The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk Department at (951) 461-6031 or email at [email protected] at least 72 hours in advance. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.
Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk ’s department 72 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461-6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.
Lori Stone
Mayor
Cindy Warren Lisa DeForest Mayor Pro Tem Council Member Jon Levell Ron Holliday Council Member Council Member Justin Clifton, Acting City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk
MURRIETA CITY COUNCIL (CC)
MURRIETA COMMUNITY SERVICES DISTRICT (CSD)
MURRIETA FIRE DISTRICT (FD)
MURRIETA LIBRARY BOARD (LB)
MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)
MURRIETA HOUSING AUTHORITY (HA)
MURRIETA FINANCING AUTHORITY (FA)
YOU MAY VIEW THE MEETING LIVESTREAMED VIA THE CITY’S WEBSITE AT https://murrieta.legistar.com/Calendar.aspx
CITY OF MURRIETA
Council Chambers
1 Town Square
Murrieta 92562
Tuesday, October 15, 2024
4:30 PM CLOSED SESSION
6:00 PM REGULAR MEETING
1 City Council Meeting Agenda October 15, 2024
4:30 PM CLOSED SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS - CLOSED SESSION ITEMS ONLY
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CLOSED SESSION
CS1. Conference with Real Property Negotiator
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property, at the intersection of Kalmia and Jefferson, APN 906-080-041, 906-080-042, and 906-080-033 with Bold Communities and Fidelis Advisors. The City ’s real property negotiators, the City Manager, Assistant City Managers, Development Services Director, Economic Development Director, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.
CS2. Conference with Real Property Negotiator
Recommended Action: The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property, Town Square Park Amphitheater - 11 Town Square Park, Murrieta. The City ’s real property negotiators, the City Manager, Assistant City Manager, Director of Economic Development, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.
CS3. Conference with Legal Counsel - Existing Litigation The City Council will conduct a closed session with the City Manager, Assistant City Managers, the Administrative Services Director, and the City Attorney, pursuant to Government Code section 54956.95(b), to consider the following worker's compensation claim( s): Vargas v. City of Murrieta (WCAB Case No. ADJ 14881305, ADJ14881317, ADJ15744575).
CS4. Conference with Legal Counsel-Anticipated Litigation Initiation of litigation pursuant to paragraph ( 4) of subdivision ( d) of Section 54956.9:
One potential case.
CS5. Public Employee Appointment
The City Council will conduct a closed session, pursuant to Government Code section 54957(b), to continue the process for the future appointment of an employee to the position of City Manager.
2 City Council Meeting Agenda October 15, 2024
RECESS TO CLOSED SESSION
6:00 PM REGULAR MEETING
CALL TO ORDER
ANNOUNCEMENT OF CLOSED SESSION ACTION
ROLL CALL
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
Proclamation: Family Court Awareness Month
APPROVAL OF AGENDA
CITY MANAGER - ADMINISTRATIVE UPDATE
City Manager Administrative Updates is the opportunity for the City Manager to provide community updates, as well as Department or Commission announcements on current or upcoming projects.
• Engineering Update: Bob Moehling, Public Works Director • Presentation of City Ambassadors: Isaac Bravo, Management Analyst • Community Update: Cristina Davies, Public Information Officer CITY MANAGER - ADMINISTRATIVE UPDATE - Received After Agenda Printed
GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS Governing Body CCB Reports is the opportunity for the City Council to provide a brief report on conferences, seminars, and Commission, Committees, and /or Boards meeting attendance.
Reports shall not exceed three minutes. The City Clerk will use the computerized timer.
GOVERNING BODY REPORTS - Received After Agenda Printed
PUBLIC COMMENTS (NON-AGENDA)
At this time any person may address the governing bodies on any subject pertaining to City business, which does not relate to any item listed on the printed agenda. Normally no action may be considered or taken by the governing bodies on any matter not listed on the agenda .
Each speaker will be limited to three minutes.
3 City Council Meeting Agenda October 15, 2024
CONSENT CALENDAR - APPROVAL OF ITEMS 1 – 10
All matters listed on the Consent Calendar are to be considered routine by the governing bodies, and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the governing body votes on the motion to adopt, specific items are removed from the Consent Calendar for separate motions.
1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only Recommended Action:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. Minutes
Recommended Action:
Approve the minutes of the October 1, 2024 Regular City Council Meeting.
3. Monthly Investment Transaction Report for August 2024 Recommended Action:
Receive and file the Monthly Investment Transaction Report for August 2024.
4. Second Reading of Ordinance No. 611-24 Amending City Council Compensation Recommended Action:
Conduct the second reading and adopt Ordinance No. 611 -24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending the Compensation of the City Council.
5. Second Reading: Repealing Surplus Language in Chapter 2 (City Manager) of the Murrieta Municipal Code
Recommended Action:
Conduct the second reading and adopt Ordinance No. 612 -24 entitled: An Ordinance of the City Council of the City of Murrieta, California, to Repeal Murrieta Municipal Code Sections
2.08.090-2.08.130 and 2.08.150 -2.08.170 which Set Forth Regulations for the City’s Relationship with the City Manager.
6. Holiday Lights and Décor - City Hall and Town Square Park Amphitheater Recommended Action:
Approve the agreements with Polar Bear Lighting not -to-exceed the amount of $38,680.50 and an agreement with CLIPA, LLC in the amount of $70,112.57 for the expansion of holiday lighting and décor at City Hall, Town Square Park Amphitheater, and Historic Downtown Murrieta; and
Authorize the City Manager to execute the agreements.
4 City Council Meeting Agenda October 15, 2024
7. Notice of Completion - Tot Lot Phase 2 Improvements
Recommended Action:
Accept the public improvements for the Tot Lot Phase 2 Improvements Project, Capital Improvement Project Nos. 22029, 22030, 22031, 22032, 22040, as complete; and Authorize the City Clerk to record a Notice of Completion and release bonds in accordance with State law and City ordinances.
8. Adoption of an Ordinance of the City Council of the City of Murrieta, California, Amending Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, and
16.110, and Amending Titles 1, 8, and 10 of the Murrieta Municipal Code to Revise Chapters 1.26, 8.28, and 10.44
Recommended Action:
Conduct the Second Reading and adopt Ordinance No. 610 -24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Development Code to Revise Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, and
16.110, and Amending Titles 1, 8, and 10 of the Murrieta Municipal Code to Revise Chapters
1.26, 8.28, and 10.44.
9. Annual Renewal with Tyler Technologies, Inc. for the EnerGov Land Management System Software
Recommended Action:
Approve the Annual Renewal with Tyler Technologies for the EnerGov Land Management System Software for the period January 1, 2025, to December 31, 2025; and Adopt Resolution No. 24-4789, entitled: A Resolution of the City Council of the City of Murrieta, California, Authorizing the Expenditure of Funds Related to Annual Renewal Costs of the Agreement for Land Management System Software with Tyler Technologies, Inc.
10. Cooperative Agreement 08-1789 with Caltrans for the Interstate 215/Keller Road Interchange
Recommended Action:
Adopt Resolution No. 24-4790, entitled: A Resolution of the City Council of the City of Murrieta Approving a Cooperative Agreement with the State of California, Acting by and Through its Department of Transportation (Caltrans), for the Plans, Specifications, and Estimates and Right of Way Work Necessary to Construct a New Full Interchange and Auxiliary Lanes at Interstate 215 and Keller Road (District Agreement No. 08-1789).
PULLED CONSENT CALENDAR ITEMS
DISCUSSION
5 City Council Meeting Agenda October 15, 2024
11. Construction Contract Amphitheater Parking Lot & Entryway Monument Project Recommended Action:
Award the construction contract for the Town Square Park Amphitheater Parking Lot and Entryway Monument Project, Capital Improvement Project 10041, to the lowest responsible bidder, DeArk E&C, Inc., in the amount of $2,345,755.00, plus a 15% contingency; Amend the Fiscal Year 2024/25 Operating Budget and Capital Improvement Plan Budget to provide an additional budget appropriation for Capital Improvement Project 10041; and Authorize the Mayor to execute the agreement.
12. Rules of Procedures
Recommended Action:
Discuss and adopt Resolution No. 24-4791 entitled: A Resolution of the City Council of the City of Murrieta, California, Amending Rules of Procedure for City Council Meetings and Related Functions and Activities; OR
Consider and take such action, if any, as the City Council deems appropriate.
GOVERNING BODY ANNOUNCEMENTS
Governing Body Announcements is the opportunity for the City Council to provide miscellaneous reports and announcements. Announcements shall not exceed two minutes .
The City Clerk will use the computerized timer.
GOVERNING BODY ANNOUNCEMENTS - Received After Agenda Printed
COUNCIL MEMBER REQUESTS TO ADD OR WITHDRAW ITEMS TO FUTURE AGENDAS
ADJOURNMENT
6 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. CS1.
Subject:
Conference with Real Property Negotiator
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property, at the intersection of Kalmia and Jefferson, APN 906-080-041, 906-080-042, and 906-080-033 with Bold Communities and Fidelis Advisors. The City’s real property negotiators, the City Manager, Assistant City Managers, Development Services Director, Economic Development Director, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.
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7 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. CS2.
Subject:
Conference with Real Property Negotiator
Recommended Action: The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property, Town Square Park Amphitheater - 11 Town Square Park, Murrieta. The City’s real property negotiators, the City Manager, Assistant City Manager, Director of Economic Development, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.
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8 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. CS3.
Subject:
Conference with Legal Counsel - Existing Litigation
The City Council will conduct a closed session with the City Manager, Assistant City Managers, the Administrative Services Director, and the City Attorney, pursuant to Government Code section 54956.95(b), to consider the following worker's compensation claim(s): Vargas v. City of Murrieta (WCAB Case No. ADJ14881305, ADJ14881317, ADJ15744575).
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9 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. CS4.
Subject:
Conference with Legal Counsel-Anticipated Litigation
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: One potential case.
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10 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. CS5.
Subject:
Public Employee Appointment
The City Council will conduct a closed session, pursuant to Government Code section 54957(b), to continue the process for the future appointment of an employee to the position of City Manager.
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11 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No.
Subject:
Proclamation: Family Court Awareness Month
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12 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No.
Subject:
CITY MANAGER - ADMINISTRATIVE UPDATE - Received After Agenda Printed CITY OF MURRIETA Printed on 12/2/2024Page 1 of 1
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13 Government Finance Officer
Association (GFOA) Award
Javier Carcamo, Director of Finance
October 15, 2024, City Council Meeting, City
Manager Administrative Update
Received After Agenda Printed
10/15/2024 - Regular Meeting
CITY MANAGER - ADMINISTRATIVE UPDATE
Presentation
14 Government Finance Officer
Association
• Founded in 1906
• 20,000 Members
• Provides training and best
practices for government
financial reporting
• Operates Awards Programs
to recognize excellence in
fields of financial reporting
15 Government Finance Officer Association
• GFOA Award Programs
• Certificate of Achievement
for Excellence in Financial
Reporting Program (COA) –
Est. 1945
• Distinguished Budget
Presentation Awards Program
(Budget Awards Program) –
Est. 1948
• Popular Annual Financial
Reporting Awards Program
(PAFR Program) – Est. 1991
16 Certificate of Achievement for Excellence in
Financial Reporting Program (COA)
• To receive, the financial statements
must demonstrate the implementation
of best practices in financial reporting
• Must complete a 48-page checklist of
requirements
• The report must have a proficient
grading category on all 19 sections of
the report.
17 Certificate of Achievement for Excellence in
Financial Reporting Program (COA)
• GFOA's Certificate of
Achievement for
Excellence in
Financial Reporting
for FY 2022/23 ACFR
• The City of Murrieta
has received the
award for 26 years!
18 What is going on i n
Murri
eta?
Cristina Davies, Public Information Officer
October 15, 2024
Received After Agenda Printed
10/15/2024 - Regular Meeting
CITY MANAGER - ADMINISTRATIVE UPDATE
Presentation
19 2
Events
Murrieta Market Nights
• Date: October 17
• Time: 5 -9 p.m.
• Location: Washington Ave. in Downtown
Coffee with the City – Economic Development
• Date: Tuesday, October 22
• Time: 8:30 – 9:30 a.m.
• Location: 26442 Beckman Court, Murrieta, CA,
United States, California
20 21
22 5
Stay Connected
MurrietaCa.Gov/Connect
23 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No.
Subject:
GOVERNING BODY REPORTS - Received After Agenda Printed
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24 MURRIETA CITY COUNCIL
Governing Body Reports:
Council Member Holliday
October 15, 2024
Received After Agenda Printed
10/15/2024 - Regular Meeting
GOVERNING BODY REPORTS
Presentation
25 Governing Body Reports:
Council Member Holliday
[email protected]
September 24, 2024 Attended the Murrieta Santa Stops Meeting.
September 24, 2024 Attended the Code Enforcement Policy Ad-Hoc Subcommittee Meeting.
October 7, 2024 Regional Conservation Authority (RCA)*
• So far in 2024, RCA has conserved 16 parcels totaling 2,047 acres. *Per FPPC Regulation, appointed positions may receive compensation – AB 1234 26 Governing Body Reports:
Council Member Holliday
[email protected]
October 7, 2024 Western Regional Council of Governments (WRCOG)* • WRCOG sends unclaimed Home Energy Renovation Opportunity (HERO) program refunds to the state if the funds are unclaimed over 3 years. • For 2024 they sent over $1,056,324, $44.114 from 33 residents in Murrieta. • You can go to www.claimit.ca.gov to search under your name and address to see if you are owed money.
October 8, 2024 Attended the Murrieta Santa Stops Meeting. *Per FPPC Regulation, appointed positions may receive compensation – AB 1234 27 Governing Body Reports:
Council Member Holliday
[email protected]
October 11, 2024 Attended the Regional Conservation Authority’s 20th Anniversary celebration at Hidden Valley Wildlife Area.*
*Per FPPC Regulation, appointed positions may receive compensation – AB 1234 28
MURRIETA CITY COUNCIL
Governing Body Reports:
Mayor Stone
October 15, 2024
Received After Agenda Printed
10/15/2024 - Regular Meeting
GOVERNING BODY REPORTS
Presentation
29 Governing Body Reports:
Mayor Stone
[email protected]
September 24, 2024 Attended the Code Enforcement Policy Ad-Hoc Subcommittee Meeting.
September 25, 2024 Attended the Southwest Riverside County Elected Leaders Collaborative Meeting. 30 MURRIETA CITY COUNCIL
Governing Body Reports
Mayor Pro Tem Warren
October 15, 2024
Received After Agenda Printed
10/15/2024 - Regular Meeting
GOVERNING BODY REPORTS
Presentation
31 Governing Body Reports
Mayor Pro Tem Warren
[email protected]
October 9, 2024 Attended the Riverside County Transportation Commission (RCTC) Committee Meeting.* • Unanimously passed resolutions to acquire property for the Mid County Parkway Ramona Expressway Construction Project.
• Unanimously passed resolutions to acquire property for State Route 60/Potrero Blvd Interchange Phase II Project in the City of Beaumont.
• 26-0-1 Vote passing the prepayment of the 2017 USDepartment of Transportation 2017 Transportation Infrastructure Finance and Innovation Act (TIFIA) loan for the I-15 Express Project. This allows RCTC full local control of the project. • RCTC I-15 Express Lanes Project Southern Extension - Draft Environmental Document Public Review and Comment Period, Oct. 9 - Nov 26, 2024.
The public review and comment period is from October 9 to November 26, 2024. The public notice and project information can be viewed on the project webpage at:
rctc.org/15ProjectSouth.
*Per FPPC Regulation, appointed positions may receive compensation – AB 1234 32
CITY OF MURRIETA
City Council Meeting Agenda
Report
12/3/2024
Agenda Item No. 1.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only
RECOMMENDATION
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
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33 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 2.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
Minutes
RECOMMENDATION
Approve the minutes of the October 1, 2024 Regular City Council Meeting.
ATTACHMENTS
1. October 1, 2024 Minutes
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34 Meeting Minutes
City Council October 1, 2024
CITY OF MURRIETA Tuesday, October 1, 2024
Council Chambers 4:00 PM CLOSED SESSION
1 Town Square 6:00 PM REGULAR SESSION
Murrieta 92562 MINUTES
The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk Department at (951) 461-6031 or email at [email protected] at least 72 hours in advance. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.
Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk’s department 72 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461-6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours. *** The October 1, 2024 Regular Meeting agenda has been amended to update the start of Closed Session to 4 PM and add an additional case to Item No. CS4. *** Lori Stone
Mayor
Cindy Warren Lisa DeForest Mayor Pro Tem Council Member Jon Levell Ron Holliday Council Member Council Member Kim Summers, City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk
MURRIETA CITY COUNCIL (CC)
MURRIETA COMMUNITY SERVICES DISTRICT (CSD)
MURRIETA FIRE DISTRICT (FD)
MURRIETA LIBRARY BOARD (LB)
MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)
MURRIETA HOUSING AUTHORITY (HA)
MURRIETA FINANCING AUTHORITY (FA)
YOU MAY VIEW THE MEETING LIVESTREAMED VIA THE CITY’S WEBSITE AT https://murrieta.legistar.com/Calendar.aspx
35 Meeting Minutes
City Council October 1, 2024
4:00 PM CLOSED SESSION
CALL TO ORDER 4:00 p.m.
ROLL CALL
Present: Council Member Lisa DeForest
Council Member Jon Levell
Council Member Ron Holliday
Mayor Pro Tem Cindy Warren
Mayor Lori Stone
Absent: None
PUBLIC COMMENTS - CLOSED SESSION ITEMS ONLY None.
CLOSED SESSION
City Clerk Cristal McDonald announced the following Closed Session items:
CS1. Real Property Negotiations
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property, at the intersection of Kalmia and Jefferson, APN 906-080-041, 906-080-042, and 906-080-033 with Bold Communities and Fidelis Advisors. The City’s real property negotiators, the City Manager, Assistant City Managers, Development Services Director, Economic Development Director, and City Attorney, will seek direction from the City Council regarding the price and terms for this property.
CS2. Real Property Negotiations
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property located at the Northwest Corner of Linnel Lane and Whitewood Road, Murrieta, Riverside County, CA, APN: 392-290-048 with KNE Real Estate. The City’s real property negotiators, the City Manager, the Assistant City Manager, Economic Development Director and the City Attorney will seek direction from the City Council regarding the price and terms of this property.
CS3. Real Property Negotiations
The City Council will conduct a closed session, pursuant to Government Code section 54956.8, to enable the City Council to consider negotiations and to give direction to its negotiators regarding that certain real property located in Murrieta, Riverside County, CA, APN: 916-380-011. The City’s real property negotiators, the City Manager, the Assistant City Manager, Economic Development Director and the City Attorney will seek direction from the City Council regarding the price and terms of this property. 36 Meeting Minutes
City Council October 1, 2024
CS4. Conference with Legal Counsel - Anticipated Litigation The City Council will conduct a closed session, pursuant to Government Code section 54956.9(d)(2), because there is a significant exposure to litigation in two cases.
CS5. Public Employee Appointment
The City Council will conduct a closed session, pursuant to Government Code section 54957(b), to continue the process for the future appointment of an employee to the position of City Manager.
RECESS TO CLOSED SESSION 4:03 p.m.
6:00 PM REGULAR MEETING
CALL TO ORDER 6:02 p.m.
ANNOUNCEMENT OF CLOSED SESSION ACTION
City Attorney Tiffany Israel: No reportable action on Closed Session Item Nos. CS1-CS4.
PLEDGE OF ALLEGIANCE Council Member Jon Levell
INVOCATION Council Member Ron Holliday
PRESENTATIONS
Proclamation: Domestic Violence Awareness Month
Proclamation: Breast Cancer Awareness Month
ROLL CALL
Present: Council Member Lisa DeForest
Council Member Jon Levell
Council Member Ron Holliday
Mayor Pro Tem Cindy Warren
Mayor Lori Stone
Absent: None
APPROVAL OF AGENDA
Action: It was moved by Mayor Pro Tem Warren, seconded by Council Member DeForest to approve the Agenda for October 1, 2024.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
Absent: None
37 Meeting Minutes
City Council October 1, 2024
CITY MANAGER - ADMINISTRATIVE UPDATE
City Manager Administrative Updates is the opportunity for the City Manager to provide community updates, as well as Department or Commission announcements on current or upcoming projects.
• Library Update: Agnes Rita, Supervising Librarian
• General Municipal Election Update: Cristal McDonald, City Clerk • Community Update: Cristina Davies, Public Information Officer
GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS Council Member DeForest: Provided attendance/reported the following:
Riverside County Habitat Conservation Agency Meeting
(RCHCA)
Mayor Pro Tem Warren: Provided attendance/reported the following:
Riverside County Transportation Commission Board (RCTC) Southwest Elected Leaders Collaborative
Riverside Transit Agency (RTA)
Mayor Stone: Provided verbal attendance/reported the following:
Southwest Elected Leaders Collaborative
PUBLIC COMMENTS (NON-AGENDA)
Cynthia Davis: Spoke on fire mitigation concerns over the Bear Creek neighborhood.
Connie McConnel: Spoke on concerns over proposed placement of school and City Council representation.
Paul Diffley: Invited the City Council and residents to participate in the Murrieta Valley Unified School District Board of Education workshops.
CONSENT CALENDAR - APPROVAL OF ITEMS 1 – 13
Public Comments:
Kassen Klein: Spoke on Item No. 4; inquiring about the placement of the item on the agenda and voiced concerns over transparency.
Action: It was moved by Council Member Holliday, seconded by Council Member DeForest to approve Consent Calendar Item Nos.1-13.
The motion carried by the following vote:
Ayes: DeForest, Levell, Holliday, Warren, Stone
Noes: None
Absent: None
38 Meeting Minutes
City Council October 1, 2024
1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only Recommended Action:
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. Minutes
Recommended Action:
Approve the minutes of the July 31, 2024 Special Workshop, September 10, 2024 Special City Council meeting, and September 17, 2024 Regular City Council meeting.
3. Check Register August 2024
Recommended Action:
Adopt Resolution No. 24-4787 entitled: A Resolution of the City Council of The City of Murrieta, California, Ratifying the Check Register for the Month of August 2024 in the amount of $10,078,917.49 (Check Numbers 160874-161383).
4. First Reading of Ordinance No. 611-24 Amending City Council Compensation Recommended Action:
Conduct the first reading of Ordinance No. 611-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending the Compensation of the City Council.
5. Recap of July 31, 2024, City Council Priority Setting Workshop Recommended Action:
Receive and file.
6. Repealing Surplus Language in Chapter 2 (City Manager) of the Murrieta Municipal Code
Recommended Action:
Adopt Ordinance No. 612-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, to Repeal Murrieta Municipal Code Sections 2.08.090-2.08.130 and
2.08.150-2.08.170 which Set Forth Regulations for the City’s Relationship with the City Manager.
7. Change Order for Construction Management Services for Sykes Ranch Park Improvements
Recommended Action:
Approve a change order to Purchase Order P03083 with Anser Advisory Management LLC in the amount of $14,753, for Construction Management Services for CIP 22010, Sykes Ranch Park improvements; and
Approve a reallocation of funds from CIP 22011 to CIP 22010 necessary to fund the remaining expenses for this project.
39 Meeting Minutes
City Council October 1, 2024
8. Change Order for Construction Management Services for Tot Lot Improvements Phase 2
Recommended Action:
Approve a change order to Purchase Order P03688 with Anser Advisory Management LLC, in the amount of $20,000, for Construction Management Services related to the Tot Lot Improvements Project Phase 2; and
Approve an additional budgetary appropriation for Capital Improvement Projects 22029, 22030, and 22040.
9. Pickleball Courts Design Services Change Order
Recommended Action:
Approve a change order for Purchase Order P04153 to NV5, Inc., for pickleball court design services at Alderwood Park for $65,615, plus a 10% contingency of the total purchase order amount.
10. Agreement with the California Conservation Corps for As-Needed Defensible Space Clearing on City Properties
Recommended Action:
Approve an agreement with the California Conservation Corps for as-needed defensible space clearing on City properties; and
Authorize the City Manager to execute the agreement.
11. City of Murrieta Local Hazard Mitigation Plan Annex Recommended Action:
Adopt Resolution No. 24-4788 entitled: A Resolution of the City Council of the City of Murrieta, California, Adopting the 2023 City of Murrieta Local Hazard Mitigation Plan Annex to the Riverside County Operational Area Multi-Jurisdictional Hazard Mitigation Plan.
12. Fiscal Year 2023 Fire Prevention & Safety Grant Award Recommended Action:
Authorize the City Manager to accept the Fiscal Year 2023 Fire Prevention & Safety Grant award; and
Authorize the City Manager to amend the Fiscal Year 2024/25 Operating Budget to allocate and appropriate the grant funds for $462,990.47.
13. Acceptance of Public Improvements in Tract Map 28532-4 Recommended Action:
Accept the Public Improvements in Tract Map 28532-4 located north of Baxter Road and west of Menifee Road; and
Direct the Department of Public Works to perform continued maintenance of the aforementioned public improvements in conformance with the City of Murrieta’s maintenance standard.
40 Meeting Minutes
City Council October 1, 2024
DISCUSSION
14. All-Way Stop at Jackson Avenue and Magellan Street Intersection Staff report and PowerPoint presentation provided by City Engineer Jeff Hitch and City Traffic Engineer Brian Stephenson. Public Works Director Bob Moehling was available to answer questions from the City Council.
Public Comments:
Kassen Klein: Spoke on tree growth impairing visibility and other possible sightline issues.
Olivier Malabanan: Voiced concerns over the possible impact of the stop signs during rush hour.
Action: It was moved by Council Member Holliday and seconded by Mayor Stone to proceed with Option 2 referenced in the agenda report and PowerPoint to remove all vegetation from the sight distance corridor with the following additions:
Installation of “Keep Clear” signage in the area;
Direction to staff to meet with the homeowners association regarding the line of sight vegetation; and
Revisit the item at a future meeting to reevaluate the line of sight.
The motion carried by the following vote:
Ayes: DeForest, Holliday, Stone
Noes: Levell, Warren
Absent: None
GOVERNING BODY ANNOUNCEMENTS
Council Member Levell provided a verbal announcement; Council Member DeForest and Mayor Pro Tem Warren provided their Governing Body Announcements to be made part of the City’s record. Council Member Holliday and Mayor Stone deferred their Governing Body Announcements.
COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS
Council Member Levell: Withdrew his request made during the June 4, 2024 Regular meeting to add a discussion on the purpose and benefits of CalCities.
