULTANT, its officers, employees, representatives, subcontractors, or agents under this Agreement 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.

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

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

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

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10 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.

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

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.

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11 29. Special Federal Requirements
A. In addition to any other provisions set forth herein, CONSULTANT agrees to the federal requirements contained in this Section 29. In the event of a conflict between any term in this Section 29 and any other provision of this Agreement, the terms of this Section 29 shall prevail.

B. CONSULTANT and CITY do hereby acknowledge that this project will be partially or fully funded with Community Development Block Grant (CDBG) funds [24 CFR 570] and is therefore subject to applicable Federal procurement, labor, environmental, equal opportunity, and other regulations.

C. CONSULTANT shall maintain and keep books and records on a current basis, recording all transactions pertaining to this agreement in a form in accordance with generally acceptable accounting principles. Said books and records shall be made available to the City. All such books and records shall be retained for such periods of time as required by law, provided, however, notwithstanding any shorter periods of retention, all books, records, and supporting detail shall be retained for a period of at least four (4) years after the expiration of the term of this Agreement.

D. Insurance.
“Indemnity and Hold Harmless- The CONSULTANT agrees to and shall indemnify and hold harmless the County of Riverside, its Districts, Departments and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (hereinafter individually and collectively referred to as "Indemnities") from:

All liability, including, but not limited to loss, suits, claims, demands, actions, or proceedings to the extent caused by any alleged or actual negligent, reckless or intentional act, error or omission, of CONSULTANT, its directors, officers, partners, employees, agents or representatives or any person or organization for whom Consultant is responsible, arising out of or from the performance of professional services under this Agreement; and
All liability, including but not limited to, loss, suits, damage, claims and demands, based upon any alleged or actual act, error, omission, or occurrence of CONSULTANT, its directors, officers, partners, employees, agents or representatives or any person or organization for whom CONSULTANT is responsible, arising out of, in connection with, resulting from conditions created by CONSULTANT, or caused by the CONSULTANT’s performance or failure of performance of any work or services, other than professional services covered under Section 13.1 above, under this Agreement.

As respects each and every indemnification herein CONSULTANT shall defend and pay, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, and defense and settlements or awards against the County of Riverside, its Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives.

With respect to any action or claim subject to indemnification herein by CONSULTANT, CONSULTANT shall, at their sole cost, have the right to use counsel of their own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the County of Riverside; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CONSUTANT’s indemnification to Indemnities as set forth herein.

CONSULTANT’s obligation hereunder shall be satisfied when CONSULTANT has provided to Indemnities the appropriate form of dismissal relieving Indemnities from any liability for the action or DocuSign Envelope ID: 3C70D718-9982-497B-8A39-A237ED01857D 2197 400
12 claim involved.

The specified insurance limits required in this Agreement shall in no way limit or circumscribe CONSULTANT’s obligations to indemnify and hold harmless Indemnities from third party claims.

In the event there is conflict between this clause and California Civil Code Section 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve the CONSULTANT from indemnifying the County of Riverside to the fullest extent allowed by law.

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

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

CONSULTANT: GRC ASSOCIATES,
INC., a California Corporation
CITY: CITY OF MURRIETA
Kim Summers, City Manager
Robert Vasquez, President
Attest:

Name/title of signatory
Cristal McDonald, CMC, City Clerk
Approved as to Form:

Tiffany Israel, City Attorney
DocuSign Envelope ID: 3C70D718-9982-497B-8A39-A237ED01857D Robert Vasquez, Secretary
Kimberly Ramirez Deputy City Clerk
2198 401
13 NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operational Group” (Chair of the board, President or a Vice-president) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant secretary, Chief financial officer or an Assistant treasurer). See California Corporations Code section 313.

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14 EXHIBIT A
Scope of Services
I. Consultant shall perform the following services when requested by the City:
• Any CDBG-related consultant work as requested by the City; and • Provide expert knowledge of CDBG programs and procedures; and • Act as a liaison of the City with CDBG program recipients; and • Conduct site visits to review program operations and documents; and • Provide clarification on CDBG guidelines and policy; and • Advocated on behalf of the City when inconsistencies with the COUNTY arise.

II. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

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

III. Consultant’s billing rates for Services are:
• Project Manager: $140 per hour
• Senior Staff: $95 per hour
• Support Staff: $75 per hour
City will pay Consultant upon City’s receipt of a written invoice provided by Consultant no more than monthly. City will pay Consultant for work completed, billed in increments of six minutes (0.1 hours), not to exceed $30,000. The City will reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the Client that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed $30,000. To receive reimbursements, the Consultant must provide the City with a receipt and a description of the expense incurred along with the invoice. No mark up on expenses may be added.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 13.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Isaac Bravo, Management Analyst
SUBJECT:

Environmental Program Funding for Fiscal Year 2024/25

RECOMMENDATION
Approve the allocation of grant funding and amend the Fiscal Year 2024/25 Budget to include the revenue and projected expenditure of State grant funding awarded to the City.

PRIOR ACTION/VOTE
None.

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

BACKGROUND
On September 14, 2024, the City of Murrieta (City) was notified by the California Department of Resources and Recovery (CalRecycle) of grant funding available for implementation, capacity planning, procurement, and other activities related to SB 1383 (Short-Lived Climate Pollutants) legislation. SB 1383 is landmark legislation enacted in 2016 that requires all cities throughout the State to implement the diversion of organic materials and reduce food waste from commercial food generators away from landfills. The total amount set aside for the City based on population was $199,216. CalRecycle subsequently amended its allocations based on participating agencies and increased the City’s allocation of grant funding to $292,904.

The City worked with CalRecycle to program the funding as follows:

Expenditure Detail Allocated Funds
Indirect Costs $ 14,290
Edible Food Recovery $ 56,438
Education and Outreach $ 70,000
Equipment $ 75,000
Personnel $ 15,000
Procurement $ 62,176
Total: $292,904
Some notable components of the allocated funding are the purchase of kitchen pails to provide at no cost to residents to encourage the use of their green compost bins for food waste, an expanded education and outreach campaign, dedicated funds for procurement of compost or mulch materials for use by the City, residents, and businesses, and funding for participation of the second year of the Western Riverside Council of Governments (WRCOG) Edible Food Recovery program.

Additionally, the City receives annual grant funding through CalRecycle’s City/County Payment program. The State sets aside $10.5 million in funding available to all cities and counties. The City was eligible to receive $27,828. This funding is meant for activities related to beverage container recycling with the goal of encouraging appropriate disposal and recycling of existing plastic, glass, and aluminum containers. The proposed expenditures approved by CalRecycle are below:

Expenditure DetailAllocated Funds
Beverage Container Collection Programs $10,000
Litter Collection $ 2,000
Advertising/Promotional $ 2,000
Recycling Education $ 1,000
Personnel $12,828
Total: $27,828
The City has two years to expend both grants from the grant award date. The allocation of program funding will enable the city to effectively educate, inform, and provide resources to support environmental programs without directly impacting the general fund. Furthermore, the funding from both programs will help the City meet State mandates while aligning with the City’s long-term environmental goals.

FISCAL IMPACT
There is no impact on the City’s general fund. SB 1383 funding will be allocated in 353010-42221 50159353- 42221 and expended from 35530010-60000 50159353-60000. The City/County payment grant will continue to be allocated to existing funding accounts.

ATTACHMENTS
None.

CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 14.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Isaac Bravo, Management Analyst
SUBJECT:

First Amendment to an Agreement with Western Riverside Council of Governments for Regional Food Recovery and Local Assistance Program

RECOMMENDATION
Approve the First Amendment to the Agreement with Western Riverside Council of Governments in the amount of $56,438 for services related to edible food recovery and local assistance for local commercial food generators implementing SB 1383 requirements and extending the agreement by one year; and Authorize the City Manager to execute the agreement.

PRIOR ACTION/VOTE
None.

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

BACKGROUND
Senate Bill 1383 (SB 1383) is landmark solid waste legislation enacted in 2016 that aims to reduce greenhouse gas emissions in California by 2030. The legislation mandates that cities throughout the State comply with the regulation, which includes organic waste diversion and food recovery from commercial retail establishments, such as grocery stores, wholesale food vendors, food service providers, and food distributors (Tier 1 generators), and restaurants, hotels, health facilities, and local education agencies with on-site food (Tier 2 generators). The California Department of Resources Recycling and Recovery (CalRecycle) oversees SB 1383 implementation throughout the State. The City is required to enact SB 1383 requirements locally and to maintain an implementation record as part of compliance with the law.

To assist cities with compliance with the food recovery requirement, the Western Riverside Council of Governments (WRCOG) instituted a regional program to meet the State’s requirements specific to edible food recovery. WRCOG member agencies have the option to participate in this program. The cost to participate is shared with proportionally based on the size of each participating city. For Murrieta (City), participating in a CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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8/20/2024
Agenda Item No. 14.
shared with proportionally based on the size of each participating city. For Murrieta (City), participating in a regional program is a cost-effective approach to meeting the SB 1383 food recovery requirements because there is an economy of scale versus the City developing and managing its own program.

On September 12, 2023, the City entered into an agreement with WRCOG to participate in the program, along with four other municipal agencies (Jurupa Valley, Moreno Valley, Perris, and San Jacinto). The City’s cost for participating in the program was $68,999. The scope of services for the first year included, development and implementation of the food recovery program, educating businesses regarding food donation obligations, increasing access to food recovery services, identifying any gaps in edible food recovery capacity, and closing identified gaps.

The consultant hired by WRCOG to lead the program’s efforts, MSW Consultants (MSW), conducted extensive outreach including a virtual workshop for all businesses within each agency’s area and in-person site visits for Tier 1 and 2 generators. Through this program, in Murrieta, 32 businesses were identified as Tier 1 or 2 generators and were educated regarding food recovery efforts, along with eight food rescue organizations. Additionally, 18 Murrieta Valley Unified School District schools were contacted since schools are also considered Tier 2 generators.

Through this program with WRCOG, local applicable businesses were also signed up for the Careit application, which is a web-based application that allows for easier food recuperation efforts. It meets the State’s requirements for “established contracts,” and is available to the businesses at no cost due to the City’s enrollment in WRCOG’s program. Careit enables businesses to flag donations as “available” in the app to then connect with local food rescue organizations for collection and diversion of that food. Additionally, two other food rescue organizations were identified during MSW’s review and added as potential food rescue partners for Tier 1 and 2 generators. In total, there are eight food rescue organizations operating in Murrieta, which in 2023 rescued 1,888,485 pounds of food, then distributing it to food insecure individuals, preventing it from going to the landfill, which reduces greenhouse gas emissions and saves the cost of disposing that food in a landfill.

The first amendment to the agreement (Attachment 1) extends the performance period with WRCOG and their consultant MSW for an additional year to August 1, 2025. The scope of work remains the same, with the exception that the emphasis of the program is shifting from solely education and outreach to weaving in more attention to compliance with the SB 1383 requirements, which is what CalRecycle is mandating of the City.

FISCAL IMPACT
There is no fiscal impact to the General Fund for participation in this program. The City has obtained and programmed funding through a State grant (OWR4) specifically for implementing programs to comply with SB 1383. Participation in WRCOG’s food recovery program is an eligible expense for this grant. The grant fund expenditure budget is available in account 3530010-60000 / 50159353-60000.

ATTACHMENTS

1. Proposed Amendment No. 1

2. Executed Agreement with Western Riverside Council of Governments CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
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01375.0001/984202.1
AMENDMENT NO. 1

TO THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

REGIONAL FOOD RECOVERY AND LOCAL ASSISTANCE

PROGRAM AGREEMENT

1. PARTIES AND DATE.

This Amendment No. 1 to the Western Riverside Council of Governments Regional Food Recovery and Local Assistance Program Agreement (“Amendment No. 1”) is entered into this __ day of , 2024 by and between the WESTERN
RIVERSIDE COUNCIL OF GOVERNMENTS (“WRCOG”) and CITY OF MURRIETA (“Member Agency”). The WRCOG and Member Agency are sometimes referred to individually as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 On or about August 17, 2023, the Parties entered into the Western Riverside Council of Governments Regional Food Recovery and Local Assistance Program Agreement for Member Agency to receive certain on-call professional services as provided by WRCOG under the Regional Food Recovery and Local Assistance Program (“Agreement”).

2.2 The Parties now desire to amend the Agreement to revise the Term and Payment.

3. TERMS.

3.1 Term. Section 3.1.1 of the Agreement is hereby deleted and replaced as follows:
“Term. The term of the Agreement shall be from August 1, 2023, to August 1, 2025, unless earlier terminated as provided herein. ”

3.2 Payment. Section 3.1.1 of the Agreement is hereby deleted and replaced as follows:
“Payment. WRCOG shall receive payment for all Services rendered under this Agreement at the amount set forth in Exhibit B, which includes the capacity planning and year two costs, and a 7.5% fee of the total amount for all Services rendered for WRCOG’s administrative services. The Member Agency’s total payment under this Agreement to WRCOG shall not exceed Sixty Eight Thousand, Nine Hundred and Ninety-Nine Dollars and Ninety Five Cents ($68,999.95) for the first year of the Services and Fifty-Six Thousand Four Hundred Thirty-Eight ($56,438.00) for the second year of the Services (cumulatively, the “Total Payment”) without written approval by Member Agency.
408
01375.0001/984202.1
(a) Submitting Payment. WRCOG shall submit to Member Agency on a quarterly basis an itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date for the Services through the date of the statement.

Member Agency shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.”

3.3 Exhibit B. Exhibit B, as referenced in Section 3.2 above, is attached hereto and incorporated by reference and hereby added to the Agreement.

3.3 Except as set forth herein, all provisions of the Agreement and Amendments shall remain in full force and effect, and shall govern the actions of the Parties hereto and the amended provisions set forth in this Amendment No. 1. [SIGNATURE PAGE TO FOLLOW]
409
01375.0001/984202.1
SIGNATURE PAGE TO AMENDMENT NO. 1 TO

THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS REGIONAL FOOD

RECOVERY AND LOCAL ASSISTANCE PROGRAM AGREEMENT
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the date first written above.

WESTERN RIVERSIDE COUNCIL OF

GOVERNMENTS
By
Kurt Wilson
Executive Director
City of Murrieta
By
Kim Summers
City Manager
Attest:

By
Cristal McDonald, MMC, City Clerk
Approved as to Form:

By
Best Best & Krieger LLP
WRCOG General Counsel
By
Tiffany Israel, City Attorney
410
01375.0001/984202.1

EXHIBIT B
Capacity Planning
411
01375.0001/984202.1
412
01375.0001/984202.1
413
01375.0001/984202.1
414
01375.0001/984202.1
Year 2 Budget
415
20323.00149\41150763.4
1 WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

REGIONAL FOOD RECOVERY AND LOCAL ASSISTANCE

PROGRAM AGREEMENT

1. Parties and Date.

This Agreement is made and entered into this _____ day of ____, 2023, by and between the Western Riverside Council of Governments, a California public agency (“WRCOG”) and City of Murrieta ("Member Agency"), a California general law municipal corporation, whose address is 1 Town Square Murrieta, CA 92562. WRCOG and Member Agency are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Member Agency.

The Member Agency desires to participate in the Regional Food Recovery and Local Assistance program (the “Program”) in order to receive certain professional services as provided by WRCOG via its chosen consultant, MSW, pursuant to the terms and conditions set forth in this Agreement and in the task order(s) to be issued pursuant to this Agreement and executed by the parties (“Task Order”).

3. Terms.

3.1 Scope of Services and Term. Member Agency has requested WRCOG to provide certain professional service (“Services”) offered under the Program, as further described in Exhibit “A” attached hereto.

3.1.1 Term. The term of this Agreement shall be from August 1, 2023] to August 1, 2024, unless earlier terminated as provided herein.

3.1.2 Services. The Services to be provided under this agreement shall be set forth in Task Orders approved by WRCOG and the Member Agency. The Task Order shall include a description of the Services, the requested schedule for the Services, the Consultant assigned to perform the Services (“the Consultant”), the expected product and the maximum budget for the Services provided under the Task Order. The maximum cost of Consultant’s work provided to the Member Agency shall not exceed the maximum budget set forth in the Task Order without the written approval from WRCOG.

3.1.3 Payment. WRCOG shall receive payment for all Services rendered under this Agreement at the amount set forth in the Task Order and a 7.5% fee of the total amount for all Services rendered for WRCOG’s administrative services. The Member Agency’s total payment under this Agreement to WRCOG shall not exceed Sixtyeight thousand nine hundred ninety-nine dollars and ninety-five cents (68,999.95) (“Total Payment”) without written approval by Member Agency.

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2 (a) Submitting Payment. WRCOG shall submit to Member
Agency on a quarterly basis an itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date for the Services through the date of the statement. Member Agency shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.

3.2 Insurance. WRCOG shall require the Consultant to procure and maintain, at its own expense, for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall give both WRCOG and the Member Agency insured status.

3.3 General Provisions.

3.3.1 Termination of Agreement.
(a) Grounds for Termination. WRCOG or the Member Agency may terminate the whole or any part of this Agreement at any time and without cause by giving written notice of such termination, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination.

3.3.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Member Agency: City of Murrieta
1 Town Square
Murrieta, CA 92562
Attn: City Manager
WRCOG: Western Riverside Council of Governments
3390 University Ave., Suite 200
Riverside, CA 9501
Attn: Kurt Wilson
Phone: 951-405-6701
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

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3 3.3.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.3.4 Attorney’s Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.

3.3.5 Indemnification. WRCOG’s agreement with the Consultant shall require the Consultant to defend, indemnify and hold the Member Agency, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to the Services provided by the Consultant under the Program.

3.3.6 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

3.3.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County.

3.3.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.3.9 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties.

3.3.10 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of WRCOG. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.3.11 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to the Member Agency include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to WRCOG include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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4 3.3.12 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.3.13 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.3.14 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.3.15 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.3.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement.

Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.3.17 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE
TO

WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS

AGREEMENT FOR REGIONAL FOOD RECOVERY AND LOCAL ASSISTANCE

PROGRAM SERVICES
IN WITNESS WHEREOF, the Parties hereby have made and executed this Agreement as of the date first written above.

WESTERN RIVERSIDE COUNCIL CITY OF MURRIETA

OF GOVERNMENTS
By: ____________________________ By: __________________________ Kurt Wilson Kim Summers
Executive Director City Manager
Attest:

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

By: _________________________ By: _________________________ General Counsel Tiffany Israel, City Attorney
Best Best & Krieger LLP
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 15.

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

Acceptance of Donations from the Friends of the Murrieta Library

RECOMMENDATION
Accept donations from the Friends of the Murrieta Library in the amount of $58,000; and Authorize the City Manager to amend the Fiscal Year 2024/25 Operating Budget.

PRIOR ACTION/VOTE
None.

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

BACKGROUND
In July 2024, the Murrieta Public Library (Library) received $46,000 from the Friends of the Murrieta Library (Friends) based on a request for funding to assist with the cost of Collection Development, which includes museum passes, electronic resources, and supplies for programs (Attachment 1).

The funding request also included $12,000 for performers/presenters for the Library’s enrichment programs, to be paid directly via checks from the Friends to various performers/presenters throughout the fiscal year. It was later determined that having the Friends donate the $12,000 directly to the Murrieta Public Library was more efficient, so a second request was submitted to the Friends for performers (Attachment 2).

The total donation amount from the Friends this Fiscal Year is $58,000. The adopted budget was established at $38,000. Therefore, the Operating Budget needs to be increased by $20,000 to match the actual donation amount.

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Agenda Item No. 15.

FISCAL IMPACT
Upon acceptance of the Friends’ donation, the City Manager will be authorized to amend the Fiscal Year 2024/25 Operating Budget to increase the Revenue budget under account 3110050-47701 by $20,000 to $58,000 and increase the expenditure appropriation under account 3115900-62920 by $25,000, account 3115900-63360 by $3,000, and account 3115900-60480 by $12,000.