Mayor Stone: Withdrew her request made during the October 1, 2024 Regular meeting to add a discussion on religious hate crimes.
ADJOURNMENT 8:04 PM
___________________________
Cristal McDonald, City Clerk
41 CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 3.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Jennifer Terry, Finance Manager
SUBJECT:
Monthly Investment Transaction Report for August 2024
RECOMMENDATION
Receive and file the Monthly Investment Transaction Report for August 2024.
PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
This report is filed with the City Council in compliance with Government Code Section 53607, which states that a monthly report of transactions related to the purchase, sale, or exchange of securities is made monthly to the legislative body. The City of Murrieta (City) has both long-term and short-term investments. The City’s managed investment portfolio is for longer-term investments, managed by Chandler Asset Management. The Local Agency Investment Fund (LAIF), managed by the California State Treasurer, is used for short-term investments and functions more like a savings account to facilitate cash flow.
This report includes funds under management from Chandler Asset Management, funds deposited with LAIF, and earnings from the Wells Fargo Cash Sweep Program. Bond funds held by the City’sTrustee are not included in this report but are on file and available upon request.
The transactions in the long-term investment portfolio for August 2024 include dispositions of $5,033,593.23 in cash, payables, receivables, maturities, and sales, which also includes a withdrawal for bank fees.
Subsequently, these proceeds, together with the dispositions and monthly interest earnings, were reinvested in security and money market fund purchases totaling $5,385,751.49.
The California State Treasurer allocates and reinvests LAIF interest earnings on a quarterly basis. Quarterly CITY OF MURRIETA Printed on 10/10/2024Page 1 of 2
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42 10/15/2024
Agenda Item No. 3.
The California State Treasurer allocates and reinvests LAIF interest earnings on a quarterly basis. Quarterly interest earnings are reflected in the statement one month following the end of the quarter This account's last interest earnings deposit was in July 2024, for the prior quarter. There are no LAIF transactions to report for the month of August.
As of August 31, 2024, the City’sTotal Ending Book Value (or what the City actually paid for the investments) for both investment accounts (long and short-term accounts) is $148,408,231.63. Both accounts combined had an overall increase of $357,282.11 or 0.24%, which includes any deposits, dispositions, applicable interest earning, and less any realized gain/loss or monthly fees charged to the account.
The City is also earning monthly dividends in the General Checking account. The Wells Fargo “CashSweep Program” allows the City to earn a return on uninvested cash balances in our General Checking Account by automatically "sweeping" cash balances into a Sweep investment vehicle until such balances are otherwise needed to satisfy obligations arising in the account.
The total earnings from the Cash Sweep Program for the month of August were $522,102.70.
Attached are the investment portfolio accounts for Chandler for the month of August (Attachment 1) and the regular monthly statement for LAIF (Attachment 2), which lists all transactions associated with the respective accounts. In addition, Attachment 3 provides a summary of daily transactions for the Wells Fargo Cash Sweep Program.
This report also includes a statement of compliance with state law and the City’sinvestment policy for the various investment categories.
FISCAL IMPACT
The recommended action has no fiscal impact. Interest earnings projections are included in the Fiscal Year 2024/25 Operating Budget.
ATTACHMENTS
1. Chandler Asset Management Monthly Account Statement for August 2024
2. Local Agency Investment Fund (LAIF) August 2024
3. Wells Fargo Cash Sweep Program August 2024 Statement CITY OF MURRIETA Printed on 10/10/2024Page 2 of 2
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43 MONTHLY ACCOUNT STATEMENT
Murrieta Consolidated | Account | As of August 31, 2024 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.
CHANDLER ASSET MANAGEMENT | chandlerasset.com
Chandler Team: Custodian:
US Bank
44 | 2
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Average Modified Duration 1.64
Average Coupon 3.05%
Average Purchase YTM 3.85%
Average Market YTM 4.37%
Average Quality AA+
Average Final Maturity 1.87
Average Life 1.69
Beg. Values as of
08/01/2024
End Values as of
08/31/2024
Market Value 146,538,319.10 147,778,149.92
Accrued Interest 1,035,292.64 1,057,946.27
Total Market Value 147,573,611.74 148,836,096.19
Income Earned 443,672.23 327,098.75
Cont/WD 0.00 0.00
Par 148,682,887.17 149,148,075.92
Book Value 146,118,717.52 146,475,999.63
Cost Value 146,118,717.52 146,475,999.63
United States 37.41%
Federal Home Loan Banks 11.12%
Farm Credit System 8.72%
FHLMC 7.30%
Toyota Motor Corporation 2.01%
Mitsubishi UFJ Financial Group, Inc. 1.78%
Royal Bank of Canada 1.52%
Coöperatieve Rabobank U.A. 1.35%
*See Footnote
The credit quality is a weighted average calculation of the highest of S&P , Moody’s’ and Fitch 45 | 3
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV) 20.0 7.3 Compliant
Max % Issuer (MV) 30.0 7.3 Compliant
Max Maturity (Years) 5.0 4.4 Compliant
ASSET-BACKED SECURITIES (ABS)
Max % (MV) 20.0 5.9 Compliant
Max % Issuer (MV) 5.0 1.0 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
BANKERS' ACCEPTANCES
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant
CERTIFICATE OF DEPOSIT PLACEMENT SERVICE (CDARS)
Max % (MV) 30.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
COLLATERALIZED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant
COMMERCIAL PAPER
Max % (MV) 40.0 3.1 Compliant
Max % Issuer (MV) 5.0 1.8 Compliant
Max Maturity (Days) 270 185 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant
CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 23.4 Compliant
Max % Issuer (MV) 5.0 1.5 Compliant
Max Maturity (Years) 5 3 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE CD/
TD)
46 | 4
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Max % (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
FEDERAL AGENCIES
Max % (MV) 100.0 19.9 Compliant
Max % Issuer (MV) 30.0 11.2 Compliant
Max Callables (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 4 Compliant
LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant
MONEY MARKET MUTUAL FUNDS
Max % (MV) 20.0 0.3 Compliant
Max % Issuer (MV) 10.0 0.3 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant
MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant
MUTUAL FUNDS
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 10.0 0.0 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant
NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 1.4 Compliant
Max % Issuer (MV) 5.0 1.4 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1 if > FDIC Limit) 0.0 0.0 Compliant
REPURCHASE AGREEMENTS
Max % (MV) 20.0 0.0 Compliant
Max Maturity (Years) 1.0 0.0 Compliant
SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 1.4 Compliant
Max % Issuer (MV) 10.0 1.1 Compliant
Max Maturity (Years) 5 3 Compliant
47 | 5
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
STATEMENT OF COMPLIANCE
Rules Name Limit Actual Compliance
Status Notes
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 37.3 Compliant
Max Maturity (Years) 5 4 Compliant
48 | 6
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
RECONCILIATION SUMMARY
Accrual Activity Summary
Fair Market Activity Summary
Month to Date Fiscal Year to Date
(01/01/2024)
Beginning Book Value 146,118,717.52 143,961,028.08
Maturities/Calls (2,245,000.00) (38,565,000.00)
Principal Paydowns (229,062.46) (2,282,482.20)
Purchases 5,385,751.49 77,355,021.13
Sales (2,608,243.91) (33,997,415.01)
Change in Cash, Payables, Receivables 48,713.14 (22,889.51) Amortization/Accretion 0.00 0.00
Realized Gain (Loss) 5,123.85 27,737.14
Ending Book Value 146,475,999.63 146,475,999.63
Month to Date Fiscal Year to Date
(01/01/2024)
Beginning Market Value 146,538,319.10 142,893,927.50
Maturities/Calls (2,245,000.00) (38,565,000.00)
Principal Paydowns (229,062.46) (2,282,482.20)
Purchases 5,385,751.49 77,355,021.13
Sales (2,608,243.91) (33,997,415.01)
Change in Cash, Payables, Receivables 48,713.14 (22,889.51) Amortization/Accretion 0.00 0.00
Change in Net Unrealized Gain (Loss) 882,548.71 2,369,250.88 Realized Gain (Loss) 5,123.85 27,737.14
Ending Market Value 147,778,149.92 147,778,149.92
Maturities / Calls
Month to Date (2,245,000.00)
Fiscal Year to Date (38,565,000.00)
Principal Paydowns
Month to Date (229,062.46)
Fiscal Year to Date (2,282,482.20)
Purchases
Month to Date 5,385,751.49
Fiscal Year to Date 77,355,021.13
Sales
Month to Date (2,608,243.91)
Fiscal Year to Date (33,997,415.01)
Interest Received
Month to Date 307,719.50
Fiscal Year to Date 2,618,968.29
Purchased / Sold Interest
Month to Date (3,274.38)
Fiscal Year to Date (105,271.37)
49 | 7
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
47788UAC6 JDOT 2021 A3 0.36 09/15/2025 12,361.09 03/02/2021
0.36%
12,358.71
12,358.71
99.79 5.67%
12,334.92
1.98 0.01%
(23.79)
Aaa/NA
AAA
1.04 0.04
05593AAC3 BMWLT 2023-1 A3 5.16
11/25/2025 106,228.70 02/07/2023
5.16%
106,226.17
106,226.17
99.97 5.31%
106,199.12
91.36 0.07%
(27.05)
Aaa/AAA
NA
1.24 0.29
44934KAC8 HART 2021-B A3 0.38
01/15/2026 86,142.99 07/20/2021
0.38%
86,123.97
86,123.97
99.49 5.73%
85,707.79
14.55 0.06%
(416.18)
NA/AAA
AAA
1.38 0.09
43815GAC3 HAROT 2021-4 A3 0.88
01/21/2026 103,440.47 11/16/2021
0.89%
103,418.67
103,418.67
98.39 5.78%
101,776.38
25.29 0.07%
(1,642.28)
Aaa/NA
AAA
1.39 0.33
47789QAC4 JDOT 2021-B A3 0.52
03/16/2026 98,489.47 07/13/2021
0.52%
98,480.68
98,480.68
98.48 5.91%
96,997.16
22.76 0.07%
(1,483.52)
Aaa/NA
AAA
1.54 0.28
43815PAC3 HAROT 2022-2 A3 3.73
07/20/2026 278,364.41 08/15/2022
3.73%
278,347.82
278,347.82
99.20 5.26%
276,148.10
374.94
0.19%
(2,199.72)
NA/AAA
AAA
1.88 0.53
05602RAD3 BMWOT 2022-A A3 3.21
08/25/2026 181,575.51 05/10/2022
3.21%
181,566.07
181,566.07
99.07 5.22%
179,880.87
97.14 0.12%
(1,685.20)
Aaa/AAA
NA
1.98 0.47
47787JAC2 JDOT 2022 A3 0.36 09/15/2026 190,402.07 03/10/2022
2.33%
190,359.96
190,359.96
98.55 5.69%
187,635.09
196.33
0.13%
(2,724.86)
Aaa/NA
AAA
2.04 0.43
362554AC1 GMCAR 2021-4 A3 0.68
09/16/2026 91,381.98 10/13/2021
0.68%
91,379.65
91,379.65
98.17 5.56%
89,710.98
25.89 0.06%
(1,668.67)
Aaa/AAA
NA
2.04 0.37
380146AC4 GMCAR 2022-1 A3 1.26
11/16/2026 95,399.00 01/11/2022
1.26%
95,390.71
95,390.71
98.31 5.33%
93,785.70
50.08 0.06%
(1,605.01)
NA/AAA
AAA
2.21 0.41
379929AD4 GMALT 2023-3 A3 5.38
11/20/2026 280,000.00 08/08/2023
5.38%
279,966.43
279,966.43
100.53
4.87%
281,497.58
460.29
0.19%
1,531.15
NA/AAA
AAA
2.22 0.93
36269FAD8 GMALT 2024-1 A3 5.09
03/22/2027 455,000.00 02/08/2024
5.09%
454,943.13
454,943.13
100.57
4.74%
457,579.58
707.65
0.31%
2,636.45
NA/AAA
AAA
2.56 1.39
05611UAD5 BMWLT 2024-1 A3 4.98
03/25/2027 1,000,000.00 06/20/2024
5.19%
994,687.50
994,687.50
100.54
4.66%
1,005,437.20
830.00
0.68%
10,749.70
Aaa/AAA
NA
2.56 1.46
36265WAD5 GMCAR 2022-3 A3 3.64
04/16/2027 269,126.25 07/06/2022
3.64%
269,124.39
269,124.39
99.13 5.21%
266,789.94
408.17
0.18%
(2,334.45)
Aaa/NA
AAA
2.62 0.56
02582JJT8 AMXCA 2022-2 A 05/17/2027 905,000.00 05/17/2022
3.40%
904,799.81
904,799.81
98.89 5.07%
894,919.48
1,363.53
0.61%
(9,880.33)
NA/AAA
AAA
0.70 0.67
58770JAD6 MBALT 2024-A A3 5.32
01/18/2028 350,000.00 05/17/2024
5.32%
349,959.05
349,959.05
101.80
4.46%
356,304.45
827.56
0.24%
6,345.40
Aaa/NA
AAA
3.38 1.95
437918AC9 HAROT 2024-1 A3 5.21
08/15/2028 1,250,000.00 02/13/2024
5.21%
1,249,945.63
1,249,945.63
101.21
4.58%
1,265,129.88
2,894.44
0.86%
15,184.25
Aaa/AAA
NA
3.96 1.74
50 | 8
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
161571HT4 CHAIT 2023-1 A 5.16 09/15/2028 1,320,000.00 09/07/2023
5.17%
1,319,634.10
1,319,634.10
101.67
4.34%
1,342,106.96
3,027.20
0.91%
22,472.86
NR/AAA
AAA
4.04 1.89
47800RAD5 JDOT 2024 A3 4.96 11/15/2028 335,000.00 03/11/2024
4.96%
334,981.24
334,981.24
101.22
4.34%
339,092.63
738.49
0.23%
4,111.39
Aaa/NA
AAA
4.21 1.81
096919AD7 BMWOT 2024-A A3 5.18
02/26/2029 600,000.00 06/04/2024
5.24%
599,908.86
599,908.86
101.68
4.36%
610,105.02
518.00
0.41%
10,196.16
Aaa/AAA
NA
4.49 1.90
02582JKH2 AMXCA 2024-1 A 5.23
04/16/2029 640,000.00 04/16/2024
5.23%
639,868.80
639,868.80
102.39
4.30%
655,314.18
1,487.64
0.44%
15,445.38
NA/AAA
AAA
4.62 2.40
Total ABS 8,647,911.93 4.57%
8,641,471.35
8,641,471.35
100.67
4.71%
8,704,453.00
14,163.30
5.89%
62,981.65
Aaa/AAA
AAA
3.07 1.42
AGENCY
3130AQF40 FEDERAL HOME LOAN BANKS 1.0
12/20/2024 1,400,000.00 12/21/2021
1.03%
1,398,768.00
1,398,768.00
98.79 5.14%
1,383,002.36
2,761.11
0.94%
(15,765.64)
Aaa/AA+
AA+
0.30 0.29
3133ENKS8
FEDERAL FARM CREDIT
BANKS FUNDING CORP 1.125
01/06/2025
755,000.00 01/06/2022
1.20%
753,301.25
753,301.25
98.66 5.12%
744,859.21
1,297.66
0.50%
(8,442.04)
Aaa/AA+
AA+
0.35 0.34
3133ENPG9 FEDERAL FARM CREDIT BANKS
FUNDING CORP 1.75 02/14/2025 1,200,000.00 02/25/2022
1.82%
1,197,456.00
1,197,456.00
98.61 4.92%
1,183,348.78
991.67
0.80%
(14,107.22)
Aaa/AA+
AA+
0.46 0.44
3133EPW68
FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.125
01/22/2026
1,400,000.00 01/24/2024
4.40%
1,392,860.00
1,392,860.00
99.84 4.24%
1,397,803.11
6,256.25
0.95%
4,943.11
Aaa/AA+
AA+
1.39 1.33
3133ERDZ1 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.75 05/08/2026 1,000,000.00 05/20/2024
4.87%
997,690.00
997,690.00
101.07
4.08%
1,010,721.96
14,909.72
0.68%
13,031.96
Aaa/AA+
AA+
1.68 1.58
3130AWLZ1 FEDERAL HOME LOAN BANKS
4.75 06/12/2026 2,000,000.00 08/16/2023
4.78%
1,998,620.00
1,998,620.00
101.18
4.05%
2,023,532.92
20,847.22
1.37%
24,912.92
Aaa/AA+
AA+
1.78 1.67
3133EPZY4 FEDERAL FARM CREDIT BANKS
FUNDING CORP 5.0 07/30/2026 2,000,000.00 11/09/2023
4.85%
2,007,480.00
2,007,480.00
101.79
4.02%
2,035,765.88
8,611.11
1.38%
28,285.88
Aaa/AA+
AA+
1.91 1.80
3133EPSW6 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 08/14/2026 2,405,000.00 08/09/2023
4.58%
2,399,468.50
2,399,468.50
101.11
3.90%
2,431,793.50
5,110.63
1.65%
32,325.00
Aaa/AA+
AA+
1.95 1.85
3130AWTQ3 FEDERAL HOME LOAN BANKS
4.625 09/11/2026 4,500,000.00 --
4.81%
4,476,030.00
4,476,030.00
101.47
3.86%
4,565,975.94
98,281.25
3.09%
89,945.94
Aaa/AA+
AA+
2.03 1.88
3130AXU63 FEDERAL HOME LOAN BANKS
4.625 11/17/2026 1,750,000.00 11/30/2023
4.53%
1,754,427.50
1,754,427.50
101.36
3.97%
1,773,791.02
23,381.94
1.20%
19,363.52
Aaa/AA+
AA+
2.21 2.06
3130AYPN0 FEDERAL HOME LOAN BANKS
4.125 01/15/2027 2,000,000.00 01/30/2024
4.21%
1,995,560.00
1,995,560.00
100.56
3.87%
2,011,184.74
10,541.67
1.36%
15,624.74
Aaa/AA+
AA+
2.38 2.22
51 | 9
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
3133EP6K6 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 03/26/2027 1,000,000.00 04/08/2024
4.66%
995,520.00
995,520.00
101.38
3.93%
1,013,843.02
19,375.00
0.69%
18,323.02
Aaa/AA+
AA+
2.57 2.36
3130B0TY5 FEDERAL HOME LOAN BANKS
4.75 04/09/2027 1,500,000.00 04/10/2024
4.84%
1,496,115.00
1,496,115.00
102.23
3.84%
1,533,417.48
27,708.33
1.04%
37,302.48
Aaa/AA+
AA+
2.61 2.39
3133ERFJ5 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 05/20/2027 1,000,000.00 05/20/2024
4.69%
994,830.00
994,830.00
101.66
3.85%
1,016,598.36
12,625.00
0.69%
21,768.36
Aaa/AA+
AA+
2.72 2.51
3130AVVX7 FEDERAL HOME LOAN BANKS
3.75 06/09/2028 1,120,000.00 06/07/2023
4.00%
1,107,243.20
1,107,243.20
99.97 3.76%
1,119,611.64
9,566.67
0.76%
12,368.44
Aaa/AA+
AA+
3.77 3.45
3130AWC24 FEDERAL HOME LOAN BANKS 4.0
06/09/2028 2,000,000.00 07/06/2023
4.49%
1,956,940.00
1,956,940.00
100.84
3.76%
2,016,716.26
18,222.22
1.36%
59,776.26
Aaa/AA+
AA+
3.77 3.44
3133EPWK7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 09/22/2028 2,000,000.00 10/12/2023
4.71%
1,981,460.00
1,981,460.00
102.60
3.80%
2,052,021.74
39,750.00
1.39%
70,561.74
Aaa/AA+
AA+
4.06 3.61
Total Agency 29,030,000.00 4.26%
28,903,769.45
28,903,769.45
100.99
4.04%
29,313,987.92
320,237.45
19.84%
410,218.47
Aaa/AA+
AA+
2.20 2.04
AGENCY CMBS
3137BM7C4 FHMS K-051 A2 3.308
09/25/2025 1,192,716.06 06/23/2022
3.30%
1,190,200.17
1,190,200.17
98.50 4.74%
1,174,782.62
3,287.92
0.79%
(15,417.55)
Aaa/AA+
AAA
1.07 0.92
3137BSP72 FHMS K-058 A2 2.653
08/25/2026 2,000,000.00 02/09/2023
4.27%
1,890,546.88
1,890,546.88
96.88 4.28%
1,937,515.20
4,421.67
1.31%
46,968.32
Aaa/AA+
AAA
1.98 1.85
3137BTUM1 FHMS K-061 A2 3.347
11/25/2026 884,630.62 09/22/2022
4.23%
852,873.77
852,873.77
97.95 4.30%
866,460.22
2,467.38
0.59%
13,586.45
Aaa/AA+
AAA
2.24 2.00
3137BVZ82 FHMS K-063 A2 3.43 01/25/2027 862,000.00 --
4.03%
839,600.51
839,600.51
98.19 4.20%
846,424.26
2,463.88
0.57%
6,823.75
Aaa/AA+
AAA
2.40 2.13
3137F1G44 FHMS K-065 A2 3.243
04/25/2027 1,000,000.00 09/19/2022
4.02%
965,468.75
965,468.75
97.60 4.18%
975,998.40
2,702.50
0.66%
10,529.65
Aaa/AA+
AAA
2.65 2.41
3137FBU79 FHMS K-069 A2 3.187
09/25/2027 1,247,586.58 05/18/2023
4.13%
1,198,414.13
1,198,414.13
97.33 4.11%
1,214,329.78
3,313.38
0.82%
15,915.66
Aaa/AAA
AA+
3.07 2.76
3137F4X72 FHMS K-075 A2 3.65 02/25/2028 1,165,000.00 09/14/2023
4.83%
1,107,478.13
1,107,478.13
98.35 4.12%
1,145,794.16
3,543.54
0.78%
38,316.03
Aaa/AA+
AAA
3.49 3.18
3137FJEH8
FHMS K-081 A2 3.9 08/25/2028 1,250,000.00 05/28/2024
4.94%
1,197,265.63
1,197,265.63
99.02 4.13%
1,237,710.63
4,062.50
0.84%
40,445.00
Aaa/AA+
AAA
3.99 3.59
3137H5YC5 FHMS K-748 A2 2.26 01/25/2029 1,500,000.00 08/19/2024
4.12%
1,385,332.03
1,385,332.03
92.53 4.15%
1,387,968.30
2,825.00
0.94%
2,636.27
Aaa/AA+
AAA
4.40 4.02
Total Agency
CMBS 11,101,933.26 4.22%
10,627,180.00
10,627,180.00
97.20 4.25%
10,786,983.57
29,087.78
7.30%
159,803.58
Aaa/AA+
AAA
2.82 2.56
52 | 10
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
CASH
CCYUSD Receivable 832.46 --
0.00%
832.46
832.46
1.00 0.00%
832.46
0.00 0.00%
0.00 Aaa/AAA
AAA
0.00 0.00
CCYUSD Receivable 50,813.95 --
0.00%
50,813.95
50,813.95
1.00 0.00%
50,813.95
0.00 0.03%
0.00 Aaa/AAA
AAA
0.00 0.00
Total CASH 51,646.41 0.00%
51,646.41
51,646.41
1.00 0.00%
51,646.41
0.00 0.03%
0.00 Aaa/AAA
AAA
0.00 0.00
COMMERCIAL
PAPER
89233GNX0 Toyota Motor Credit Corporation
01/31/2025 2,000,000.00 05/21/2024
5.42%
1,925,625.00
1,925,625.00
97.93 5.08%
1,958,510.00
0.00 1.33%
32,885.00
P-1/A-1+
F1
0.42 0.40
62479LQ40 MUFG Bank, Ltd. - New York
Branch 03/04/2025 2,700,000.00 06/07/2024
5.36%
2,594,902.50
2,594,902.50
97.53 5.01%
2,633,266.80
0.00 1.78%
38,364.30
P-1/A-1
NA
0.51 0.49
Total Commercial
Paper 4,700,000.00 5.39%
4,520,527.50
4,520,527.50
97.70 5.04%
4,591,776.80
0.00 3.11%
71,249.30
P-1/AA-
A+
0.47 0.45
CORPORATE
78016EYM3 ROYAL BANK OF CANADA 1.6
01/21/2025 1,000,000.00 01/12/2022
1.60%
1,000,000.00
1,000,000.00
98.70 5.05%
986,998.04
1,777.78
0.67%
(13,001.96)
A1/A
AA-
0.39 0.38
06406RBC0 BANK OF NEW YORK MELLON
CORP 3.35 04/25/2025 900,000.00 04/19/2022
3.35%
899,874.00
899,874.00
98.89 5.11%
890,040.29
10,552.50
0.60%
(9,833.72)
A1/A
AA-
0.65 0.62
14913R2V8 CATERPILLAR FINANCIAL
SERVICES CORP 3.4 05/13/2025 480,000.00 05/10/2022
3.44%
479,390.40
479,390.40
99.12 4.69%
475,797.21
4,896.00
0.32%
(3,593.19)
A2/A
A+
0.70 0.67
438516CB0 HONEYWELL INTERNATIONAL
INC 1.35 06/01/2025 1,000,000.00 03/09/2022
2.31%
970,280.00
970,280.00
97.58 4.69%
975,789.46
3,375.00
0.66%
5,509.46
A2/A
A
0.75 0.72
89115A2A9 TORONTO-DOMINION BANK
3.766 06/06/2025 1,000,000.00 06/02/2022
3.70%
1,001,830.00
1,001,830.00
99.19 4.86%
991,914.34
8,891.94
0.67%
(9,915.66)
A1/A
NA
0.76 0.73
63743HFE7
NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP
3.45 06/15/2025
1,105,000.00 --
3.61%
1,099,973.65
1,099,973.65
98.89 4.91%
1,092,728.33
8,048.08
0.74%
(7,245.32)
A2/A-
A
0.79 0.76
14913R2Z9 CATERPILLAR FINANCIAL
SERVICES CORP 3.65 08/12/2025 1,375,000.00 08/08/2022
3.69%
1,373,336.25
1,373,336.25
99.12 4.62%
1,362,856.62
2,648.78
0.92%
(10,479.63)
A2/A
A+
0.95 0.91
26442UAA2 DUKE ENERGY PROGRESS LLC
3.25 08/15/2025 1,000,000.00 06/23/2022
3.57%
990,710.00
990,710.00
98.77 4.59%
987,674.32
1,444.44
0.67%
(3,035.68)
Aa3/A
WR
0.96 0.92
53 | 11
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
437076CR1 HOME DEPOT INC 4.0
09/15/2025 1,000,000.00 09/14/2022
4.13%
996,380.00
996,380.00
99.55 4.45%
995,514.03
18,444.44
0.67%
(865.97)
A2/A
A
1.04 0.98
023135CN4 AMAZON.COM INC 4.6
12/01/2025 425,000.00 11/29/2022
4.60%
424,974.50
424,974.50
100.27
4.37%
426,157.93
4,887.50
0.29%
1,183.43
A1/AA
AA-
1.25 1.19
857477BR3 STATE STREET CORP 1.746
02/06/2026 335,000.00 02/02/2022
1.75%
335,000.00
335,000.00
98.47 5.68%
329,859.12
406.19
0.22%
(5,140.88)
A1/A
AA-
1.44 0.42
037833BY5 APPLE INC 3.25 02/23/2026 1,000,000.00 02/22/2023
4.72%
959,390.00
959,390.00
98.63 4.22%
986,312.33
722.22
0.67%
26,922.33
Aaa/AA+
NA
1.48 1.42
57629W6F2 MASSMUTUAL GLOBAL
FUNDING II 4.5 04/10/2026 750,000.00 04/04/2023
4.52%
749,482.50
749,482.50
100.18
4.38%
751,379.31
13,218.75
0.51%
1,896.81
Aa3/AA+
AA+
1.61 1.50
00440EAV9 CHUBB INA HOLDINGS LLC 3.35
05/03/2026 1,000,000.00 09/13/2023
5.23%
954,220.00
954,220.00
98.22 4.47%
982,162.81
10,980.56
0.66%
27,942.81
A3/A
A
1.67 1.58
58989V2F0 MET TOWER GLOBAL FUNDING
5.4 06/20/2026 1,000,000.00 06/12/2023
5.38%
1,000,440.00
1,000,440.00
101.48
4.53%
1,014,765.41
10,650.00
0.69%
14,325.41
Aa3/AA-
AA-
1.80 1.68
61747YET8 MORGAN STANLEY 4.679
07/17/2026 1,000,000.00 09/14/2022
4.68%
994,030.00
994,030.00
99.57 6.16%
995,657.96
5,718.78
0.67%
1,627.96
A1/A-
A+
1.88 0.84
69371RS56 PACCAR FINANCIAL CORP 5.05
08/10/2026 1,450,000.00 --
4.99%
1,451,925.00
1,451,925.00
101.40
4.28%
1,470,358.88
4,271.46
0.99%
18,433.88
A1/A+
NA
1.94 1.82
06428CAA2 BANK OF AMERICA NA 5.526
08/18/2026 1,000,000.00 09/13/2023
5.57%
998,810.00
998,810.00
102.27
4.30%
1,022,695.28
1,995.50
0.69%
23,885.28
Aa1/A+
AA
1.96 1.76
713448FW3 PEPSICO INC 5.125 11/10/2026 510,000.00 11/08/2023
5.13%
509,862.30
509,862.30
101.96
4.17%
520,010.20
8,059.06
0.35%
10,147.90
A1/A+
NA
2.19 1.95
48125LRU8 JPMORGAN CHASE BANK NA
5.11 12/08/2026 1,575,000.00 --
5.08%
1,576,460.00
1,576,460.00
101.70
4.31%
1,601,826.20
18,555.69
1.08%
25,366.20
Aa2/A+
AA
2.27 2.02
24422EXF1 JOHN DEERE CAPITAL CORP 4.5
01/08/2027 1,000,000.00 01/10/2024
4.52%
999,460.00
999,460.00
100.89
4.10%
1,008,904.11
6,625.00
0.68%
9,444.11
A1/A
A+
2.36 2.20
78016HZT0 ROYAL BANK OF CANADA 4.875
01/19/2027 1,245,000.00 01/10/2024
4.88%
1,244,688.75
1,244,688.75
101.17
4.35%
1,259,522.32
7,080.94
0.85%
14,833.57
A1/A
AA-
2.39 2.21
17275RBQ4 CISCO SYSTEMS INC 4.8
02/26/2027 1,500,000.00 02/29/2024
4.78%
1,500,810.00
1,500,810.00
101.62
4.11%
1,524,302.81
1,000.00
1.03%
23,492.81
A1/AA-
NA
2.49 2.25
857477CL5 STATE STREET CORP 4.993
03/18/2027 1,210,000.00 03/13/2024
4.99%
1,210,000.00
1,210,000.00
101.60
4.32%
1,229,303.88
27,354.71
0.83%
19,303.88
A1/A
AA-
2.54 2.24
665859AW4 NORTHERN TRUST CORP 4.0
05/10/2027 1,000,000.00 09/14/2022
4.23%
990,460.00
990,460.00
99.59 4.16%
995,916.05
12,333.33
0.67%
5,456.05
A2/A+
A+
2.69 2.49
009158AY2 AIR PRODUCTS AND CHEMICALS
INC 1.85 05/15/2027 1,500,000.00 02/09/2024
4.71%
1,371,945.00
1,371,945.00
94.18 4.15%
1,412,752.91
8,170.83
0.96%
40,807.91
A2/A
NA
2.70 2.58
54 | 12
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
437076DB5 HOME DEPOT INC 4.875
06/25/2027 740,000.00 --
4.95%
738,545.60
738,545.60
101.93
4.14%
754,314.52
6,613.75
0.51%
15,768.92
A2/A
A
2.82 2.51
09290DAH4 BLACKROCK FUNDING INC 4.6
07/26/2027 750,000.00 07/18/2024
4.57%
750,645.00
750,645.00
101.44
4.07%
760,764.80
3,354.17
0.51%
10,119.80
Aa3/AA-
NA
2.90 2.61
532457CP1 ELI LILLY AND CO 4.15
08/14/2027 1,250,000.00 08/22/2024
4.10%
1,251,637.50
1,251,637.50
100.25
4.06%
1,253,152.04
2,449.65
0.85%
1,514.54
A1/A+
NA
2.95 2.67
023135BC9 AMAZON.COM INC 3.15
08/22/2027 1,000,000.00 07/30/2024
4.55%
960,450.00
960,450.00
97.56 4.03%
975,628.12
787.50
0.66%
15,178.12
A1/AA
AA-
2.97 2.80
89236TKJ3 TOYOTA MOTOR CREDIT CORP
4.55 09/20/2027 1,000,000.00 06/20/2024
4.89%
989,900.00
989,900.00
100.83
4.26%
1,008,269.91
20,348.61
0.68%
18,369.91
A1/A+
A+
3.05 2.76
91324PDE9 UNITEDHEALTH GROUP INC 2.95
10/15/2027 1,250,000.00 07/30/2024
4.60%
1,189,300.00
1,189,300.00
96.53 4.15%
1,206,614.44
13,930.56
0.82%
17,314.44
A2/A+
A
3.12 2.90
74456QBU9 PUBLIC SERVICE ELECTRIC AND
GAS CO 3.7 05/01/2028 750,000.00 06/22/2023
4.79%
715,005.00
715,005.00
97.77 4.36%
733,274.74
9,250.00
0.50%
18,269.74
A1/A
WR
3.67 3.34
341081GN1 FLORIDA POWER & LIGHT CO 4.4
05/15/2028 1,500,000.00 05/22/2023
4.64%
1,484,025.00
1,484,025.00
100.58
4.23%
1,508,688.09
19,433.33
1.02%
24,663.09
Aa2/A+
AA-
3.71 3.20
Total Corporate 34,600,000.00 4.38%
34,163,240.45
34,163,240.45
99.72 4.44%
34,491,906.80
278,277.06
23.34%
328,666.35
A1/A+
A+
2.04 1.84
MONEY MARKET
FUND
31846V567 FIRST AMER:GVT OBLG Z 189,593.25 --
5.17%
189,593.25
189,593.25
1.00 5.17%
189,593.25
0.00 0.13%
0.00 Aaa/
AAAm
AAA
0.00 0.00
31846V567 FIRST AMER:GVT OBLG Z 291,991.08 --
5.16%
291,991.08
291,991.08
1.00 5.16%
291,991.08
0.00 0.20%
0.00 Aaa/
AAAm
AAA
0.00 0.00
Total Money
Market Fund 481,584.33 5.16%
481,584.33
481,584.33
1.00 5.16%
481,584.33
0.00 0.33%
0.00 Aaa/
AAAm
AAA
0.00 0.00
NEGOTIABLE CD
21684XH82
COÖPERATIEVE RABOBANK
U.A., NEW YORK BRANCH 5.9
09/06/2024
2,000,000.00 09/13/2023
5.90%
1,999,872.84
1,999,872.84
100.01
4.41%
2,000,204.00
118,000.00
1.35%
331.16
P-1/A-1
F1+
0.02 0.01
55 | 13
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Negotiable
CD 2,000,000.00 5.90%
1,999,872.84
1,999,872.84
100.01
4.41%
2,000,204.00
118,000.00
1.35%
331.16
P-1/A-1
F1+
0.02 0.01
SUPRANATIONAL
4581X0DZ8
INTER-AMERICAN
DEVELOPMENT BANK 0.5
09/23/2024
1,585,000.00 09/15/2021
0.52%
1,583,827.10
1,583,827.10
99.73 5.34%
1,580,743.66
3,478.19
1.07%
(3,083.44)
Aaa/AAA
NA
0.06 0.06
459058KT9
INTERNATIONAL BANK FOR
RECONSTRUCTION AND
DEVELOPM 3.5 07/12/2028
500,000.00 07/24/2023
4.26%
483,115.00
483,115.00
98.92 3.80%
494,624.38
2,381.94
0.33%
11,509.38
Aaa/AAA
NA
3.87 3.56
Total
Supranational 2,085,000.00 1.42%
2,066,942.10
2,066,942.10
99.54 4.97%
2,075,368.04
5,860.14
1.40%
8,425.94
Aaa/AAA
NA
0.97 0.89
US TREASURY
91282CCX7 UNITED STATES TREASURY 0.375
09/15/2024 1,800,000.00 09/10/2021
0.44%
1,796,484.38
1,796,484.38
99.84 5.32%
1,797,094.94
3,118.21
1.22%
610.56
Aaa/AA+
AA+
0.04 0.03
912797KU0 UNITED STATES TREASURY
10/17/2024 2,000,000.00 04/22/2024
5.37%
1,949,235.42
1,949,235.42
99.38 5.20%
1,987,545.56
0.00 1.34%
38,310.14
P-1/A-1+
F1+
0.13 0.12
912828YM6 UNITED STATES TREASURY 1.5
10/31/2024 1,700,000.00 09/24/2021
0.55%
1,749,273.44
1,749,273.44
99.40 5.31%
1,689,800.00
8,592.39
1.14%
(59,473.44)
Aaa/AA+
AA+
0.17 0.16
912797MA2 UNITED STATES TREASURY
11/05/2024 2,750,000.00 07/10/2024
5.36%
2,703,547.34
2,703,547.34
99.12 5.14%
2,725,817.19
0.00 1.84%
22,269.85
P-1/A-1+
F1+
0.18 0.17
91282CDH1 UNITED STATES TREASURY 0.75
11/15/2024 2,000,000.00 11/29/2021
0.81%
1,996,328.13
1,996,328.13
99.14 5.10%
1,982,864.58
4,442.93
1.34%
(13,463.55)
Aaa/AA+
AA+
0.21 0.20
91282CDN8 UNITED STATES TREASURY 1.0
12/15/2024 900,000.00 12/29/2021
0.99%
900,386.72
900,386.72
98.92 4.89%
890,261.72
1,918.03
0.60%
(10,125.00)
Aaa/AA+
AA+
0.29 0.28
912828Z52 UNITED STATES TREASURY 1.375
01/31/2025 2,000,000.00 06/04/2021
0.51%
2,062,500.00
2,062,500.00
98.57 4.96%
1,971,328.12
2,391.30
1.33%
(91,171.88)
Aaa/AA+
AA+
0.42 0.40
912828ZC7 UNITED STATES TREASURY 1.125
02/28/2025 1,200,000.00 02/09/2022
1.59%
1,183,359.38
1,183,359.38
98.23 4.81%
1,178,765.63
37.29 0.80%
(4,593.75)
Aaa/AA+
AA+
0.50 0.48
912828ZF0 UNITED STATES TREASURY 0.5
03/31/2025 2,000,000.00 03/03/2021
0.54%
1,997,031.25
1,997,031.25
97.64 4.72%
1,952,781.24
4,207.65
1.32%
(44,250.01)
Aaa/AA+
AA+
0.58 0.56
912828ZL7 UNITED STATES TREASURY 0.375
04/30/2025 2,000,000.00 04/12/2021
0.66%
1,977,343.75
1,977,343.75
97.25 4.67%
1,945,046.88
2,527.17
1.32%
(32,296.87)
Aaa/AA+
AA+
0.66 0.64
912828ZT0 UNITED STATES TREASURY 0.25
05/31/2025 1,800,000.00 10/14/2021
0.78%
1,765,757.81
1,765,757.81
96.87 4.60%
1,743,595.31
1,143.44
1.18%
(22,162.50)
Aaa/AA+
AA+
0.75 0.72
56 | 14
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CAB7 UNITED STATES TREASURY 0.25
07/31/2025 2,000,000.00 12/02/2021
1.06%
1,942,031.25
1,942,031.25
96.31 4.44%
1,926,171.88
434.78
1.30%
(15,859.37)
Aaa/AA+
AA+
0.91 0.89
91282CAJ0 UNITED STATES TREASURY 0.25
08/31/2025 1,000,000.00 03/22/2022
2.42%
928,828.13
928,828.13
96.01 4.41%
960,093.75
6.91 0.65%
31,265.62
Aaa/AA+
AA+
1.00 0.97
9128285C0 UNITED STATES TREASURY 3.0
09/30/2025 3,250,000.00 --
2.90%
3,259,882.81
3,259,882.81
98.61 4.34%
3,204,677.74
41,024.59
2.17%
(55,205.07)
Aaa/AA+
AA+
1.08 1.03
9128285J5 UNITED STATES TREASURY 3.0
10/31/2025 2,500,000.00 06/23/2022
3.02%
2,498,632.81
2,498,632.81
98.56 4.28%
2,464,062.50
25,271.74
1.67%
(34,570.31)
Aaa/AA+
AA+
1.17 1.11
912828M56 UNITED STATES TREASURY 2.25
11/15/2025 2,500,000.00 06/23/2022
3.11%
2,431,152.34
2,431,152.34
97.66 4.27%
2,441,503.90
16,661.01
1.65%
10,351.56
Aaa/AA+
AA+
1.21 1.16
9128285T3 UNITED STATES TREASURY 2.625
12/31/2025 2,500,000.00 09/14/2022
3.76%
2,412,792.97
2,412,792.97
97.99 4.20%
2,449,707.03
11,234.71
1.66%
36,914.06
Aaa/AA+
AA+
1.33 1.28
9128286L9 UNITED STATES TREASURY 2.25
03/31/2026 2,500,000.00 09/14/2022
3.74%
2,377,832.03
2,377,832.03
97.23 4.08%
2,430,761.73
23,668.03
1.64%
52,929.70
Aaa/AA+
AA+
1.58 1.51
91282CGV7 UNITED STATES TREASURY 3.75
04/15/2026 2,000,000.00 03/20/2024
4.63%
1,965,703.13
1,965,703.13
99.52 4.06%
1,990,468.76
28,483.61
1.35%
24,765.63
Aaa/AA+
AA+
1.62 1.53
912828U24 UNITED STATES TREASURY 2.0
11/15/2026 3,000,000.00 09/13/2023
4.66%
2,767,031.25
2,767,031.25
96.05 3.89%
2,881,523.43
17,771.74
1.95%
114,492.18
Aaa/AA+
AA+
2.21 2.11
912828YX2 UNITED STATES TREASURY 1.75
12/31/2026 1,750,000.00 12/27/2023
3.96%
1,641,240.23
1,641,240.23
95.35 3.86%
1,668,652.34
5,242.87
1.13%
27,412.10
Aaa/AA+
AA+
2.33 2.24
91282CEF4 UNITED STATES TREASURY 2.5
03/31/2027 2,500,000.00 11/17/2022
4.02%
2,349,414.06
2,349,414.06
96.81 3.81%
2,420,214.85
26,297.81
1.64%
70,800.79
Aaa/AA+
AA+
2.58 2.43
91282CEW7 UNITED STATES TREASURY 3.25
06/30/2027 1,300,000.00 12/12/2022
3.87%
1,266,687.50
1,266,687.50
98.53 3.80%
1,280,906.25
7,233.02
0.87%
14,218.75
Aaa/AA+
AA+
2.83 2.65
91282CFB2 UNITED STATES TREASURY 2.75
07/31/2027 2,000,000.00 07/26/2023
4.30%
1,887,109.38
1,887,109.38
97.10 3.81%
1,942,031.24
4,782.61
1.31%
54,921.86
Aaa/AA+
AA+
2.91 2.75
91282CFH9 UNITED STATES TREASURY 3.125
08/31/2027 2,500,000.00 01/24/2023
3.65%
2,445,117.19
2,445,117.19
98.12 3.80%
2,452,929.70
215.81
1.66%
7,812.51
Aaa/AA+
AA+
3.00 2.82
91282CFM8 UNITED STATES TREASURY 4.125
09/30/2027 1,600,000.00 02/22/2023
4.19%
1,595,500.00
1,595,500.00
101.02
3.77%
1,616,250.00
27,770.49
1.09%
20,750.00
Aaa/AA+
AA+
3.08 2.82
9128283F5 UNITED STATES TREASURY 2.25
11/15/2027 1,400,000.00 06/07/2023
4.05%
1,298,937.50
1,298,937.50
95.38 3.80%
1,335,304.68
9,330.16
0.90%
36,367.18
Aaa/AA+
AA+
3.21 3.02
9128285M8 UNITED STATES TREASURY 3.125
11/15/2028 2,000,000.00 04/22/2024
4.72%
1,870,625.00
1,870,625.00
97.50 3.77%
1,950,078.12
18,512.23
1.32%
79,453.12
Aaa/AA+
AA+
4.21 3.85
Total US Treasury 56,450,000.00 3.00%
55,019,765.20
55,019,765.20
97.95 4.38%
55,280,239.06
292,320.55
37.41%
260,473.86
Aaa/AA+
AA+
1.44 1.36
57 | 15
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
HOLDINGS REPORT
Cusip Security Description Par Value/
Units
Purchase Date
Purchase Yield
Cost Value
Book Value
Mkt Price
Mkt YTM
Market Value
Accrued Int.
% of Port.
Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Portfolio 149,148,075.92 3.85%
146,475,999.63
146,475,999.63
98.76 4.37%
147,778,149.92
1,057,946.27
100.00%
1,302,150.30
Aa2/AA
AA
1.87 1.64
Total Market
Value + Accrued 148,836,096.19
58 | 16
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
ACQUISITIONS
Purchase 08/02/2024 31846V567 2,168.28 FIRST AMER:GVT OBLG Z 1.000 5.18% (2,168.28) 0.00 (2,168.28) 0.00 Purchase 08/02/2024 31846V567 764.99 FIRST AMER:GVT OBLG Z 1.000 5.18% (764.99) 0.00 (764.99) 0.00 Purchase 08/06/2024 31846V567 2,924.55 FIRST AMER:GVT OBLG Z 1.000 5.16% (2,924.55) 0.00 (2,924.55) 0.00 Purchase 08/09/2024 31846V567 245,000.00 FIRST AMER:GVT OBLG Z 1.000 5.17% (245,000.00) 0.00 (245,000.00) 0.00 Purchase 08/09/2024 31846V567 612.50 FIRST AMER:GVT OBLG Z 1.000 5.17% (612.50) 0.00 (612.50) 0.00 Purchase 08/12/2024 31846V567 61,706.25 FIRST AMER:GVT OBLG Z 1.000 5.17% (61,706.25) 0.00 (61,706.25) 0.00 Purchase 08/14/2024 31846V567 64,612.50 FIRST AMER:GVT OBLG Z 1.000 5.17% (64,612.50) 0.00 (64,612.50) 0.00 Purchase 08/15/2024 31846V567 2,121,866.17 FIRST AMER:GVT OBLG Z 1.000 5.17% (2,121,866.17) 0.00 (2,121,866.17) 0.00 Purchase 08/16/2024 31846V567 41,911.04 FIRST AMER:GVT OBLG Z 1.000 5.17% (41,911.04) 0.00 (41,911.04) 0.00 Purchase 08/19/2024 31846V567 51,479.79 FIRST AMER:GVT OBLG Z 1.000 5.15% (51,479.79) 0.00 (51,479.79) 0.00 Purchase 08/20/2024 31846V567 3,185.29 FIRST AMER:GVT OBLG Z 1.000 5.17% (3,185.29) 0.00 (3,185.29) 0.00 Purchase 08/21/2024 31846V567 14,545.19 FIRST AMER:GVT OBLG Z 1.000 5.17% (14,545.19) 0.00 (14,545.19) 0.00 Purchase 08/22/2024 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 92.355 4.12% (1,385,332.03) (1,977.50) (1,387,309.53) 0.00 Purchase 08/23/2024 532457CP1 1,250,000.00 ELI LILLY AND CO 4.15 08/14/2027 100.131 4.10% (1,251,637.50) (1,296.88) (1,252,934.38) 0.00 Purchase 08/26/2024 31846V567 102,005.41 FIRST AMER:GVT OBLG Z 1.000 5.17% (102,005.41) 0.00 (102,005.41) 0.00 Purchase 08/26/2024 31846V567 36,000.00 FIRST AMER:GVT OBLG Z 1.000 5.17% (36,000.00) 0.00 (36,000.00) 0.00 Total Purchase 5,498,781.96 (5,385,751.49) (3,274.38) (5,389,025.87) 0.00 TOTAL
ACQUISITIONS 5,498,781.96 (5,385,751.49) (3,274.38) (5,389,025.87) 0.00
DISPOSITIONS
Maturity 08/09/2024 69371RR40 (245,000.00) PACCAR FINANCIAL CORP
0.5 08/09/2024 100.000 0.50% 245,000.00 0.00 245,000.00 132.30 Maturity 08/15/2024 91282CCT6 (2,000,000.00) UNITED STATES TREASURY
0.375 08/15/2024 100.000 0.38% 2,000,000.00 0.00 2,000,000.00 4,765.62 Total Maturity (2,245,000.00) 2,245,000.00 0.00 2,245,000.00 4,897.92 Sale 08/22/2024 31846V567 (1,371,559.53) FIRST AMER:GVT OBLG Z 1.000 5.17% 1,371,559.53 0.00 1,371,559.53 0.00 Sale 08/23/2024 31846V567 (1,236,684.38) FIRST AMER:GVT OBLG Z 1.000 5.16% 1,236,684.38 0.00 1,236,684.38 0.00 Total Sale (2,608,243.91) 2,608,243.91 0.00 2,608,243.91 0.00 59 | 17
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
TOTAL
DISPOSITIONS (4,853,243.91) 4,853,243.91 0.00 4,853,243.91 4,897.92 OTHER
Coupon 08/01/2024 3137BM7C4 0.00 FHMS K-051 A2 3.308
09/25/2025 3.30% 3,371.40 0.00 3,371.40 0.00
Coupon 08/01/2024 3137F1G44 0.00 FHMS K-065 A2 3.243
04/25/2027 4.02% 2,702.50 0.00 2,702.50 0.00
Coupon 08/01/2024 3137BSP72 0.00 FHMS K-058 A2 2.653
08/25/2026 4.27% 4,421.67 0.00 4,421.67 0.00
Coupon 08/01/2024 3137BVZ82 0.00 FHMS K-063 A2 3.43
01/25/2027 4.44% 2,463.88 0.00 2,463.88 0.00
Coupon 08/01/2024 3137FBU79 0.00 FHMS K-069 A2 3.187
09/25/2027 4.46% 3,318.61 0.00 3,318.61 0.00
Coupon 08/01/2024 3137BTUM1 0.00 FHMS K-061 A2 3.347
11/25/2026 4.89% 2,472.15 0.00 2,472.15 0.00
Coupon 08/01/2024 3137FJEH8 0.00 FHMS K-081 A2 3.9
08/25/2028 4.98% 4,062.50 0.00 4,062.50 0.00
Coupon 08/01/2024 3137F4X72 0.00 FHMS K-075 A2 3.65
02/25/2028 5.09% 3,543.54 0.00 3,543.54 0.00
Coupon 08/06/2024 857477BR3 0.00 STATE STREET CORP 1.746 02/06/2026 1.75% 2,924.55 0.00 2,924.55 0.00
Coupon 08/09/2024 69371RR40 0.00 PACCAR FINANCIAL CORP
0.5 08/09/2024 0.50% 612.50 0.00 612.50 0.00
Coupon
08/10/2024 69371RS56 0.00 PACCAR FINANCIAL CORP
5.05 08/10/2026 4.99% 36,612.50 0.00 36,612.50 0.00
Coupon 08/12/2024 14913R2Z9 0.00
CATERPILLAR FINANCIAL
SERVICES CORP 3.65
08/12/2025
3.69% 25,093.75 0.00 25,093.75 0.00
Coupon 08/14/2024 3133ENPG9 0.00
FEDERAL FARM CREDIT
BANKS FUNDING CORP
1.75 02/14/2025
1.82% 10,500.00 0.00 10,500.00 0.00
60 | 18
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Coupon 08/14/2024 3133EPSW6 0.00
FEDERAL FARM CREDIT
BANKS FUNDING CORP
4.5 08/14/2026
4.58% 54,112.50 0.00 54,112.50 0.00
Coupon 08/15/2024 47788UAC6 0.00 JDOT 2021 A3 0.36
09/15/2025 0.36% 7.06 0.00 7.06 0.00
Coupon 08/15/2024 91282CCT6 0.00 UNITED STATES TREASURY
0.375 08/15/2024 0.38% 3,750.00 0.00 3,750.00 0.00
Coupon 08/15/2024 44934KAC8 0.00 HART 2021-B A3 0.38
01/15/2026 0.38% 39.02 0.00 39.02 0.00
Coupon 08/15/2024 47789QAC4 0.00 JDOT 2021-B A3 0.52
03/16/2026 0.52% 48.43 0.00 48.43 0.00
Coupon 08/15/2024 47787JAC2 0.00 JDOT 2022 A3 0.36
09/15/2026 2.33% 407.65 0.00 407.65 0.00
Coupon 08/15/2024 02582JJT8 0.00 AMXCA 2022-2 A
05/17/2027 3.40% 2,556.63 0.00 2,556.63 0.00
Coupon 08/15/2024 26442UAA2 0.00 DUKE ENERGY PROGRESS
LLC 3.25 08/15/2025 3.57% 16,250.00 0.00 16,250.00 0.00 Coupon 08/15/2024 47800RAD5 0.00 JDOT 2024 A3 4.96
11/15/2028 4.96% 1,384.67 0.00 1,384.67 0.00
Coupon 08/15/2024 161571HT4 0.00 CHAIT 2023-1 A 5.16
09/15/2028 5.17% 5,676.00 0.00 5,676.00 0.00
Coupon 08/15/2024 437918AC9 0.00 HAROT 2024-1 A3 5.21
08/15/2028 5.21% 5,427.08
0.00 5,427.08 0.00
Coupon 08/15/2024 02582JKH2 0.00 AMXCA 2024-1 A 5.23
04/16/2029 5.23% 2,789.33 0.00 2,789.33 0.00
Coupon 08/15/2024 58770JAD6 0.00 MBALT 2024-A A3 5.32
01/18/2028 5.32% 1,551.67 0.00 1,551.67 0.00
Coupon 08/16/2024 362554AC1 0.00 GMCAR 2021-4 A3 0.68
09/16/2026 0.68% 57.62 0.00 57.62 0.00
Coupon 08/16/2024 380146AC4 0.00 GMCAR 2022-1 A3 1.26
11/16/2026 1.26% 110.77 0.00 110.77 0.00
Coupon 08/16/2024 36265WAD5 0.00 GMCAR 2022-3 A3 3.64
04/16/2027 3.64% 878.43 0.00 878.43 0.00
Coupon 08/18/2024 43815PAC3 0.00 HAROT 2022-2 A3 3.73
07/20/2026 3.73% 939.57 0.00 939.57 0.00
61 | 19
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Coupon 08/18/2024 06428CAA2 0.00 BANK OF AMERICA NA
5.526 08/18/2026 5.57% 27,630.00 0.00 27,630.00 0.00
Coupon 08/20/2024 36269FAD8 0.00 GMALT 2024-1 A3 5.09
03/22/2027 5.09% 1,929.96 0.00 1,929.96 0.00
Coupon 08/20/2024 379929AD4 0.00 GMALT 2023-3 A3 5.38
11/20/2026 5.38% 1,255.33 0.00 1,255.33 0.00
Coupon 08/21/2024 43815GAC3 0.00 HAROT 2021-4 A3 0.88
01/21/2026 0.89% 86.46 0.00 86.46 0.00
Coupon 08/22/2024 023135BC9 0.00 AMAZON.COM INC 3.15
08/22/2027 4.55% 15,750.00 0.00 15,750.00 0.00
Coupon 08/23/2024 037833BY5 0.00 APPLE INC 3.25
02/23/2026 4.72% 16,250.00 0.00 16,250.00 0.00
Coupon 08/25/2024 05602RAD3 0.00 BMWOT 2022-A A3 3.21
08/25/2026 3.21% 534.64 0.00 534.64 0.00
Coupon 08/25/2024 05593AAC3 0.00 BMWLT 2023-1 A3 5.16
11/25/2025 5.16% 523.86 0.00 523.86 0.00
Coupon 08/25/2024 096919AD7 0.00 BMWOT 2024-A A3 5.18
02/26/2029 5.18% 2,590.00 0.00 2,590.00 0.00
Coupon 08/25/2024 05611UAD5 0.00 BMWLT 2024-1 A3 4.98
03/25/2027 5.19% 4,150.00 0.00 4,150.00 0.00
Coupon 08/26/2024 17275RBQ4 0.00 CISCO SYSTEMS INC 4.8
02/26/2027 4.78% 36,000.00 0.00
36,000.00 0.00
Total Coupon 0.00 304,786.23 0.00 304,786.23 0.00
Custody Fee 08/19/2024 CCYUSD (1,000.00) Cash 0.00% (1,000.00) 0.00 (1,000.00) 0.00 Total Custody
Fee (1,000.00) (1,000.00) 0.00 (1,000.00) 0.00
Dividend 07/31/2024 31846V567 0.00 FIRST AMER:GVT OBLG Z 2,933.27 0.00 2,933.27 0.00 Total Dividend 0.00 2,933.27 0.00 2,933.27 0.00
Principal
Paydown 08/01/2024 3137BM7C4 30,283.94 FHMS K-051 A2 3.308 09/25/2025 3.30% 30,283.94 -- 30,283.94 63.88
Principal
Paydown 08/01/2024 3137FBU79 1,968.01 FHMS K-069 A2 3.187 09/25/2027 4.49% 1,968.01 -- 1,968.01 77.56
Principal
Paydown 08/01/2024 3137BTUM1 1,708.94 FHMS K-061 A2 3.347 11/25/2026 4.93% 1,708.94 -- 1,708.94 61.35
62 | 20
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
TRANSACTION LEDGER
Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss
Principal
Paydown 08/15/2024 47788UAC6 11,161.43 JDOT 2021 A3 0.36 09/15/2025 0.36% 11,161.43 -- 11,161.43 2.15
Principal
Paydown 08/15/2024 44934KAC8 37,089.07 HART 2021-B A3 0.38 01/15/2026 0.38% 37,089.07 -- 37,089.07 8.19
Principal
Paydown 08/15/2024 47789QAC4 13,275.36 JDOT 2021-B A3 0.52 03/16/2026 0.52% 13,275.36 -- 13,275.36 1.18
Principal
Paydown 08/15/2024 47787JAC2 20,452.77 JDOT 2022 A3 0.36 09/15/2026 2.33% 20,452.77 -- 20,452.77 4.53
Principal
Paydown 08/16/2024 362554AC1 10,303.19 GMCAR 2021-4 A3 0.68 09/16/2026 0.68% 10,303.19 -- 10,303.19 0.26
Principal
Paydown 08/16/2024 380146AC4 10,096.80 GMCAR 2022-1 A3 1.26 11/16/2026 1.26% 10,096.80 -- 10,096.80 0.87
Principal
Paydown 08/16/2024 36265WAD5 20,464.23 GMCAR 2022-3 A3 3.64 04/16/2027 3.64% 20,464.23 -- 20,464.23 0.14
Principal
Paydown 08/18/2024 43815PAC3 23,910.22 HAROT 2022-2 A3 3.73 07/20/2026 3.73% 23,910.22 -- 23,910.22 1.43
Principal
Paydown 08/21/2024 43815GAC3 14,458.73 HAROT 2021-4 A3 0.88 01/21/2026 0.89% 14,458.73 -- 14,458.73 3.05
Principal
Paydown 08/25/2024 05602RAD3 18,289.85 BMWOT 2022-A A3 3.21 08/25/2026 3.21% 18,289.85 -- 18,289.85
0.95 Principal
Paydown 08/25/2024 05593AAC3 15,599.92 BMWLT 2023-1 A3 5.16 11/25/2025 5.16% 15,599.92 -- 15,599.92 0.37
Total Principal
Paydown 229,062.46 229,062.46 -- 229,062.46 225.93
TOTAL OTHER
TRANSACTIONS 228,062.46 535,781.96 0.00 535,781.96 225.93 63 | 21
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
CASH & EQUIVALENTS
31846V567 FIRST AMER:GVT OBLG Z
481,584.33
341,046.28
2,748,781.96
(2,608,243.91)
481,584.33
0.00 2,933.27
0.00 2,933.27
0.00 0.00
0.00 2,933.27
2,933.27
CCYUSD Receivable
51,646.41
2,933.27
0.00 0.00
51,646.41
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 Total Cash & Equivalents 533,230.74
343,979.55
2,748,781.96
(2,608,243.91)
533,230.74
0.00 2,933.27
0.00 2,933.27
0.00 0.00
0.00 2,933.27 2,933.27
FIXED INCOME
00440EAV9 CHUBB INA HOLDINGS LLC
3.35 05/03/2026
09/13/2023
09/15/2023
1,000,000.00
954,220.00
0.00 0.00
954,220.00
8,188.89
0.00 10,980.56
2,791.67
0.00 0.00
0.00 2,791.67
2,791.67
009158AY2
AIR PRODUCTS AND
CHEMICALS INC 1.85
05/15/2027
02/09/2024
02/13/2024
1,500,000.00
1,371,945.00
0.00 0.00
1,371,945.00
5,858.33
0.00 8,170.83
2,312.50
0.00 0.00
0.00 2,312.50
2,312.50
023135BC9 AMAZON.COM INC 3.15
08/22/2027
07/30/2024
07/30/2024
1,000,000.00
960,450.00
0.00 0.00
960,450.00
13,912.50
15,750.00
787.50
2,625.00
0.00 0.00
0.00 2,625.00
2,625.00
023135CN4 AMAZON.COM INC 4.6
12/01/2025
11/29/2022
12/01/2022
425,000.00
424,974.50
0.00 0.00
424,974.50
3,258.33
0.00 4,887.50
1,629.17
0.00 0.00
0.00 1,629.17
1,629.17
02582JJT8 AMXCA 2022-2 A 05/17/2027
05/17/2022
05/24/2022
905,000.00
904,799.81
0.00 0.00
904,799.81
1,363.53
2,556.63
1,363.53
2,556.63
0.00 0.00
0.00 2,556.63
2,556.63
64 | 22
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
02582JKH2 AMXCA 2024-1 A 5.23
04/16/2029
04/16/2024
04/23/2024
640,000.00
639,868.80
0.00 0.00
639,868.80
1,487.64
2,789.33
1,487.64
2,789.33
0.00 0.00
0.00 2,789.33
2,789.33
037833BY5 APPLE INC 3.25 02/23/2026
02/22/2023
02/28/2023
1,000,000.00
959,390.00
0.00 0.00
959,390.00
14,263.89
16,250.00
722.22
2,708.33
0.00 0.00
0.00 2,708.33
2,708.33
05593AAC3 BMWLT 2023-1 A3 5.16
11/25/2025
02/07/2023
02/15/2023
106,228.70
121,825.71
0.00 (15,599.55)
106,226.17
104.77
523.86
91.36 510.44
0.00 0.00
0.00 510.44
510.44
05602RAD3 BMWOT 2022-A A3 3.21
08/25/2026
05/10/2022
05/18/2022
181,575.51
199,854.97
0.00 (18,288.90)
181,566.07
106.93
534.64
97.14 524.85
0.00 0.00
0.00 524.85
524.85
05611UAD5 BMWLT 2024-1 A3 4.98
03/25/2027
06/20/2024
06/21/2024
1,000,000.00
994,687.50
0.00 0.00
994,687.50
830.00
4,150.00
830.00
4,150.00
0.00 0.00
0.00 4,150.00
4,150.00
06406RBC0 BANK OF NEW YORK MELLON
CORP 3.35 04/25/2025
04/19/2022
04/26/2022
900,000.00
899,874.00
0.00 0.00
899,874.00
8,040.00
0.00 10,552.50
2,512.50
0.00 0.00
0.00 2,512.50
2,512.50
06428CAA2 BANK OF AMERICA NA 5.526
08/18/2026
09/13/2023
09/15/2023
1,000,000.00
998,810.00
0.00 0.00
998,810.00
25,020.50
27,630.00
1,995.50
4,605.00
0.00 0.00
0.00 4,605.00
4,605.00
09290DAH4 BLACKROCK FUNDING INC 4.6
07/26/2027
07/18/2024
07/26/2024
750,000.00
750,645.00
0.00 0.00
750,645.00
479.17
0.00 3,354.17
2,875.00
0.00 0.00
0.00 2,875.00
2,875.00
096919AD7 BMWOT 2024-A A3 5.18
02/26/2029
06/04/2024
06/11/2024
600,000.00
599,908.86
0.00 0.00
599,908.86
518.00
2,590.00
518.00
2,590.00
0.00 0.00
0.00 2,590.00
2,590.00
65 | 23
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
14913R2V8
CATERPILLAR FINANCIAL
SERVICES CORP 3.4
05/13/2025
05/10/2022
05/13/2022
480,000.00
479,390.40
0.00 0.00
479,390.40
3,536.00
0.00 4,896.00
1,360.00
0.00 0.00
0.00 1,360.00