ATTACHMENTS

1. Request for Programming and Collection Funds

2. Request for Performer Funds Only
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8 Town Square, Murrieta, CA 92562 ● (951) 304-BOOK (2665) ● www.MurrietaCA.gov May 13, 2024
TO: President Rita Nastri and the Friends of the Murrieta Library Board FROM: Melvin Racelis, Library Manager
RE: Request for Fiscal Year 2024-2025 Programming and Collection Funds This memo requests 2024-2025 fiscal year funding for program performers, supplies, and collection. Based on the previous year we have determined our needs, as detailed below, to continue offering excellent programming as well as a top-notch collection for our community. Your generous support would be greatly appreciated.

Performers $12,000
Supplies $21,000
Collection (Museum Passes, Seed Library, E-Resources) $25,000 ________________________________________________________________ Total $58,000

Should you approve this request for funds, a check made out to Murrieta Public Library in the amount of $46,000 for the supplies and collection can be made for deposit into the Library’s Fund account after July 1, 2024.

A detailed schedule of check requests for performers will be given at a later date.

Your consideration of this request is most appreciated! Sincerely,
Melvin Racelis
Library Manager
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8 Town Square, Murrieta, CA 92562 ● (951) 304-BOOK (2665) ● www.MurrietaCA.gov July 8, 2024
TO: President Rita Nastri, Treasurer Dan Rexwinkel, and the Friends of the Murrieta Library Board
FROM: Melvin Racelis, Library Manager
RE: Second Request for Fiscal Year 2024-2025 - Performer Funds Only This memo for the 2024-2025 fiscal year is a request for funding specifically for program performers only. We have received and deposited one check already for $46,000 for collection development and supplies and are very grateful for the continued support.

Should you approve this second request for funds, a check or checks made out to the Murrieta Public Library at any time during this fiscal year in an amount not to exceed $12,000 would be most appreciated.

Sincerely,
Melvin Racelis
Library Manager
MR/ges
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 16.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Lea Kolek, Parks and Community Service Manager SUBJECT:

Field Use and Allocation Policy Update

RECOMMENDATION
Approve the language modifications to the 2014 Field Use and Allocation Policy as proposed by staff and the Parks and Recreation Commission.

PRIOR ACTION/VOTE
On August 19, 2014, the CSD Board adopted Resolution CSD No. 14-197 for the approval of the updates to the Field Allocation Policy (Vote: 4-1).

On March 7, 2019, the Parks and Recreation Commission provided direction to staff regarding the subjects presented in the Field Use and Allocation Policy in order to form a recommendation for the City Council (NonAction).

On March 7, 2024, the Parks and Recreation Commission began discussing possible updates to the Field Use and Allocation Policy in order to form a recommendation for the City Council (Non-Action).

On May 2, 2024, the Parks and Recreation Commission approved recommended updates to the Field Use and Allocation Policy to be presented to the City Council for review and approval (Vote: 5-0).

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

BACKGROUND
Early reviews of the City’s Field Use and Allocation Policy first came before the Parks and Recreation Commission and City Council in early 2004, then again for subsequent revisions in 2008 and 2010. In 2019 and into 2020, staff initiated another round of reviews, but COVID and other Community Services Department priority projects forestalled any forward momentum on the item until recently.

Earlier this year, staff brought forward for discussion to the Parks and Recreation Commission (Commission) CITY OF MURRIETA Page 1 of 3 Printed on 8/15/2024
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Agenda Item No. 16.

Earlier this year, staff brought forward for discussion to the Parks and Recreation Commission (Commission) various updates to the Field Use and Allocation Policy (Policy). This document details provisions that aim to efficiently allocate limited field space, define eligibility criteria, and establish transparent processes for sports organizations, as well as help balance demand, ensure fair access, and promote safe and effective field usage within the community. All updates to the Policy are subject to City Council review and approval.

As part of the discussion with the Commission, staff explained the recommended updates and answered the Commissioners’ questions related to the Policy. The updates to the Policy provide “clean up” language in areas that had previously been subject to varying interpretation, as well as more defined language on how to better prioritize requests for inter-league play and tournaments. A summary of the recommended updates to the Policy is listed below:
a. Revise language in the definitions section;
b. Revise language concerning deposit requirements;
c. Include the City’s Fee Schedule by reference to incorporate it as part of the revised Policy; d. Include new language to provide a residency credit for a league that offers an accredited and nationally recognized advancement program, which is an athletic program that continues beyond recreation and competitive travel teams, through which athletes move on to regional, state, or national programs with which the league may be affiliated;
e. Include language that defines the length of a practice; f. Revise the language for tournaments to more clearly state that tournaments require a separate request from regular season play and that additional documentation is required; and g. Include new language regarding on-site concession building use versus league concession areas.

During the recent discussion with the Commission, the Commissioners recommended two additional updates.

These two updates included the following and are included in the final redlined draft attached to this report:
a. Simplify Section 2: Order of Priority for Field Allocations, as all youth league organizations now play year-round; and
b. Merge Sections 8 and 9 as they both detail provisions relating to the health department, snack bars, and concessions.

Both the redlined copy of the proposed language modifications and a clean version of the Policy are attached (Attachment Nos 1 & 2).

At each of the two field allocation meetings that occurred in 2024 with the sports leagues in January and July, staff previewed with them that these proposed updates were being brought forward for City Council consideration.

FISCAL IMPACT
Any fees referenced in the proposed Field Use and Allocation Policy are included in the Adopted User Fee Schedule and have been incorporated into the Community Services Department’s Operating Budget. There is no fiscal impact associated with this report.

ENVIRONMENTAL IMPACT
None.

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Agenda Item No. 16.

ATTACHMENTS

1. Field Use and Allocation Policy update - redlined

2. Field Use and Allocation Policy update - amended, clean CITY OF MURRIETA Page 3 of 3 Printed on 8/15/2024
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CITY OF MURRIETA

COMMUNITY SERVICES DEPARTMENT DISTRICT
Field Use and Allocation Policy
Approved By City Council on August 19, 2014

1. DEFINITIONS
a. Advancement Program – Athletic programs that go beyond local recreation and competitive or travel ball formats. These programs have athletes move on to regional, state, or national programs with which the league may be affiliated.
b. Camps – Camps are for athletes and/or coaches who want to develop their athletic skills.

Outstanding instruction, skill development and intense competition prepare the athlete and/or coach for future athlete competition.
c. City – The City of Murrieta
d. City Sponsored Activity – Any program, either youth or adult, offered by the City to the public.

This includes, but is not limited to, adult softball and soccer, youth recreational classes, camps, and special events.
e. Competitive or Travel Youth Groups – A competitive or travel youth group is one where registration for a specific team or group is based upon competitive tryouts and registration is limited to a specific number of players or teams.
f. District – Murrieta Valley Unified School District
g. District Sponsored Activity – Any program offered by the District for educational purposes or for recreational activities.
h. Games – Organized, competitive events typically involving two teams within the same league and same division.
i. Good Standing – An organization that has complied with all explicit obligations for a given season such as the timely submission of insurance, deposits, fees, rosters, and other field use requirements. j. Inter-League Play – Games organized by one league division (e.g. Murrieta U16), with teams of another league (e.g. Temecula U16) in which each division plays against the same division from each other’s league.
k. League – Leagues are organizations that consist of a minimum of four (4) teams or four (4) or more separate divisions.
l. League Representative – An individual designated by the League with authority to act and make decisions on behalf of the League.
m. Non-Resident League or Organization – A “non-resident” league or organization is one in which the resident participation does not meet at least eighty percent (80%) and/or the governing board does not consist of at least eighty percent (80%) Murrieta residents. n. Resident League or Organization – A “resident” league or organization is one in which the resident participation in the league or organization is at least eighty percent (80%) and the governing board consists of at least eighty percent (80%) Murrieta residents. 438
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o. Recreational Youth Group – A recreational youth group is one that has open registration to all City residents. All participants are allowed to play and participate in organized play and practice and are not restricted by ability or skill level. Teams are typically formed in a manner that will allow for the creation of balanced teams and have a minimum play rule for all registered individuals. Each organization must be recognized as a 501(c)(3) Non-Profit group with a unique 501(c)(3) tax ID specific to the local chapter. All groups must show nonprofit status to be considered a Recreational Youth Group. Recreation leagues that have a competitive or travel program within their organization may designate up to twenty percent (20%) of the league’s total teams as competitive or travel. Recreational teams must make up at least eighty percent (80%) of the league. Any league failing to have eighty percent (80%) of its teams playing in a recreational division will be re-classified to a Competitive or Travel Youth Group.
p. Sublease – The use of facilities by a second entity during dates or times allocated to the original requestor without proper notification to the City. q. Tournament – A series of games or contests that make up a single unit of competition outside the regular season of play, or an invitational event.
r. Training or Conditioning – The action or organized process of teaching a group of individuals a particular skill; preparing athletes for the demands of a particular sport. a. Resident League or Organization - A “resident” league or organization is one in which the resident participation in the league or organization is at least 80eighty (80%)% and the governing board consists of at least 80eighty (80%)% Murrieta residents. b. Non-resident League or Organization - A “non-resident” league or organization is one in which the resident participation does not meet at least 80eighty (80%)% and/or the governing board does not consist of at least 80eighty (80%)% Murrieta residents. a. c. Recreational Youth Group - A recreational youth group is one that has open registration to all City residents of Murrieta. All participants are allowed to play and participate in organized play and practice and are not restricted by ability or skill level. Teams are typically formed in a manner that will allow for the creation of balanced teams and have a minimum play rule for all registered individuals. Each organization must be recognized as a 501(c)(3) Non Profit group with a unique 501(c)(3) tax ID specific to the local chapter. All groups must show nonprofit status to be considered Recreational Youth Group. Recreation leagues that have a competitive or travel program within its their organization may designate up to 20twenty% (20%) of the league’s total teams as competitive or travel. Recreational teams must make up at least 80eighty (80%)% of the league.
b.

Current Youth Groups with a competitive or travel division will have until January 2015 to comply with the 20% maximum number of teams in the competitive division. After the completion of that initial season any league failing to have 80eighty (80%)% of its teams playing in a recreational division will be re-classified to a Competitive Youth Group.
d. Competitive or Travel Youth Groups - A competitive or travel youth group is one where registration for a specific team or group is based upon competitive tryouts and registration is limited to a specific number of players or teams.
e. League Representative - An individual designated by the League with authority to act and make decisions on behalf of the League.For consistency and to help reduce confusion, the Recreation Department requires that each league assign The two (2) league representatives to act as liaisons between the City and the league.
f. City Sponsored Activity - Any program, either youth or adult, offered by the City to the public. This includes, but is not limited to, adult softball and soccer, youth recreational classes, 439
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camps, and special events.
g. DistrictMurrieta Valley Unified School District Sponsored Activity - Any program offered by the Murrieta Valley Unified School District (“District”) for educational purposes or for recreational activities.
h. League Definition - Murrieta leagues are organizations that consist of a minimum four (4) teams or four (4) or more separate divisions.
i. Tournament - A series of games or contests that make up a single unit of competition (as on a professional golf tour), the championship playoffs of a league or conference, or an invitational event.
j. Inter-League - Games organized by one league division, with teams in of another league in which each division played against the same division from each other’s league. k. Sublease - A lease by a tenant or lessee of part or all of leased premises to another person but with the original tenant retaining some right or interest under the original lease.l. Trainings – The action or organized process of teaching a group of individuals a particular skill. m. Camps - Sport-Specific activity in which the individual is trained in a specific sport.

2. ORDER OF PRIORITY FOR FIELD ALLOCATIONS
As part of the Joint Use Agreement (Agreement) between the City and the District, the schools designated in the Agreement become “parks” after 4:00 p.m. and on weekends, and the City has priority in use and scheduling, barring any after-school District activities District activities are given priority over all others for District -sponsored activities at both District facilities and City facilities, except that District activities do not have priority over City-sponsored activities at City facilities. . Accordingly, to help balance demand and ensure fair access with an emphasis toward the community’s youth, the order of priority for field allocations is as follows:
a. City of Murrieta (except that District-sponsored activities have priority at District facilities) b. Murrieta Valley Unified School District
c. Resident Recreational Youth Groups Groups playing in their respective season d. Resident Recreational Youth Groups playing outside their respective season e.d. Resident Competitive or Travel Youth Groups
f. Resident Adult Groups playing in their respective season g. Resident Adult Groups playing outside their respective season h.e. Non-Rresident Youth Groups
i.f. Non-Rresident Adult Groups
The respective season for baseball, softball, and lacrosse is January through June; for football, flag football, volleyball and soccer is July through December; and for basketball is November through February.

Field allocations will be made proportionately based on league registration and the number of fields available.

For purposes of example only, if Soccer League A has 750 participantskids registered, Soccer League B has 250 participantskids registered, and there are 20 soccer fields available, League A will be assigned 15 fields and League B will be assigned five (5) fields. Typically, field allocations are spread across the City to allow each league to have playing/practice fields close to everyone.

3. LEAGUE FORMATION
a. Any group looking to start a new league utilizing MurrietaCity -allocated facilities will be considered a nNon-rResident oOrganization for its the first season of play when the City is allocating fields. After the first season’s official rosters have been received, City staff will apply appropriate field use fees based on the organization’s classification as stated in Ssection 2, abovetwo. 440
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b. Due to the limited availability of facilities, the City of Murrieta will recognize a maximum of two (2) similar organizations in any sport. Requests for leagues of a particular sports that do not currently exist in the City Murrieta will be permitted based on facility availability without impacting current rResident rRecreational oOrganizations.

4. BI-ANNUAL FIELDS ALLOCATION MEETINGS -
Twice aeach year, the CityCommunity Services DistrictDepartment will hold fields allocation meetings. At these meetings, vital field information will be reviewedreviewed, and any field closures will be announced. To be invited to either of the fields meetings, a league or organization must be a rResident lLeague or oOrganization, as stated above. Once a Resident lLeague or oOrganization has met this requirements, theyit will be eligible to attend all fields meetings provided theyit (a) continues to meet all eligibility requirements, (b) that theyit have owes no outstanding paymentsbills to the Recreation Community Services Department and/or the City, and (c) that all forms from the prior season have been submitted to the City (where applicable). Any new league or organization wishing to be considered a rResident lLeague or oOrganization must submit a copy of theirits current list of registered players to the RecreationCommunity Services DepartmentCity at least one (1) week prior to the scheduled meeting. . Staff will verify residency and, if all requirements are met, they league or organization will be eligible to attend the next scheduled fields meeting. . Fields meetings are typically scheduled for the second week in January and July.

5. REQUIRED INFORMATION AND FORMS
a. Insurance -– Any league or organization requesting use of City or DistrictDepartment District fields and facilities must provide the RecreationCommunity Services DepartmentCity with a copy of its insurance naming the City and the District as additional insureds. Insurance policies are to have,have, at a minimum, general liability coverage of $1,000,000 and must be received and approved by the City before any use takes place. Staff cannot confirm reservations until the RecreationCommunity Services DepartmentCity receives proof of all requiredthe insurance policies.
b. Refundable Deposits - A $100 deposit for each City or DistrictDistrict field or facility is required. Leagues or organizations must submit a deposits to the Community Services DistrictDepartment City before any use takes place and before staff can confirm facilities.

At the end of the playing season, the RecreationCommunity Services DepartmentCity will refund the funds received for the general field deposits, provided that the group utilizing the requested facilities has not caused excessive damage to the facilities, as determined by the Community Services DistrictDepartment City. The Community Services DistrictDepartment If there has been damage, City, or its contractor, will repair any such damage and subtract the costs from the deposit; staff will refund any remaining portion to the respective league or organization. The group will be responsible for the cost of any damage to the facility which exceeds the amount of the deposit. In addition, staff will subtract any outstanding fees owed to the City from the deposits and will then return the remaining sum, if any, to the league or organization.

Deposits for leagues in good standing can be reduced to $500 per season or remain at $100/field, whichever is less, at the discretion of the Field Allocation Supervisor . c. Rosters and FeesNon-Resident FEES and Field Use Fees (1) Non-Resident FeesRosters - Before the first game, Non-Resident lall Leagues and oOrganizations must submit to the RecreationCommunity Services DepartmentCity rosters for each individual team or cheerleading squad playing on either City or DistrictDistrict facilities. The rosters must indicate the name and address of each participant. Recreation Department sStaff will verify Rresident/Nnon-Rresident status. Non-Rresidents are those individuals who:
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• Live outside the cCity limits of the CityMurrieta such as La Cresta or other unincorporated Riverside County areas;
• Have a P.O. Box as an address; or
• Provide no address; or
• Live in La Cresta or other unincorporated Riverside County areas. • Players without an address will be considered a non-resident.

If there are any questions regarding an individual’s status, please contact the Recreation Department City and a staff member can help you in making a determination.

For each nNon-rResident, staff will assess a fee of $10. All nNon-rResidency fees are due once staff determines the total cost.
(2) Field Use Fees -– AllNon-Resident Leagues and OOrganizations will be charged a field use and/or team fees for each team in their league. Current fees are referenced in the City’s Fee Schedule, and are which is incorporated into this pPolicy by reference. A cCopyies if the current Fee Schedule will be provided to each Non-Resident lLeague’s representatives prior to each the season. The Fee Schedule is also and/orNon-Resident L found on line at available on the City’s website: www.MurrietaCA.gov. (3) Residency Rate Allowance/Field Credits -
• Organizations that have their own facilities that they pay for and maintain within the City of Murrieta. (i.e., Non- City or School DistrictDistrict facilities) will be granted a 1 one percent (1%)% residency rate allowance up to a maximum allowance of 5five percent (5%)%. • Organizations that offer an accredited and regionally nationally recognized advancement program that continues beyond mere recreation and competitive travel ball will be granted a 3three percent (3%) residency rate allowance.
• Residency rate allowances have a total cap of 5five percent (5%). d. Playing Schedules - The RecreationCommunity Services Department- requests that leagues and organizations must submit (for for both City and DistrictDistrict facilities) to the City copies of both practice and game schedules to the RecreationCommunity Services Department at least one (1) week before each respective start date. By submitting playing game and practice schedules ahead of time, the Maintenance Department City can determine the schedules for mowing, trimming, fertilizing, stocking restrooms, etc. This will also enable the RecreationCommunity Services Departmentthe City to staff the parks and facilities accordingly.

City sStaff requests that each league or organization notify the the RecreationCommunity Services DepartmentCity when aprior to any change to the playing schedule occurs. League and organization representatives should understand that last minute changes are difficult to arrange and confirm; however, when sudden changes do arise, staff will make every effort to accommodate the situation. e. Practices - Team practice times will be allotted a maximum of two (2) hours per team per athletic field reservation.

6. FIELD USE AND OTHER FEES
a. Light Fees - Should leagues require field or court lighting, The City shall grant each league is with granted two access accounts for the control link website to schedule lights. For Should leagues require field or court lighting for sites without remote access will require athe league’s representative will need to submit 442
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a schedule to the City listing with the needed days and times needed to the RecreationCommunity Services Department. Please submit this request at least one week before the first date requested. All light usage will be billed to the league by staff based on the currently approved fees. (See attachement appendix)For current fee visit the current fee schedule online. Again, current fees are referenced in the City’s Fee Schedule, which is incorporated into this Policy by reference. A copy of the current Fee Schedule will be provided to each League’s representative prior to the season. The Fee Schedule is also available on the City’s website:
www.MurrietaCA.gov.

All official rosters are due by the first game. If rosters are not received by the second week of play, lights will not be turned on until they are received. Once games begin, any field/court with lights will be considered game facilities first any field with lights will be considered usable for games until 10:00 p.m. on Monday through Saturday evenings. Any league or organization assigned a field with lights and not using the lights for scheduled games must shall notify the RecreationCommunity Services DepartmentCity, when possible, so that another league or organization may have the opportunity to schedule games as needed. If no league or organization needs that field for games, then practices will be permitted on fields with lights. For purposes of fields with lighting, rResident lLeague or oOrganization practices or games have priority over nNon-rResident games.
b. Tournaments - Any league desiring to hosting tournaments outside of league play must submit a request and will be required to pay the tournament fees. This is the only time in which two nNon-rResident teams may play against each other on a Murrieta City field. Tournaments may be requested but will only be approved based upon availability of fields. Tournament requests must be made at least thirty (30) days in advance and not more than one (1) year in advance. The RecreationCommunity Services DepartmentCity will take into consideration typical season dates when requests are received by outside organizations.

Any tournament taking place during times reserved for recreational use must submit a reservation request and appropriate fee(s) will apply. Recreational league practices/games have priority over tournaments.

Please submit requests for tournament practices and games as soon as they become available to your league or organization. This will ensure that staff handles everything as accurately as possible for continuous play. c. Field Use in General – Athletic play must take place on the appropriate field, court, pitch, or area to maintain consistency in maintenance. If a particular field does not exist for a sport or should a league wish to use a field that is a-typical of that sport on a one-time basis (e.g. tournament play), it shall be at the discretion of the Field Allocation Supervisor to designate a field for play.

Mid-season tournaments taken place during times reserved for recreational use, must sumbit reservation request and appropriate fee will apply. Recreational league practices/games have priority over competitive tournaments.

Please submit requests for tournament practices and games as soon as they become available to your league or organization. This will ensure that staff handles everything as accurately as possible for continuous playOrganized activities such as (but not limited to) practices, games, clinics, trainings, try-outs, fitness groups, boot camps, and classes are by permit only. Whether activities are for-profit or not, groups must acquire a field permit to host activities on a City allocated field. This includes local businesses, travel ball teams, and educational groups.

7. FIELD PREP AND MAINTENANCE
Staff encourages lLeague and organization representatives must immediately to contact and make the RecreationCommunity Services Departmentthe City aware of any situation that might be a liability for participants. Presently, e Community Services DistrictDepartmentthe City waters and drags each baseball and 443
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softball field twice a week, Monday through Friday, at no cost to the leagues or organizations. Only California Oaks Sports Park Fields #1 - #3 and Alta Murrieta Sports Park Ball Field are prepped on Saturdays. a. Field Painting - All field paint must be water-basedbased, and a Material Safety Data Sheet must be on file with the Community Services DistrictCity. Any mixing, filling, or rinsing of paint must be done away from streams, creeks, and gutters, or should only be done on Decomposed Granite paths on a tarp or other containment device. Waste waterWastewater must be disposed of properly and not allowed to flow down gutters, streams, or creeks. For any additional questions, or should there be a need to know a particular maintenance or mow schedule at a park, please call the Maintenance Division epartment at (951) 461-6124. b. Prep - Leagues and organizations may prep and chalk their own baseball and softball fields, provided the RecreationCommunity Services DepartmentCity receives written notification outlining the scope of work each league or organization intends to perform. Prep work on baseball and softball fields includes permitting leagues to bring their own equipment and material in order to rake or hand drag uneven areas as well as to chalk foul lines, coaches boxes, on-deck circles, and pitching circles. The City prohibits dragging the field with any motorized vehicleNotice must be provided to staff at least two (2) weeks in advance on the request to use any motorized vehicle for field maintenance or game day prep. A schedule detailing dates and times for such activity must be submitted and subsequently approved by staff before leagues can perform the maintenance for field prep. The City’s Maintenance Department will review requests from leagues and organizations to water the fields on an as-needed basis. Such requests must be in writing, listing the dates required.

Using chalk on turf areas is prohibited as it has a tendency to burn and destroy the turf. Staff will deduct any such damage from the refundable deposits.

Please be aware that, iIf another league or organization has a field reserved immediately following any other league or organization, the first league or organization should must keep the field prep uniform enough so that both leagues or organizations may use that field.

8. HEALTH DEPARTMENT PERMIT AND CONCESSION STAND FEES
a. Any league that has been assigned usage of any field or park concession stand must display a current copy of the Health Department Permit at the site. All permits will be obtained by the organizer.

Community Services District and any associated fees will be passed onto the league or organization assigned that concession stand.
b. The RecreationCommunity Services Department will issue a key to the concession stand to the assigned league or organization. At no time should anything be permanently affixed to the walls of the concession stand without prior written approval from the RecreationCommunity Services Department. c. All leagues and organizations must inform the RecreationCommunity Services Department, in writing, of their intent to sell food or beverages at any site owned or maintained by the City before any such sales.
d. Any league or organization wishing to sell food (even prepackaged) at a facility without a concession stand must obtain a temporary Health Permit from the Riverside County Health Department. A copy of this permit must be submitted to the RecreationCommunity Services Department prior to any sales taking place.
e. Restriction will not be limited to one group over another when a specific site may be in use by multiple leagues; all groups will have the same opportunity for fund raising; however, non-profit groups will have priority.
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f. A signed copy of the Community Services DistrictDepartment’s waiver, releasing the City of Murrieta from liability, must be returned to the RecreationCommunity Services Department prior to any food or beverage sales.
g. If a league or organization is unsure as to what the regulations are related to food and beverage sales, please contact the Riverside Health Department at (951) 461-0284 should you have any direct questions.

Riverside County Health Department
Murrieta Health Office
38740 Sky Canyon Drive, Building 8
Murrieta, CA 92562
Telephone: (951) 461-0284
h. All leagues and organizations assigned the use of a concession stand will be billed for the actual amount of electricity used. Invoices Bills will coincide with the facility electric bill and will be based on kilowatt hours used.
i. All organizations utilizing a snack bar or hosting any onsite only sales must present a valid sellers permit and Murrieta business license.

9. 9. CONCESSIONS, CONCESSION STAND USE, AND HEALTH DEPARTMENT GUIDELINES Every organization will have the ability to vend or to host a snack bar each season to serve as a fundraising opportunity, as long as the City requirements are met. All leagues and organizations must inform the City, in writing, of their intent to sell food or beverages at any site owned or maintained by the City before any such sales commence.
a. If an organization is requesting to host a snack bar at a facility where there is an *on-site concession building, the following requirements must be met:
(1) The organization must first acquire a temporary health permit from the Riverside County Health Department. City staff will provide a letter to the requesting organization, which grants permission to said organization to seek a health permit for the facility in question.

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(5) The City will issue a key to the concession stand to the assigned league or organization. At no time should anything be permanently affixed to the walls of the concession stand without prior written approval from the City.
(2)(6) All leagues and organizations assigned the use of a concession stand will be billed for the actual amount of electricity used. Invoices will coincide with the facility electric bill and will be based on kilowatt hours used.
(7) If awarded use of an on-site concession building, the requesting organization may not seek any additional food vendors to serve as a fundraising opportunity unless said organization is hosting a special event. Additional documentation is then needed, the details of which can be found on the application for reserving athletic fields.
(3)(8) All leagues and organizations must clean and maintain the concession stand on a regular basis to ensure that its Health Department permit remains in good standing. The guidelines for maintaining food preparation facilities can be found on the Riverside County’s Department of Environmental Health website at www.rivcoeh.org.
b. If there are two (2) competing organizations present at a facility requesting use of an on-site, City-maintained concession building, City staff will grant permission to each league to the best of the City’s ability; however, concession buildings may not be suitable for two (2) competing organizations to operate out of during the same season due to equipment and building layouts. The competing organizations would split the concession building use with each organization occupying the concession stand for a season at a time. For example, Organization A operates the snack bar during the spring season and Organization B operates the snack bar during the fall season. During the season that an organization does not have access to the concession building, the organization will be permitted to set-up a temporary snack bar on-site in a City approved location during game activities.
c. If an organization is requesting to host a snack bar at a facility where there is not an on-site concession building, the following requirements need to be met:
(1) The organization will need to acquire a temporary health permit, even for vending prepackaged items, from the Riverside County Health Department. City staff will provide a letter to the requesting organization granting permission to said organization to seek a health permit for the facility in question. (2) There are two options:
.
i. The organization will be able to seek one (1) food vendor to serve as its snack bar for the entire season. If the organization is using an outside food vendor, it forfeits the opportunity for an additional snack bar that is hosted by the organization. ii. The organization would be permitted to run a more limited concession area (outside of a permanent structure) providing all Heath Department guidelines are met. (3) The organization will need to verify that its insurance will cover its usage of the snack bar activities and it is the sole responsibility of the organization to verify this information. If the requesting organization is using an outside food vendor, the requesting organization must provide City staff with the food vendor’s insurance that meets the City’s requirements and a release agreement from the food vendor. (2)(4) A copy of the City’s waiver, releasing the City of Murrieta from liability, must be signed by authorized representatives of the organization and returned to the City prior to any food or beverage sales. 446
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(3)(5) The organization must provide City staff with a copy of its Murrieta Business License number and Seller’s Permit. If the requesting organization is using an outside food vendor, then the requesting organization will need to provide City staff with a copy of the food vendor’s City of Murrieta Business License number and Seller’s permit.
(6) The organization may only set-up a temporary snack-bar in a City approved location.

Failure to set up the snack bar in an approved location shall forfeit the league’s ability to host a snack bar for the remainder of the season.
c. Electricity for temporary snack bars must be provided by the requesting organization. Any equipment that will be brought on-site must be approved by City staff before final permission for said use is granted.

10. MISCELLANEOUS INFORMATION
a. League and organization representatives must make their league or organization, and all those associated with their league or organizationm, aware of the rules, regulations, and guidelines that are listed on the back of the Athletic Field Reservation Request form. b. Keep in mind that the parks, and the facilities within the parks, are designed for everyone’s enjoyment. Please ensure that the next user finds the area in good condition. c. In order Ffor the City to maintain the fields in the best possible condition, please rotate the more commonly used areas during practices.
d. Fields may be closed at the discretion of the City’s or the District District’s Maintenance Division epartment in the event of unforeseen maintenance situations or excessive rain. Staff will provide notification to league or organization representatives as soon as possible.(See rain closure appendix) For the latest on field conditions, please check the Field Condition landing page on the City’s website at www.murrietaca.gov/502/field-conditions or call the Rainout Hotline at (951) 461-6101. e. Please submit restroom requests for specific opening and closing times for tournaments, practices, and games as soon as they become available to your organization. This will ensure that staff handles everything as accurately as possible for continuous play. f. Every attempt is made by City staff to Community Services District staff opens restrooms at Mapleton Park and Alta Murrieta Sports Park by at 8:00 a.m., at Los Alamos Hills Sports Park, California Oaks Sports Park and Copper Canyon Park by at 7:00 a.m., and at Mira Mosa Park by 8:30 a.m. on weekends. 447

CITY OF MURRIETA

COMMUNITY SERVICES DEPARTMENT
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City residents. All participants are allowed to play and participate in organized play and practice and are not restricted by ability or skill level. Teams are typically formed in a manner that will allow for the creation of balanced teams and have a minimum play rule for all registered individuals. Each organization must be recognized as a 501(c)(3) Non-Profit group with a unique 501(c)(3) tax ID specific to the local chapter. All groups must show nonprofit status to be considered a Recreational Youth Group. Recreation leagues that have a competitive or travel program within their organization may designate up to twenty percent (20%) of the league’s total teams as competitive or travel. Recreational teams must make up at least eighty percent (80%) of the league. Any league failing to have eighty percent (80%) of its teams playing in a recreational division will be re-classified to a Competitive or Travel Youth Group.
p. Sublease – The use of facilities by a second entity during dates or times allocated to the original requestor without proper notification to the City. q. Tournament – A series of games or contests that make up a single unit of competition outside the regular season of play, or an invitational event.
r. Training or Conditioning – The action or organized process of teaching a group of individuals a particular skill; preparing athletes for the demands of a particular sport.

For purposes of example only, if Soccer League A has 750 participants registered, Soccer League B has 250 participants registered, and there are 20 soccer fields available, League A will be assigned 15 fields and League B will be assigned five (5) fields. Typically, field allocations are spread across the City to allow each league to have playing/practice fields close to everyone.

3. LEAGUE FORMATION
a. Any group looking to start a new league utilizing City-allocated facilities will be considered a Non-Resident Organization for its first season of play when the City is allocating fields. After the first season’s official rosters have been received, City staff will apply appropriate field use fees based on the organization’s classification as stated in Section 2, above.
b. Due to the limited availability of facilities, the City will recognize a maximum of two (2) similar organizations in any sport. Requests for leagues of a particular sport that do not currently exist in the City will be permitted based on facility availability without impacting current Resident Recreational Organizations.

4. BI-ANNUAL FIELD ALLOCATION MEETINGS
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Twice each year, the City will hold field allocation meetings. At these meetings, vital field information will be reviewed, and any field closures will be announced. To be invited to either of the field meetings, a league or organization must be a Resident League or Organization, as stated above. Once a Resident League or Organization has met this requirement, it will be eligible to attend all fields meetings provided it (a) continues to meet all eligibility requirements, (b) that it owes no outstanding payments to the City, and (c) that all forms from the prior season have been submitted to the City (where applicable). Any new league or organization wishing to be considered a Resident League or Organization must submit a copy of its current list of registered players to the City at least one (1) week prior to the scheduled meeting. Staff will verify residency and, if all requirements are met, the league or organization will be eligible to attend the next scheduled fields meeting. Fields meetings are typically scheduled for the second week in January and July.

5. REQUIRED INFORMATION AND FORMS
a. Insurance – Any league or organization requesting use of City or District fields and facilities must provide the City with a copy of its insurance naming the City and the District as additional insureds.

Insurance policies are to have, at a minimum, general liability coverage of $1,000,000 and must be received and approved by the City before any use takes place. Staff cannot confirm reservations until the City receives proof of all required insurance policies.
b. Refundable Deposit - A $100 deposit for each City or District field or facility is required.

Leagues or organizations must submit a deposit to the City before any use takes place and before staff can confirm facilities.

At the end of the playing season, the City will refund the funds received for the general field deposits, provided that the group utilizing the requested facilities has not caused damage to the facilities, as determined by the City. If there has been damage, City, or its contractor, will repair any such damage and subtract the costs from the deposit; staff will refund any remaining portion to the respective league or organization. The group will be responsible for the cost of any damage to the facility which exceeds the amount of the deposit. In addition, staff will subtract any outstanding fees owed to the City from the deposits and will then return the remaining sum, if any, to the league or organization.

Deposits for leagues in good standing can be reduced to $500 per season or remain at $100/field, whichever is less, at the discretion of the Field Allocation Supervisor. c. Rosters and Fees
(1) Rosters - Before the first game, all Leagues and Organizations must submit to the City rosters for each individual team or cheerleading squad playing on either City or District facilities. The rosters must indicate the name and address of each participant. Staff will verify Resident/Non-Resident status. NonResidents are those individuals who:
 Live outside the limits of the City such as La Cresta or other unincorporated Riverside County areas;
 Have a P.O. Box as an address; or
 Provide no address;
If there are any questions regarding an individual’s status, please contact the City and a staff member can help in making a determination.

For each Non-Resident, staff will assess a fee of $10. All Non-Residency fees are due once staff determines the total cost.
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(2) Field Use Fees – All Leagues and Organizations will be charged field use and/or team fees for each team in their league. Current fees are referenced in the City’s Fee Schedule, which is incorporated into this Policy by reference. A copy if the current Fee Schedule will be provided to each League’s representative prior to the season. The Fee Schedule is also available on the City’s website:
www.MurrietaCA.gov.
(3) Residency Rate Allowance/Credit
 Organizations that have their own facilities that they pay for and maintain within the City (i.e., Non-City or District facilities) will be granted a one percent (1%) residency rate allowance up to a maximum allowance of five percent (5%).
 Organizations that offer an accredited and nationally recognized advancement program that continues beyond mere recreation and competitive travel ball will be granted a three percent (3%) residency rate allowance.
 Residency rate allowances have a total cap of five percent (5%). d. Playing Schedules - The leagues and organizations must submit (for both City and District facilities) to the City copies of both practice and game schedules at least one (1) week before each respective start date. By submitting game and practice schedules ahead of time, the City can determine the schedules for mowing, trimming, fertilizing, stocking restrooms, etc. This will also enable the City to staff the parks and facilities accordingly.

City staff requests that each league or organization notify the City prior to any change to the playing schedule.

League and organization representatives should understand that last minute changes are difficult to arrange and confirm; however, when sudden changes do arise, staff will make every effort to accommodate the situation. e. Practices - Team practice times will be allotted a maximum of two (2) hours per team per athletic field reservation.

6. FIELD USE AND OTHER FEES
a. Light Fees - The City shall grant each league with two access accounts for the control link website to schedule lights. Should leagues require field or court lighting for sites without remote access the league’s representative will need to submit a schedule to the City listing the days and times needed. Please submit this request at least one week before the first date requested. All light usage will be billed to the league by staff based on the currently approved fees. Again, current fees are referenced in the City’s Fee Schedule, which is incorporated into this Policy by reference. A copy of the current Fee Schedule will be provided to each League’s representative prior to the season. The Fee Schedule is also available on the City’s website:
www.MurrietaCA.gov.

All official rosters are due by the first game. If rosters are not received by the second week of play, lights will not be turned on until they are received. Once games begin, any field/court with lights will be considered game facilities first until 10:00 p.m. on Monday through Saturday evenings. Any league or organization assigned a field with lights and not using the lights for scheduled games shall notify the City, when possible, so that another league or organization may have the opportunity to schedule games as needed. If no league or organization needs that field for games, then practices will be permitted on fields with lights. For purposes of fields with lighting, Resident League or Organization practices or games have priority over Non-Resident games. b. Tournaments - Any league desiring to host tournaments outside of league play must submit a request and will be required to pay tournament fees. This is the only time in which two Non-Resident teams may 451
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play against each other on a City field. Tournaments will only be approved based upon availability of fields.

Tournament requests must be made at least thirty (30) days and not more than one (1) year in advance. The City will take into consideration typical season dates when requests are received by outside organizations.

Organized activities such as (but not limited to) practices, games, clinics, trainings, try-outs, fitness groups, boot camps, and classes are by permit only. Whether activities are for-profit or not, groups must acquire a field permit to host activities on a City allocated field. This includes local businesses, travel ball teams, and educational groups.

7. FIELD PREP AND MAINTENANCE
League and organization representatives must immediately contact and make the City aware of any situation that might be a liability for participants. Presently, the City waters and drags each baseball and softball field twice a week, at no cost to the leagues or organizations. a. Field Painting - All field paint must be water-based, and a Material Safety Data Sheet must be on file with City. Any mixing, filling, or rinsing of paint must be done away from streams, creeks, and gutters, or should only be done on Decomposed Granite paths on a tarp or other containment device. Wastewater must be disposed of properly and not allowed to flow down gutters, streams, or creeks. For any additional questions, or should there be a need to know a particular maintenance or mow schedule at a park, please call the Maintenance Division at (951) 461-6124.
b. Prep - Leagues and organizations may prep and chalk their own baseball and softball fields, provided the City receives written notification outlining the scope of work each league or organization intends to perform. Prep work on baseball and softball fields includes permitting leagues to bring their own equipment and material in order to rake or hand drag uneven areas as well as to chalk foul lines, coaches’ boxes, on-deck circles, and pitching circles. Notice must be provided to staff at least two (2) weeks in advance on the request to use any motorized vehicle for field maintenance or game day prep. A schedule detailing dates and times for such activity must be submitted and subsequently approved by staff before leagues can perform the maintenance for field prep. The City’s Maintenance Department will review requests from leagues and organizations to water the fields on an as-needed basis. Such requests must be in writing, listing the dates required.

Using chalk on turf areas is prohibited as it has a tendency to burn and destroy the turf. Staff will deduct any such damage from the refundable deposits.

If another league or organization has a field reserved immediately following any other league or organization, the first league or organization must keep the field prep uniform enough so that both leagues or organizations may use that field.