1,360.00
14913R2Z9
CATERPILLAR FINANCIAL
SERVICES CORP 3.65
08/12/2025
08/08/2022
08/12/2022
1,375,000.00
1,373,336.25
0.00 0.00
1,373,336.25
23,560.24
25,093.75
2,648.78
4,182.29
0.00 0.00
0.00 4,182.29
4,182.29
161571HT4 CHAIT 2023-1 A 5.16
09/15/2028
09/07/2023
09/15/2023
1,320,000.00
1,319,634.10
0.00 0.00
1,319,634.10
3,027.20
5,676.00
3,027.20
5,676.00
0.00 0.00
0.00 5,676.00
5,676.00
17275RBQ4 CISCO SYSTEMS INC 4.8
02/26/2027
02/29/2024
03/04/2024
1,500,000.00
1,500,810.00
0.00 0.00
1,500,810.00
31,000.00
36,000.00
1,000.00
6,000.00
0.00 0.00
0.00 6,000.00
6,000.00
21684XH82
COÖPERATIEVE RABOBANK
U.A., NEW YORK BRANCH 5.9
09/06/2024
09/13/2023
09/14/2023
2,000,000.00
1,999,872.84
0.00 0.00
1,999,872.84
107,838.89
0.00 118,000.00
10,161.11
0.00 0.00
0.00 10,161.11
10,161.11
24422EXF1 JOHN DEERE CAPITAL CORP
4.5 01/08/2027
01/10/2024
01/17/2024
1,000,000.00
999,460.00
0.00 0.00
999,460.00
2,875.00
0.00 6,625.00
3,750.00
0.00 0.00
0.00 3,750.00
3,750.00
26442UAA2 DUKE ENERGY PROGRESS LLC
3.25 08/15/2025
06/23/2022
06/27/2022
1,000,000.00
990,710.00
0.00 0.00
990,710.00
14,986.11
16,250.00
1,444.44
2,708.33
0.00 0.00
0.00 2,708.33
2,708.33
3130AQF40 FEDERAL HOME LOAN BANKS
1.0 12/20/2024
12/21/2021
12/22/2021
1,400,000.00
1,398,768.00
0.00 0.00
1,398,768.00
1,594.44
0.00 2,761.11
1,166.67
0.00 0.00
0.00 1,166.67
1,166.67
3130AVVX7 FEDERAL HOME LOAN BANKS
3.75 06/09/2028
06/07/2023
06/09/2023
1,120,000.00
1,107,243.20
0.00 0.00
1,107,243.20
6,066.67
0.00 9,566.67
3,500.00
0.00 0.00
0.00 3,500.00
3,500.00
66 | 24
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3130AWC24 FEDERAL HOME LOAN BANKS
4.0 06/09/2028
07/06/2023
07/10/2023
2,000,000.00
1,956,940.00
0.00 0.00
1,956,940.00
11,555.56
0.00 18,222.22
6,666.67
0.00 0.00
0.00 6,666.67
6,666.67
3130AWLZ1 FEDERAL HOME LOAN BANKS
4.75 06/12/2026
08/16/2023
08/17/2023
2,000,000.00
1,998,620.00
0.00 0.00
1,998,620.00
12,930.56
0.00 20,847.22
7,916.67
0.00 0.00
0.00 7,916.67
7,916.67
3130AWTQ3 FEDERAL HOME LOAN BANKS
4.625 09/11/2026 4,500,000.00
4,476,030.00
0.00 0.00
4,476,030.00
80,937.50
0.00 98,281.25
17,343.75
0.00 0.00
0.00 17,343.75
17,343.75
3130AXU63 FEDERAL HOME LOAN BANKS
4.625 11/17/2026
11/30/2023
12/01/2023
1,750,000.00
1,754,427.50
0.00 0.00
1,754,427.50
16,637.15
0.00 23,381.94
6,744.79
0.00 0.00
0.00 6,744.79
6,744.79
3130AYPN0 FEDERAL HOME LOAN BANKS
4.125 01/15/2027
01/30/2024
01/31/2024
2,000,000.00
1,995,560.00
0.00 0.00
1,995,560.00
3,666.67
0.00 10,541.67
6,875.00
0.00 0.00
0.00 6,875.00
6,875.00
3130B0TY5 FEDERAL HOME LOAN BANKS
4.75 04/09/2027
04/10/2024
04/15/2024
1,500,000.00
1,496,115.00
0.00 0.00
1,496,115.00
21,770.83
0.00 27,708.33
5,937.50
0.00 0.00
0.00 5,937.50
5,937.50
3133ENKS8
FEDERAL FARM CREDIT
BANKS FUNDING CORP 1.125
01/06/2025
01/06/2022
01/11/2022
755,000.00
753,301.25
0.00 0.00
753,301.25
589.84
0.00 1,297.66
707.81
0.00 0.00
0.00 707.81
707.81
3133ENPG9
FEDERAL FARM CREDIT
BANKS FUNDING CORP 1.75
02/14/2025
02/25/2022
02/28/2022
1,200,000.00
1,197,456.00
0.00 0.00
1,197,456.00
9,741.67
10,500.00
991.67
1,750.00
0.00 0.00
0.00 1,750.00
1,750.00
3133EP6K6
FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.5
03/26/2027
04/08/2024
04/09/2024
1,000,000.00
995,520.00
0.00 0.00
995,520.00
15,625.00
0.00 19,375.00
3,750.00
0.00 0.00
0.00 3,750.00
3,750.00
67 | 25
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3133EPSW6
FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.5
08/14/2026
08/09/2023
08/14/2023
2,405,000.00
2,399,468.50
0.00 0.00
2,399,468.50
50,204.38
54,112.50
5,110.63
9,018.75
0.00 0.00
0.00 9,018.75
9,018.75
3133EPW68
FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.125
01/22/2026
01/24/2024
01/25/2024
1,400,000.00
1,392,860.00
0.00 0.00
1,392,860.00
1,443.75
0.00 6,256.25
4,812.50
0.00 0.00
0.00 4,812.50
4,812.50
3133EPWK7
FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.5
09/22/2028
10/12/2023
10/16/2023
2,000,000.00
1,981,460.00
0.00 0.00
1,981,460.00
32,250.00
0.00 39,750.00
7,500.00
0.00 0.00
0.00 7,500.00
7,500.00
3133EPZY4
FEDERAL FARM CREDIT
BANKS FUNDING CORP 5.0
07/30/2026
11/09/2023
11/10/2023
2,000,000.00
2,007,480.00
0.00 0.00
2,007,480.00
277.78
0.00 8,611.11
8,333.33
0.00 0.00
0.00 8,333.33
8,333.33
3133ERDZ1
FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.75
05/08/2026
05/20/2024
05/21/2024
1,000,000.00
997,690.00
0.00 0.00
997,690.00
10,951.39
0.00 14,909.72
3,958.33
0.00 0.00
0.00 3,958.33
3,958.33
3133ERFJ5
FEDERAL FARM CREDIT
BANKS FUNDING CORP 4.5
05/20/2027
05/20/2024
05/21/2024
1,000,000.00
994,830.00
0.00 0.00
994,830.00
8,875.00
0.00 12,625.00
3,750.00
0.00 0.00
0.00 3,750.00
3,750.00
3137BM7C4 FHMS K-051 A2 3.308
09/25/2025
06/23/2022
06/28/2022
1,192,716.06
1,220,420.23
0.00 (30,220.06)
1,190,200.17
3,371.40
3,371.40
3,287.92
3,287.92
0.00 0.00
0.00 3,287.92
3,287.92
3137BSP72 FHMS K-058 A2 2.653
08/25/2026
02/09/2023
02/14/2023
2,000,000.00
1,890,546.88
0.00 0.00
1,890,546.88
4,421.67
4,421.67
4,421.67
4,421.67
0.00 0.00
0.00 4,421.67
4,421.67
3137BTUM1 FHMS K-061 A2 3.347
11/25/2026
09/22/2022
09/27/2022
884,630.62
854,521.36
0.00 (1,647.59)
852,873.77
2,472.15
2,472.15
2,467.38
2,467.38
0.00 0.00
0.00 2,467.38
2,467.38
68 | 26
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
3137BVZ82 FHMS K-063 A2 3.43
01/25/2027 862,000.00
839,600.51
0.00 0.00
839,600.51
2,463.88
2,463.88
2,463.88
2,463.88
0.00 0.00
0.00 2,463.88
2,463.88
3137F1G44 FHMS K-065 A2 3.243
04/25/2027
09/19/2022
09/22/2022
1,000,000.00
965,468.75
0.00 0.00
965,468.75
2,702.50
2,702.50
2,702.50
2,702.50
0.00 0.00
0.00 2,702.50
2,702.50
3137F4X72 FHMS K-075 A2 3.65
02/25/2028
09/14/2023
09/19/2023
1,165,000.00
1,107,478.13
0.00 0.00
1,107,478.13
3,543.54
3,543.54
3,543.54
3,543.54
0.00 0.00
0.00 3,543.54
3,543.54
3137FBU79 FHMS K-069 A2 3.187
09/25/2027
05/18/2023
05/23/2023
1,247,586.58
1,200,304.57
0.00 (1,890.45)
1,198,414.13
3,318.61
3,318.61
3,313.38
3,313.38
0.00 0.00
0.00 3,313.38
3,313.38
3137FJEH8 FHMS K-081 A2 3.9
08/25/2028
05/28/2024
05/31/2024
1,250,000.00
1,197,265.63
0.00 0.00
1,197,265.63
4,062.50
4,062.50
4,062.50
4,062.50
0.00 0.00
0.00 4,062.50
4,062.50
3137H5YC5 FHMS K-748 A2 2.26
01/25/2029
08/19/2024
08/22/2024
1,500,000.00
0.00 1,385,332.03
0.00 1,385,332.03
0.00 (1,977.50)
2,825.00
847.50
0.00 0.00
0.00 847.50
847.50
341081GN1 FLORIDA POWER & LIGHT CO
4.4 05/15/2028
05/22/2023
05/24/2023
1,500,000.00
1,484,025.00
0.00 0.00
1,484,025.00
13,933.33
0.00 19,433.33
5,500.00
0.00 0.00
0.00 5,500.00
5,500.00
362554AC1 GMCAR 2021-4 A3 0.68
09/16/2026
10/13/2021
10/21/2021
91,381.98
101,682.58
0.00 (10,302.93)
91,379.65
28.81 57.62
25.89 54.70
0.00 0.00
0.00 54.70
54.70 36265WAD5 GMCAR 2022-3 A3 3.64
04/16/2027
07/06/2022
07/13/2022
269,126.25
289,588.48
0.00 (20,464.09)
269,124.39
439.21
878.43
408.17
847.39
0.00 0.00
0.00 847.39
847.39
69 | 27
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
36269FAD8 GMALT 2024-1 A3 5.09
03/22/2027
02/08/2024
02/15/2024
455,000.00
454,943.13
0.00 0.00
454,943.13
707.65
1,929.96
707.65
1,929.96
0.00 0.00
0.00 1,929.96
1,929.96
379929AD4 GMALT 2023-3 A3 5.38
11/20/2026
08/08/2023
08/16/2023
280,000.00
279,966.43
0.00 0.00
279,966.43
460.29
1,255.33
460.29
1,255.33
0.00 0.00
0.00 1,255.33
1,255.33
380146AC4 GMCAR 2022-1 A3 1.26
11/16/2026
01/11/2022
01/19/2022
95,399.00
105,486.64
0.00 (10,095.93)
95,390.71
55.39 110.77
50.08 105.47
0.00 0.00
0.00 105.47
105.47
437076CR1 HOME DEPOT INC 4.0
09/15/2025
09/14/2022
09/19/2022
1,000,000.00
996,380.00
0.00 0.00
996,380.00
15,111.11
0.00 18,444.44
3,333.33
0.00 0.00
0.00 3,333.33
3,333.33
437076DB5 HOME DEPOT INC 4.875
06/25/2027 06/25/2024
740,000.00
738,545.60
0.00 0.00
738,545.60
3,607.50
0.00 6,613.75
3,006.25
0.00 0.00
0.00 3,006.25
3,006.25
437918AC9 HAROT 2024-1 A3 5.21
08/15/2028
02/13/2024
02/21/2024
1,250,000.00
1,249,945.63
0.00 0.00
1,249,945.63
2,894.44
5,427.08
2,894.44
5,427.08
0.00 0.00
0.00 5,427.08
5,427.08
43815GAC3 HAROT 2021-4 A3 0.88
01/21/2026
11/16/2021
11/24/2021
103,440.47
117,874.35
0.00 (14,455.68)
103,418.67
28.82 86.46
25.29 82.93
0.00 0.00
0.00 82.93
82.93 43815PAC3 HAROT 2022-2 A3 3.73
07/20/2026
08/15/2022
08/24/2022
278,364.41
302,256.61
0.00 (23,908.79)
278,347.82
407.15
939.57
374.94
907.36
0.00 0.00
0.00 907.36
907.36
438516CB0 HONEYWELL INTERNATIONAL
INC 1.35 06/01/2025
03/09/2022
03/11/2022
1,000,000.00
970,280.00
0.00 0.00
970,280.00
2,250.00
0.00 3,375.00
1,125.00
0.00 0.00
0.00 1,125.00
1,125.00
70 | 28
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
44934KAC8 HART 2021-B A3 0.38
01/15/2026
07/20/2021
07/28/2021
86,142.99
123,204.85
0.00 (37,080.88)
86,123.97
20.81 39.02
14.55 32.76
0.00 0.00
0.00 32.76
32.76 4581X0DZ8
INTER-AMERICAN
DEVELOPMENT BANK 0.5
09/23/2024
09/15/2021
09/23/2021
1,585,000.00
1,583,827.10
0.00 0.00
1,583,827.10
2,817.78
0.00 3,478.19
660.42
0.00 0.00
0.00 660.42
660.42
459058KT9
INTERNATIONAL BANK FOR
RECONSTRUCTION AND
DEVELOPM 3.5 07/12/2028
07/24/2023
07/26/2023
500,000.00
483,115.00
0.00 0.00
483,115.00
923.61
0.00 2,381.94
1,458.33
0.00 0.00
0.00 1,458.33
1,458.33
47787JAC2 JDOT 2022 A3 0.36
09/15/2026
03/10/2022
03/16/2022
190,402.07
210,808.20
0.00 (20,448.24)
190,359.96
217.41
407.65
196.33
386.56
0.00 0.00
0.00 386.56
386.56
47788UAC6 JDOT 2021 A3 0.36
09/15/2025
03/02/2021
03/10/2021
12,361.09
23,518.00
0.00 (11,159.29)
12,358.71
3.76 7.06
1.98 5.27
0.00 0.00
0.00 5.27
5.27 47789QAC4 JDOT 2021-B A3 0.52
03/16/2026
07/13/2021
07/21/2021
98,489.47
111,754.86
0.00 (13,274.18)
98,480.68
25.83 48.43
22.76 45.36
0.00 0.00
0.00 45.36
45.36 47800RAD5 JDOT 2024 A3 4.96
11/15/2028
03/11/2024
03/19/2024
335,000.00
334,981.24
0.00 0.00
334,981.24
738.49
1,384.67
738.49
1,384.67
0.00 0.00
0.00 1,384.67
1,384.67
48125LRU8 JPMORGAN CHASE BANK NA
5.11 12/08/2026 12/08/2023
1,575,000.00
1,576,460.00
0.00 0.00
1,576,460.00
11,848.81
0.00 18,555.69
6,706.88
0.00 0.00
0.00 6,706.88
6,706.88
532457CP1 ELI LILLY AND CO 4.15
08/14/2027
08/22/2024
08/23/2024
1,250,000.00
0.00 1,251,637.50
0.00 1,251,637.50
0.00 (1,296.88)
2,449.65
1,152.77
0.00 0.00
0.00 1,152.77
1,152.77
71 | 29
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
57629W6F2 MASSMUTUAL GLOBAL
FUNDING II 4.5 04/10/2026
04/04/2023
04/12/2023
750,000.00
749,482.50
0.00 0.00
749,482.50
10,406.25
0.00 13,218.75
2,812.50
0.00 0.00
0.00 2,812.50
2,812.50
58770JAD6 MBALT 2024-A A3 5.32
01/18/2028
05/17/2024
05/23/2024
350,000.00
349,959.05
0.00 0.00
349,959.05
827.56
1,551.67
827.56
1,551.67
0.00 0.00
0.00 1,551.67
1,551.67
58989V2F0 MET TOWER GLOBAL
FUNDING 5.4 06/20/2026
06/12/2023
06/20/2023
1,000,000.00
1,000,440.00
0.00 0.00
1,000,440.00
6,150.00
0.00 10,650.00
4,500.00
0.00 0.00
0.00 4,500.00
4,500.00
61747YET8 MORGAN STANLEY 4.679
07/17/2026
09/14/2022
09/16/2022
1,000,000.00
994,030.00
0.00 0.00
994,030.00
1,819.61
0.00 5,718.78
3,899.17
0.00 0.00
0.00 3,899.17
3,899.17
62479LQ40 MUFG Bank, Ltd. - New York
Branch 03/04/2025
06/07/2024
06/07/2024
2,700,000.00
2,594,902.50
0.00 0.00
2,594,902.50
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 63743HFE7
NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP
3.45 06/15/2025 1,105,000.00
1,099,973.65
0.00 0.00
1,099,973.65
4,871.21
0.00 8,048.08
3,176.88
0.00 0.00
0.00 3,176.88
3,176.88
665859AW4 NORTHERN TRUST CORP 4.0
05/10/2027
09/14/2022
09/16/2022
1,000,000.00
990,460.00
0.00 0.00
990,460.00
9,000.00
0.00 12,333.33
3,333.33
0.00 0.00
0.00 3,333.33
3,333.33
69371RR40 PACCAR FINANCIAL CORP 0.5
08/09/2024
08/03/2021
08/09/2021
0.00 244,867.70
0.00 (244,867.70)
0.00 585.28
612.50
0.00 27.22
0.00 0.00
0.00 27.22
27.22 69371RS56 PACCAR FINANCIAL CORP
5.05 08/10/2026 1,450,000.00
1,451,925.00
0.00 0.00
1,451,925.00
34,781.88
36,612.50
4,271.46
6,102.08
0.00 0.00
0.00 6,102.08
6,102.08
72 | 30
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
713448FW3 PEPSICO INC 5.125
11/10/2026
11/08/2023
11/10/2023
510,000.00
509,862.30
0.00 0.00
509,862.30
5,880.94
0.00 8,059.06
2,178.13
0.00 0.00
0.00 2,178.13
2,178.13
74456QBU9 PUBLIC SERVICE ELECTRIC
AND GAS CO 3.7 05/01/2028
06/22/2023
06/26/2023
750,000.00
715,005.00
0.00 0.00
715,005.00
6,937.50
0.00 9,250.00
2,312.50
0.00 0.00
0.00 2,312.50
2,312.50
78016EYM3 ROYAL BANK OF CANADA 1.6
01/21/2025
01/12/2022
01/21/2022
1,000,000.00
1,000,000.00
0.00 0.00
1,000,000.00
444.44
0.00 1,777.78
1,333.33
0.00 0.00
0.00 1,333.33
1,333.33
78016HZT0 ROYAL BANK OF CANADA
4.875 01/19/2027
01/10/2024
01/19/2024
1,245,000.00
1,244,688.75
0.00 0.00
1,244,688.75
2,023.13
0.00 7,080.94
5,057.81
0.00 0.00
0.00 5,057.81
5,057.81
857477BR3 STATE STREET CORP 1.746
02/06/2026
02/02/2022
02/07/2022
335,000.00
335,000.00
0.00 0.00
335,000.00
2,843.31
2,924.55
406.19
487.43
0.00 0.00
0.00 487.43
487.43
857477CL5 STATE STREET CORP 4.993
03/18/2027
03/13/2024
03/18/2024
1,210,000.00
1,210,000.00
0.00 0.00
1,210,000.00
22,320.10
0.00 27,354.71
5,034.61
0.00 0.00
0.00 5,034.61
5,034.61
89115A2A9 TORONTO-DOMINION BANK
3.766 06/06/2025
06/02/2022
06/08/2022
1,000,000.00
1,001,830.00
0.00 0.00
1,001,830.00
5,753.61
0.00 8,891.94
3,138.33
0.00 0.00
0.00 3,138.33
3,138.33
89233GNX0 Toyota Motor Credit
Corporation 01/31/2025
05/21/2024
05/21/2024
2,000,000.00
1,925,625.00
0.00 0.00
1,925,625.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 89236TKJ3 TOYOTA MOTOR CREDIT
CORP 4.55 09/20/2027
06/20/2024
06/21/2024
1,000,000.00
989,900.00
0.00 0.00
989,900.00
16,556.94
0.00 20,348.61
3,791.67
0.00 0.00
0.00 3,791.67
3,791.67
73 | 31
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
912797KU0 UNITED STATES TREASURY
10/17/2024
04/22/2024
04/23/2024
2,000,000.00
1,949,235.42
0.00 0.00
1,949,235.42
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 912797MA2 UNITED STATES TREASURY
11/05/2024
07/10/2024
07/11/2024
2,750,000.00
2,703,547.34
0.00 0.00
2,703,547.34
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 9128283F5 UNITED STATES TREASURY
2.25 11/15/2027
06/07/2023
06/09/2023
1,400,000.00
1,298,937.50
0.00 0.00
1,298,937.50
6,676.63
0.00 9,330.16
2,653.53
0.00 0.00
0.00 2,653.53
2,653.53
9128285C0 UNITED STATES TREASURY 3.0
09/30/2025 3,250,000.00
3,259,882.81
0.00 0.00
3,259,882.81
32,766.39
0.00 41,024.59
8,258.20
0.00 0.00
0.00 8,258.20
8,258.20
9128285J5 UNITED STATES TREASURY 3.0
10/31/2025
06/23/2022
06/24/2022
2,500,000.00
2,498,632.81
0.00 0.00
2,498,632.81
18,953.80
0.00 25,271.74
6,317.93
0.00 0.00
0.00 6,317.93
6,317.93
9128285M8 UNITED STATES TREASURY
3.125 11/15/2028
04/22/2024
04/23/2024
2,000,000.00
1,870,625.00
0.00 0.00
1,870,625.00
13,247.28
0.00 18,512.23
5,264.95
0.00 0.00
0.00 5,264.95
5,264.95
9128285T3 UNITED STATES TREASURY
2.625 12/31/2025
09/14/2022
09/15/2022
2,500,000.00
2,412,792.97
0.00 0.00
2,412,792.97
5,706.52
0.00 11,234.71
5,528.19
0.00 0.00
0.00 5,528.19
5,528.19
9128286L9 UNITED STATES TREASURY
2.25 03/31/2026
09/14/2022
09/15/2022
2,500,000.00
2,377,832.03
0.00 0.00
2,377,832.03
18,903.69
0.00 23,668.03
4,764.34
0.00 0.00
0.00 4,764.34
4,764.34
912828M56 UNITED STATES TREASURY
2.25 11/15/2025
06/23/2022
06/24/2022
2,500,000.00
2,431,152.34
0.00 0.00
2,431,152.34
11,922.55
0.00 16,661.01
4,738.45
0.00 0.00
0.00 4,738.45
4,738.45
74 | 32
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
912828U24 UNITED STATES TREASURY 2.0
11/15/2026
09/13/2023
09/14/2023
3,000,000.00
2,767,031.25
0.00 0.00
2,767,031.25
12,717.39
0.00 17,771.74
5,054.35
0.00 0.00
0.00 5,054.35
5,054.35
912828YM6 UNITED STATES TREASURY 1.5
10/31/2024
09/24/2021
09/27/2021
1,700,000.00
1,749,273.44
0.00 0.00
1,749,273.44
6,444.29
0.00 8,592.39
2,148.10
0.00 0.00
0.00 2,148.10
2,148.10
912828YX2 UNITED STATES TREASURY
1.75 12/31/2026
12/27/2023
12/28/2023
1,750,000.00
1,641,240.23
0.00 0.00
1,641,240.23
2,663.04
0.00 5,242.87
2,579.82
0.00 0.00
0.00 2,579.82
2,579.82
912828Z52 UNITED STATES TREASURY
1.375 01/31/2025
06/04/2021
06/07/2021
2,000,000.00
2,062,500.00
0.00 0.00
2,062,500.00
74.73 0.00
2,391.30
2,316.58
0.00 0.00
0.00 2,316.58
2,316.58
912828ZC7 UNITED STATES TREASURY
1.125 02/28/2025
02/09/2022
02/10/2022
1,200,000.00
1,183,359.38
0.00 0.00
1,183,359.38
5,649.46
0.00 37.29
(5,612.16)
0.00 0.00
0.00 (5,612.16)
(5,612.16)
912828ZF0 UNITED STATES TREASURY 0.5
03/31/2025
03/03/2021
03/04/2021
2,000,000.00
1,997,031.25
0.00 0.00
1,997,031.25
3,360.66
0.00 4,207.65
846.99
0.00 0.00
0.00 846.99
846.99
912828ZL7 UNITED STATES TREASURY
0.375 04/30/2025
04/12/2021
04/13/2021
2,000,000.00
1,977,343.75
0.00 0.00
1,977,343.75
1,895.38
0.00 2,527.17
631.79
0.00 0.00
0.00 631.79
631.79
912828ZT0 UNITED STATES TREASURY
0.25 05/31/2025
10/14/2021
10/15/2021
1,800,000.00
1,765,757.81
0.00 0.00
1,765,757.81
762.30
0.00 1,143.44
381.15
0.00 0.00
0.00 381.15
381.15
91282CAB7 UNITED STATES TREASURY
0.25 07/31/2025
12/02/2021
12/03/2021
2,000,000.00
1,942,031.25
0.00 0.00
1,942,031.25
13.59 0.00
434.78
421.20
0.00 0.00
0.00 421.20
421.20
75 | 33
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
91282CAJ0 UNITED STATES TREASURY
0.25 08/31/2025
03/22/2022
03/23/2022
1,000,000.00
928,828.13
0.00 0.00
928,828.13
1,046.20
0.00 6.91
(1,039.29)
0.00 0.00
0.00 (1,039.29)
(1,039.29)
91282CCT6 UNITED STATES TREASURY
0.375 08/15/2024
08/26/2021
08/27/2021
0.00 1,995,234.38
0.00 (1,995,234.38)
0.00 3,461.54
3,750.00
0.00 288.46
0.00 0.00
0.00 288.46
288.46
91282CCX7 UNITED STATES TREASURY
0.375 09/15/2024
09/10/2021
09/15/2021
1,800,000.00
1,796,484.38
0.00 0.00
1,796,484.38
2,549.59
0.00 3,118.21
568.61
0.00 0.00
0.00 568.61
568.61
91282CDH1 UNITED STATES TREASURY
0.75 11/15/2024
11/29/2021
11/30/2021
2,000,000.00
1,996,328.13
0.00 0.00
1,996,328.13
3,179.35
0.00 4,442.93
1,263.59
0.00 0.00
0.00 1,263.59
1,263.59
91282CDN8 UNITED STATES TREASURY 1.0
12/15/2024
12/29/2021
12/30/2021
900,000.00
900,386.72
0.00 0.00
900,386.72
1,155.74
0.00 1,918.03
762.30
0.00 0.00
0.00 762.30
762.30
91282CEF4 UNITED STATES TREASURY 2.5
03/31/2027
11/17/2022
11/18/2022
2,500,000.00
2,349,414.06
0.00 0.00
2,349,414.06
21,004.10
0.00 26,297.81
5,293.72
0.00 0.00
0.00 5,293.72
5,293.72
91282CEW7 UNITED STATES TREASURY
3.25 06/30/2027
12/12/2022
12/13/2022
1,300,000.00
1,266,687.50
0.00 0.00
1,266,687.50
3,673.91
0.00 7,233.02
3,559.10
0.00 0.00
0.00 3,559.10
3,559.10
91282CFB2 UNITED STATES TREASURY
2.75 07/31/2027
07/26/2023
07/27/2023
2,000,000.00
1,887,109.38
0.00 0.00
1,887,109.38
149.46
0.00 4,782.61
4,633.15
0.00 0.00
0.00 4,633.15
4,633.15
91282CFH9 UNITED STATES TREASURY
3.125 08/31/2027
01/24/2023
01/25/2023
2,500,000.00
2,445,117.19
0.00 0.00
2,445,117.19
32,693.61
0.00 215.81
(32,477.80)
0.00 0.00
0.00 (32,477.80)
(32,477.80)
76 | 34
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
INCOME EARNED
Cusip Security Description
Trade Date
Settle Date
Units
Book Value: Begin
Book Value: Acq
Book Value: Disp
Book Value: End
Prior Accrued
Inc. Received
Ending Accrued
Total Interest
Accr. Of Discount
Amort. Of Premium
Net Accret/Amort
Income Earned
Total Income
91282CFM8 UNITED STATES TREASURY
4.125 09/30/2027
02/22/2023
02/28/2023
1,600,000.00
1,595,500.00
0.00 0.00
1,595,500.00
22,180.33
0.00 27,770.49
5,590.16
0.00 0.00
0.00 5,590.16
5,590.16
91282CGV7 UNITED STATES TREASURY
3.75 04/15/2026
03/20/2024
03/21/2024
2,000,000.00
1,965,703.13
0.00 0.00
1,965,703.13
22,131.15
0.00 28,483.61
6,352.46
0.00 0.00
0.00 6,352.46
6,352.46
91324PDE9 UNITEDHEALTH GROUP INC
2.95 10/15/2027
07/30/2024
07/31/2024
1,250,000.00
1,189,300.00
0.00 0.00
1,189,300.00
10,857.64
0.00 13,930.56
3,072.92
0.00 0.00
0.00 3,072.92
3,072.92
Total Fixed Income 148,614,845.18
145,774,737.97
2,636,969.53
(2,468,938.61)
145,942,768.89
1,035,292.64
301,511.85
1,057,946.27
324,165.48
0.00 0.00
0.00 324,165.48 324,165.48
TOTAL PORTFOLIO 149,148,075.92
146,118,717.52
5,385,751.49
(5,077,182.52)
146,475,999.63
1,035,292.64
304,445.12
1,057,946.27
327,098.75
0.00 0.00
0.00 327,098.75 327,098.75
77 | 35
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount SEPTEMBER 2024
09/06/2024 Coupon 21684XH82 2,000,000.00 COÖPERATIEVE RABOBANK U.A., NEW YORK BRANCH 5.9 09/06/2024 119,638.89 119,638.89
09/06/2024 Final Maturity 21684XH82 2,000,000.00 COÖPERATIEVE RABOBANK U.A., NEW YORK BRANCH 5.9 09/06/2024 2,000,000.00 2,000,000.00
09/11/2024 Coupon 3130AWTQ3 4,500,000.00 FEDERAL HOME LOAN BANKS 4.625 09/11/2026 104,062.50 104,062.50
09/16/2024 Coupon 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 2,556.63 2,556.63 09/16/2024 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 09/16/2024 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 09/16/2024 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 52.96 52.96 09/16/2024 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 9,375.66 9,375.66 09/16/2024 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 793.98 793.98 09/16/2024 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 19,256.80 19,256.80 09/16/2024 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 100.56 100.56 09/16/2024 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 9,194.11 9,194.11 09/16/2024 Coupon 437076CR1 1,000,000.00 HOME DEPOT INC 4.0 09/15/2025 20,000.00 20,000.00 09/16/2024 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 09/16/2024 Coupon 44934KAC8 86,142.99 HART 2021-B A3 0.38 01/15/2026 42.35 42.35 09/16/2024 Principal Paydown 44934KAC8 86,142.99 HART 2021-B A3 0.38 01/15/2026 34,895.42 34,895.42 09/16/2024 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 364.94 364.94 09/16/2024 Principal Paydown 47787JAC2
190,402.07 JDOT 2022 A3 0.36 09/15/2026 17,532.92 17,532.92 09/16/2024 Coupon 47788UAC6 12,361.09 JDOT 2021 A3 0.36 09/15/2025 3.71 3.71 09/16/2024 Principal Paydown 47788UAC6 12,361.09 JDOT 2021 A3 0.36 09/15/2025 10,151.33 10,151.33 09/16/2024 Coupon 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 42.68 42.68 09/16/2024 Principal Paydown 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 10,348.20 10,348.20 09/16/2024 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 09/16/2024 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 09/16/2024 Coupon 91282CCX7 1,800,000.00 UNITED STATES TREASURY 0.375 09/15/2024 3,375.00 3,375.00 09/16/2024 Final Maturity 91282CCX7 1,800,000.00 UNITED STATES TREASURY 0.375 09/15/2024 1,800,000.00 1,800,000.00 09/18/2024 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 862.41 862.41 09/18/2024 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 22,689.50 22,689.50 78 | 36