8. CONCESSIONS, CONCESSION STAND USE, AND HEALTH DEPARTMENT GUIDELINES 452
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Every organization will have the ability to vend or to host a snack bar each season to serve as a fundraising opportunity, as long as the City requirements are met. All leagues and organizations must inform the City, in writing, of their intent to sell food or beverages at any site owned or maintained by the City before any such sales commence.
a. If an organization is requesting to host a snack bar at a facility where there is an on-site concession building, the following requirements must be met:
(1) The organization must first acquire a temporary health permit from the Riverside County Health Department. City staff will provide a letter to the requesting organization, which grants permission to said organization to seek a health permit for the facility in question.

Riverside County Health Department
Murrieta Health Office
38740 Sky Canyon Drive, Building 8
Murrieta, CA 92562
Telephone: (951) 461-0284
(2) The organization must verify that its insurance will cover their usage of the snack bar and related activities. It is the sole responsibility of the organization to verify this information and provide proof of the same to the City prior to any sales of food or beverages. (3) A signed copy of the City’s waiver, releasing the City from liability, must be returned to the City prior to any food or beverage sales.
(4) The organization must provide the City staff with a copy of their City of Murrieta Business License number and Seller’s Permit.
(5) The City will issue a key to the concession stand to the assigned league or organization. At no time should anything be permanently affixed to the walls of the concession stand without prior written approval from the City.
(6) All leagues and organizations assigned the use of a concession stand will be billed for the actual amount of electricity used. Invoices will coincide with the facility electric bill and will be based on kilowatt hours used.
(7) If awarded use of an on-site concession building, the requesting organization may not seek any additional food vendors to serve as a fundraising opportunity unless said organization is hosting a special event. Additional documentation is then needed, the details of which can be found on the application for reserving athletic fields.
(8) All leagues and organizations must clean and maintain the concession stand on a regular basis to ensure that its Health Department permit remains in good standing. The guidelines for maintaining food preparation facilities can be found on the Riverside County’s Department of Environmental Health website at www.rivcoeh.org.
b. If there are two (2) competing organizations present at a facility requesting use of an on-site, City-maintained concession building, City staff will grant permission to each league to the best of the City’s ability; however, concession buildings may not be suitable for two (2) competing organizations to operate out of during the same season due to equipment and building layouts. The competing organizations would split the concession building use with each organization occupying the concession stand for a season at a time. For 453
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example, Organization A operates the snack bar during the spring season and Organization B operates the snack bar during the fall season. During the season that an organization does not have access to the concession building, the organization will be permitted to set-up a temporary snack bar on-site in a City approved location during game activities.
c. If an organization is requesting to host a snack bar at a facility where there is not an on-site concession building, the following requirements need to be met:
(1) The organization will need to acquire a temporary health permit, even for vending prepackaged items, from the Riverside County Health Department. City staff will provide a letter to the requesting organization granting permission to said organization to seek a health permit for the facility in question. (2) There are two options:
i. The organization will be able to seek one (1) food vendor to serve as its snack bar for the entire season. If the organization is using an outside food vendor, it forfeits the opportunity for an additional snack bar that is hosted by the organization. ii. The organization would be permitted to run a more limited concession area (outside of a permanent structure) providing all Heath Department guidelines are met. (3) The organization will need to verify that its insurance will cover its usage of the snack bar activities, and it is the sole responsibility of the organization to verify this information. If the requesting organization is using an outside food vendor, the requesting organization must provide City staff with the food vendor’s insurance that meets the City’s requirements and a release agreement from the food vendor. (4) A copy of the City’s waiver, releasing the City of Murrieta from liability, must be signed by authorized representatives of the organization and returned to the City prior to any food or beverage sales. (5) The organization must provide City staff with a copy of its Murrieta Business License number and Seller’s Permit. If the requesting organization is using an outside food vendor, then the requesting organization will need to provide City staff with a copy of the food vendor’s City of Murrieta Business License number and Seller’s permit.
(6) The organization may only set-up a temporary snack-bar in a City approved location.

9. MISCELLANEOUS INFORMATION
a. League and organization representatives must make their league or organization, and all those associated with their league or organization, aware of the rules, regulations, and guidelines that are listed on the back of the Athletic Field Reservation Request form.
b. Keep in mind that the parks, and the facilities within the parks, are designed for everyone’s enjoyment. Please ensure that the next user finds the area in good condition. c. For the City to maintain the fields in the best possible condition, please rotate the more 454
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commonly used areas during practices.
d. Fields may be closed at the discretion of the City or the District in the event of unforeseen maintenance situations or excessive rain. Staff will provide notification to league or organization representatives as soon as possible. For the latest on field conditions, please check the Field Condition landing page on the City’s website at www.murrietaca.gov/502/field-conditions or call the Rainout Hotline at (951) 461-6101. e. Please submit restroom requests for specific opening and closing times for tournaments, practices, and games as soon as they become available to your organization. This will ensure that staff handles everything as accurately as possible for continuous play. f. Every attempt is made by City staff to open restrooms at Mapleton Park and Alta Murrieta Sports Park by 8:00 a.m., at Los Alamos Hills Sports Park, California Oaks Sports Park and Copper Canyon Park by 7:00 a.m., and at Mira Mosa Park by 8:30 a.m. on weekends. 455

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 17.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Lea Kolek, Parks and Community Service Manager SUBJECT:

Updated Park and Recreation Facilities Naming Policy

RECOMMENDATION
Adopt Resolution CSD 24-282, entitled: A Resolution of the Board of the Murrieta Community Services District, Rescinding the Policy for Naming Park and Recreation Facilities Ratified on April 5, 1994, and Adopting an Updated Policy for Naming Parks and Recreation Facilities.

PRIOR ACTION/VOTE
On March 10, 1994, the Parks and Recreation Commission of the Community Services District (CSD) approved CSD Standard Operating Procedure No. 9 - Park Naming Policy.

On April 5, 1994, the Community Services District Board ratified the Parks and Recreation Commission resolution adopting a policy establishing procedures for the naming of parks and facilities (Vote: 4-0).

On January 26, 2023, the Parks and Recreation Commission obtained consensus in requesting that a discussion of the Park and Recreation Facilities Naming Policy be placed on a future agenda.

On May 4, 2023, the Parks and Recreation Commission appointed Commissioners Hunneman and Collopy as Ad Hoc Committee Members to participate in the review process of the Park Naming Policy and return any recommendations or modifications to the Board and staff (Vote: 4-0-1).

On March 7, 2024, the Parks and Recreation Commission considered the Committee’s recommended changes to the policy and recommended that staff move forward in presenting the recommended language modifications to the 1994 Park Naming Policy to the City Council as proposed by the Park Naming Ad Hoc Committee (Vote: 4-0-1).

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

BACKGROUND
Early last year, there was consensus from the Parks and Recreation Commission to place the discussion of CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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Agenda Item No. 17.

Early last year, there was consensus from the Parks and Recreation Commission to place the discussion of the Park and Facilities Naming Policy (Policy) on a future Commission agenda. Subsequent discussions ensued, and a Park and Facilities Naming Ad Hoc Committee (Committee) was formed to review the existing policy and make recommendations to the Community Services District Board/City Council on language modifications.

After researching and reviewing the current Park and Recreation Facilities Naming Policy, the Committee recommended that the following two lines in italics be included in the Policy:

Priority in naming sites or city-owned facilities may be given to geographical locations, a theme, historical significance, and individuals or groups who have made a significant contribution to the incorporation and development of the City of Murrieta and the quality of life of the residents.

No park or facility may be named for a living individual.

These additions are consistent with the names of two existing City parks that are named for individuals who made significant contributions to the City of Murrieta. The first is Hunt Park at the Community Center on Juniper Street, named after Inez Hunt, who donated her five-acre property and home to be used as the Town Hall, now the Murrieta Community Center. She made the gift to honor the memory of her son, Milton Russell, who died in World War I. The second location is Sykes Ranch Park on Hayes Avenue, named after the Sykes family, who were original homesteaders and farmers in the area near Murrieta Valley High School. Amos Sykes was an original board member of the Cemetery District, which he helped to form in May 1938. The Sykes family was also once the owners of the Fountain House hotel near what is now New Clay Avenue at B Street in the latter part of the nineteenth century and into the early part of the twentieth century. All other City of Murrieta parks are named after geography or the specific plan/development where the park is located.

The clean version of the Policy (Attachment No. 1) and the redlined copy of the proposed language modifications (Attachment No. 2) are attached.

FISCAL IMPACT
There is no fiscal impact associated with approving this item.

ATTACHMENTS

1. Resolution No. CSD 24-282

2. Park and Recreation Facilities Naming Policy - Redlined CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
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RESOLUTION NO. CSD 24 -282

A RESOLUTION OF THE COMMUNITY SERVICES DISTRICT BOARD OF

THE MURRIETA COMMUNITY SERVICES DISTRICT, RESCINDING THE

POLICY FOR NAMING PARK AND RECREATION FACILITIES RATIFIED ON APRIL 5, 1994, AND ADOPTING AN UPDATED POLICY FOR NAMING

PARKS AND RECREATION FACILITIES
WHEREAS, on March 10, 1994, the Murrieta Parks and Recreation Commission (Commission), adopted a policy for naming park and recreation facilities; and WHEREAS, on April 5, 1994, the Community Services District Board (Board) ratified the Commission resolution adopting a policy establishing procedures for the naming of park and facilities; and
WHEREAS, on January 26, 2023, the Commission obtained consensus in requesting that a discussion of the department’s Park and Recreation Facilities Naming Policy (Policy) be brought as an item on the agenda at their next meeting; and
WHEREAS, on May 4, 2023, the Commission appointed Commissioners Hunneman and Collopy as Ad Hoc Committee Members to participate in the review of the department’s Policy and return any recommendations or modifications back to the Board and staff; and WHEREAS, on March 7, 2024, the Commission heard the Committee’s recommended policy changes and unanimously recommended that staff present the updated Policy to the Board as proposed by the Park Naming Ad Hoc Committee.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMUNITY SERVICES

DISTRICT BOARD OF THE MURRIETA COMMUNITY SERVICES DISTRICT AS FOLLOWS:

Section 1. That the recitals above are true and correct and incorporated herein by this reference.

Section 2. That the ratified 1994 Policy for naming park and recreation facilities is rescinded.

Section 3. That the amended Policy for naming park and recreation facilities approved and recommended by the Parks and Recreation Commission on March 7, 2024, as set forth in Exhibit “A”, is adopted.

PASSED AND ADOPTED this 20th of August, 2024.
__________________________________
Lori Stone, President
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ATTEST:
___________________________
Cristal McDonald, Secretary
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, General Counsel
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, Secretary of the Murrieta Community Services District, do hereby certify that the foregoing Resolution No. CSD 24-282 was duly passed and adopted by the Board of Directors of the Murrieta Community Services District at the regular meeting thereof, held on the 20th day of August, 2024, and was signed by the President of the said District, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cristal McDonald, Secretary
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Exhibit A
Park and Facilities Naming Policy

MURRIETA COMMUNITY SERVICES DISTRICT
Naming Parks and Recreation Facilities

PURPOSE
To establish a uniform policy and procedure that identifies criteria for the naming of Parks and Recreation facilities.

Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration.

At a minimum, each park and community building will be designated with a name. Naming of specific areas within a park (Garden, swimming pool, lake, ball field, etc.) is acceptable, but should be kept to a minimum to avoid confusion. No park shall be given a name which may be perceived as controversial by the community. All names selected shall be acceptable and meaningful to the majority of neighborhood/community citizens, where the park or recreational facility is located.

Priority in naming sites may be given to geographical locations, a theme, historical significance and individuals or groups who have made a significant contribution to the incorporation and development of the City of Murrieta and the quality of life of the residents. No park shall be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility or has been an outstanding long-time community leader who has supported open space and recreational activities.

No park or facility may be named for a living individual.

All Park and Recreational facilities will be designated a formal name within six months of acquisition or construction. All parks shall have an entrance sign. Buildings will have an entrance sign and a plaque inside the facility for name identification.

The name of a park or recreation facility may be changed after a hearing is held by the Commission to receive community input and direction. No name shall be changed unless there is significant justification and support by the community.
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Attachment 2
Park Naming Policy
(redlined)

MURRIETA COMMUNITY SERVICES DISTRICT
Naming Parks and Recreation Facilities

PURPOSE
To establish a uniform policy and procedure that identifies criteria for the naming of Parks and Recreation facilities.

POLICY
The Parks and Recreation Commission will be responsible for the selection of names for Parks and Recreation facilities. Once a name is selected, it will be forwarded to the City Council for ratification. Staff will be responsible for encouraging citizens and community organizations to suggest possible names that will then be forwarded to the Commission for consideration.

Priority in naming sites shallmay be given to geographical locations, a theme, historical significance and individuals or groups who have made a significant contribution to the incorporation and development of the City of Murrieta and the quality of life of the residentsor geologic features. No park shall be named for a person, except where an individual has made a significant financial contribution toward the acquisition and/or development of the park or facility, orfacility or has been an outstanding long-time community leader who has supported open space and recreational activities.

No park or facility may be named for a living individual.

CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 18.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Scott Agajanian, Economic Development Director
PREPARED BY: Martha Samaniego, Management Analyst
SUBJECT:

Second Amendment to the Transient Occupancy Tax Revenue Sharing Agreement

RECOMMENDATION
Authorize the City Manager to execute the Second Amendment to the Transient Occupancy Tax Revenue Sharing Agreement with Olympus Real Estate Holdings, LTD., a Texas limited partnership, dba The Murrieta Hot Springs Resort & Spa.

PRIOR ACTION/VOTE
On June 15, 2021, after conducting the required economic development subsidy hearing, the City of Murrieta and Olympus Real Estate Holdings, LTD., a Texas limited partnership, dba The Murrieta Hot Springs Resort & Spa, entered into a Transient Occupancy Tax Sharing Agreement (Vote: 5-0).

On March 21, 2023, the City Council authorized the First Amendment to the Transient Occupancy Tax Revenue Sharing Agreement with Olympus Real Estate Holdings, LTD, a Texas limited partnership, dba The Murrieta Hot Springs Resort & Spa (Vote: 5-0).

CITY COUNCIL GOAL
Aggressively pursue economic development.

BACKGROUND
The City of Murrieta (City) has identified attracting tourism and leisure opportunities that draw residents and visitors as an Economic Development Goal in the City’s General Plan. One of the supporting policies listed to meet this goal is to encourage the development of tourism and leisure opportunities that attract residents and visitors, including a full-service resort that incorporates local amenities and attractions, such as the mineral hot springs.

In 2020, the Economic Development Department began a dialogue with Olympus Real Estate Holdings, LTD, a Texas limited partnership, dba The Murrieta Hot Springs Resort & Spa (Developer). This conversation progressed, with the Developer purchasing property located at 39401 - 39407 Murrieta Hot Springs Road, CITY OF MURRIETA Page 1 of 2 Printed on 8/15/2024
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Agenda Item No. 18.
progressed, with the Developer purchasing property located at 39401 - 39407 Murrieta Hot Springs Road, Murrieta, CA 92563 (APN: 913-150-008, 913-130-051, 913-130-052, 913-130-053, 913-130-054, 913-130- 055, 913-130-056, and 913-150-016). They have renovated and now operate a hot springs resort within the City.

The tourism, travel, and economic impact created through this resort has a substantial effect on the city. This resort also generates a revenue stream for Murrieta in the form of Transit Occupancy Tax (TOT) and tourism spending that benefits the community.

At the time of purchase, in order to assist the Developer with financing this project, Olympus Real Estate Holdings, LTD (dba The Murrieta Hot Springs Resort & Spa), requested a TOT Revenue Share agreement with the City that would provide them with fifty percent (50%) of the TOT collected for fifteen (15) years unless the Agreement is terminated beforehand (Attachment 1). After that point, all TOT revenue from the resort would be retained by the City of Murrieta.

The City entered into an economic development subsidy pursuant to Government Code Section 53083 after making a report on the proposed agreement available and conducting a public hearing. The report is available on the ’Citys website <https://www.murrietaca.gov/DocumentCenter/View/5901/PH2-for-MHS-TOTSharing-Agmt_City-Council-6-15-21-Presentation?bidId=>. It identifies the entity to benefit from the agreement, the duration of the agreement, a description of the subsidy and the public purpose for its creation, the projected tax revenues to be received by the City as a result of the project, and the estimated number of jobs to be created.

On February 28, 2023, the City and Developer entered into the First Amendment to the agreement to make minor modifications to the Agreement (Attachment 2). The parties now desire to further amend the contract to eliminate the Developer’s obligation to seek a Specific Plan Amendment as described in this Second Amendment (Attachment 3). This was originally a request of the city but is not deemed necessary for this project moving forward. All other terms of the Agreement remain unchanged.

FISCAL IMPACT
There is no fiscal impact, as this item provides clarification to a referenced term in the agreement.

ATTACHMENTS

1. Murrieta Hot Springs TOT Agreement

2. Amendment No. 1 to Murrieta Hot Springs TOT Agreement

3. Amendment No. 2 to Murrieta Hot Springs TOT Agreement CITY OF MURRIETA Page 2 of 2 Printed on 8/15/2024
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01375.0021/991271.1

SECOND AMENDMENT TO TRANSIENT

OCCUPANCY TAX SHARING AGREEMENT

BETWEEN THE CITY OF MURRIETA

AND OLYMPUS REAL ESTATE HOLDINGS, LTD
This Second Amendment to the Agreement (“Second Amendment”), made this 20th day of August, 2024, by and between the City of Murrieta, a California municipal corporation (“City”), and Olympus Real Estate Holdings, LTD, a Texas limited partnership, dba The Murrieta Hot Springs Resort & Spa (“Operator”) 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 under California law to provide economic incentives to businesses for economic development purposes.

C. Operator, which specializes in operating health and wellness resort facilities in locations with natural hot springs, purchased property in the City for the purpose of operating a hot springs resort (“Resort”).

D. On June 15, 2021, City and Operator entered into a Transient Occupancy Tax Sharing Agreement (“Agreement”) wherein an amount attributable to the taxable room stay generated by the Resort was to be remitted to the City pursuant to Transient Occupancy Tax Law (“TOT Law”).

E. On February 28, 2023 City and Operator entered into the First Amendment to the Agreement to make minor modifications to the Agreement.

F. The parties now desires to further amend the Agreement to eliminate the obligation for the Operator to seek a Specific Plan Amendment as described in this Second Amendment.

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

1. Section 2.3 of the Agreement is hereby amended to be eliminated to read as follows (additions in bold italics; deletions in strikethroughs):
“2.3 [Intentionally omitted,]” Specific Plan. The Operator shall submit a Specific Plan application for the Property to the City no later than one (1) year from the Effective Date of this Agreement. If the Operating Period begins before the Specific Plan is submitted to the City, the City will hold any TOT remitted to the City as required hereunder in trust for a period of one (1) year, or until the Specific Plan is submitted, whichever occurs first, and at which time the City will begin making the Economic Development Subsidy payments to the Operator in accordance with this Agreement.”

2. All other terms of the Agreement remain unchanged.
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01375.0021/991271.1
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed the day and year first above written.

City: Operator:

CITY OF MURRIETA OLYMPUS REAL ESTATE HOLDINGS, LTD
_____________________________
Kim Summers, City Manager _____________________________ Name:

Title:

Attest:
_____________________________
Name:

Title:
_____________________________
Cristal McDonald, CMC, City Clerk
Approved as to Form:
_____________________________
Tiffany J. Israel, City Attorney
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CITY OF MURRIETA
City Council Meeting Agenda
Report
8/20/2024
Agenda Item No. 19.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
Anthony Conrad, Chief of Police
PREPARED BY: Paige Hartman-Salazar, Management Analyst - Special Projects SUBJECT: ..title
First Amendment and Restatement of the Dispatch Service Agreement Between the City of Murrieta and the City of Menifee

RECOMMENDATION
Adopt Resolution No. 24-4776 entitled: A Resolution of the City Council of the City of Murrieta, California, Authorizing the First Amendment, and Restatement of the Dispatch Service Agreement Between the City of Murrieta and the City of Menifee; and Rescind Resolution No. 23-4666 Previously Authorized the First Amendment and Restatement.

PRIOR ACTION/VOTE
On February 19, 2019, the City Council authorized staff to enter into negotiations with the City of Menifee to provide police dispatching services for the City of Menifee's new police department beginning July 1, 2020 (Vote 5-0).

On August 20, 2019, the City Council authorized staff to enter into an agreement between the City of Murrieta and the City of Menifee for police dispatch services (Vote 4-0-1).

On May 16, 2023, the City Council adopted Resolution No. 23-4666, authorizing the First Amendment and Restatement of the Dispatch Service Agreement between the City of Murrieta and the City of Menifee (Vote 5- 0).

CITY COUNCIL GOAL
Provide a high level of innovative public safety and maintain a high-performing organization that values fiscal sustainability, transparency, accountability, and organizational efficiency.

BACKGROUND
The City of Murrieta (Murrieta) is a full-service City with its own Police and Fire & Rescue Departments. Calls for service for both departments are handled by the Public Safety Dispatchers Communication Center, which is budgeted and housed within the Murrieta Police Department. On July 13, 2017, a meeting was held at the CITY OF MURRIETA Page 1 of 4 Printed on 8/15/2024
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Agenda Item No. 19.
is budgeted and housed within the Murrieta Police Department. On July 13, 2017, a meeting was held at the request of neighboring cities, i.e., the City of Canyon Lake, Lake Elsinore, Wildomar, Menifee, and Temecula.

The purpose of the meeting was to request that Murrieta explore the feasibility of contracting police and fire services to their respective cities.

On July 26, 2018, representatives from the City of Menifee (Menifee) met with the City Manager and Chief of Police to discuss the possibility of Menifee contracting for police dispatch services with the Murrieta Police Department. At the request of Menifee, the Murrieta Police Department completed a preliminary study to identify the operations and potential costs associated with providing police dispatch services to Menifee. The study was completed in August 2018. The findings of the preliminary study showed an impact on staffing levels and substantial financial savings, based on a shared cost model, if the Murrieta Police Department were to provide dispatch services to Menifee. To support Menifee, it was necessary to add additional dispatch personnel to meet the increase in call volume without diminishing response times to the City of Murrieta residents.

On November 7, 2018, the Menifee City Council passed a Resolution authorizing the formation of a municipal police department for the City of Menifee. The Resolution also called for the Menifee City Manager to negotiate with the Murrieta Police Department to form a "joint dispatch arrangement." On January 14, 2019, executive staff from both cities held a meeting to convey Menifee's desire to contract police dispatching services from the Murrieta Police Department. The City of Menifee was also interested in contracting for services with the City of Murrieta for areas closely associated with police dispatch services. On February 19, 2019, Murrieta City Council approved the concept of providing police dispatch services to Menifee and authorized staff to enter into negotiations with the City of Menifee to provide police dispatch services. Shortly thereafter, representatives of both cities met several times to draft a professional services agreement pertaining to the provision of police dispatching services to Menifee. Prior to the first call of service dispatched by the Murrieta Public Safety Dispatchers Communication Center for the Menifee Police Department, key personnel from the Murrieta Police Department and the Information Services Division worked diligently to implement the dispatch service operations to Menifee based on the scope of work of the agreement. On August 20, 2019, Murrieta City Council authorized entering into an agreement between Murrieta and Menifee for police dispatch services beginning July 1, 2020. The City of Menifee City Council approved the agreement on August 21, 2019.

Similar to other projects of this magnitude, dispatch operations and processes have evolved due to efforts to improve efficiency and effectiveness. During the previous year, City representatives from the Murrieta Police and Finance Departments met regularly with the City of Menifee counterparts to identify the necessary amendments to the agreement for memorializing current practices and processes to deliver dispatch services, language “clean-up” to clarify services, and expand on cost methodology. The most significant amendments to the agreement are summarized as follows:
· Add language to describe the “Fully Burdened Hourly Rate (FBHR);” · Add on-call and biannual leave cash-out compensation as a component of cost reimbursement; · Add language to identify “productive hours,” a factor used to calculate the FBHR; · Add language to calculate cost reimbursement for Dispatch Supervisor positions separately from the Dispatcher positions’ FBHR. The current agreement calls for Dispatch Supervisor cost to be embedded into the Dispatcher Positions FBHR;
· Add language to describe the activity-based cost allocation methodology. This methodology allows for an equitable share of cost based on the actual activity, i.e., the number of calls being performed by the dispatch center;
· Add language that allows Menifee to pull voice recordings and be allowed to handle their Public Records Act requests directly;
· Add language for the Murrieta Information Services Division to maintain data for one year if Menifee CITY OF MURRIETA Page 2 of 4 Printed on 8/15/2024
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Agenda Item No. 19.
· Add language for the Murrieta Information Services Division to maintain data for one year if Menifee were to change their Records Management System to a provider other than the current software; and · Add language to trigger an amendment to the agreement if Murrieta is to provide dispatch services to another governmental agency.

Due to the number of proposed modifications to the agreement, staff brought the first amendment and restatement to the City Council on May 17, 2023, which was adopted but not acted upon. After further communication with Menifee and internal personnel during the past year regarding certain discrepancies in the verbiage within the agreement, staff proposes the following additional changes since the May 17, 2023, action, which Menifee has agreed upon:

1. Page 17 - Updated 1j as defined in the redlined agreement:
a. “j. Maintain appropriate staffing levels as established in the Communications Manual.”

2. Page 18 - Updated 3a to change the verbiage about maintaining software upgrades:
a. “Maintain vendor-recommended upgrades to the existing CentralSquare CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software.”

3. Page 18 - Updated 3c as discussed and based on recommended language from IT:
a. “c. Murrieta's CAD/RMS Administrators will be the main contact for any issues related to the CAD and RMS applications and will contact the Information Technology Services Help Desk following Murrieta's current normal business hours (0800 hours to 1700 hours) and after-hours (1700 hours to 0800 hours) procedures. Murrieta will provide 24 hours per day / 7 days per week access to and assistance from Murrieta technical support personnel to address critical issues related to CAD/RMS and/or network-related issues relating to CAD/RMS applications. If an after-hours incident does not meet the emergency threshold, Murrieta IT will direct Menifee to create a help desk ticket, and response to the issue will be on the next business day.

Examples of what may constitute a critical emergency include issues that cause a business stoppage or disruption of critical business.”

4. Page 20: Updated 4c as defined in the redlined agreement. a. “c. Upon discovery, provide notification to Menifee and Information Technology departments if the City of Murrieta SD-WAN becomes inoperable.”

5. Page 21: Updated 2d as defined in the redlined agreement:
a. “d. Conform to Murrieta call types and dispositions. Murrieta will collaborate in good faith with Menifee if there are any desired changes to call types or dispositions by either party.” On May 1, 2024, the City of Menifee City Council approved the first amendment and restatement of the Dispatch Service Agreement Between the City of Murrieta and the City of Menifee to include all the abovementioned amendments. Therefore, the City of Murrieta staff proposes rescinding Resolution No. 23- 4666 from May 17, 2023, and adopting Resolution No. 24-4776 which authorizes the revised first amendment and restatement of the agreement to include all the abovementioned amendments (Attachment 3).

FISCAL IMPACT
The reimbursement cost for dispatch services is included in the Biennial Operating Budget for Fiscal Years 2024/25.

ATTACHMENTS

1. Resolution No. 24-4776

2. First Amendment and Restatement of Dispatch Services Agreement (Redline)

3. First Amendment and Restatement of Dispatch Services Agreement (Final) CITY OF MURRIETA Page 3 of 4 Printed on 8/15/2024
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Agenda Item No. 19.

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RESOLUTION NO. 24-4776

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA, AUTHORIZING THE FIRST AMENDMENT

AND RESTATEMENT OF THE DISPATCH SERVICE AGREEMENT
BETWEEN THE CITY OF MURRIETA AND THE CITY OF MENIFEE;
AND RESCINDING RESOLUTION NO. 23-4666 WHICH PREVIOUSLY

AUTHORIZED AN ALTERNATIVE FIRST AMENDMENT AND
RESTATEMENT.

WHEREAS, the City of Murrieta (“Murrieta”) and the City of Menifee (“Menifee”), as neighboring cities, have a joint interest in providing a safe environment for the citizens of both cities and in improving public safety communications and efficiencies between the cities; and WHEREAS, on November 7, 2018, the Menifee City Council passed a resolution authorizing the formation of a municipal police department for Menifee and called for the City Manager to negotiate with Murrieta to form a joint dispatch arrangement; and WHEREAS, on February 19, 2019, Murrieta City Council Approved the concept of providing police dispatch services to Menifee and authorized staff to enter into negotiations with the City of Menifee to provide police dispatch services; and WHEREAS, on August 20, 2019, Murrieta City Council authorized entering into an agreement between Murrieta and Menifee for police dispatch services beginning July 1, 2020; and
WHEREAS, On May 16, 2023, the City Council adopted Resolution No. 23-4666 entitled: A Resolution of the City Council of the City of Murrieta, California, Authorizing the First Amendment and Restatement of the Dispatch Service Agreement Between the City of Murrieta and the City of Menifee; and
WHEREAS, key personnel from Murrieta and Menifee agreed that operations and processes to deliver police dispatch services have evolved as part of process improvement and operational effectiveness; and
WHEREAS, both cities agreed to memorialize current practices and processes, including language to clarify services, and expand on cost methodology to deliver police dispatch services; and
WHEREAS, the City of Murrieta staff proposes to rescind Resolution No. 23-4666, dated May 17, 2023, and bring the first amendment and restatement of the agreement back to the City of Murrieta City Council to include all of the amendments

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
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Section 1. The First Amendment and Restatement of the dispatch service agreement between the City of Murrieta and the City of Menifee attached hereto and incorporated herein is approved ;
Section 2. Resolution No. 23-4666 is hereby rescinded in its entirety; and Section 3. The City Manager is hereby authorized and directed to execute the First Amendment and Restatement of dispatch service agreement on behalf of the City.

PASSED AND ADOPTED this 20th day of August 2024.

Lori Stone, Mayor
ATTEST:

Cristal McDonald, City Clerk
APPROVED AS TO FORM:

Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE)§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4776 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 20th day of August 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Cristal McDonald, City Clerk
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1 FIRST AMENDMENT AND

RESTATEMENT OF DISPATCH

SERVICE AGREEMENT BETWEEN

THE CITY OF MURRIETA AND THE

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

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

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

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

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

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

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

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

Staffing level for subsequent years will be agreed upon by Murrieta and Menifee Chiefs of Police. Menifee acknowledges that Murrieta is hiring the new dispatchers specifically to account for the increase in call volume that will occur with providing the dispatch services called for by this Agreement and that Murrieta would not otherwise be hiring such dispatchers.
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2 H. Similarly, Murrieta providing dispatch services to Menifee will require hardware and software upgrades of the existing Central Square CAD and RMS system, including licensed ancillary modules, to the multi-agency versions of the software. Menifee shall pay for such upgrades and all implementation costs related to the software system upgrade, including hardware, to enable the software for Murrieta staff to provide police dispatching services to both Parties.

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

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

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

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

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

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

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

Call For Service includes received calls, dispatched calls, and officer-initiated calls. 485
3 d. "Data Conversion Costs" means the costs incurred by Murrieta in converting data or information into a format and onto devices suitable for transfer to Menifee, which conversion and transfer shall occur upon the expiration or earlier termination of this Agreement. All costs for data conversion associated with Menifee's data shall be Menifee's responsibility. e. "Dispatch Services" means the services described in Exhibit A, which Murrieta shall provide to Menifee in accordance with the terms and conditions contained in this Agreement.

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

1. "RMS" means records management system.
m. "Start-Up Costs" means the costs incurred after the Effective Date in connection with the expansion of Murrieta's dispatch capabilities in order to provide Dispatch Services to Menifee. StartUp Costs include, but are not limited to, costs related to the recruitment, hiring, and training of necessary dispatch and related personnel; infrastructure improvements to the existing Murrieta dispatch center; acquisition of equipment and software; and costs for services provided by existing Murrieta personnel to implement and facilitate this Agreement. Startup Costs will also include costs for dispatch-related equipment to be used by Menifee including, but not limited to, mobile data browsers/mobile data communicators and all related licenses and appurtenances. Without limiting the foregoing, Start Up Costs shall include the full cost of Murrieta's purchase and implementation (including hardware) of an upgrade to the existing Central Square CAD and RMS, including licensed 486
4 ancillary modules, to the multi-agency versions of the software, as necessary to enable the software and Murrieta staff to provide police dispatching services to both Parties. A forecast of anticipated Start- Up Costs is provided in Exhibit C.
n. "Start-Up Period" means the period from the Effective Date to the Go Live Date. o. "Start-Up Services" means Murrieta's implementation of such infrastructure and technology upgrades and improvements, equipment purchases, employee recruitments and hirings, other personnel decisions, and training of Murrieta and Menifee personnel as necessary to provide the Dispatch Services to Menifee by the Go Live Date.
p. "Technology Costs" means the amount Menifee pays to Murrieta for the technology used to run the software and hardware used to provide dispatching services, including both (i) contributions to capital costs for the dispatch software, technology, and systems already in place, and (ii) the Annual Technology Maintenance Costs. The Technology Costs are based on Menifee's proportionate use of the dispatch center and is subject to annual adjustment by Murrieta. A description of the method for calculating Menifee's share of the Technology Costs is provided in Exhibit B.

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

1. The Parties agree that on or prior to May 1, 2023, the Start Up Services were fully performed and this Paragraph 4(a) has no further force or effect. b. Dispatch Services. From the Go Live Date through the expiration or earlier termination of this Agreement, Murrieta shall provide the Dispatch Services to Menifee. Priority of Dispatch Services shall be allocated equally between the Parties and according to Murrieta's standard operating procedures and this Agreement.
c. Notwithstanding the foregoing, the Parties acknowledge and understand that the scope of Dispatch Services that Murrieta can provide on the Go Live Date depends on a high level of cooperation between the Parties and may be influenced by whether Menifee timely provides complete and accurate information to Murrieta including, but not limited, GIS data. The Parties agree to work together in good faith to meet the Go Live Date; however, should the Dispatch Services not be fully ready for implementation on the Go Live Date despite the Parties' best efforts, said failure shall not be a default of this Agreement and Murrieta shall provide Dispatch Services to the extent possible in 487
5 recognition of the public health and safety concerns associated with the provision of such services.

1. The Parties agree that as of May 1, 2023, the Go Live Date has passed, and as a result this Paragraph 4(c) has no further force or effect.
d. Extra Work. At any time during the term of this Agreement, Menifee may request that Murrieta perform Extra Work. Murrieta will not perform, nor be compensated for, Extra Work without written authorization from Menifee.

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

Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit C are estimates only and that it is responsible for all Start-Up Costs incurred by Murrieta. iii. The Parties agree that as of May 1, 2023, the Start-Up Costs have been fully paid, and as a result, this Paragraph 5(a) has no further force or effect. b. Costs for Service
i. Payment Obligation: Menifee shall pay Murrieta the Costs for Service in the amount and subject to the adjustments specified in Exhibit B. The Parties acknowledge that the Costs for Service include ongoing personnel costs (dispatchers and non- dispatcher support and supervisory personnel) and Technology Costs incurred by Murrieta as necessary to provide the Dispatch Service to Menifee. The Parties further acknowledge that some of the Costs for Service will commence and may be invoiced prior to the Go Live Date.
ii. Estimated Amount: The Parties currently estimate that annual Costs for Service will be as set forth in Exhibit B. At either Party's request, with at least fourteen (14) days prior notice, the Parties shall meet and confer to discuss any current or forecasted changes in the Costs for Service. Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit B are estimates only and that it is responsible for all Costs for Service incurred by Murrieta.
iii. Fully Burdened Hourly Rate (“FBHR”) Calculation: The FBHR are rates that cities use to estimate full cost of employee’s time. If a city were to use a simple hourly rate to charge for services associated with an employee, the reimbursement would not cover any of the 488
6 other expenses associated with the services rendered. The FBHR calculation includes salary, benefits, and other costs reasonably attributable to the employee. The cost elements that are included in the FBHR calculation are as follows:
 Salary and Benefits;
 Operating Cost applicable to the dispatch center; and  Indirect overhead costs calculated through the Cost Allocation Plan (“CAP”).

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

6. ON-GOING COORDINATION. The Police Chief of the City of Murrieta and the Police Chief of the City of Menifee are the designated and authorized representatives of Murrieta and Menifee respectively for purposes of administration of this Agreement. The Police Chiefs, or their designees, shall meet quarterly or as needed to discuss issues pertaining to: (i) budget; (ii) operational issues, 489
7 including changes to service delivery and appropriate staffing level; (iii) technical issues related to information technology and system components; and (iv) dispatch operational issues related to field unit reporting and system status management.

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

8. TERMINATION
a. Termination Without Cause. Neither Party may terminate this Agreement without cause prior to July 1, 2025. From and after January 1, 2024, either Party may elect to terminate this Agreement by providing written Notice of Intent to Terminate to the other Party. Any termination effectuated by this Section 8(a) shall take effect eighteen (18) months following delivery of the Notice of lntent to Terminate.
b. Termination for Cause. The Parties agree that there is a public health and safety obligation to use every effort to ensure uninterrupted and continuous delivery of Dispatch Services to Menifee even in the event of a material breach, and even if Murrieta disagrees with the alleged determination of material breach. Consistent with the foregoing, this Agreement may not be terminated for cause unless and until the dispute resolution procedures set forth in Section 9 have been followed to completion.
c. Ownership of Data and Equipment on Termination. Upon the expiration or termination (with or without cause) of this Agreement, all equipment then present in Menifee Police Department vehicles and/or on Menifee property shall become the property of Menifee, and all equipment then present in the Murrieta dispatch center and/or otherwise on Murrieta property shall remain the property of Murrieta. All data and information (“Records”) relating to Menifee and/or dispatch operations for the benefit of Menifee shall be conveyed by Murrieta to Menifee in a format suitable for use by Menifee. Menifee shall pay for all Data Conversion Costs, and Murrieta shall otherwise cooperate with Menifee in its transition to a new dispatch service provider. Copies of any Records so transferred to Menifee may be destroyed by Murrieta and Murrieta has no duty, under this agreement, to retain such copies once transferred. Any Records not transferred to Menifee shall be maintained or destroyed in accordance with the adopted Murrieta retention schedule. d. Expenses on Termination. lf Menifee elects to terminate this Agreement without cause pursuant to this Section 8(a), or Murrieta terminates this Agreement with cause pursuant to Section 8(b) in accordance with the procedures set forth in Section 9 below, then Menifee shall pay the following amounts to Murrieta within thirty (30) days of receipt of an invoice 490
8 from Murrieta for such costs: (i) any Start-Up Costs that have not yet been paid to Murrieta; (ii) all costs for services provided up to the date of termination; (iii) all costs for personnel terminations resulting from the termination of the Agreement including, but not limited to, any applicable severance payments and Consolidated Omnibus Budget Reconciliation Act also known as COBRA payments; and (iv) the Data Conversion Costs. If this Agreement expires on the Termination Date, Menifee shall pay Murrieta the Data Conversion Costs within thirty (30) days of receipt of an invoice from Murrieta for such Costs.