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 09/18/2024 Coupon 857477CL5 1,210,000.00 STATE STREET CORP 4.993 03/18/2027 30,207.65 30,207.65 09/20/2024 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 09/20/2024 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 1,255.33 1,255.33 09/20/2024 Coupon 89236TKJ3 1,000,000.00 TOYOTA MOTOR CREDIT CORP 4.55 09/20/2027 22,750.00 22,750.00 09/23/2024 Coupon 3133EPWK7 2,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.5 09/22/2028 45,000.00 45,000.00
09/23/2024 Coupon 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 75.86 75.86 09/23/2024 Principal Paydown 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 13,124.03 13,124.03 09/23/2024 Coupon 4581X0DZ8 1,585,000.00 INTER-AMERICAN DEVELOPMENT BANK 0.5 09/23/2024 3,962.50 3,962.50
09/23/2024 Final Maturity 4581X0DZ8 1,585,000.00 INTER-AMERICAN DEVELOPMENT BANK 0.5 09/23/2024 1,585,000.00 1,585,000.00
09/25/2024 Coupon 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 433.11 433.11 09/25/2024 Principal Paydown 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 19,374.63 19,374.63 09/25/2024 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 484.05 484.05 09/25/2024 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 17,453.27 17,453.27 09/25/2024 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 09/25/2024 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 09/25/2024 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,287.92 3,287.92 09/25/2024 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 09/25/2024 Coupon 3137BTUM1 884,630.62
FHMS K-061 A2 3.347 11/25/2026 2,467.38 2,467.38
09/25/2024 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.89 2,463.89 09/25/2024 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 09/25/2024 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 09/25/2024 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,313.38 3,313.38 09/25/2024 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 09/25/2024 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 09/26/2024 Coupon 3133EP6K6 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.5 03/26/2027 22,500.00 22,500.00
09/30/2024 Coupon 9128285C0 3,250,000.00 UNITED STATES TREASURY 3.0 09/30/2025 48,750.00 48,750.00 09/30/2024 Coupon 9128286L9 2,500,000.00 UNITED STATES TREASURY 2.25 03/31/2026 28,125.00 28,125.00 09/30/2024 Coupon 912828ZF0 2,000,000.00 UNITED STATES TREASURY 0.5 03/31/2025 5,000.00 5,000.0079 | 37
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 09/30/2024 Coupon 91282CEF4 2,500,000.00 UNITED STATES TREASURY 2.5 03/31/2027 31,250.00 31,250.00 09/30/2024 Coupon 91282CFM8 1,600,000.00 UNITED STATES TREASURY 4.125 09/30/2027 33,000.00 33,000.00 September 2024
Total 5,568,395.87 579,276.76 6,147,672.64
OCTOBER 2024
10/09/2024 Coupon 3130B0TY5 1,500,000.00 FEDERAL HOME LOAN BANKS 4.75 04/09/2027 35,229.17 35,229.17 10/10/2024 Coupon 57629W6F2 750,000.00 MASSMUTUAL GLOBAL FUNDING II 4.5 04/10/2026 16,875.00 16,875.00
10/15/2024 Coupon 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 2,556.63 2,556.63 10/15/2024 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 10/15/2024 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 10/15/2024 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 10/15/2024 Coupon 44934KAC8 86,142.99 HART 2021-B A3 0.38 01/15/2026 25.20 25.20 10/15/2024 Principal Paydown 44934KAC8 86,142.99 HART 2021-B A3 0.38 01/15/2026 33,603.41 33,603.41 10/15/2024 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 331.04 331.04 10/15/2024 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 19,393.34 19,393.34 10/15/2024 Coupon 47788UAC6 12,361.09 JDOT 2021 A3 0.36 09/15/2025 0.66 0.66 10/15/2024 Effective Maturity 47788UAC6 12,361.09 JDOT 2021 A3 0.36 09/15/2025 2,209.76 2,209.76 10/15/2024 Coupon 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 38.19 38.19 10/15/2024 Principal Paydown 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 11,396.44 11,396.44 10/15/2024 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 10/15/2024 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 10/15/2024 Coupon 91282CGV7 2,000,000.00 UNITED STATES TREASURY 3.75 04/15/2026 37,500.00 37,500.00 10/15/2024 Coupon 91324PDE9 1,250,000.00 UNITEDHEALTH GROUP INC 2.95 10/15/2027 18,437.50 18,437.50 10/16/2024 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 47.65 47.65 10/16/2024 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 9,017.58 9,017.58 10/16/2024 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 735.57 735.57 10/16/2024 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 18,387.03 18,387.03 10/16/2024 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 90.91 90.91 10/16/2024 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 8,824.91 8,824.91 10/17/2024 Final Maturity 912797KU0 2,000,000.00 UNITED STATES TREASURY 10/17/2024 2,000,000.00 2,000,000.00 10/18/2024 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 791.88 791.88 80 | 38
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 10/18/2024 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 21,826.51 21,826.51 10/21/2024 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 10/21/2024 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 1,255.33 1,255.33 10/21/2024 Coupon 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 66.23 66.23 10/21/2024 Principal Paydown 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 12,629.59 12,629.59 10/25/2024 Coupon 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 349.80 349.80 10/25/2024 Principal Paydown 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 18,199.97 18,199.97 10/25/2024 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 437.36 437.36 10/25/2024 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 16,651.83 16,651.83 10/25/2024 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 10/25/2024 Coupon 06406RBC0 900,000.00 BANK OF NEW YORK MELLON CORP 3.35 04/25/2025 15,075.00 15,075.00
10/25/2024 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 10/25/2024 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,281.25 3,281.25 10/25/2024 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 2,580.72 2,580.72 10/25/2024 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 10/25/2024 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,462.60 2,462.60 10/25/2024 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 1,825.51 1,825.51 10/25/2024 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 10/25/2024 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 10/25/2024 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 10/25/2024 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,308.14 3,308.14 10/25/2024 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 2,117.56 2,117.56 10/25/2024 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 10/25/2024 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 10/31/2024 Coupon 9128285J5 2,500,000.00 UNITED STATES TREASURY 3.0 10/31/2025 37,500.00 37,500.00 10/31/2024 Coupon 912828YM6 1,700,000.00 UNITED STATES TREASURY 1.5 10/31/2024 12,750.00 12,750.00 10/31/2024 Final Maturity 912828YM6 1,700,000.00 UNITED STATES TREASURY 1.5 10/31/2024 1,700,000.00 1,700,000.00 10/31/2024 Coupon 912828ZL7 2,000,000.00 UNITED STATES TREASURY 0.375 04/30/2025 3,750.00 3,750.00 October 2024
Total 3,878,664.15 238,413.07 4,117,077.23
NOVEMBER 2024
81 | 39
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 11/01/2024 Coupon 74456QBU9 750,000.00 PUBLIC SERVICE ELECTRIC AND GAS CO 3.7 05/01/2028 13,875.00 13,875.00
11/04/2024 Coupon 00440EAV9 1,000,000.00 CHUBB INA HOLDINGS LLC 3.35 05/03/2026 16,750.00 16,750.00 11/05/2024 Final Maturity 912797MA2 2,750,000.00 UNITED STATES TREASURY 11/05/2024 2,750,000.00 2,750,000.00 11/08/2024 Coupon 3133ERDZ1 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.75 05/08/2026 23,750.00 23,750.00
11/12/2024 Coupon 665859AW4 1,000,000.00 NORTHERN TRUST CORP 4.0 05/10/2027 20,000.00 20,000.00 11/12/2024 Coupon 713448FW3 510,000.00 PEPSICO INC 5.125 11/10/2026 13,068.75 13,068.75 11/13/2024 Coupon 14913R2V8 480,000.00 CATERPILLAR FINANCIAL SERVICES CORP 3.4 05/13/2025 8,160.00 8,160.00
11/15/2024 Coupon 009158AY2 1,500,000.00 AIR PRODUCTS AND CHEMICALS INC 1.85 05/15/2027 13,875.00 13,875.00
11/15/2024 Coupon 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 2,556.63 2,556.63 11/15/2024 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 11/15/2024 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 11/15/2024 Coupon 341081GN1 1,500,000.00 FLORIDA POWER & LIGHT CO 4.4 05/15/2028 33,000.00 33,000.00 11/15/2024 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 11/15/2024 Coupon 44934KAC8 86,142.99 HART 2021-B A3 0.38 01/15/2026 8.68 8.68 11/15/2024 Effective Maturity 44934KAC8 86,142.99 HART 2021-B A3 0.38 01/15/2026 17,644.15 17,644.15 11/15/2024 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 293.55 293.55 11/15/2024 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 20,792.39 20,792.39 11/15/2024 Coupon 47789QAC4
98,489.47 JDOT 2021-B A3 0.52 03/16/2026 33.26 33.26
11/15/2024 Principal Paydown 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 13,503.33 13,503.33 11/15/2024 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 11/15/2024 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 11/15/2024 Coupon 9128283F5 1,400,000.00 UNITED STATES TREASURY 2.25 11/15/2027 15,750.00 15,750.00 11/15/2024 Coupon 9128285M8 2,000,000.00 UNITED STATES TREASURY 3.125 11/15/2028 31,250.00 31,250.00 11/15/2024 Coupon 912828M56 2,500,000.00 UNITED STATES TREASURY 2.25 11/15/2025 28,125.00 28,125.00 11/15/2024 Coupon 912828U24 3,000,000.00 UNITED STATES TREASURY 2.0 11/15/2026 30,000.00 30,000.00 11/15/2024 Coupon 91282CDH1 2,000,000.00 UNITED STATES TREASURY 0.75 11/15/2024 7,500.00 7,500.00 11/15/2024 Final Maturity 91282CDH1 2,000,000.00 UNITED STATES TREASURY 0.75 11/15/2024 2,000,000.00 2,000,000.00 11/18/2024 Coupon 3130AXU63 1,750,000.00 FEDERAL HOME LOAN BANKS 4.625 11/17/2026 40,468.75 40,468.75
82 | 40
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 11/18/2024 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 42.54 42.54 11/18/2024 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 8,810.65 8,810.65 11/18/2024 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 679.79 679.79 11/18/2024 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 17,936.52 17,936.52 11/18/2024 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 81.64 81.64 11/18/2024 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 8,621.69 8,621.69 11/18/2024 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 724.03 724.03 11/18/2024 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 21,291.14 21,291.14 11/20/2024 Coupon 3133ERFJ5 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.5 05/20/2027 22,500.00 22,500.00
11/20/2024 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 11/20/2024 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 1,255.33 1,255.33 11/21/2024 Coupon 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 56.97 56.97 11/21/2024 Principal Paydown 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 12,280.00 12,280.00 11/25/2024 Coupon 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 271.54 271.54 11/25/2024 Principal Paydown 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 19,245.20 19,245.20 11/25/2024 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 392.81 392.81 11/25/2024 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 16,140.71 16,140.71 11/25/2024 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 11/25/2024 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 11/25/2024 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,274.13 3,274.13 11/25/2024 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 2,435.78 2,435.78 11/25/2024 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 11/25/2024 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,457.51 2,457.51 11/25/2024 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 1,725.72 1,725.72 11/25/2024 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 11/25/2024 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 11/25/2024 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 11/25/2024 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,302.51 3,302.51 11/25/2024 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 1,987.88 1,987.88 11/25/2024 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 11/25/2024 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 83 | 41
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount November 2024
Total 4,912,415.13 379,021.40 5,291,436.54
DECEMBER 2024
12/02/2024 Coupon 023135CN4 425,000.00 AMAZON.COM INC 4.6 12/01/2025 9,775.00 9,775.00 12/02/2024 Coupon 438516CB0 1,000,000.00 HONEYWELL INTERNATIONAL INC 1.35 06/01/2025 6,750.00 6,750.00
12/02/2024 Coupon 912828ZT0 1,800,000.00 UNITED STATES TREASURY 0.25 05/31/2025 2,250.00 2,250.00 12/06/2024 Coupon 89115A2A9 1,000,000.00 TORONTO-DOMINION BANK 3.766 06/06/2025 18,830.00 18,830.00 12/09/2024 Coupon 3130AVVX7 1,120,000.00 FEDERAL HOME LOAN BANKS 3.75 06/09/2028 21,000.00 21,000.00 12/09/2024 Coupon 3130AWC24 2,000,000.00 FEDERAL HOME LOAN BANKS 4.0 06/09/2028 40,000.00 40,000.00 12/09/2024 Coupon 48125LRU8 1,575,000.00 JPMORGAN CHASE BANK NA 5.11 12/08/2026 40,241.25 40,241.25 12/12/2024 Coupon 3130AWLZ1 2,000,000.00 FEDERAL HOME LOAN BANKS 4.75 06/12/2026 47,500.00 47,500.00 12/16/2024 Coupon 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 2,556.63 2,556.63 12/16/2024 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 12/16/2024 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 12/16/2024 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 37.54 37.54 12/16/2024 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 8,393.09 8,393.09 12/16/2024 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 625.39 625.39 12/16/2024 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 16,891.79 16,891.79 12/16/2024 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 72.59 72.59 12/16/2024 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 8,173.35 8,173.35 12/16/2024 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 12/16/2024 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 253.35 253.35 12/16/2024 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 14,834.06 14,834.06 12/16/2024 Coupon 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 27.40 27.40 12/16/2024 Principal Paydown 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 9,610.51 9,610.51 12/16/2024 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 12/16/2024 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 12/16/2024 Coupon 63743HFE7 1,105,000.00 NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORP 3.45 06/15/2025 19,061.25 19,061.25
12/16/2024 Coupon 91282CDN8 900,000.00 UNITED STATES TREASURY 1.0 12/15/2024 4,500.00 4,500.00 12/16/2024 Final Maturity 91282CDN8 900,000.00 UNITED STATES TREASURY 1.0 12/15/2024 900,000.00 900,000.00 84 | 42
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 12/18/2024 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 657.85 657.85 12/18/2024 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 20,304.44 20,304.44 12/20/2024 Coupon 3130AQF40 1,400,000.00 FEDERAL HOME LOAN BANKS 1.0 12/20/2024 7,000.00 7,000.00 12/20/2024 Final Maturity 3130AQF40 1,400,000.00 FEDERAL HOME LOAN BANKS 1.0 12/20/2024 1,400,000.00 1,400,000.00 12/20/2024 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 12/20/2024 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 1,255.33 1,255.33 12/20/2024 Coupon 58989V2F0 1,000,000.00 MET TOWER GLOBAL FUNDING 5.4 06/20/2026 27,000.00 27,000.00 12/23/2024 Coupon 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 47.97 47.97 12/23/2024 Principal Paydown 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 11,734.75 11,734.75 12/25/2024 Coupon 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 188.78 188.78 12/25/2024 Principal Paydown 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 19,826.06 19,826.06 12/25/2024 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 349.64 349.64 12/25/2024 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 15,272.04 15,272.04 12/25/2024 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 12/25/2024 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 12/25/2024 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,267.42 3,267.42 12/25/2024 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 2,595.10 2,595.10 12/25/2024 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 12/25/2024 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,452.70 2,452.70 12/25/2024 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 1,836.46 1,836.46 12/25/2024 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 12/25/2024 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 12/25/2024 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 12/25/2024 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,297.23 3,297.23 12/25/2024 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 2,130.53 2,130.53 12/25/2024 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 12/25/2024 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 12/26/2024 Coupon 437076DB5 740,000.00 HOME DEPOT INC 4.875 06/25/2027 18,037.50 18,037.50 12/31/2024 Coupon 9128285T3 2,500,000.00 UNITED STATES TREASURY 2.625 12/31/2025 32,812.50 32,812.50 12/31/2024 Coupon 912828YX2 1,750,000.00 UNITED STATES TREASURY 1.75 12/31/2026 15,312.50 15,312.50 12/31/2024 Coupon 91282CEW7 1,300,000.00 UNITED STATES TREASURY 3.25 06/30/2027 21,125.00 21,125.00 85 | 43
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount December 2024
Total 2,431,602.17 391,802.80 2,823,404.97
JANUARY 2025
01/06/2025 Coupon 3133ENKS8 755,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
1.125 01/06/2025 4,246.88 4,246.88
01/06/2025 Final Maturity 3133ENKS8 755,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
1.125 01/06/2025 755,000.00 755,000.00
01/08/2025 Coupon 24422EXF1 1,000,000.00 JOHN DEERE CAPITAL CORP 4.5 01/08/2027 22,500.00 22,500.00 01/13/2025 Coupon 459058KT9 500,000.00 INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPM 3.5 07/12/2028 8,750.00 8,750.00
01/15/2025 Coupon 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 2,556.63 2,556.63 01/15/2025 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 01/15/2025 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 01/15/2025 Coupon 3130AYPN0 2,000,000.00 FEDERAL HOME LOAN BANKS 4.125 01/15/2027 41,250.00 41,250.00
01/15/2025 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 01/15/2025 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 224.67 224.67 01/15/2025 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 17,401.32 17,401.32 01/15/2025 Coupon 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 23.24 23.24 01/15/2025 Principal Paydown 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 17,342.18 17,342.18 01/15/2025 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 01/15/2025 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 01/16/2025 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 32.79 32.79 01/16/2025 Principal Paydown 362554AC1 91,381.98
GMCAR 2021-4 A3 0.68 09/16/2026 8,234.20 8,234.20
01/16/2025 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 574.15 574.15 01/16/2025 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 16,538.15 16,538.15 01/16/2025 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 64.01 64.01 01/16/2025 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 8,024.85 8,024.85 01/17/2025 Coupon 61747YET8 1,000,000.00 MORGAN STANLEY 4.679 07/17/2026 23,395.00 23,395.00 01/20/2025 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 01/20/2025 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 1,255.33 1,255.33 01/20/2025 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 594.74 594.74 01/20/2025 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 19,891.32 19,891.32 86 | 44
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 01/21/2025 Coupon 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 39.36 39.36 01/21/2025 Principal Paydown 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 11,431.53 11,431.53 01/21/2025 Coupon 78016EYM3 1,000,000.00 ROYAL BANK OF CANADA 1.6 01/21/2025 8,000.00 8,000.00 01/21/2025 Final Maturity 78016EYM3 1,000,000.00 ROYAL BANK OF CANADA 1.6 01/21/2025 1,000,000.00 1,000,000.00 01/21/2025 Coupon 78016HZT0 1,245,000.00 ROYAL BANK OF CANADA 4.875 01/19/2027 30,346.88 30,346.88 01/22/2025 Coupon 3133EPW68 1,400,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.125 01/22/2026 28,875.00 28,875.00
01/27/2025 Coupon 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 103.53 103.53 01/27/2025 Principal Paydown 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 18,793.87 18,793.87 01/27/2025 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 308.78 308.78 01/27/2025 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 14,853.43 14,853.43 01/27/2025 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 01/27/2025 Coupon 09290DAH4 750,000.00 BLACKROCK FUNDING INC 4.6 07/26/2027 17,250.00 17,250.00 01/27/2025 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 01/27/2025 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,260.27 3,260.27 01/27/2025 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 2,450.98 2,450.98 01/27/2025 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 01/27/2025 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,447.57 2,447.57 01/27/2025 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 1,737.11 1,737.11 01/27/2025 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 01/27/2025 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 01/27/2025 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 01/27/2025 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,291.58 3,291.58 01/27/2025 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 2,001.37 2,001.37 01/27/2025 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 01/27/2025 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 01/30/2025 Coupon 3133EPZY4 2,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