9. DISPUTE RESOLUTION. Any disputes under this Agreement, including but not limited to termination for cause, shall be subject to the dispute resolution procedures herein. a. Meet and Confer. lf either Party (i) disputes the other Party's interpretation of this Agreement;·(ii) disputes the sufficiency of the other Party's performance under this Agreement, including cost of service or billing; or (iii) contends there has been a material breach of the Agreement, then the Parties shall meet to attempt to resolve the dispute. The City Manager and Police Chief of Murrieta shall be the authorized dispute resolution representatives for Murrieta, and the City Manager and Police Chief of Menifee shall be the authorized dispute resolution representatives for Menifee. b. Mediation.
i. Initiation of Mediation: If a dispute is not resolved through the meet and confer process, either Party may initiate a mediation process by giving written Notice of Mediation to the other Party.
ii. Selection of Mediator: Within fourteen (14) days after receipt of a Notice of Mediation, the Parties shall mutually select one person to mediate the dispute, which person shall be a qualified professional with expertise in the subject matter of the dispute. Neither Party may unreasonably withhold, delay, or obstruct the selection of a mediator. iii. Commencement and Completion of Mediation: The mediation shall be completed within forty-two (42) days of the selection of the mediator. The mediation shall be conducted in accordance with procedures chosen by the mediator. iv. Mediator's Recommendation: If the mediator is unable to resolve the dispute during the mediation, the mediator shall submit specific and written recommendations for full resolution of the dispute within fourteen (14) days thereafter. The Parties shall consider the written recommendations of the mediator.
v. Mediation Costs: The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either Party by the mediator for good cause shown.
c. Termination following mediation. If the dispute is not resolved through the meet and confer 491
9 process or the mediation process, then the Party that receives a favorable recommendation from the mediator may move forward with terminating the Agreement. Termination shall be effective thirty (30) days after written notice of termination by the aggrieved Party.

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

If any required insurance policy under this Agreement is cancelled, the Party procuring that policy shall immediately obtain a replacement policy.
d. Proof of Insurance. Each Party shall provide the other Party with evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and 492
10 endorsements, in a form satisfactory to the receiving Party, before either Party signs this Agreement.
e. Substitute Certificates. No later than thirty (30) days prior to the policy expiration date of any insurance policy required by this Agreement, the insured Party shall provide the other Party with a substitute certificate of insurance.

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

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

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

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

14. INDEMNIFICATION,
a. Menifee. Menifee shall indemnify, hold harmless, and defend Murrieta (including its elected officials, officers, agents, employees, and volunteers) from and against any and all claims (including all litigation, demands, damages) and their attendant costs, and expenses (including court costs and attorneys' fees) to the extent resulting or arising from Menifee's willful misconduct or negligent performance, or failure to perform, under this Agreement. 493
11 b. Murrieta. Murrieta shall indemnify, hold harmless, and defend Menifee (including its elected officials, officers, agents, employees, and volunteers) from and against any and all claims (including all litigation, demands, damages) and their attendant costs, and expenses (including court costs and attorneys' fees) to the extent resulting or arising from Murrieta's willful misconduct or negligent performance, or failure to perform, under this Agreement. c. Exception for Willful Misconduct and Sole Negligence. Notwithstanding Sections 14(a) and 14(b), neither Party shall have any obligation to defend or indemnify the other Party if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of the Party to be indemnified.

15. FORCE MAJEURE.

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

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

Menifee Not An Employer of Dispatchers. Murrieta shall not request or demand that Menifee assume any liability for direct payment of any salary, wage or other such compensation to any person employed by Murrieta to perform the services described in the Agreement. Murrieta shall not at any time or in any manner represent that it or any of its officers, employees, or agents are "employees" of Menifee.
b. No Promise of Future Contract for Dispatch Services. Nothing in this Agreement shall be interpreted to imply that Murrieta must maintain any contractual relationship with Menifee on a continuing basis after the termination of this Agreement. c. Murrieta Retains Daily Control of Dispatch Services. Murrieta is responsible to provide the Start-Up Services and Dispatch Services as set forth in Exhibit A, and to reasonably cooperate with Menifee to ensure those services are delivered in an effective and efficient manner. Subject to the foregoing, (i) Murrieta is the final authority and is not required to comply with daily instructions from Menifee staff with respect to when, where, or how Murrieta must perform the Start-Up Services and Dispatch Services; (ii) Murrieta is solely responsible for determining who, under supervision or direction of Murrieta, will perform the Start Up Services and Dispatch Services; (iii) Menifee will not hire, supervise, or pay any employees working for Murrieta pursuant to the Agreement during such employee(s)' period 494
12 of employment with Murrieta; and (iv) Murrieta shall be solely responsible for setting the hours in which Murrieta performs or plans to perform the Start-Up Services and Dispatch Services.
l 7. ADDITIONAL DOCUMENTS AND AGREEMENTS. The Parties agree to cooperate in the execution of any additional policies and procedures, instruments, and conveyances, which may be required to carry out the terms of this Agreement.

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

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

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

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

City Attorney
29844 Haun Road
Menifee, CA 92586
495
13 20. HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.

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

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

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

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

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

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

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

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

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

30. SIGNATURES. The individuals executing this Agreement represent and warrant that they have the 496
14 right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective Parties.

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

IN WITNESS WHEREOF, Murrieta and Menifee do hereby agree to the full performance of the terms set forth herein.

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

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

ATTEST: ATTEST:

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

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

By: Jeffrey T. Melching
Title: City Attorney
497
15 EXHIBIT "A"
Scope of Services
SERVICES PROVIDED BY MURRIETA: During the term of this Agreement 1, Murrieta shall provide to Menifee Dispatch Services that are equivalent to those provided to Murrieta, which include the following:

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

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

Unless otherwise indicated, capitalized terms used in this Exhibit A have the meaning set forth in the agreement to which this Exhibit A is attached.
498
16 1. Police Dispatch Technology Criteria and Guidelines. a. Operate and maintain a computer-aided dispatch system that is capable of:
i. Tracking the status of Menifee's on-duty police units' activity and availability.
ii. Assigning report numbers for incidents.
iii. Ensuring that all systems and electronic interfaces are maintained and working.
b. Utilize the Riverside County Public Safety Enterprise Communications ("PSEC") radio system for dispatch communications.
c. Operate dedicated Murrieta and Menifee radio channels for police operations twenty-four (24) hours a day, seven (7) days a week. During exigent or other mutually agreed upon circumstances, the individual radio channels may be patched together for combined communication.
d. Dispatch Menifee police units based on a call priority of 1, 2, and 3 for urgent and non-emergency calls for service.
e. Transfer all 9-1-1 telephone calls to secondary public safety answering point when appropriate.
f. Maintain and monitor secondary radio channel(s) during special events, incidents, or enforcement activities.

2. Computer-Aided Dispatch (“CAD”) and Records Management System (“RMS”). a. Purchase the upgrade of the existing Central Square CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software. b. Install RMS and Web Query on Menifee's workstations. c. Host and maintain the CAD and RMS applications, database, and backups and provide twenty-four (24) hours, seven (7) days a week of operational support of the servers and applications.
d. Murrieta's Communications Manager will be the main contact for any issues related to the CAD and RMS applications and will contact the Information Technology Services Help Desk following Murrieta's current normal business hour (0800 hours to 1700 hours) and after-hour (1700 hours to 0800 hours) procedures. Murrieta will provide 24 hours per day / 7 days per week access to and assistance from Murrieta technical support personnel to address technical and information technology issues. 499
17 e. Maintain and support the existing software license agreement with Central Square. f. Provide the servers, CAD and RMS along with ancillary applications, databases, system administration, and necessary interfaces for the systems. g. In the event Menifee changes their RMS to a provider other than CentralSquare, Murrieta Information System Division shall maintain Menifee’s existing data for a period of one year, unless a shorter period is requested by Menifee. The cost of maintaining the data will be borne by Menifee.
h. Maintain and support the servers and the hardware necessary for the operation of the systems.
i. Monitor new technology to maintain technologically current systems. j. Be solely responsible for determining the hardware and software that will maximize benefits to both Murrieta and Menifee; provided, however, that Murrieta shall consult with Menifee prior to implementing any significant cost increase for hardware and/or software.
k. Provide the ability for Menifee workstations (including Mobile Data Computers ["MDC"]) to perform California Law Enforcement Telecommunication System ("CLETS") queries.
l. Assist Menifee to resolve any issues with the operation of the mobile software as a result of issues with the CAD application.
m. Create network accounts for Menifee to access Murrieta's network and Central Square accounts for Menifee to access CAD and RMS applications within five (5) days of the date that the request is received from Menifee.
n. Be responsible for all CAD file maintenance updates including user accounts, terminals, and quarterly GIS updates.
o. Provide access to the database views for reporting on the CAD data warehouse and RMS database.
p. Report and track issues with the CAD and RMS vendor(s), and test fixes in the test environment before installing fixes into the live production system. q. Murrieta shall provide access to Menifee to the audio logger at Murrieta PD for the purpose of obtaining recordings related to Menifee in order to comply with any California Public Records Act request. Murrieta PD shall provide training to Menifee personnel on using the audio logger, as identified by Menifee’s command staff. A second audio logger will be housed at Murrieta PD to maintain recordings solely for Menifee PD. Menifee assumes all costs related to the second audio logger, including its 500
18 maintenance.
r. Provide administrative support and technical support to the Menifee Police Department supervisors or administrators and Information Technology team seeking information from CAD and/or RMS.
s. Provide and send to Menifee PD duplicate CAD and RMS data relating to all Menifee calls and reports, including all attachments, to Menifee PD servers on a real-time basis.

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

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

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

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

6. Geographic Information System.
a. Work with Menifee to assure that the merging of the mapping data for the two agencies creates a seamless single Geofile to be used for dispatching services. For 501
19 areas of shared boundaries, duplicates and discrepancies must be resolved before implementation.
b. Update and maintain the Menifee portion of the Geofile ad hoc basis as needed (but no less frequently than quarterly). The changes will be based upon direct geographic information system ("GIS") files provided by Menifee or agreed upon documentation for Murrieta to input directly.

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

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

1. Orders received from Murrieta Communications Center related to the operation of the communications center are official department orders and will be treated as such. Menifee personnel receiving such orders shall comply.

Wherever practical, Menifee's authorized representatives will be consulted prior to the implementation of new orders or procedures.

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

The employees' supervisors shall then be responsible for identifying a resolution to the dispute.
111. Issues unrelated to personnel complaints should be addressed at the line supervisor level initially. If resolution is not achieved for any type of issue, it shall be forwarded to authorized representatives for each agency for resolution.
1v. Proposed operational or procedural changes should be directed to the Murrieta Communication Manager and Menifee's authorized representative. 502
20 2. Computer-Aided Dispatch and Records Management System. a. Establish and maintain telephone line(s) services as necessary to support the dispatch consolidation effort outlined in this Agreement.
b. Process all paperwork related to the records function including, but not limited to, records data entry, citation entry, or miscellaneous paperwork not related to the basic dispatch function and respond to Public Records Act requests or similar requests and subpoenas for incidents and/or addresses located in Menifee. c. Submit a request to create a network account and accounts for Central Square CAD and/or RMS applications for a new hire to Murrieta.
d. Notify Murrieta immediately of any separated employee so that the respective network and Central Square accounts can be deleted.
e. Manage RMS user accounts, all agency specific code table maintenance, UCR, and ad hoc reporting.

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

3. Network Connectivity.

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

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

5. Mobile Data Computer System.
a. Maintain its own NetMotion server and provide the connectivity of the MDCs to the Murrieta CAD system along with related costs.
b. Pay any costs to upgrade the current MDC software to MobileCOM if Menifee elects to upgrade the software.
c. Be the Custodian of Record of all telephone audio recordings and facilitate the release of any such 503
21 information relating to incidents within or relating to the City of Menifee, the Menifee Police Department, or the services provided to Menifee under this Agreement. d. Process audio recording requests for criminal, civil, and internal cases.

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

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

Menifee will review and sign off on Geofile changes incorporated by Murrieta on a quarterly basis. Upon sign-off, Menifee will be accountable for the quality of data.
d. Provide AT&T data and site plan/complex card detailed information to supplement the GIS Web Dispatch application.
e. Provide all updated geographic data to Murrieta.
504
22 EXHIBIT "B"
Costsfor Service
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Dispatch Services2the following:

A. Dispatcher and Dispatch Supervisor Costs.

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

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

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

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

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

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

Unless otherwise indicated, capitalized terms used in this Exhibit B have the meaning set forth in the agreement to which this Exhibit B is attached
505
23 5. The Parties specifically acknowledge that the amount due from Menifee is subject to annual adjustments at the beginning of the fiscal year based on Murrieta's personnel costs, including but not limited to increased labor costs as negotiated in the Memoranda of Understanding between Murrieta and the Murrieta General Employees Association and Murrieta Supervisors' Association, respectively, any increases in employee compensation and benefits and changes in staffing levels in the dispatch center.

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

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

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

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

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

Position Title Proportion
506
24 Communications Manager 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%
If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully Burdened rates prior to May 31, 2020, Menifee's Non-Dispatcher Cost shall be the Loaded Cost plus any applicable overtime for the following positions:

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

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

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

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

CAD/RMS Systems Administrator 40%
Information Systems Analyst 30%
Program Administrator As incurred
IT System Administrator As incurred
Management Analyst 7.5%
a. Actual training costs incurred.
507
25 b. Overtime costs, including Workers' Compensation and Medicare. c. On-Call pay based on respective MOUs.
d. Leave Buy Out based on respective MOUs.
c. Technology Costs
The Technology Costs consist of three components. The first component represents Menifee's contribution towards the initial investment of the start-up costs incurred by Murrieta to acquire and implement its CAD and RMS system, which enables Murrieta to provide Dispatch Services to Menifee, including contribution to capital costs for the dispatch software, technology, and systems already in place. Murrieta's investment to implement and acquire its CAD and RMS system was One Million Eight Hundred Thousand Dollars ($1,800,000), financed to be paid over a term of seven (7) years ("Finance Payment"). For each loan payment after the Go Live Date, Menifee shall pay to Murrieta Forty-One Thousand Eight Hundred FortyEight Dollars and Twenty Cents ($41,848.20).

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

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

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

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

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

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

D. Offset Costs.

The Parties acknowledge and agree that the net proceeds from any grants, subsidies, or reimbursements received by Murrieta, to the extent (i.e., in the proportion) they result from the provision of Dispatch Services to Menifee, shall be offset against the Dispatcher Costs during the invoicing period in which the grant, subsidy, or reimbursement is provided to Murrieta. 508
26 E. Payment Methodology.

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

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

F. Annual Meet and Confer.

The Parties shall meet and confer annually (as part of a coordination meeting required by Section 6 of the Agreement) to make adjustments in costs or applicable proportions including, but not limited to, the calculation of cost of services set forth in section 5(b), the proportion of Menifee end users to total end users, the proportion of Menifee radios to total radios, technology cost, the annual technology maintenance costs, and any offset costs received or anticipated to be received by Murrieta. 509
27 EXHIBIT "B-1"
Estimated Personnel Costs
Year One (FY 2019/20)
Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $97,406.00 12 6mos. 100% $584,436.00
Comm Mgr $164,048.00 1 12 mos. 43% $70,540.64
Radio Administrator * $108,667.00 1 12 mos. 40% $43,466.80 IT Analyst* $120,702.00 1 12 mos. 25% $30,175.50
IT Tech* $107,714.00 1 6mos. 10% $5,385.70
Total $734,004.64
Year Two (FY 2020/21)
Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $100,815.00 12 12 mos. 100% $1,209,780.00
Supervisors $119,961.00 4 12 mos. 43%4 $206,332.92
Comm Mgr $178,279.00 1 12 mos. 43% $76,659.97
Radio Administrator $112,470.00 1 12 mos. 20% $22,494.00 IT Analyst
IT Tech
$131,173.00 1 12 mos. 20% $26,234.60
$111,484.00 1 12 mos. 10% $5,574.20
Total $1,547,075.69
The above are only estimates and the Parties acknowledge that Menifee will, according to the formulas set forth in sections (A) and (B) of Exhibit B, be charged for and pay for actual costs notwithstanding the above estimates. In the same vein, the Parties acknowledge that, for Year One (fiscal year 2019/20), the three positions noted with asterisks (Radio Administrator, IT Analyst, and IT Tech) will be charged on an hourly basis for hours actually worked and thus the amounts listed for those positions are for illustration only.
510
28 EXHIBIT "B-2"
Annual Technology Costs Deferred Start Up Costs
Menifee Dispatching Services Hardware
and Software Costs by Year 08/05/2019
Summary
FY 20 - Year 2 Costs
CAD Workstation Inform CAD Software License Fees $ 20,000.00 CAD Mapping Inform CAD software License Fees $ 1,000.00 CAD NCIC/State Query Position Inform CAD Software License Fees $ 1,000.00 CAD Mobile Base withCJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00 CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00 CAD Mobile Server Software (C 101-250 Positions) Inform Mobile Implementation Services $ 10,000.00 Inform RMS Inform RMS software License Fees $ 13,500.00 Inform RMS NCIC/State Software Inform RMS software License Fess $ 2,500.00 Annual Maintenance for new Software This cost reflects adding additional software licenses $ 15,776.32 Total Tritech/Central Square CAD/RMS Quoted Add-on only Cost $ 87,776.32
Inform CAD Business Analysis and Consultation Service 1-day Remote Project Management Costs $ 700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2- days Remote Project Management Costs $ 1,400.00
Project Management from Central Square
Crossroads Crash Software
Project Management Costs $ 6,250.00
Project Management Services Cost $ 8,350.00
Site License $ 9,800.00
Total Additonal Required Software $ 9,800.00
Crime view implementation professional services Based on adding Menifee to Murrieta's Crimeview dashboard and advanced analytics $ 14,875.00
Crimeview (Advanced reporting, Nearme, dashboard) Yearly Subscription 50% of Murrieta Yearly Subscription $ 8,137.50 Field Ops(mobile app to CAD) Implementation $ 1,400.00
Field Ops Yearly Subscription Cost Subscription per user $ 2,400.00 IQ Search Implementation Implementation $ 1,100.00
IQSearch Yearly Subscription Yearly Subscription $ 4,800.00 Project Management for CrimeView and Field Ops Project Management Costs Total Optional Software Licensing and lmplentation Costs _$. 2,'-4_6_4_.o_o_
$ 35,176.50
Annual Maintenance for new Software This cost reflects adding additional software licenses $ 31,552.64 Annual Maintenance for Menifee Portion of Central Square This cost reflects Menifee's share of 36% of the existing annual Software maintenance $ 22,555.54
Duo Software (2FA) 2FA Software (Annually) $ 7,424.00
Endpoint Protection Carbonblack security software for dispatch computers $ 107.44 Vmware Licensing 50% share of the host licenses (3 hosts) $ 3,000.00 Software Renewals $ 64,639.62
Internet (Failover)
Internet (Primary)
Failover Internet Connection (Monthly)
Primary Internet Connection - Shared Cost (Monthly)
$ 10,788.00
$ 8,027.76
Internet Service Costs $ 18,815.76
Grand Total (does not include taxes) $ 224,558.20
NOTE:

Central Square agreed to payment terms of 50% at start and 50% at go-live Does not include the possible renewal increase of 3% for Central Square 511
29 EXHIBIT "B-3"
Annual Technology Maintenance Costs
\1enifee Dispatching Services Hara
ware and Software Costs by Year
08/05/2019
Summary
FY21 - costs
Annual Maintenance for new Software This cost reflects maintenance fortheadditional software licenses $ 31,552.64 Annual Maintenar.ce for Menifee Portion of Central Square Software Th's cost reflects Meri!fee's share of 36% of the eKisting annual maintenance $ 22,555.54 Crossroads Annual Maintenance Crossroads Crash Software $ 900.00 Duo Software (2FA) 2FA Software (Annually) $ 7,424.00
Endpoint Protection Carbonb!ack security software for dispatch computers $ 107.44 Vmware Licensing 50%share of the host licenses $ 3,000.00 Software Renewals
-
$----- 65
-
53 --
62 -
Field Ops Yearly Subscription Cost Subscription per user 2,400.00 Crimeview (Advanced reporting, Nearme, dashboard) Yearly 50% of Murrieta Year!y Subscription Subscription 8,137.50
IQ Search Yearly Subscription Yearly Subscription 4,800.00 Optional Software Renewals
-
$-- 15, 3 3
-
7 . 5
-
0 Internet (Failover)
Internet {Primary)
Faiiover Internet Connection (Monthly) $ 10,788.00
Primary Internet Connection- Shared Cost (Monthly) _$ 8 ,0_2_7_.7_6_ lmernet Service Costs $ 18,815.76
Grand Total_$,,..._99-,-69_2 88-
NOTE:

Does'10t incl:JC:e the possible etiewal ir.crease of 3% for Central SquarF 512
30 EXHIBIT "C"
Start-Up Costs
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Start-Up Services5the following:

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

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

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

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

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

E. Payment Methodology.

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

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

Unless otherwise indicated, capitalized terms used in this Exhibit C have the meaning set forth in the agreement to which this Exhibit C is attached.
513
31 EXHIBIT "C-1"
Equipment, Hardware, and Software
Menifee Dispatching Services Hardware
and Software Costs by Year 08/05/2019
Summary
FY19 - Year One Costs
CAD Workstation InformCAD Software License Fees $ 20,000.00 CAD Mapping Inform CAD software License Fees $ 1,000.00 CAD NCIC/State Query Position InformCAD Software License Fees $ 1,000.00 CAD Mobile Base with CJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00 CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00 CAD Mobile Server Software (C 101•250 Positions) Inform Mobile Implementation Services $ 10,000.00 Inform RMS Inform RMS software license Fees $ 13,500.00 Inform RMS NCIC/State Software Inform RMS software license Fess $ 2,500.00 Annual Maintenance for newSoftware This cost reflects adding additional software licenses $ 15,776.32 50% of Total Trttech/Central Square CAD/RMS Quoted Add-on only Cost $ B7,n6.32
InformCAD Business Analysis andConsultation Service 1·day Remote Project Maragement Costs $ 700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2· days Remote Project Management Costs $ 1,400.00
Project Management from Central Square Project Managemeet Costs $ 6,250.00 50% of Project Management Services Cost .....,.$--8-,35---0-.00- Annual Maintenance for Menifee Portion ofCentral Square This cost reflects Menifee's share of 36%ofthe existing annual Software
Crossroads Crash Software
Property & Evidence Hardware
maintenance $ 22,555.54
Total Menifee Portion of Annual Maintenance $ 22,555.54 Site license•ToBe Installed on June 1, 2020 w/ billdue 7/1/2020 $ Total Addltonal Required Software--,-$
Zebra and Topaz label printers, signature pads and scanners $ 5,889.77 Total P&E Hardware Costs $ 5,889.77
Duo Software {2FA) 2FA Software (Annually) $ 7,424.00
Endpoint Protection Carbonblack security software for dispatch computers $ 644.80 MSCore CAL
Client access license for Window machines for Dispatch computers $ 1,580.00 MS Office CAL Microsoft Office license for dispatch computers $ 1,536.00 Total Software Costs _$_1_1_,184 80-
Desktop Computer Dell 7060 SFF 5 Year Warranty Plus Tariff Increase for Dispatch plus extra video card $ 4,000.00
22" Monitor Dell P2117H for Dispatch (4 per computer) $ 3,232.00 Total Hardware Costs...$.._7_.2_3_2_.oo_
PCM·G Network Services Network services to configure and establish the network between Menifee and Murrieta $ 31,601.77
internet {Failover) Failover Internet Connection (Monthly) $ 899.00 internet (Primary) Primary Internet Connection· Shared Cost (Monthly) $ 668.98 Total Network Services Cost $ 33,169.7S
Grand Total (does not include taxes) $ 176,158.18
NOTE:

Central Square agreed to payment terms of 50%atstart and 50%at go.live 514
{Client Files/4540/l/K/S0567299.DOCX}

FIRST AMENDMENT AND RESTATMENT

OF DISPATCH SERVICE AGREEMENT

BETWEEN THE CITY OF MURRIETA AND
THE CITY OF MENIFEE DATED JULY 1,
2019
This First Amendment and Restatement of Dispatch Service Agreement (hereinafter "Agreement") is made and entered into by and between the CITY OF MURRIETA, a municipal corporation (hereinafter "Murrieta"), and the CITY OF MENIFEE, a municipal corporation (hereinafter "Menifee"). Murrieta and Menifee may be individually referred to as a "Party" and collectively referred to as the "Parties".

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

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

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

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

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

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

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

E. H. Similarly, Murrieta providing dispatch services to Menifee will require hardware and software upgrades of the existing Central Square CAD and RMS system, including licensed ancillary modules, to the 515
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multi-agency versions of the software. Menifee shall pay for such upgrades and all implementation costs related to the software system upgrade, including hardware, to enable the software for Murrieta staff to provide police dispatching services to both Parties.

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

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

H. K. The expansion of Murrieta's dispatch capabilities to accommodate Menifee's dispatch needs will cause Murrieta to incur substantial start-up and ongoing costs on Menifee's behalf, including dispatcher 516
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recruitment costs; supervisory, administrative, and technical support recruitment costs; and as well as technology hardware and software costs.

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

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

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

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

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

J.j. "Go Live Date" means July 1, 2020.
k. "Menifee Calls For Service" means the Calls For Service that originate within the jurisdictional limits of Menifee or a mutual aid call to which Menifee responds.

Startup Costs will also include costs for dispatch-related equipment to be used by Menifee including, but not limited to, mobile data browsers/mobile data communicators and all related licenses and appurtenances. Without limiting the foregoing, Start Up Costs shall include the full cost of Murrieta's purchase and implementation (including hardware) of an upgrade to the existing Central Square CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software, as necessary to enable the software and Murrieta staff to provide police dispatching services to both Parties. A forecast of anticipated StartUp Costs is provided in Exhibit C. 518
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n. "Start-Up Period" means the period from the Effective Date to the Go Live Date. o. "Start-Up Services" means Murrieta's implementation of such infrastructure and technology upgrades and improvements, equipment purchases, employee recruitments and 519
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hirings, other personnel decisions, and training of Murrieta and Menifee personnel as necessary to provide the Dispatch Services to Menifee by the Go Live Date. p. "Technology Costs" means the amount Menifee pays to Murrieta for the technology used to run the software and hardware used to provide dispatching services, including both (i) contributions to capital costs for the dispatch software, technology, and systems already in place, and (ii) the Annual Technology Maintenance Costs. The Technology Costs are based on Menifee's proportionate use of the dispatch center and is subject to annual adjustment by Murrieta. A description of the method for calculating Menifee's share of the Technology Costs is provided in Exhibit B.

4. SERVICES. Murrieta shall provide the following services to Menifee. a. Start Up Services. During the Start-Up Period Murrieta shall provide the Start-Up Services to or for the benefit of Menifee. Such services include the hiring of additional dispatch staff. New hires will be employees of Murrieta and subject to Murrieta's rules and regulations, which include training and probationary periods.
a.1. The Parties agree that on or prior to May 1, 2023, the Start Up Services were fully performed and this Paragraph 4(a) has no further force or effect. b. Dispatch Services. From the Go Live Date through the expiration or earlier termination of this Agreement, Murrieta shall provide the Dispatch Services to Menifee. Priority of Dispatch Services shall be allocated equally between the Parties and according to Murrieta's standard operating procedures and this Agreement.
c. Notwithstanding the foregoing, the Parties acknowledge and understand that the scope of Dispatch Services that Murrieta can provide on the Go Live Date depends on a high level of cooperation between the Parties and may be influenced by whether Menifee timely provides complete and accurate information to Murrieta including, but not limited, GIS data. The Parties agree to work together in good faith to meet the Go Live Date; however, should the Dispatch Services not be fully ready for implementation on the Go Live Date despite the Parties' best efforts, said failure shall not be a default of this Agreement and Murrieta shall provide Dispatch Services to the extent possible in recognition of the public health and safety concerns associated with the provision of such services. c.1. The Parties agree that as of May 1, 2023, the Go Live Date has passed, and as a result this Paragraph 4(c) has no further force or effect.
d. Extra Work. At any time during the term of this Agreement, Menifee may request that Murrieta perform Extra Work. Murrieta will not perform, nor be compensated for, Extra Work without written 520
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authorization from Menifee.

5. COMPENSATION, Menifee shall provide the following compensation to Murrieta. 521
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5. 6.
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a. Start-Up Costs.
i. 1. Payment Obligation: Menifee shall pay Murrieta for the Start-Up Costs in accordance with the invoicing procedure set forth in Section 5(d). ii. 11. Estimated Amount: The Parties currently estimate that the Start-Up Costs will be as set forth in Exhibit C. At such time as the total invoices for Start-Up Costs exceed eighty percent (80%) of the estimated Start-Up Costs as set forth in Exhibit C, the Parties shall meet and confer to revise the estimated Start-Up Costs as necessary.

Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit C are estimates only and that it is responsible for all Start-Up Costs incurred by Murrieta. iii. The Parties agree that as of May 1, 2023, the Start-Up Costs have been fully paid, and as a result, this Paragraph 5(a) has no further force or effect. b. Costs for Service:
i. 1. Payment Obligation: Menifee shall pay Murrieta the Costs for Service in the amount and subject to the adjustments specified in Exhibit B. The Parties acknowledge that the Costs for Service include ongoing personnel costs (dispatchers and non- dispatcher support and supervisory personnel) and Technology Costs incurred by Murrieta as necessary to provide the Dispatch Service to Menifee. The Parties further acknowledge that some of the Costs for Service will commence and may be invoiced prior to the Go Live Date.
ii. 11. Estimated Amount: The Parties currently estimate that annual Costs for Service will be as set forth in Exhibit B. At either Party's request, with at least fourteen (14) days prior notice, the Parties shall meet and confer to discuss any current or forecasted changes in the Costs for Service. Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit B are estimates only and that it is responsible for all Costs for Service incurred by Murrieta.
iii. Fully Burdened Hourly Rate (“FBHR”) Calculation: The FBHR are rates that City’scities use to estimate full cost of employee’s time. If a Ccity were to use a simple hourly rate to charge for services associated with an employee, the reimbursement willwould not cover any of the other expenses associated with the services rendered. The FBHR calculation includes salary, benefits, and other costother costs reasonably attributable to the employee. These cost elements that are included in the FBHR calculation are as follows:
 Salary and Benefits;
 Operating Cost applicable to the Ddispatch Ccenter; and  Indirect overhead costs calculated through the Cost Allocation Plan (“CAP”).

These combined amountsreflect the actual cost associated with an hour of each employee’s time. The term "indirect overhead costs," as used herein, applies to costs of this type 523
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originating in the central service departments. Central service departments are those departments that provide support and services internally to operating departments that conduct the day-to-day operations necessary to serve the community. In order to determine the indirect overhead cost, Murrieta will engage an expert-matter subject-matter expert consultant to prepare the CAP. An important factor in determining the FBHR is in the calculation of productive hours for personnel. For the purpose of this agreement, the productive hours is are two thousand and eight hours (2,080). Murrieta is to engage a subject-matter expert consultant expertconsultant to complete the FBHR by March of each year.
iv. Activity-Based Cost Allocation Methodology: An equitable methodology to allocate cost of dispatch services is based on the following criteria: All Inbound and Outbound phone calls to include 9-1-1 calls, ten-digit emergency line and non-emergency lines (inclusive of calls for Murrieta Police Department, Murrieta Fire Department, and Menifee Police Department). Additionally, all CAD entries, including self-initiated, dispatched, and not dispatched calls for service, and report numbers assigned will be includedconsidered. on the number of calls for services received by the dispatch center. Calls for service includes received calls, dispatched calls, and officer-initiated calls. This methodology allows for an equitable share of cost based on actual activity being performed by the dispatch center. The percentage allocation will be based on the location of originating calls. The number of calls and its location information isare recorded and available in the CAD system. The percentage allocation will be based on a calendar year basis from January 1st through December 31st and such report will be completed by March of each year prior to the beginning of the upcoming fiscal year.
c. Extra Work: Menifee will compensate Murrieta for Extra Work at rates or charges agreed to in writing by the Parties.
d. Invoicing Procedure: Murrieta shall submit invoices to Menifee on a quarterly basis (January 15, April 15, July 15, and October 15). The invoices shall be based on actual costs incurred by Murrieta to ensure full cost recovery. The invoices shall identify whether the charges included are for Start-Up Costs or Costs for Service and shall include sufficient back-up documentation to demonstrate that the costs are appropriately categorized as either Start-Up Costs or Costs for Service. Menifee shall pay the quarterly invoices within thirty (30) calendar days of receipt of the invoice. After thirty (30) calendar days, payment shall be considered late and a default subject to termination for cause under Section 8 of this Agreement.

7.6. ON-GOING COORDINATION. The Police Chief of the City of Murrieta and the Police Chief of the City of Menifee are the designated and authorized representatives of Murrieta and Menifee respectively for purposes of administration of this Agreement. The Police Chiefs, or their designees, shall meet quarterly or as needed to discuss issues pertaining to: (i) budget; (ii) operational issues, including changes to service delivery and appropriate staffing level; (iii) technical issues related to information technology and system components; and (iv) dispatch operational issues related to field unit reporting 524
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and system status management.

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

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

Any Records not transferred to Menifee shall be maintained or destroyed in accordance with the adopted Murrieta retention schedule.
d. c.
e. d. Expenses on Termination. lf Menifee elects to terminate this Agreement without cause pursuant to this Section 8(a), or Murrieta terminates this Agreement with cause pursuant to Section 8(b) in accordance with the procedures set forth in Section 9 below, then Menifee 525
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shall pay the following amounts to Murrieta within thirty (30) days of receipt of an invoice from Murrieta for such costs: (i) any Start-Up Costs that have not yet been paid to Murrieta; (ii) all costs for services provided up to the date of termination; (iii) all costs for personnel terminations resulting from the termination of the Agreement including, but not limited to, any applicable severance payments and Consolidated Omnibus Budget Reconciliation Act also known as COBRA payments; and (iv) the Data Conversion Costs. If this Agreement expires on the Termination Date, Menifee shall pay Murrieta the Data Conversion Costs within thirty (30) days of receipt of an invoice from Murrieta for such Costs.

10.9. DISPUTE RESOLUTION. Any disputes under this
Agreement, including but not limited to termination for cause, shall be subject to the dispute resolution procedures herein.
a. Meet and Confer. lf either Party (i) disputes the other Party's interpretation of this Agreement;·(ii) disputes the sufficiency of the other Party's performance under this Agreement, including cost of service or billing; or (iii) contends there has been a material breach of the Agreement, then the Parties shall meet to attempt to resolve the dispute. The City Manager and Police Chief of Murrieta shall be the authorized dispute resolution representatives for Murrieta, and the City Manager and Police Chief of Menifee shall be the authorized dispute resolution representatives for Menifee. b. Mediation.
i. Initiation of Mediation: If a dispute is not resolved through the meet and confer process, either Party may initiate a mediation process by giving written Notice of Mediation to the other Party.
ii. Selection of Mediator: Within fourteen (14) days after receipt of a Notice of Mediation, the Parties shall mutually select one person to mediate the dispute, which person shall be a qualified professional with expertise in the subject matter of the dispute. Neither Party may unreasonably withhold, delay, or obstruct the selection of a mediator. iii. Commencement and Completion of Mediation: The mediation shall be completed within forty-two (42) days of the selection of the mediator. The mediation shall be conducted in accordance with procedures chosen by the mediator. iv. Mediator's Recommendation: If the mediator is unable to resolve the dispute during the mediation, the mediator shall submit specific and written recommendations for full resolution of the dispute within fourteen (14) days thereafter. The Parties shall 526
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v. consider the written recommendations of the mediator. vi. Mediation Costs: The fees and expenses of the one selected mediator shall be divided equally between the Parties. The above deadlines shall be enforced unless extensions are mutually agreed upon or granted to either Party by the mediator for good cause shown.
c. Termination following mediation. If the dispute is not resolved through the meet and confer process or the mediation process, then the Party that receives a favorable recommendation from the mediator may move forward with terminating the Agreement. Termination shall be effective thirty (30) days after written notice of termination by the aggrieved Party.

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

1. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) "per occurrence" coverage shall be maintained in an amount not less than $10,000,000 general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

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

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

11. As to automobile and commercial general liability policies, for any claims related to 527
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this Agreement, Menifee's coverage shall be primary insurance with respect to Murrieta. Any insurance maintained by Murrieta shall be in excess of Menifee's insurance and shall not contribute with it.
c. Notices of Cancellation. Each Party shall notify the other Party if any policy required by this Agreement is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation.

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

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

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

14.13. CONFIDENTIAL INFORMATION AND RECORDS REQUESTS.
a. Confidential Information. The Parties acknowledge and agree that personnel, proprietary, trade secret, and other information that is otherwise exempt from disclosure under the California Public Records Act or any recognized privilege, doctrine, or law (collectively "Confidential Information") shall be handled as strictly confidential information, and shall be disclosed only to the extent otherwise mandated by state law, federal law, a properly issued subpoena, or a court order. The Parties agree to immediately advise one another upon the receipt of any request, demand, or order seeking Confidential Information and to reasonably cooperate with one another in responding to any such request, demand, or order. The terms of this Section 13 shall survive termination of this Agreement. b. Records Requests. If Menifee receives any request for documents pursuant to the Public Records Act or other applicable law or court order, Menifee shall be solely 528
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responsible for responding to said request. When such requests seek information in the possession, custody, or control of Murrieta, Murrieta shall use its best efforts to provide reasonable assistance to Menifee in responding to said request. Notwithstanding the foregoing, Murrieta shall not be responsible or liable to either the requestor(s) or Menifee as a result of Murrieta's inability to respond to a document request, so long as Murrieta demonstrates it exercised its best efforts to provide reasonable assistance.

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

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

16.15. FORCE MAJEURE.

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

Neither Party's employees shall acquire or be (or become) entitled to any of the rights, privileges, powers, or advantages of the other Party's employees including, but not limited to, the right to any compensation, benefits, or pension benefits of the other Party's employees. 529
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Menifee Not An Employer of Dispatchers. Murrieta shall not request or demand that Menifee assume any liability for direct payment of any salary, wage or other such compensation to any person employed by Murrieta to perform the services described in the Agreement.

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

19. NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be delivered to the respective Party as set forth in this section. Communications shall be deemed to be 530
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effective upon the first to occur of: (a) actual receipt by a Party's Authorized Representative, or (b) actual receipt at the address designated below, or (c) three (3) working days following deposit in the United States Mail of registered or certified mail sent to the address designated below. The Authorized Representative of either Party may modify their respective contact information identified in this section by providing notice to the other Party.

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

City Attorney
1 Town Square
Murrieta, CA
9925622562
With a Copy To:

City Attorney
29844 Haun Road
Menifee, CA 92586
TO: Murrieta Attn: Police Chief 2 Town
Square
Murrieta, CA 92562
531
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T enifee Attn:

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

City Attorney
With a Copy To:

City Attorney
1 Town Square
Murrieta, CA 92562
29844 Haun Road
Menifee, CA 92586

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

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

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

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

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

31. COUNTERPARTS. This Agreement may be executed in counterparts, all of which taken together will be considered one original document.
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IN WITNESS WHEREOF, Murrieta and Menifee do hereby agree to the full performance of the terms set forth herein.

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

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

ATTEST: ATTEST:

By: Stephanie D. SmithCristal
McDonald, MMC
By: Sarah A. ManwaringStephanie
Roseen,
City Clerk
APPROVED AS TO FORM:

By: Leslie E.