5.0 07/30/2026 50,000.00 50,000.00
01/31/2025 Final Maturity 89233GNX0 2,000,000.00 Toyota Motor Credit Corporation 01/31/2025 2,000,000.00 2,000,000.00 01/31/2025 Coupon 912828Z52 2,000,000.00 UNITED STATES TREASURY 1.375 01/31/2025 13,750.00 13,750.00 01/31/2025 Final Maturity 912828Z52 2,000,000.00 UNITED STATES TREASURY 1.375 01/31/2025 2,000,000.00 2,000,000.00 01/31/2025 Coupon 91282CAB7 2,000,000.00 UNITED STATES TREASURY 0.25 07/31/2025 2,500.00 2,500.00 87 | 45
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 01/31/2025 Coupon 91282CFB2 2,000,000.00 UNITED STATES TREASURY 2.75 07/31/2027 27,500.00 27,500.00 January 2025 Total 5,893,700.31 338,658.37 6,232,358.68 FEBRUARY 2025
02/06/2025 Coupon 857477BR3 335,000.00 STATE STREET CORP 1.746 02/06/2026 2,924.55 2,924.55 02/06/2025 Effective Maturity 857477BR3 335,000.00 STATE STREET CORP 1.746 02/06/2026 335,000.00 335,000.00 02/10/2025 Coupon 69371RS56 1,450,000.00 PACCAR FINANCIAL CORP 5.05 08/10/2026 36,612.50 36,612.50 02/12/2025 Coupon 14913R2Z9 1,375,000.00 CATERPILLAR FINANCIAL SERVICES CORP 3.65 08/12/2025 25,093.75 25,093.75
02/14/2025 Coupon 3133ENPG9 1,200,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
1.75 02/14/2025 10,500.00 10,500.00
02/14/2025 Final Maturity 3133ENPG9 1,200,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
1.75 02/14/2025 1,200,000.00 1,200,000.00
02/14/2025 Coupon 3133EPSW6 2,405,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.5 08/14/2026 54,112.50 54,112.50
02/14/2025 Coupon 532457CP1 1,250,000.00 ELI LILLY AND CO 4.15 08/14/2027 25,937.50 25,937.50 02/17/2025 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 02/17/2025 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 28.12 28.12 02/17/2025 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 8,116.23 8,116.23 02/17/2025 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 523.98 523.98 02/17/2025 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 16,300.83 16,300.83 02/17/2025 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 55.58 55.58 02/17/2025 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 7,918.19 7,918.19 02/17/2025 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08
02/17/2025 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 191.03 191.03 02/17/2025 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 13,163.52 13,163.52 02/17/2025 Coupon 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 15.73 15.73 02/17/2025 Principal Paydown 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 15,373.84 15,373.84 02/17/2025 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 02/17/2025 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 02/18/2025 Coupon 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 2,556.63 2,556.63 02/18/2025 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 02/18/2025 Coupon 06428CAA2 1,000,000.00 BANK OF AMERICA NA 5.526 08/18/2026 27,630.00 27,630.00 88 | 46
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 02/18/2025 Coupon 26442UAA2 1,000,000.00 DUKE ENERGY PROGRESS LLC 3.25 08/15/2025 16,250.00 16,250.00 02/18/2025 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 532.91 532.91 02/18/2025 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 19,555.31 19,555.31 02/20/2025 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 02/20/2025 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 1,255.33 1,255.33 02/20/2025 Principal Paydown 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 14,574.70 14,574.70 02/21/2025 Coupon 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 30.98 30.98 02/21/2025 Principal Paydown 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 11,177.96 11,177.96 02/24/2025 Coupon 023135BC9 1,000,000.00 AMAZON.COM INC 3.15 08/22/2027 15,750.00 15,750.00 02/24/2025 Coupon 037833BY5 1,000,000.00 APPLE INC 3.25 02/23/2026 16,250.00 16,250.00 02/25/2025 Coupon 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 22.72 22.72 02/25/2025 Effective Maturity 05593AAC3 106,228.70 BMWLT 2023-1 A3 5.16 11/25/2025 5,283.06 5,283.06 02/25/2025 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 269.05 269.05 02/25/2025 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 13,598.48 13,598.48 02/25/2025 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 02/25/2025 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 02/25/2025 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,253.51 3,253.51 02/25/2025 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 17,850.26 17,850.26 02/25/2025 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 02/25/2025 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,442.73 2,442.73 02/25/2025 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 1,742.66 1,742.66 02/25/2025 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 02/25/2025 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 02/25/2025 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 02/25/2025 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,286.26 3,286.26 02/25/2025 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 2,007.92 2,007.92 02/25/2025 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 02/25/2025 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 02/26/2025 Coupon 17275RBQ4 1,500,000.00 CISCO SYSTEMS INC 4.8 02/26/2027 36,000.00 36,000.00 02/28/2025 Coupon 912828ZC7 1,200,000.00 UNITED STATES TREASURY 1.125 02/28/2025 6,750.00 6,750.00 02/28/2025 Final Maturity 912828ZC7 1,200,000.00 UNITED STATES TREASURY 1.125 02/28/2025 1,200,000.00 1,200,000.00 02/28/2025 Coupon 91282CAJ0 1,000,000.00 UNITED STATES TREASURY 0.25 08/31/2025 1,250.00 1,250.00 89 | 47
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 02/28/2025 Coupon 91282CFH9 2,500,000.00 UNITED STATES TREASURY 3.125 08/31/2027 39,062.50 39,062.50 February 2025
Total 2,881,662.95 374,105.83 3,255,768.79
MARCH 2025
03/04/2025 Final Maturity 62479LQ40 2,700,000.00 MUFG Bank, Ltd. - New York Branch 03/04/2025 2,700,000.00 2,700,000.00
03/11/2025 Coupon 3130AWTQ3 4,500,000.00 FEDERAL HOME LOAN BANKS 4.625 09/11/2026 104,062.50 104,062.50
03/17/2025 Coupon 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 2,556.63 2,556.63 03/17/2025 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 03/17/2025 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 03/17/2025 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 23.52 23.52 03/17/2025 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 7,903.54 7,903.54 03/17/2025 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 474.54 474.54 03/17/2025 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 15,022.32 15,022.32 03/17/2025 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 47.27 47.27 03/17/2025 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 7,683.91 7,683.91 03/17/2025 Coupon 437076CR1 1,000,000.00 HOME DEPOT INC 4.0 09/15/2025 20,000.00 20,000.00 03/17/2025 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 03/17/2025 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 165.58 165.58 03/17/2025 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 10,754.60 10,754.60 03/17/2025 Coupon 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 9.06
9.06 03/17/2025 Principal Paydown 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 12,940.09 12,940.09 03/17/2025 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 03/17/2025 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 03/18/2025 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 472.13 472.13 03/18/2025 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 18,991.51 18,991.51 03/18/2025 Coupon 857477CL5 1,210,000.00 STATE STREET CORP 4.993 03/18/2027 30,207.65 30,207.65 03/20/2025 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 03/20/2025 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 1,189.99 1,189.99 03/20/2025 Principal Paydown 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 22,098.36 22,098.36 03/20/2025 Coupon 89236TKJ3 1,000,000.00 TOYOTA MOTOR CREDIT CORP 4.55 09/20/2027 22,750.00 22,750.00 90 | 48
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 03/21/2025 Coupon 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 22.78 22.78 03/21/2025 Principal Paydown 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 10,828.99 10,828.99 03/24/2025 Coupon 3133EPWK7 2,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.5 09/22/2028 45,000.00 45,000.00
03/25/2025 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 232.68 232.68 03/25/2025 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 12,690.29 12,690.29 03/25/2025 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 03/25/2025 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 03/25/2025 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,204.30 3,204.30 03/25/2025 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 2,876.58 2,876.58 03/25/2025 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 03/25/2025 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,437.87 2,437.87 03/25/2025 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,062.01 2,062.01 03/25/2025 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 03/25/2025 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 03/25/2025 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 03/25/2025 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,280.93 3,280.93 03/25/2025 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 2,420.73 2,420.73 03/25/2025 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 03/25/2025 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 03/26/2025 Coupon 3133EP6K6 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.5 03/26/2027 22,500.00 22,500.00
03/31/2025 Coupon 9128285C0 3,250,000.00 UNITED STATES TREASURY 3.0 09/30/2025 48,750.00 48,750.00 03/31/2025 Coupon 9128286L9 2,500,000.00 UNITED STATES TREASURY 2.25 03/31/2026 28,125.00 28,125.00 03/31/2025 Coupon 912828ZF0 2,000,000.00 UNITED STATES TREASURY 0.5 03/31/2025 5,000.00 5,000.00 03/31/2025 Final Maturity 912828ZF0 2,000,000.00 UNITED STATES TREASURY 0.5 03/31/2025 2,000,000.00 2,000,000.00 03/31/2025 Coupon 91282CEF4 2,500,000.00 UNITED STATES TREASURY 2.5 03/31/2027 31,250.00 31,250.00 03/31/2025 Coupon 91282CFM8 1,600,000.00 UNITED STATES TREASURY 4.125 09/30/2027 33,000.00 33,000.00 March 2025 Total 4,826,272.92 450,280.39 5,276,553.31
APRIL 2025
04/09/2025 Coupon 3130B0TY5 1,500,000.00 FEDERAL HOME LOAN BANKS 4.75 04/09/2027 35,625.00 35,625.0091 | 49
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 04/10/2025 Coupon 57629W6F2 750,000.00 MASSMUTUAL GLOBAL FUNDING II 4.5 04/10/2026 16,875.00 16,875.00
04/15/2025 Coupon 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 2,556.63 2,556.63 04/15/2025 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 04/15/2025 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 04/15/2025 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 04/15/2025 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 144.78 144.78 04/15/2025 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 13,675.78 13,675.78 04/15/2025 Coupon 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 3.46 3.46 04/15/2025 Effective Maturity 47789QAC4 98,489.47 JDOT 2021-B A3 0.52 03/16/2026 7,974.87 7,974.87 04/15/2025 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 04/15/2025 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 04/15/2025 Coupon 91282CGV7 2,000,000.00 UNITED STATES TREASURY 3.75 04/15/2026 37,500.00 37,500.00 04/15/2025 Coupon 91324PDE9 1,250,000.00 UNITEDHEALTH GROUP INC 2.95 10/15/2027 18,437.50 18,437.50 04/16/2025 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 19.04 19.04 04/16/2025 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 8,127.29 8,127.29 04/16/2025 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 428.97 428.97 04/16/2025 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 15,481.01 15,481.01 04/16/2025 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 39.20 39.20 04/16/2025 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 7,940.03 7,940.03 04/18/2025 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 413.10 413.10 04/18/2025 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 19,289.17 19,289.17 04/21/2025 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 04/21/2025 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 1,090.92 1,090.92 04/21/2025 Principal Paydown 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 37,433.99 37,433.99 04/21/2025 Coupon 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 14.84 14.84 04/21/2025 Principal Paydown 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 10,866.83 10,866.83 04/25/2025 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 198.73 198.73 04/25/2025 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 12,711.60 12,711.60 04/25/2025 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 04/25/2025 Coupon 06406RBC0 900,000.00 BANK OF NEW YORK MELLON CORP 3.35 04/25/2025 15,075.00 15,075.0092
| 50
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 04/25/2025 Final Maturity 06406RBC0 900,000.00 BANK OF NEW YORK MELLON CORP 3.35 04/25/2025 900,000.00 900,000.00
04/25/2025 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 04/25/2025 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,196.37 3,196.37 04/25/2025 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 25,084.07 25,084.07 04/25/2025 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 04/25/2025 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,432.12 2,432.12 04/25/2025 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 1,754.87 1,754.87 04/25/2025 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 04/25/2025 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 04/25/2025 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 04/25/2025 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,274.50 3,274.50 04/25/2025 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 2,022.47 2,022.47 04/25/2025 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 04/25/2025 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 04/30/2025 Coupon 9128285J5 2,500,000.00 UNITED STATES TREASURY 3.0 10/31/2025 37,500.00 37,500.00 04/30/2025 Coupon 912828ZL7 2,000,000.00 UNITED STATES TREASURY 0.375 04/30/2025 3,750.00 3,750.00 04/30/2025 Final Maturity 912828ZL7 2,000,000.00 UNITED STATES TREASURY 0.375 04/30/2025 2,000,000.00 2,000,000.00 April 2025 Total 3,062,361.98 224,093.12 3,286,455.11
MAY 2025
05/01/2025 Coupon 74456QBU9 750,000.00 PUBLIC SERVICE ELECTRIC AND GAS CO 3.7 05/01/2028 13,875.00 13,875.00
05/05/2025 Coupon 00440EAV9 1,000,000.00 CHUBB INA HOLDINGS LLC 3.35 05/03/2026 16,750.00 16,750.00 05/08/2025 Coupon 3133ERDZ1 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.75 05/08/2026 23,750.00 23,750.00
05/12/2025 Coupon 665859AW4 1,000,000.00 NORTHERN TRUST CORP 4.0 05/10/2027 20,000.00 20,000.00 05/12/2025 Coupon 713448FW3 510,000.00 PEPSICO INC 5.125 11/10/2026 13,068.75 13,068.75 05/13/2025 Coupon 14913R2V8 480,000.00 CATERPILLAR FINANCIAL SERVICES CORP 3.4 05/13/2025 8,160.00 8,160.00
05/13/2025 Final Maturity 14913R2V8 480,000.00 CATERPILLAR FINANCIAL SERVICES CORP 3.4 05/13/2025 480,000.00 480,000.00
05/15/2025 Coupon 009158AY2 1,500,000.00 AIR PRODUCTS AND CHEMICALS INC 1.85 05/15/2027 13,875.00 13,875.00
93 | 51
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 05/15/2025 Coupon 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 2,556.63 2,556.63 05/15/2025 Final Maturity 02582JJT8 905,000.00 AMXCA 2022-2 A 05/17/2027 905,000.00 905,000.00 05/15/2025 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 05/15/2025 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 05/15/2025 Coupon 341081GN1 1,500,000.00 FLORIDA POWER & LIGHT CO 4.4 05/15/2028 33,000.00 33,000.00 05/15/2025 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 05/15/2025 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 118.35 118.35 05/15/2025 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 12,552.25 12,552.25 05/15/2025 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 05/15/2025 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 05/15/2025 Coupon 9128283F5 1,400,000.00 UNITED STATES TREASURY 2.25 11/15/2027 15,750.00 15,750.00 05/15/2025 Coupon 9128285M8 2,000,000.00 UNITED STATES TREASURY 3.125 11/15/2028 31,250.00 31,250.00 05/15/2025 Coupon 912828M56 2,500,000.00 UNITED STATES TREASURY 2.25 11/15/2025 28,125.00 28,125.00 05/15/2025 Coupon 912828U24 3,000,000.00 UNITED STATES TREASURY 2.0 11/15/2026 30,000.00 30,000.00 05/16/2025 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 14.44 14.44 05/16/2025 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 7,860.04 7,860.04 05/16/2025 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 382.01 382.01 05/16/2025 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 14,821.82 14,821.82 05/16/2025 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 30.86 30.86 05/16/2025 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 7,642.65 7,642.65 05/19/2025 Coupon 3130AXU63 1,750,000.00 FEDERAL HOME LOAN BANKS 4.625 11/17/2026 40,468.75 40,468.75
05/19/2025 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 353.14 353.14 05/19/2025 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 18,604.75 18,604.75 05/20/2025 Coupon 3133ERFJ5 1,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.5 05/20/2027 22,500.00 22,500.00
05/20/2025 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 05/20/2025 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 923.09 923.09 05/20/2025 Principal Paydown 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 35,327.85 35,327.85 05/21/2025 Coupon 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 6.87 6.87 05/21/2025 Effective Maturity 43815GAC3 103,440.47 HAROT 2021-4 A3 0.88 01/21/2026 9,366.81 9,366.81 05/26/2025 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 164.73 164.73 94 | 52
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 05/26/2025 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 12,202.34 12,202.34 05/26/2025 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 05/26/2025 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 05/26/2025 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,127.22 3,127.22 05/26/2025 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 21,059.06 21,059.06 05/26/2025 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 05/26/2025 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,427.22 2,427.22 05/26/2025 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 1,864.61 1,864.61 05/26/2025 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 05/26/2025 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 05/26/2025 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 05/26/2025 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,269.13 3,269.13 05/26/2025 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 2,163.97 2,163.97 05/26/2025 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 05/26/2025 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 May 2025 Total 1,528,466.16 369,464.15 1,897,930.31
JUNE 2025
06/02/2025 Coupon 023135CN4 425,000.00 AMAZON.COM INC 4.6 12/01/2025 9,775.00 9,775.00 06/02/2025 Coupon 438516CB0 1,000,000.00 HONEYWELL INTERNATIONAL INC 1.35 06/01/2025 6,750.00 6,750.00
06/02/2025 Final Maturity 438516CB0 1,000,000.00 HONEYWELL INTERNATIONAL INC 1.35 06/01/2025 1,000,000.00 1,000,000.00
06/02/2025 Coupon 912828ZT0 1,800,000.00 UNITED STATES TREASURY 0.25 05/31/2025 2,250.00 2,250.00 06/02/2025 Final Maturity 912828ZT0 1,800,000.00 UNITED STATES TREASURY 0.25 05/31/2025 1,800,000.00 1,800,000.00 06/06/2025 Coupon 89115A2A9 1,000,000.00 TORONTO-DOMINION BANK 3.766 06/06/2025 18,830.00 18,830.00 06/06/2025 Final Maturity 89115A2A9 1,000,000.00 TORONTO-DOMINION BANK 3.766 06/06/2025 1,000,000.00 1,000,000.00 06/09/2025 Coupon 3130AVVX7 1,120,000.00 FEDERAL HOME LOAN BANKS 3.75 06/09/2028 21,000.00 21,000.00 06/09/2025 Coupon 3130AWC24 2,000,000.00 FEDERAL HOME LOAN BANKS 4.0 06/09/2028 40,000.00 40,000.00 06/09/2025 Coupon 48125LRU8 1,575,000.00 JPMORGAN CHASE BANK NA 5.11 12/08/2026 40,241.25 40,241.25 06/12/2025 Coupon 3130AWLZ1 2,000,000.00 FEDERAL HOME LOAN BANKS 4.75 06/12/2026 47,500.00 47,500.00 06/16/2025 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 06/16/2025 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 95 | 53
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 06/16/2025 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 9.98 9.98 06/16/2025 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 7,517.37 7,517.37 06/16/2025 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 337.05 337.05 06/16/2025 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 14,552.88 14,552.88 06/16/2025 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 22.84 22.84 06/16/2025 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 7,507.52 7,507.52 06/16/2025 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 06/16/2025 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 94.08 94.08 06/16/2025 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 10,156.88 10,156.88 06/16/2025 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 06/16/2025 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 06/16/2025 Coupon 63743HFE7 1,105,000.00 NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORP 3.45 06/15/2025 19,061.25 19,061.25
06/16/2025 Final Maturity 63743HFE7 1,105,000.00 NATIONAL RURAL UTILITIES COOPERATIVE FINANCE CORP 3.45 06/15/2025 1,105,000.00 1,105,000.00