DevaneyTiffany Israel
Title: City Attorney
MMC Acting City Clerk
APPROVED AS TO FORM:

By: Jeffrey T. Melching
Title: City Attorney
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EXHIBIT "A"
Scope of Services
SERVICES PROVIDED BY MURRIETA: During the term of this Agreement 1, Murrieta shall provide to Menifee Dispatch Services that are equivalent to those provided to Murrieta, which include the following:

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

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

3. Computer-Aided Dispatch (“CAD”) and Records Management System (“RMS”). a. Maintain vendor recommended upgrades to the existing Central Square CAD and RMS, including licensed ancillary modules, to the multi-agency versions of the software. b.
c. Host and maintain the CAD and RMS applications, database, and backups and provide twenty-four (24) hours, seven (7) days a week of operational support of the servers and applications.
d. Murrieta's CAD/RMS Administrators will be the main contact for any issues related to the CAD and RMS applications and will contact the Information Technology Services Help Desk following Murrieta's current normal business hour (0800 hours to 1700 hours) and after-hour (1700 hours to 0800 hours) procedures. Murrieta will provide 24 hours per day / 7 days per week access to and assistance from Murrieta technical support personnel to address critical issues related to CAD/RMS and/or network-related issues relating to CAD/RMS applications. If an after-hours incident does not meet the emergency 536
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2 threshold, Murrieta IT will direct Menifee to create a help desk ticket, and response to the issue will be on the next business day. Examples of what may constitute a critical emergency include issues that cause a business stoppage or disruption of critical business. e. Murrieta PD will maintain and support the existing software license agreement with Central Square.
f. Provide the servers, CAD and RMS along with ancillary applications, databases, system administration, and necessary interfaces for the systems. f.g. In the event Menifee changes their RMS to a provider other than CentralSquare, Murrieta Information System Division wouldshall maintain Menifee’s existing data for a period of one year, unless a shorter period is requested by Menifee, if required. The cost of maintaining the data will be borne by Menifee.
g.h. Maintain and support the servers and the hardware necessary for the operation of the systems.
g.i.Monitor new technology to maintain technologically current systems. i.j. Be solely responsible for determining the hardware and software that will maximize benefits to both Murrieta and Menifee; provided, however, that Murrieta shall consult with Menifee prior to implementing any significant cost increase for hardware and/or software.
j.k.Provide the ability for Menifee workstations (including Mobile Data Computers ["MDC"]) to perform California Law Enforcement Telecommunication System ("CLETS") queries.
k.l.Assist Menifee to resolve any issues with the operation of the mobile software as a result of issues with the CAD application.
l.m. Create network accounts for Menifee to access Murrieta's network and Central Square accounts for Menifee to access CAD and RMS applications within five (5) days of the date that the request is received from Menifee.
m.n. Be responsible for all CAD file maintenance updates including user accounts, terminals, and quarterly GIS updates.
n.o. Provide access to the database views for reporting on the CAD data warehouse and RMS database.

Report and track issues with the CAD and RMS vendor(s), and test fixes in the test environment before installing fixes into the live production system. o.
p.
q. Menifee will be providedMurrieta shall provide access to Menifee to the audio logger 537
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3 at Murrieta PD for the purpose of obtainingpulling their own recordings related to Menifee in order to comply and complying with allany California Public Records Act requests. Murrieta PD assumes responsibility forshall provide training to Menifee personnel on using the audio logger, as identified by Menifee’s command staff. A second audio logger will be housed at Murrieta PD to maintain recordings solely for Menifee PD. Menifee assumes all costs related to the second audio logger, including its maintenance.
r. Respond to Public Records Act requests or similar requests and subpoenas for incidents and/or addresses located in MenifProvide administrative support and technical support to the Menifee Police Department supervisors or administrators and Information Technology team seeking information from CAD and/or RMS. r.s. Provide and send to Menifee PD duplicate CAD and RMS data relating to all Menifee calls and reports, including all attachments, to Menifee PD servers on a real-time basis.

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

4. Network Connectivity.
a. Provide and maintain a point-to-point dedicated connection at Murrieta's dispatch center to establish communications with Menifee's network. b. Provide and maintain a backup dedicated connection for communications with Menifee's network.
b.c. Upon discovery, Provide immediate notification to Menifee PD and Information Technology departments if the City of Murrieta SD-WAN becomes inoperable.

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

6. Ancillary Services.
a. May conduct inquiries for officers into federal, state, and local databases through CLETS and Riverside Sheriff Office Message Switch (Local Warrant System) ("RSOMS").
b. Complete after-hours entries into federal and state databases (MUPS, DVROS, AFS, SVS).
538
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4 c. Be the Custodian of Record of all telephone audio recordings, and consult with Menifee representatives prior to the release of any such information relating to incidents within or relating to the City of Menifee, the Menifee Police Department, or the services provided to Menifee under this Agreement. d. Process audio recording requests for criminal, civil, and internal cases that are actually recorded by Murrieta after full consolidation and provide copies of records to Menifee following Murrieta's request procedure.
e. c. Murrieta Communications Manager will be responsible for CJIS audits, yearly training and sign-offs for Murrieta only.

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

SERVICES PROVIDED BY MENIFEE: During the term of this Agreement, Menifee shall provide to Murrieta and be responsible for the following actions:
539
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5 1. Police General Dispatch Service.
a. Provide daily rosters for all patrol shifts to Murrieta at the beginning of each shift. b. Notify Murrieta prior to conducting any operations with an OPS plan, including personnel involved and location.
c. Conform to Murrieta response protocols. Murrieta will collaborate with Menifee in good faith if there are any desired changes to response protocols by either party. d. Conform to Murrieta call types and dispositions. Murrieta will collaborate in good faith with Menifee if there are any desired changes to call types or dispositions by either party.
e. Conform to Murrieta's radio codes.
f. Follow established complaint procedures to address personnel and dispatching issues.

Wherever practical, Menifee's authorized representatives will be consulted prior to the implementation of new orders or procedures.

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

2. Computer-Aided Dispatch and Records Management System. a. Establish and maintain telephone line(s) services as necessary to support the dispatch consolidation effort outlined in this Agreement.
b. Process all paperwork related to the records function including, but not limited to, records data entry, citation entry, or miscellaneous paperwork not related to the basic dispatch function and respond to Public Records Act requests or similar requests and subpoenas for incidents and/or addresses located in Menifee. 540
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6 c. Submit a request for Murrieta to create accounts for CentralSquare CAD and/or RMS applications for a new hire.
d. Notify Murrieta immediately of any separated employee so that the respective network and Central Square accounts can be deactivated. e. Menifee will notify Murrieta of user role assignments and request updates when roles change.

Murrieta will manage/create CAD/RMS permission roles.
f. Menifee will submit any code table update/change requests to Murrieta who will manage NIBRS codes upload into RMS while also maintaining all codes management within RMS. g. Menifee will notify Murrieta when Records workstations are added or updated so they can be added to the CAD/RMS system. Murrieta will assist Menifee as necessary to resolve issues related to CAD/RMS; however, Menifee is responsible for any hardware costs associated with the resolution of an issue if it is not related to the RMS application. h. Provide all ad hoc reporting (using SSRS or other tools) from the CAD data warehouse and RMS database.

3. Network Connectivity.

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

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

5. Mobile Data Computer System.
a. Maintain its own NetMotion server and provide the connectivity of the MDCs to the Murrieta CAD system along with related costs.
b. Pay any costs to upgrade the current MDC software to MobileCOM if Menifee elects to upgrade the software.
c. Be the Custodian of Record of all telephone audio recordings and facilitate the release of any such information relating to incidents within or relating to the City of Menifee, the Menifee Police Department, or the services provided to Menifee under this Agreement. 541
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7 b.d. Process audio recording requests for criminal, civil, and internal cases.

6. Geographic Information System.
a. Provide the initial Geofile and Maverick map layers. Menifee will be accountable for the quality of the data.
542
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8 b. Work with Murrieta to assure that the merging of the mapping data for the two agencies creates a seamless single Geofile to be used for dispatching services.

For areas of shared boundaries, duplicates and discrepancies must be resolved before implementation.
543
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9 c. Provide direct GIS files or agreed upon documentation for Geofile and Maverick map additions and changes on a quarterly or on an ad hoc basis as needed.

Menifee will review and sign off on Geofile changes incorporated by Murrieta on a quarterly basis. Upon sign-off, Menifee will be accountable for the quality of data.
d. Provide AT&T data and site plan/complex card detailed information to supplement the GIS Web Dispatch application.
e. Provide all updated geographic data to Murrieta.
544
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EXHIBIT "B"
Costsfor Service
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Dispatch Services2the following:

A. Dispatcher and Dispatch Supervisor Costs.

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

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

Unless otherwise indicated, capitalized terms used in this Exhibit B have the meaning set forth in the agreement to which this Exhibit B is attached
per section 5.b.iii
545
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2 Unless otherwise indicated, capitalized terms used in this Exhibit B have the meaning set forth in the agreement to which this Exhibit B is attached.

Actual training costs incurred.

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

Recommend this be removed or note this effective prior to July 1, 2021. 546
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4. Estimates of Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1.

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

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

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

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

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

2. 547
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If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully Burdened rates prior to May 31, 2020, Menifee's Non-Dispatcher Cost shall be the Loaded Cost Position Title Proportion
Communications Manager 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%
548
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plus any applicable overtime for the following positions:

Position Title Proportion
Communications Manager 43%
Dispatch Supervisors (4) 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%

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

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

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

Dispatch Supervisor % per section 5.b.iv.

RadioCAD/RMS Systems
Administrator
420%
Information Systems Analyst 30%
Information Systems Technician 10%
Program Administrator As incurred
IT System AnalystsAdministrator As incurred
ManagementFinancial Analyst 7.5%??
a. Actual training costs incurred.
b. Overtime costs, including Workers' Compensation and Medicare. 549
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c. On-Call pay based on respective MOUs.
d. Leave Buy Out based on respective MOUs.

3. c.!, Technology Costs
The Technology Costs consist of three components. The first1 component represents Menifee's contribution towards the initial investment of the start-up costs incurred by Murrieta to acquire and implement its CAD and RMS system, which enables Murrieta to provide Dispatch Services to Menifee, including contribution to capital costs for the dispatch software, technology, and systems already in place. Murrieta's investment to implement and acquire its CAD and RMS system was One Million Eight Hundred Thousand Dollars ($1,800,000), financed to be paid over a term of seven (7) years ("Finance Payment"). For each Finance Payment loan payment after the Go Live Date, Menifee shall pay to Murrieta Forty-One Thousand Eight Hundred Forty-Eight Dollars and Twenty Cents ($41,848.20).

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

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

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

Effective July 1, 2021, the County of Riverside started to invoice Menifee Police Department for their radio subscriptions.
550
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D. Offset Costs.

E. Payment Methodology.

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

F. Annual Meet and Confer.

The Parties shall meet and confer annually (as part of a coordination meetings required by Section 6 of the Agreement) to make adjustments in costs or applicable proportions including, but not limited to, the proportion of dispatchers called for under this Agreement to total dispatcherscalculation of cost of services set forth in section 5(b), the proportion of Menifee end users to total end users, the proportion of Menifee radios to total radios, technology cost, the Annual annual Technology technology Maintenance maintenance Costscosts, and any offset costs received or anticipated to be received by Murrieta. 551
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EXHIBIT "B-1"
Estimated Personnel Costs
Year One (FY 2019/20)
Year Two (FY 2020/21)
Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $100,815.00 12 12 mos. 100% $1,209,780.00
Supervisors $119,961.00 4 12 mos. 43%4 $206,332.92
Comm Mgr $178,279.00 1 12 mos. 43% $76,659.97
Radio Administrator $112,470.00 1 12 mos. 20% $22,494.00 IT Analyst
IT Tech
$131,173.00 1 12 mos. 20% $26,234.60
$111,484.00 1 12 mos. 10% $5,574.20
Total $1,547,075.69
The above are only estimates and the Parties acknowledge that Menifee will, according to the formulas set forth in sections (A) and (B) of Exhibit B, be charged for and pay for actual costs notwithstanding 4 If Murrieta completes a Cost Allocation Plan by May 31, 2020, then Supervisor costs shall not be charged to Menifee, because such costs will be included in the Total Personnel Cost of Dispatchers.

Personnel (Salary/Benefits) Annual QTY Duration Share Total Dispatchers $97,406.00 12 6mos. 100% $584,436.00
Comm Mgr!IT $164,048.00 1 12 mos. 43% $70,540.64
Radio Administrator * $108,667.00 1 12 mos. 40% $43,466.80 IT Analyst* $120,702.00 1 12 mos. 25% $30,175.50
IT Tech* $107,714.00 1 6mos. 10% $5,385.70
Total $734,004.64
552
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the above estimates. In the same vein, the Parties acknowledge that, for Year One (fiscal year 2019/20), the three positions noted with asterisks (Radio Administrator, IT Analyst, and IT Tech) will be charged on an hourly basis for hours actually worked and thus the amounts listed for those positions are for illustration only.
553
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EXHIBIT "B-2"
Annual Technology Costs Deferred Start Up Costs
Menifee Dispatching Services
Hardware and Software Costs by Year
08/05/2019
Summary
FY 20 - Year 2 Costs
CAD Workstation Inform CAD Software License Fees $ 20,000.00 CAD Mapping Inform CAD software License Fees $ 1,000.00 CAD NCIC/State Query Position Inform CAD Software License Fees $ 1,000.00 CAD Mobile Base with CJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00 CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00 CAD Mobile Server Software (C 101-250 Positions) Inform Mobile ImplementationServices $ 10,000.00 Inform RMS Inform RMS software License Fees $ 13,500.00 Inform RMS NCIC/State Software Inform RMS software License Fess $ 2,500.00 Annual Maintenance for new Software This cost reflects adding additional software licenses $ 15,776.32 Total Tritech/Central Square CAD/RMS Quoted Add-on only Cost $ 87,776.32
Inform CAD Business Analysis and Consultation Service 1-day Remote Project Management Costs $ 700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2- days Remote Project Management Costs $ 1,400.00
Project Management from Central Square
Crossroads Crash Software
Project Management Costs $ 6,250.00
Project Management Services Cost $ 8,350.00
Site License $ 9,800.00
Total Additonal Required Software $ 9,800.00
Crime view implementation professional services Based on adding Menifee to Mmurrieta's Crimeview dashboard and advanced analytics $ 14,875.00
Crimeview (Advanced reporting, Nearme, dashboard) Yearly Subscription 50% of Murrieta Yearly Subscription $ 8,137.50 Field Ops(mobile app to CAD) Implementation $ 1,400.00
Field Ops Yearly Subscription Cost Subscription per user $ 2,400.00 IQ Search Implementation Implementation $ 1,100.00
IQSearch Yearly Subscription Yearly Subscription $ 4,800.00 Project Management for CrimeView andField Ops Project Management Costs Total Optional Software Licensing and lmplentation Costs _$. 2,'-4_6_4_.o_o_
$ 35,176.50
Annual Maintenance for new Software This cost reflects adding additional software licenses $ 31,552.64 Annual Maintenance for Menifee Portion of Central Square This cost reflects Menifee's share of 36% of the existing annual Software maintenance $ 22,555.54
Duo Software (2FA) 2FA Software (Annually) $ 7,424.00
Endpoint Protection Carbonblack security software for dispatch computers $ 107.44 Vmware Licensing 50% share of the host licenses (3 hosts) $ 3,000.00 Software Renewals $ 64,639.62
Internet (Failover)
Internet (Primary)
Failover Internet Connection (Monthly)
Primary Internet Connection - Shared Cost (Monthly)
$ 10,788.00
$ 8,027.76
Internet Service Costs $ 18,815.76
Grand Total (does not include taxes) $ 224,558.20
NOTE:

Central Square aggreedagreed to payment terms of 50% at start and 50% at go-live Does not include the possible renewal increase of 3% for Central Square 554
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EXHIBIT "B-3"
Annual Technology Maintenance Costs
\1enifee Dispatching Services
Haraware and Software Costs by Year
08/05/2019
Summary
FY21 - costs
Software Renewals
-
$----- 65
-
53 --
62 -
Internet(Failover)
Internet {Primary)
Optional Software Renewals
-
$
--
15, 3 3
-
7 . 5
-
0 Faiiover Internet Connection (Monthly) $ 10,788.00
Primary Internet Connection- Shared Cost (Monthly) _$ 8 ,0_2_7_.7_6_ lmernet Service Costs $ 18,815.76
Grand Total_$,,..._99-,-69_2 88-
NOTE:

Does '10t incl:JC:e the possible etiewal ir.crease of 3% for Central SquarF Annual Maintenance for new Software This cost reflects maintenance fortheadditional software licenses $ 31,552.64 Annual Maintenar.ce for Menifee Portion of Central Square Software Th's cost reflects Meri!fee's share of 36% of the eKisting annual maintenance $ 22,555.54 Crossroads Annual Maintenance Crossroads Crash Software $ 900.00 Duo Software (2FA) 2FA Software (Annually) $ 7,424.00
Endpoint Protection Carbonb!ack security software for dispatch computers $ 107.44 Vmware Licensing 50%share of the host licenses (3 hosts) $ 3,000.00 Field Ops Yearly Subscription Cost Subscription per user 2,400.00 Crimeview (Advanced reporting, Nearme, dashboard) Yearly 50%of Murrieta Year!y Subscription Subscription 8,137.50
IQ Search Yearly Subscription Yearly Subscription 4,800.00 555
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EXHIBIT "C"
Start-Up Costs
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Start-Up Services5the following:

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

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

E. Payment Methodology.

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

Unless otherwise indicated, capitalized terms used in this Exhibit C have the meaning set forth in the agreement to which this Exhibit C is attached.
556
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EXHIBIT "C-1"
Equipment, Hardware, and Software
Menifee Dispatching Services
Hardware and Software Costs by Year
08/05/2019
Summary
FY19 - Year One Costs
CAD Workstation Inform CAD Software License Fees $ 20,000.00 CAD Mapping Inform CAD software License Fees $ 1,000.00 CAD NCIC/State Query Position Inform CAD Software License Fees $ 1,000.00 CAD Mobile Base with CJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00 CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00 CAD Mobile Server Software (C 101•250 Positions) Inform Mobile Implementation Services $ 10,000.00 Inform RMS Inform RMS software license Fees $ 13,500.00 Inform RMS NCIC/State Software Inform RMS software license Fess $ 2,500.00 Annual Maintenance for new Software This cost reflects adding additional software licenses $ 15,776.32 50% of Total Tritech/Central Square CAD/RMS Quoted Add-on only Cost $ 87,776.32
Inform CAD Business Analysis and Consultation Service 1·day Remote Project Maragement Costs $ 700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2· days Remote Project Management Costs $ 1,400.00
Project Management from Central Square Project Managemeet Costs $ 6,250.00 50% of Project Management Services Cost $ 8,350.00
Annual Maintenance for Menifee Portion of Central Square This cost reflects Menifee's share of 36% of the existing annual Software
Crossroads Crash Software
Property & Evidence Hardware
maintenance $ 22,555.54
Total Menifee Portion of Annual Maintenance $ 22,555.54 Site license• To Be Installed on June 1, 2020 w/ billdue 7/1/2020 $ Total Additional Required Software--,-$
Zebra and Topaz label printers, signature pads and scanners $ 5,889.77 Total P&E Hardware Costs $ 5,889.77
Duo Software {2FA) 2FA Software (Annually) $ 7,424.00
Endpoint Protection Carbonblack security software for dispatch computers $ 644.80 MS Core CAL
Client access license for Window machines for Dispatch computers $ 1,580.00 MS Office CAL Microsoft Office license for dispatch computers $ 1,536.00 Total Software Costs $ 11,184.80
Desktop Computer Dell 7060 SFF 5 Year Warranty Plus Tariff Increase for Dispatch plus extra video card $ 4,000.00
22" Monitor Dell P2117H for Dispatch (4 per computer) $ 3,232.00 Total Hardware Costs...$.._7_.2_3_2_.oo_
PCM·G Network Services Network services to configure and establish the network between Menifee and Murrieta $ 31,601.77
internet {Failover) Failover Internet Connection (Monthly) $ 899.00 internet (Primary) Primary Internet Connection· Shared Cost (Monthly) $ 668.98 Total Network Services Cost $ 33,169.7S
Grand Total (does not incldude taxes) $ 176,158.18
NOTE:

Central Square aggreedagreed to payment terms of 50% at start anoand 50%at go.live 557

Page 1 of 33 ends

Murrieta City CouncilAugust 20, 2024

Murrieta City Council
August 20, 2024