06/18/2025 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 295.31 295.31 06/18/2025 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 16,659.10 16,659.10 06/20/2025 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 06/20/2025 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 764.70 764.70 06/20/2025 Principal Paydown 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 32,071.83 32,071.83
06/20/2025 Coupon 58989V2F0 1,000,000.00 MET TOWER GLOBAL FUNDING 5.4 06/20/2026 27,000.00 27,000.00 06/25/2025 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 132.08 132.08 06/25/2025 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 11,913.44 11,913.44 06/25/2025 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 06/25/2025 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 06/25/2025 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 3,069.17 3,069.17 06/25/2025 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 107,556.78 107,556.78 06/25/2025 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 06/25/2025 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,422.02 2,422.02 06/25/2025 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 1,766.44 1,766.44 06/25/2025 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 06/25/2025 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 96 | 54
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 06/25/2025 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 06/25/2025 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,263.38 3,263.38 06/25/2025 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 2,036.19 2,036.19 06/25/2025 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 06/25/2025 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 06/25/2025 Coupon 437076DB5 740,000.00 HOME DEPOT INC 4.875 06/25/2027 18,037.50 18,037.50 06/30/2025 Coupon 9128285T3 2,500,000.00 UNITED STATES TREASURY 2.625 12/31/2025 32,812.50 32,812.50 06/30/2025 Coupon 912828YX2 1,750,000.00 UNITED STATES TREASURY 1.75 12/31/2026 15,312.50 15,312.50 06/30/2025 Coupon 91282CEW7 1,300,000.00 UNITED STATES TREASURY 3.25 06/30/2027 21,125.00 21,125.00 June 2025 Total 5,116,738.43 375,623.60 5,492,362.02
JULY 2025
07/08/2025 Coupon 24422EXF1 1,000,000.00 JOHN DEERE CAPITAL CORP 4.5 01/08/2027 22,500.00 22,500.00 07/14/2025 Coupon 459058KT9 500,000.00 INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPM 3.5 07/12/2028 8,750.00 8,750.00
07/15/2025 Coupon 02582JKH2 640,000.00 AMXCA 2024-1 A 5.23 04/16/2029 2,789.33 2,789.33 07/15/2025 Coupon 161571HT4 1,320,000.00 CHAIT 2023-1 A 5.16 09/15/2028 5,676.00 5,676.00 07/15/2025 Coupon 3130AYPN0 2,000,000.00 FEDERAL HOME LOAN BANKS 4.125 01/15/2027 41,250.00 41,250.00
07/15/2025 Coupon 437918AC9 1,250,000.00 HAROT 2024-1 A3 5.21 08/15/2028 5,427.08 5,427.08 07/15/2025 Coupon 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 74.44 74.44 07/15/2025 Principal Paydown 47787JAC2 190,402.07 JDOT 2022 A3 0.36 09/15/2026 12,031.21 12,031.21 07/15/2025 Coupon 47800RAD5 335,000.00 JDOT 2024 A3 4.96 11/15/2028 1,384.67 1,384.67 07/15/2025 Coupon 58770JAD6 350,000.00 MBALT 2024-A A3 5.32 01/18/2028 1,551.85 1,551.85 07/16/2025 Coupon 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 5.72 5.72 07/16/2025 Principal Paydown 362554AC1 91,381.98 GMCAR 2021-4 A3 0.68 09/16/2026 7,221.92 7,221.92 07/16/2025 Coupon 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 292.91 292.91 07/16/2025 Principal Paydown 36265WAD5 269,126.25 GMCAR 2022-3 A3 3.64 04/16/2027 14,277.55 14,277.55 07/16/2025 Coupon 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 14.95 14.95 07/16/2025 Principal Paydown 380146AC4 95,399.00 GMCAR 2022-1 A3 1.26 11/16/2026 7,369.14 7,369.14 07/17/2025 Coupon 61747YET8 1,000,000.00 MORGAN STANLEY 4.679 07/17/2026 23,395.00 23,395.00 07/17/2025 Effective Maturity 61747YET8 1,000,000.00 MORGAN STANLEY 4.679 07/17/2026 1,000,000.00 1,000,000.00 07/18/2025 Coupon 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 243.53 243.53 97 | 55
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount 07/18/2025 Principal Paydown 43815PAC3 278,364.41 HAROT 2022-2 A3 3.73 07/20/2026 16,298.70 16,298.70 07/21/2025 Coupon 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 1,929.96 1,929.96 07/21/2025 Principal Paydown 36269FAD8 455,000.00 GMALT 2024-1 A3 5.09 03/22/2027 37,330.83 37,330.83 07/21/2025 Coupon 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 620.91 620.91 07/21/2025 Principal Paydown 379929AD4 280,000.00 GMALT 2023-3 A3 5.38 11/20/2026 30,676.28 30,676.28 07/21/2025 Coupon 78016HZT0 1,245,000.00 ROYAL BANK OF CANADA 4.875 01/19/2027 30,346.88 30,346.88 07/22/2025 Coupon 3133EPW68 1,400,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
4.125 01/22/2026 28,875.00 28,875.00
07/25/2025 Coupon 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 100.22 100.22 07/25/2025 Principal Paydown 05602RAD3 181,575.51 BMWOT 2022-A A3 3.21 08/25/2026 11,609.25 11,609.25 07/25/2025 Coupon 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 4,150.00 4,150.00 07/25/2025 Principal Paydown 05611UAD5 1,000,000.00 BMWLT 2024-1 A3 4.98 03/25/2027 75,882.60 75,882.60 07/25/2025 Coupon 096919AD7 600,000.00 BMWOT 2024-A A3 5.18 02/26/2029 2,590.00 2,590.00 07/25/2025 Coupon 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 2,772.67 2,772.67 07/25/2025 Principal Paydown 3137BM7C4 1,192,716.06 FHMS K-051 A2 3.308 09/25/2025 201,933.82 201,933.82 07/25/2025 Coupon 3137BSP72 2,000,000.00 FHMS K-058 A2 2.653 08/25/2026 4,421.67 4,421.67 07/25/2025 Coupon 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 2,417.09 2,417.09 07/25/2025 Principal Paydown 3137BTUM1 884,630.62 FHMS K-061 A2 3.347 11/25/2026 1,875.79 1,875.79 07/25/2025 Coupon 3137BVZ82 862,000.00 FHMS K-063 A2 3.43 01/25/2027 2,463.88 2,463.88 07/25/2025 Coupon 3137F1G44 1,000,000.00 FHMS K-065 A2 3.243 04/25/2027 2,702.50 2,702.50 07/25/2025 Coupon 3137F4X72 1,165,000.00 FHMS K-075 A2 3.65 02/25/2028 3,543.54 3,543.54 07/25/2025 Coupon 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 3,257.97 3,257.97 07/25/2025 Principal Paydown 3137FBU79 1,247,586.58 FHMS K-069 A2 3.187 09/25/2027 2,177.23 2,177.23 07/25/2025 Coupon 3137FJEH8 1,250,000.00 FHMS K-081 A2 3.9 08/25/2028 4,062.50 4,062.50 07/25/2025 Coupon 3137H5YC5 1,500,000.00 FHMS K-748 A2 2.26 01/25/2029 2,825.00 2,825.00 07/28/2025 Coupon 09290DAH4 750,000.00 BLACKROCK FUNDING INC 4.6 07/26/2027 17,250.00 17,250.00 07/30/2025 Coupon 3133EPZY4 2,000,000.00 FEDERAL FARM CREDIT BANKS FUNDING CORP
5.0 07/30/2026 50,000.00 50,000.00
07/31/2025 Coupon 91282CAB7 2,000,000.00 UNITED STATES TREASURY 0.25 07/31/2025 2,500.00 2,500.00 07/31/2025 Final Maturity 91282CAB7 2,000,000.00 UNITED STATES TREASURY 0.25 07/31/2025 2,000,000.00 2,000,000.00 07/31/2025 Coupon 91282CFB2 2,000,000.00 UNITED STATES TREASURY 2.75 07/31/2027 27,500.00 27,500.00 July 2025 Total 3,418,684.32 307,685.28 3,726,369.59
98 | 56
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
CASH FLOW REPORT
Payment Date Transaction Type CUSIP Quantity Security Description Principal Amount Income Total Amount Grand Total 511,786,887.78 43,518,964.40 4,028,424.79 47,547,389.18 99 | 57
Murrieta Consolidated | Account | As of August 31, 2024 Execution Time: 09/04/2024 01:18:28 PM Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747
IMPORTANT DISCLOSURES
Chandler Asset Management, Inc. (“Chandler”) is an SEC registered investment adviser. For additional information about our firm, please see our current disclosures (Form ADV).
To obtain a copy of our current disclosures, you may contact your client service representative by calling the number on the front of this statement or you may visit our website at www.chandlerasset.com.
Information contained in this monthly statement is confidential and is provided for informational purposes only and should not be construed as specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of this statement, but may become outdated or superseded at any time without notice.
Custody: Your qualified custodian bank maintains control of all assets reflected in this statement and we urge you to compare this statement to the one you receive from your qualified custodian. Chandler does not have any authority to withdraw or deposit funds from/to the custodian account.
Valuation: Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.
Performance: Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.
Source ice Data Indices, LLC (“ICE”), used with permission. ICE PERMITS USE OF THE ICE INDICES AND RELATED DATA ON AN “AS IS” BASIS; ICE, ITS AFFILIATES AND
THEIR RESPECTIVE THIRD PARTY SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS AND/OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, INCLUDING THE INDICES, INDEX DATA AND ANY DATA INCLUDED IN, RELATED TO, OR DERIVED THEREFROM.
NEITHER ICE DATA, ITS AFFILIATES OR THEIR RESPECTIVE THIRD PARTY PROVIDERS GUARANTEE THE QUALITY , ADEQUACY , ACCURACY , TIMELINESS OR COMPLETENESS OF THE INDICES OR THE INDEX DATA OR ANY COMPONENT THEREOF, AND THE INDICES AND INDEX DATA AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND LICENSEE’S USE IS AT LICENSEE’S OWN RISK. ICE DATA, ITS AFFILIATES AND THEIR RESPECTIVE THIRD PARTY DO NOT SPONSOR, ENDORSE, OR RECOMMEND CHANDLER, OR ANY OF ITS PRODUCTS OR SERVICES.
Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.
Ratings: Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.
Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P , Moody’s and Fitch respectively. 100
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
September 23, 2024
LAIF Home
PMIA Average Monthly
Yields
CITY OF MURRIETA
FINANCE DIRECTOR
1 TOWNE SQUARE
MURRIETA, CA 92562
Tran Type Definitions
0.00 Beginning Balance: 1,932,232.00
Account Number:
August 2024 Statement
Account Summary
Total Deposit:
Total Withdrawal: 0.00 Ending Balance: 1,932,232.00
9/23/24, 10:55 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1101
STAGECOACH SWEEP
WELLS FARGO BANK, N.A.
THIS STATEMENT COVERS 08/01/2024 THROUGH 08/31/2024
FOR QUESTIONS, PLEASE CALL YOUR CUSTOMER SERVICE OFFICER OR CUSTOMER CARE FOR BUSINESS (CC4B) SERVICE OFFICE AT 1-800-AT-WELLS (1-800-289-3557).
ALLSPRING GOVERNMENT FUND SELECT CLS
Transaction Detail
Date Description Amount
8-01-2024 Beginning Balance 122,250,321.35
8-01-2024 Sweep Funds Return To DDA 669,844.02
8-02-2024 Next Day Sweep Purchase 937,718.59
8-05-2024 Next Day Sweep Purchase 7,311.12
8-06-2024 Sweep Funds Return To DDA 153,782.90
8-07-2024 Sweep Funds Return To DDA 2,509,309.83
8-08-2024 Next Day Sweep Purchase 393,261.98
8-09-2024 Sweep Funds Return To DDA 303,022.67
8-12-2024 Sweep Funds Return To DDA 517,147.99
8-13-2024 Sweep Funds Return To DDA 206,114.51
8-14-2024 Sweep Funds Return To DDA 186,751.74
8-15-2024 Sweep Funds Return To DDA 79,647.68
8-16-2024 Next Day Sweep Purchase 682,411.15
8-19-2024 Sweep Funds Return To DDA 62,197.88
8-20-2024 Sweep Funds Return To DDA 6,514,894.11
8-21-2024 Sweep Funds Return To DDA 2,113,336.25
8-22-2024 Sweep Funds Return To DDA 61,603.22
8-23-2024 Next Day Sweep Purchase 277,038.89
8-26-2024 Next Day Sweep Purchase 499,169.17
8-27-2024 Next Day Sweep Purchase 4,312,561.60
8-28-2024 Sweep Funds Return To DDA 211,497.72
8-29-2024 Next Day Sweep Purchase 144,576.14
8-30-2024 Sweep Funds Return To DDA 44,279.15
8-31-2024 Ending Balance 115,870,940.32
Daily Balance Information
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 08-01 121,580,477.33 5.235 % .000143430 17,438.29
08-02 122,518,195.92 5.226 % .000143203 17,544.97
08-03* 122,518,195.92 5.226 % .000143203 17,544.97
08-04* 122,518,195.92 5.226 % .000143203 17,544.97
08-05 122,525,507.04 5.224 % .000143148 17,539.28
CITY OF MURRIETA
GENERAL OPERATING ACCOUNT
1 TOWN SQ
MURRIETA CA 92562-7922
Account Number - DDA
FUND SUMMARY
Dividends Earned YTD 3,953,950.11
Federal Withholding YTD .00
7-Day Simple Yield 5.22049 %
Federal Withholding .00
Beginning Balance 122,250,321.35
Shares Purchased 7,254,048.64 +
Shares Redeemed 13,633,429.67 -
Ending Balance 115,870,940.32
Prior Month Dividends Paid to Checking 537,318.61
Dividends Earned in Current Month 522,102.70
Funds Pending Investment 329,060.25
102
STAGECOACH SWEEP
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 08-06 122,371,724.14 5.217 % .000142953 17,493.41
08-07 119,862,414.31 5.218 % .000142964 17,136.01
08-08 120,255,676.29 5.221 % .000143052 17,202.82
08-09 119,952,653.62 5.223 % .000143098 17,164.98
08-10* 119,435,505.63 5.223 % .000143098 17,090.98
08-11* 119,435,505.63 5.223 % .000143098 17,090.98
08-12 119,435,505.63 5.224 % .000143125 17,094.21
08-13 119,229,391.12 5.227 % .000143228 17,076.99
08-14 119,042,639.38 5.221 % .000143052 17,029.29
08-15 118,962,991.70 5.221 % .000143051 17,017.77
08-16 119,645,402.85 5.223 % .000143098 17,121.02
08-17* 119,583,204.97 5.223 % .000143098 17,112.12
08-18* 119,583,204.97 5.223 % .000143098 17,112.12
08-19 119,583,204.97 5.219 % .000143009 17,101.47
08-20 113,068,310.86 5.219 % .000142998 16,168.54
08-21 110,954,974.61 5.216 % .000142915 15,857.13
08-22 110,893,371.39 5.225 % .000143151 15,874.50
08-23 111,170,410.28 5.223 % .000143121 15,910.82
08-24* 111,170,410.28 5.223 % .000143121 15,910.82
08-25* 111,170,410.28 5.223 % .000143121 15,910.82
08-26 111,669,579.45 5.229 % .000143269 15,998.79
08-27 115,982,141.05 5.233 % .000143384 16,629.98
08-28 115,770,643.33 5.235 % .000143435 16,605.56
08-29 115,915,219.47 5.253 % .000143919 16,682.40
08-30 115,870,940.32 5.212 % .000142817 16,548.34
08-31* 115,870,940.32 5.212 % .000142817 16,548.34
TOTAL MTD 522,102.69
* Indicates non-business day
THANK YOU FOR BANKING WITH WELLS FARGO.
MONEY MARKET MUTUAL FUNDS (EACH, A "MMMF") ARE NOT FDIC INSURED, HAVE NO BANK GUARANTY AND MAY LOSE VALUE.
An Investment in a MMMF is not insured by the Federal Deposit Insurance Corporation or any other government agency. Although the MMMF's seek to preserve the value of customer's investment at $1.00 per share, it is possible to lose money by investing in a MMMF.
Allspring Funds Management, LLC, a wholly owned subsidiary of Allspring Global Investments Holdings, LLC ("Allspring Global"), provides investment advisory and administrative services for the Allspring Funds?. Other subsidiaries of Allspring Global provide sub-advisory and other services for the funds. The funds are distributed by Allspring Funds Distributor, LLC, Member FINRA/SIPC, a subsidiary of Allspring Global.
This material must be accompanied or preceded by a current prospectus for name of the Fund(s) selected. Please read the prospectus carefully before investing.
08/01/2024 - 08/31/2024
Account Number - DDA
1643979121
103
CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 4.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
Second Reading of Ordinance No. 611-24 Amending City Council Compensation
RECOMMENDATION
Conduct the second reading and adopt Ordinance No. 611-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending the Compensation of the City Council.
PRIOR ACTION/VOTE
On December 7, 2010, the City Council adopted Ordinance No. 445-10, Establishing Limits on City Council Compensation as Memorialized in Murrieta Municipal Code Section 2.04.050 (Vote: 4-0-1).
On December 15, 2020, the City Council adopted Ordinance No. 562-20, Establishing Limits on City Council Compensation (Vote: 4-0).
On November 1, 2022, the City Council introduced Ordinance No. 585-22, Amending the Compensation of the City Council (Vote: 5-0).
On November 15, 2022, the City Council conducted the second reading. It adopted Ordinance No. 585-22, Amending the Compensation of the City Council, to establish an updated limit on City Council Compensation in accordance with both Murrieta Municipal Code 2.04.050 and Government Code Section 36516, increasing the City Council compensation to $1,246.94 per month, effective January 1, 2023 (Vote: 4-0).
On October 1, 2024, the City Council introduced Ordinance No. 611-24, Amending the Compensation of the City Council (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
CITY OF MURRIETA Printed on 10/10/2024Page 1 of 2
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10/15/2024
Agenda Item No. 4.
BACKGROUND
On November 2, 2010, registered voters of the City of Murrieta voted to enact a compensation plan for the City Council. Commonly known as Measure D, the resulting Murrieta Municipal Code (MMC) Section 2.04.050 establishes a stipend for Council Members limited to fifteen percent (15%) of the median family income of the people of Murrieta. Furthermore, Government Code Section 36516 permits the compensation of Council Members to be increased at a rate not to exceed 5% for each calendar year from the operative date of the last adjustment, which in the case of Murrieta was 2022. Following the provisions of MMC Section 2.04.050, the Council is eligible for a compensation increase of $1,537.38 per month, an increase of $290.44, which does not exceed the maximum allowed under State law.
Per the provisions of Government Code Section 36516.5, a change in compensation does not apply to a Council Member during his or her term in office. However, compensation for all members of the City Council may be adjusted whenever one or more members become eligible for an increase by virtue of beginning a new term of office.
On October 1, 2024, the City Council introduced and conducted the first reading of Ordinance No. 611-24 (Attachment 1). The proposed Ordinance would amend the compensation received by the City Council in accordance with applicable law.
FISCAL IMPACT
Anticipating an effective date of January 1, 2025, the total fiscal impact associated with a City Council compensation increase for all five City Council Members for the remainder of the Fiscal Year 2024/25 is $9,229.73, including the costs for Medicare, workers’compensation insurance, and PARS associated with this pay increase. The fiscal impact will be included as part of the FY 2024/25 mid-year budget update.
ATTACHMENTS
1. Ordinance No. 611-24
CITY OF MURRIETA Printed on 10/10/2024Page 2 of 2
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105
01375.0001/1019660.1
ORDINANCE NO. 611-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, AMENDING THE COMPENSATION OF THE CITY
COUNCIL
Summary: This ordinance amends the compensation rate for members of the City Council, effective January 1, 2025.
WHEREAS, Government Code section 36516 sets the maximum rate of compensation of council members for cities with a population between 75,000 and 150,000 at $1 ,900.00 a month and permits that amount to be increased at a rate not to exceed 5% for each calendar year from the operative date of the last adjustment; and
WHEREAS, On November 2, 2010, City of Murrieta (“City”) voters passed Measure D, placing limits on City Council members compensation to 15% of the City’s annual median/family income; and
WHEREAS, the City’s Municipal Code section 2.04.050(A) establishes a stipend for City Council members limited to fifteen percent (15%) of the median family/household income; and
WHEREAS, on November 15, 2022, the City Council adopted Ordinance No. 585-22, which increased the monthly stipend from $1,134.20 to $1,246.94 , which was approximately a 9.94% increase; and
WHEREAS, the 2024 base figure for median family income in Murrieta is $122,990 per year, as shown in the attached Median Family Income Study prepared by The Retail Coach (Exhibit 1), fifteen percent of which is $1,537.38 per month; and
WHEREAS, the fifteen percent (15%) of the median family/household income of $1,537.38 per month does not exceed the maximum amount permitted under State law; and
WHEREAS, Government Code section 36516.5 restricts council member compensation adjustments to the beginning of a new term in office for one or more members.
NOW, THEREFORE, THE CITY COUNCIL OF MURRIETA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. CITY COUNCIL COMPENSATION.
Effective January 1, 202 5, t he base monthly stipend for the City Council is increased from $1,246.94 to $1,537.38, pursuant to the provisions of Government Code section 36516 and the City’s Municipal Code section 2.04.050.
106
01375.0001/1019660.1
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect thirty (30) days after its adoption.
SECTION 3. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 4. NOTICE OF ADOPTION.
The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.
PASSED AND ADOPTED this 15th day of October, 2024.
Lori Stone, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany J. Israel, City Attorney
107
01375.0001/1019660.1
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 Ordinance No. 611-24 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 15th day of October, 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
Certificate of Publication
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that the summary of Ordinance No. 611-24 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following dates:
Introduced Ordinance:
Adopted Ordinance:
In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2024.
Cristal McDonald, City Clerk
108
July19th, 2024
ScottAgajanianDirectorofEconomicDevelopmentCityofMurrieta1TownSquareMurrieta, CA92562 Dear Mr. Agajanian,
TheRetail Coach, LLChasbeenengagedbytheCityof Murrietatoprovidethebest estimateofcurrent familyincomefor residentsof theCity. Historically, third-partyvendorsof demographicdatatypicallyincludedthesestatisticsintheir demographicreports. However, beginningwiththe2010Census, that statisticisnolonger collectedintheCensusform. It isnowestimatedbytheCensusBureaubasedontheresultsof theongoingAmericanCommunitySurveyandnolongerprovidedbythird-partydemographicvendors.
Inthecaseof theCityof Murrieta, incomeestimatesarebasedontheresultsof thesurveysof28,001 familieswithinthecommunity, collectedover the2018-2022period. Thedatahasbeenadjustedtoprovideafigurein2022inflation-adjusteddollars, andtheresultsof thesurveyinMurrietahaveamarginof error of 8.18%for medianfamilyincomeand7.37%for averagefamilyincome.
Toarriveat accuratefiguresfor 2024, TheRetail Coach, LLChasadjustedthestatisticsusingtheConsumer PriceIndex-All UrbanWageEarnersfor theU.S., whichincreasesthebase-year figuresby3.0%toJune2024(themost-recent monthfor whichthestatisticisavailable.) Asshowninthetablefollowing, in2022, thebasefigurefor medianfamilyincomeinMurrietais$119,408. Withthemarginof error factoredin, thefigurecouldrangefrom$102,444to$136,372.
TheRetail Coach| 86ClarkBlvd, Tupelo, MS38804| 662.844.2155 109
CITYOFMURRIETA, CALIFORNIACURRENTFAMILYINCOMEESTIMATES
IncomeStatistic
2022BaseFigure*
MarginofError +/-
LowEstimate
HighEstimate
Figurein2024**
Low2024**
High2024**
MedianFamilyIncome,Past 12Months
$119,408 $16,964 $102,444 $136,372 $122,990 $112,935 $133,046 *BasefigurecalculatedbytheU.S. CensusBureauin2022inflation-adjusteddollars, representinganaverageofresponsestotheU.S. CensusBureau, AmericanCommunitySurveyover the2018-2022period.**Adjustedfrom2022to2024utilizingU.S. Consumer PriceIndex-All UrbanWageEarners.Sources: U.S. CensusBureau, AmericanConsumer Survey(retrievedJuly2024); TheRetail Coach, LLC.
Pleasecontact usif youhaveanyquestionsabout thedatasourcesor methodologyutilizedinthisanalysis. Theattachedchart isanexport of thedatapulledfromtheU.S. CensusBureauAmericanFactFinder website.
Thankyou,
CharlesParkerProjectDirector-TheRetail Coach, LLC
DISCLAIMER
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TheRetail Coach, LLChasusedreasonableskill andcareinpreparingthisreport, andwhiletheinformationcontainedhereinisbelievetobereliable, TheRetail Coach, LLCdoesnot guaranteeor warrant itsaccuracyor completeness. TheRetail Coach, LLCshall not beresponsiblenor liablefor anylossof profit, business,revenuesor anyspecial indirect or consequential damageof anynaturewhatsoever, or lossof anticipatedsaving, or for anyincreasedcostssustainedbytheclient or his/her agentsarisinginanyway, whetherdirectlyor indirectly, asaresult of relianceonthisreport or of anyerror or defect herein. TheRetail Coach,LLCmakesnowarrantywhatsoever, either expressor implied, astotheaccuracyof anydatausedinpreparingthisreport includingbut not limitedtoanyprojectionscontainedinthisreport whicharenecessarilyof asubjectivenatureandsubject touncertainty. Thefindings, conclusionsandrecommendationsset forthinthisreport constituteonlyTheRetail Coach, LLC’sopinionastolikelyfuturetrendsor eventsbasedoninformationknowntoTheRetail Coach, LLCat thedateof issuanceof thisreport.
Thisreport isintendedfor useonlybytheclient for whomit waspreparedandshall not bequotedor madepublicinanywaywithout TheRetail Coach, LLC’swrittenconsent. TheRetail Coach, LLCshall not inanycircumstancewhatsoever beliabletoanyother person/entityfor anyclaim, expense, lossor damagearisinginanywayasaresult of relianceonthisreport.
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AboutTheRetail Coach
TheRetail Coachisanational retail recruitment anddevelopment firmthat combinesstrategy, technology,andcreativeexpertisetodevelopanddeliver high-impact retail recruitment anddevelopment planstolocalgovernments, chambersof commerce, economicdevelopment organizationsandprivatedevelopers.
ThroughitsuniqueRetail360®Process, TheRetail Coachoffersadynamicsystemof productsandservicesthat better enablecommunitiestomaximizetheir retail development potential.
Acknowledgements
Theobservations, conclusionsandrecommendationscontainedinthisstudyaresolelythoseof TheRetailCoach, LLCandshouldnot beconstruedtorepresent theopinionsof others, includingitsclients, or anyother entityprior tosuchentity’sexpressapproval of thisstudy.
All informationfurnishedisfromsourcesdeemedreliableandissubmittedsubject toerrors, omissions,changeof termsand/or conditions.
Sourcesusedincompletingthisstudyinclude: infoUSATM, AppliedGeographicSolutions, EnvironicsAnalytics, ESRI, U.S. CensusBureau, Economy.com, Placer.AI, Spatial InsightsInc., UrbanLandInstitute,CensusViewer.com, International Council of ShoppingCenters, and/or U.S. Bureauof Labor andStatistics.
Tobetter represent current data, whereapplicable, portionsof estimatedactual salesmaybecalculatedusinganaveragesalesper squarefoot model. MappingdataisprovidedbyGoogle, Nielsen, ESRI and/orMicrosoft Corporation.
All informationfurnishedisfromsourcesdeemedreliableandissubmittedsubject toerrors, omissions,changeof termsand/or conditions.
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CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 5.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
Second Reading: Repealing Surplus Language in Chapter 2 (City Manager) of the Murrieta Municipal Code
RECOMMENDATION
Conduct the second reading and adopt Ordinance No. 612-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, to Repeal Murrieta Municipal Code Sections 2.08.090-2.08.130 and 2.08.150-
2.08.170 which Set Forth Regulations for the City’s Relationship with the City Manager.
PRIOR ACTION/VOTE
On October 1, 2024, the City Council introduced and conducted the first reading on Ordinance No. 612-24, repealing surplus language in Chapter 2 of the Murrieta Municipal Code (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
During the October 1, 2024 Regular City Council meeting, the City Council conducted the first reading and introduced Ordinance No. 612-24 (Attachment 1). The proposed Ordinance would repeal surplus language that are unusual and unnecessary. In keeping with the City Council’sgoal of organizational efficiency it is recommended that these sections be repealed from the Murrieta Municipal Code.
The Sections proposed for removal include:
2.08.090 Attendance at commission meetings.
2.08.100 Removal--Method--Notice.
2.08.110 Removal--Hearing.
2.08.120 Removal--Suspension pending hearing.
2.08.130 Removal--Council discretion.
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2.08.150 Willful misconduct--Determination.
2.08.160 Willful misconduct--Defined.
2.08.170 Agreements with Council.
The two sections addressing City Manager attendance at Commission meetings and agreements with City Council are unnecessary. As are the other sections relating to misconduct and removal of the City Manager.
Instead of these provisions, should misconduct occur or removal become necessary, it is recommended that the City Council simply follow the terms of its agreement with the City Manager (for misconduct) and the Brown Act (for the removal process).
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
1. Ordinance No. 612-24
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ORDINANCE NO. 612-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA , TO REPEAL MURRIETA MUNICIPAL
CODE SECTIONS 2.08.090 -2.08.130 AND 2.08.150 -2.08.170 WHICH SET FORTH REGULATIONS FOR THE CITY’S RELATIONSHIP WITH THE
CITY MANAGER
Summary: This ordinance repeals sections within Chapter 2 of the Murrieta Municipal Code (“MMC”) relating to the City Manager.
WHEREAS, the City aims to maintain a high performing organization that values transparency, accountability, and organizational efficiency; and
WHEREAS, the City Council updates the Murrieta Municipal Code (“MMC”) from time to time as needed to comply with new laws and address unnecessary provisions; and
WHEREAS, the City Council now desires to remove portions of Chapter 2.08 of the MMC to eliminate language that is not needed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Sections 2.08.090 through 2.08.130 are hereby repealed from the Murrieta Municipal Code (strikethrough text is used to show the repealed language):
“2.08.090 Attendance at commission meetings.
The city manager may attend any and all meetings of the planning commission, and any other commission, board or committee created by the city council, upon his or her own volition or upon direction of the city council. At such meetings which the city manager attends, he or she shall be heard by such commissions, boards or committees as to all matters upon which he or she wishes to address the members thereof. He or she shall inform such members as to the status of any matter being considered by the city council, and he or she shall cooperate to the fullest extent with members of all commissions, boards or committees appointed by the city council.
2.08.100 Removal--Method--Notice.
The removal of the city manager shall be effected only by a majority vote of the whole council as then constituted, convened in a regular council meeting, subject, however, to the provisions of Section 2.08.110 through 2.08.160 of this chapter. In case of his or her intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him or her and the reason therefor at least thirty (30) days before the effective date of his or her removal.
2.08.110 Removal--Hearing.
Within seven days after the delivery to the city manager such notice required in Section 2.08.100 of this chapter, he or she may, by written notification to the city clerk, request a 115
01375.0001/1017151.3
hearing before the city council. Thereafter, the city council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the thirty (30)-day period, at which the city manager shall appear and be heard, with or without counsel.
2.08.120 Removal--Suspension pending hearing.
After furnishing the city manager with written notice of intended removal, the city council may suspend him or her from duty, but his or her compensation shall continue until his or her removal by resolution of the council passed subsequent to the hearing described in Section 2.08.110 of this chapter.
2.08.130 Removal--Council discretion.
In removing the city manager, except as provided in Section 2.08.150 of this chapter, the city council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the city manager to present to the city council his or her grounds of opposition to his or her removal prior to its action.”
SECTION 2. Sections 2.08.150 through 2.08.170 are hereby repealed from the Murrieta Municipal Code (strikethrough text is used to show the repealed language):
“2.08.150 Willful misconduct--Determination.
In the event the intended removal of the city manager is for willful misconduct in office, written notice to the city manager as provided in Section 2.08.100 of this chapter shall state that the reason for removal is willful misconduct in office and shall state specific facts which constitute such willful misconduct. The procedure for hearing and for suspension pending hearing shall be followed as stated in Sections 2.08.100 through 2.08.140 of this chapter. A determination of willful misconduct in office shall be evidenced by specific findings of facts constituting such willful misconduct. The determination of what constitutes willful misconduct shall be within the sole discretion of the city council provided that it shall relate to the welfare of the city.
2.08.160 Willful misconduct--Defined.
Willful misconduct includes conduct directly related to conduct in office and directly related to the duties of office. It includes the refusal to follow the lawful directions of the city council. It also includes conduct not directly related to the performance of official duties of the office when such conduct has a direct and harmful effect on the welfare of the city. Evidence of such direct and harmful effect shall include but shall not be limited to, conviction of a felony.
2.08.170 Agreements with council.
Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter.”
SECTION 3. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. 116
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Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective on the thirty -first (31st) day after its passage and adoption. The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified co py of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.
PASSED AND ADOPTED this ___ day of ________, 2024.
Lori Stone, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany J. Israel, City Attorney
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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 Ordinance No. 612-24 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___ day of __________, 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
Certificate of Publication
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that the summary of Ordinance No. 612-24 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following dates:
Introduced Ordinance:
Adopted Ordinance:
In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2024.
Cristal McDonald, City Clerk
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CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 6.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kim Summers, City Manager
PREPARED BY: Martha Samaniego, Management Analyst
SUBJECT:
Holiday Lights and Décor - City Hall and Town Square Park Amphitheater
RECOMMENDATION
Approve the agreements with Polar Bear Lighting not-to-exceed the amount of $38,680.50 and an agreement with CLIPA, LLC in the amount of $70,112.57 for the expansion of holiday lighting and décor at City Hall, Town Square Park Amphitheater, and Historic Downtown Murrieta; and Authorize the City Manager to execute the agreements.
PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Foster and promote an engaged, connected and caring community.
BACKGROUND
The City of Murrieta (City) released a Request for Proposal on August 1, 2023, for holiday decorations. During this competitive bidding process, three companies, Polar Bear Lighting, CLIPA, LLC, and St. Nicks, submitted proposals. Of the three companies, Polar Bear Lighting and CLIPA, LLC were selected.
The proposals selected consisted of permanent LED lights for City Hall, an 8ft. lighted and decorated wreath, a 6ft. red lighted bow, a 5ft. lighted and decorated wreath, and lift equipment rental through Polar Bear Lighting. In addition to this, permanent lighting will be added to Zone 4 and Zone 5, as Zone 4A was completed in 2023, as shown in Exhibit A to Attachment 1. This includes the offsite storage provided by the vendor and installation of non-permanent lighting.
The proposal from CLIPA, LLC consisted of a 10ft. lighted garland with double bow kit at City Hall, a Holiday Photo Frame with Bow-Selfie Station for City special events, a 20ft. lighted garland with double bow kit, and a lighted garland with double bow kit at Washington Avenue between Ivy and A Street for the 2023 holiday season. In addition, staff would like to purchase holiday banners and banner enhancer lighting to be installed CITY OF MURRIETA Printed on 10/10/2024Page 1 of 2
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Agenda Item No. 6.
season. In addition, staff would like to purchase holiday banners and banner enhancer lighting to be installed in Historic Downtown Murrieta, to be affixed to the poles where the Active-Duty Military banners are currently located solely for the holiday season. This proposal would also include storage, installation, and removal.
FISCAL IMPACT
For the 2023 holiday season (Fiscal Year 2023/24), the City paid Polar Bear Lighting $53,629 and CLIPA, LLC $19,851.40 for the purchase, installation, and removal of holiday lights and décor paid out of 1105000-62440.
For the 2024 holiday season (Fiscal Year 2024/25), this purchase includes additional permanent lights through Polar Bear Lighting for City Hall and installation and removal of previously purchased items in the amount of $33,520.50. These items will be paid for out of the Non-Departmental Contingency account 1101600-62280.
This purchase also includes additional commodities in the amount of $50,967.57 which includes holiday banners, banner enhancers for all of downtown, and lighted garland with double bow kit to go on light poles in front of City Hall entrance. Of this amount, $30,000 will be paid out of fund 1105000-63360, and the remaining balance will be paid out of the Non-Departmental Contingency account 1101600-62280.
For the 2025 holiday season (Fiscal Year 2025/26), the City will pay Polar Bear Lighting $5,160.00 for the installation and removal of items purchased out of the Non-Departmental Contingency account 1101600- 62280. The City will also pay CLIPA, LLC $19,145.00 for the installation and removal of items purchased from the Non-Departmental Contingency account 1101600-62280.
Vendor 2023/24 2024/25 2025/26
POLAR BEAR LIGHTING$53,629.00 $33,520.50 $5,160.00
CLIPA LLC $19,851.40 $50,967.57 $19,145.00
TOTAL
$73,480.40 $84,488.07 $24,305.00
Cost Breakdown per vendor and per Fiscal Year
ATTACHMENTS
1. Agreement with Polar Bear Lighting
2. Agreement with CLIPA, LLC
3. Cost Breakdown
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AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“ Project”):The City of Murrieta is entering into an agreement with Polar Bear Lighting, Inc. to provide professional hol iday decorations for various City locations.
Services provided by Polar Bear Lighting, Inc. include the purchase of commercial-grade holiday lights and decorations, as well as the professional technical installation and removal of decorations.
Contract Number:
Contractor Name (“Contractor”):Polar Bear Lighting, Inc.
Contractor Business Type:Corporation
Contractor Address:6253 Hollywood Blvd, Ste 506, Hollywood, CA 90028 Contractor Representative Name and Title (“Contractor Representative”):Frankie Morales Sale Representative.
Contractor Representative Work Phone and Email:310-270-8124; [email protected] Termination Date:October 6, 2026 with 2 (1) year options to renew.
Total Not-To-Exceed Contract Amount (“ Contract Sum”):$33,521.00 for 2024, followed by an annual payment of $5,160.00 for each subsequent year.
City Department Contact (“Department Contact”):Martha Samaniego, Management Analyst, City of Murrieta’s Economic Development Department.
Department Contact Work Phone and Email:951-461-6021, [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No):No
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RECITALS
The City desires to contract with a Contractor to provide services as more further set forth herein.
On August 1, 2023, the City circulated a Request for Proposals for the above -described professional services.
On August 31, 2023, Contractor submitted a proposal to City to provide the above - described professional services.
City Staff has reviewed all the proposals and after considering the demonstrated competence of Contractor, the professional qualifications of Contractor, and the fairness and reasonableness of Contractor’s proposed cost, staff has determined that an agreem ent to provide the required services should be awarded to Contractor.
On October 6, 2023, the City and Contractor entered into an Agreement for Professional Services, including holiday light purchase, installation, and storage. The Agreement was for one (1) year term with the option to extend for two additional one (1) year periods.
On December 1, 2023, the City and Contractor entered into a First Amendment of the Agreement to remove additional contract terms, and add payment schedules and storage requirements.
The City desires to enter into a new contract with the Contractor to continue providing professional services from October 6, 2024 to October 6, 2026.
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AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
THIS AGREEMENT FOR SERVICES (“ Agreement”) is made and entered into and effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“ Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Contractor represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Contractor shall follow the highest professional standards and practices in performing the services required hereunder.
1.2 Contractor’s Proposal. The Scope of Services shall include the scope of services or work included in Contractor’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Contractor’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Contractor to comply with this Section.
1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
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1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants Contractor: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.
1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Contractor represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and shall be fully functional, with such infrastruc ture, equipment, computer system and software of City. Contractor acknowledges that City is relying on this representation by Contractor as a material consideration in entering into this Agreement.
1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the rates specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference . The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures , if both are specified in the Schedule of Compensation, as well as approved by City in advance.
2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first business day of such month, Contractor shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of this 124
Agreement. Except as provided in Section s 7.3, 7.4 and 7.5, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation ; and 4 ) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.0 Time of Essence. Time is of the essence in the performance of this Agreement.
3.1 Term. The Agreement shall commence upon the Effective Date set forth above and will continue until the Termination Date. This Agreement may be extended for up to two, additional one -year periods upon the mutual agreement in writing of both parties.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.
Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed from City and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be 125
entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Representative of Contractor. The Contractor Representative is authorized to act on Contractor’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for C ity to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Contractor’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.
4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Contractor, or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Contractor represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Contractor’s exclusive control and direction.
No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.
City shall not be liable for compensation or indemnification to Contractor, its 126
officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder.
4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Contractor shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Contractor, or any surety or insured of Contractor, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Contractor’s indemnification obligation to City, Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.
5.2 Indemnification.
(a) General Obligations. Contractor agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Contractor is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Contractor will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive termination of this Agreement.
Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City 127
Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof.
Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence or willful misconduct of City, Contractor will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION
6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal busin ess hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Contractor shall fully cooperate with City in providing access to any and all Contractor records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Contractor, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Contractor may retain copies of such documents and materials for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Contractor documents and 128
materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.
6.3 Confidentiality and Release of Information. All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior wri tten authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor immediately gives City notice of such court order or subpoena. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section
7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Contractor, except that where termination or 129
suspension is due to the fault of Contractor, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Contractor shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspe nsion and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Contractor and Opportunity to Cure. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Contractor as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
7.4 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such dama ges), and City may withhold any payments to Contractor for the purpose of set-off or partial payment of the amounts owed City therefor.
7.5 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any 130
indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement of this Agreement imposes n o additional obligations on City nor does it waive any rights hereunder. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether lega l or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, Contractors’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 131
litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Contractor written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, s ex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the Uni ted States Mail, certified mail, postage prepaid, return receipt requested, in the case of 132
City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Contractor, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by City.
9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 No Undue Influence. Contractor declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the awar d of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, 133
(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.
[SIGNATURES ON FOLLOWING PAGE]
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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:
CONTRACTOR:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
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EXHIBIT "A"
SCOPE OF SERVICES
I. Contractor will perform the following Services:
The installation and removal of a 8ft lighted and decorated wreath at City Hall, a 6ft red lighted bow at Town Square Amphitheater, a 5ft lighted and decorated wreath at Town Square Amphitheater, and lift equipment rental at City Hall along with the instal lation of permanent lighting at City Hall around permiter listed as Zone 4 & 5 on attached map.
The following is a list of commodities to be purchased from and professional services provided by Contractor in 2024:
1. 180 feet installation of permanent lighting at Zone 5.
2. 560 feet installation of permanent lighting at Zone 4.
Professional services to be provided from October 6, 2024 to October 5, 2026 include:
1. Installation, storage, and removal of one (1) 8 feet lighted and decorated wreath at City Hall
2. Installation, storage, and removal of one (1) 6 feet red lighted bow at Town Square and Amphitheater.
3. Installation, storage, and removal of two (2) 5 feet lighted and decorated wreath at Town Square and Amphitheater
4. Installation, storage, and removal of one (1) lift equipment rental of 30 feet at City Hall.
The Contractor must:
1. Provide certification of insurance and secure all applicable City permits prior to commencement of any work.
2. Obtain encroachment permit for traffic control as necessary from Public Works.
3. Attend pre-installation kick-off meeting with City staff.
4. Submit schedule for installation and removal of work to be done.
5. Submit pre-approval of hardware to affix decorations and lights.
6. Install all holiday decorations and lights to be functional and set on timers.
7. Provide repair and/or service of lights that malfunction within 48 hours.
8. Maintain and clean stored items as needed in preparation for next season’s installation to be completed by a date to be determined by mutual agreement of the parties.
9. Remove and store all items purchased by City deemed as seasonal by January 6th of every year.
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Holiday Season
For each year of service under this agreement, installation of holiday decorations and lighting is to commence after November 13, 2024, and completed no later than November 30 of each year.
Removal of holiday decorations is to commence after January 2, 2025, and be completed no later than January 6, 2025.
*All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
II. In addition to any other requirements of this Agreement, during performance of the Services, Contractor will keep the City appraised of the status of performance by delivering the following status reports:
N/A.
III. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
IV. Contractor will utilize the following personnel to accomplish the Services:
137
&9)*#*5"
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. City will compensate Contractor 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. Contractor’s rates shall be as follows:
Quantity Item Location for
Installation
Install/Removal Storage
1 8 feet lighted and
decorated wreath
City Hall $1,000.00 $500.00
1 6 feet red lighted bow Town Square and
Amphitheater
$1,110.00 $700.00
2 5 feet lighted and
decorated wreath.
Town Square and
Amphitheater
$550.00 $100.00
1 Lift equipment rental –
30 feet
City Hall $1,200.00 $0.00
Subtotal $3,860.00 $1,300.00
Grand Total $5,160.00
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Quantity Item Location for
Installment
Price By Foot Total Price
180
Permanent Lighting Zone 5 $35.00 $6,300.00
560 Permanent Lighting Zone 4 $35.00 $19,600.00
Subtotal $25,900.00
9.5% Tax $2,460.50
Grand Total $28,361.00
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform Services as set forth in Exhibit A.
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. Installation of holiday decorations and lighting to commence after (blank date), and be completed no later than November 30 of each year.
B. Removal of temporary holiday decoration to commence after January 2nd of each year, and be completed no later than January 6th of each year.
III. The Department Contact may approve extensions for performance of the Services in accordance with Section 3.2.
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EXHIBIT E
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)
5. Cyber: Vendor/Contractor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of 143
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privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non -contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subje ct to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. Th e policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the requi red documents prior to the work beginning shall not waive the Contractor’s 145
01375.0021/1017518.2
obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained , and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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01375.0021/1017518.2
EXHIBIT F
FEDERAL REQUIREMENTS
(Only applicable if required on cover page of agreement) 147
AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“ Project”):Holiday Decorations: The City is entering into an agreement with CLIPA, LLC DBA Celebration Holiday Studio (CLIPA) to provide professional holiday decorations for the city of Murrieta Downtown. Services provided by CLIPA include the purchase of commercial -grad holiday lights and decorations (bann er enhancers, lighted garland, double bow kit, Holiday photo frame/selfie station), as well as the professional technical installation, removal of decorations, and storage of decorations.
Contract Number:Click or tap here to enter text.
Contractor Name (“Contractor”):CLIPA, LLC DBA Celebration Holiday Studio Contractor Business Type:Limited Liability Company (LLC) Contractor Address: 22431 Antonio Parkway B160 – 513, Rancho Santa Margarita, CA 92688 Contractor Representative Name and Title (“ Contractor Representative”):Chelsea Phernetton, Sales & Marketing Manager
Contractor Representative Work Phone and Email: 949-504-8305; [email protected]
Termination Date:October 6, 2026 with 2 (1) year options to renew.
Total Not-To-Exceed Contract Amount (“ Contract Sum”):$50,967.57 for 2024, followed by an annual payment of $19,145.00 for each subsequent year.
City Department Contact (“Department Contact”): Martha Samaniego, Management Analyst, Economic Development Department.
Department Contact Work Phone and Email:951-461-6021, [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No):No
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RECITALS
A. The City desires to contract with CLIPA, LLC DBA Celebration Holiday Studio (“Contractor”) to provide professional services as more further set forth herein.
B. On August 1, 2023, the City circulated a Request for Proposals for the above - described professional services.
C. On August 31, 2023, Contractor submitted a proposal to City to provide the above- described professional services.
D. City Staff has reviewed all the proposals and after considering the demonstrated competence of Contractor, the prof essional qualifications of Contractor, and the fairness and reasonableness of Contractor’s proposed cost, staff has determined that an agreement to provide the required services should be awarded to Contractor.
E. On October 3, 2023, the City and Contract or entered into an Agreement for Professional Services, effective from October 6, 2023 to October 6, 2023, for a Contract Sum of $19.852.00.
F. The City desires to extend the contract with the Contractor to continue providing professional services from October 7, 2024 to October 6, 2026.
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AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
THIS AGREEMENT FOR SERVICES (“ Agreement”) is made and entered into and effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“ Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Contractor represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Contractor shall follow the highest professional standards and practices in performing the services required hereunder.
1.2 Contractor’s Proposal. The Scope of Services shall include the scope of services or work included in Contractor’s proposal or bid, which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Contractor’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Contractor to comply with this Section.
1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
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1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants Contractor: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.
1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Contractor represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Contractor under this Agreement is compatible, and shall be fully functional, with such infrast ructure, equipment, computer system and software of City. Contractor acknowledges that City is relying on this representation by Contractor as a material consideration in entering into this Agreement.
1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Contractor shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the rates specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this refer ence. The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures , if both are specified in the Schedule of Compensation, as well as approved by City in advance.
2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first business day of such month, Contractor shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Contractor is certifying compl iance with all provisions of this 151
Agreement. Except as provided in Section s 7.3, 7.4 and 7.5, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, wi th supporting documentation ; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.0 Time of Essence. Time is of the essence in the performance of this Agreement.
3.1 Term. The Agreement shall commence upon the Effective Date set forth above and will continue until the Termination Date. This Agreement may be extended for up to two, additional one -year periods upon the mutual agreement in writing of both parties.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.
Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.
3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed from City and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be 152
entitled to recover damages against City for any delay in the performance of t his Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Representative of Contractor. The Contractor Representative is authorized to act on Contractor’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Ag reement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City.
4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Contractor’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.
4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Contractor, or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Contractor represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Contractor’s exclusive control and direction.
No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.
City shall not be liable for compensation or indemnification to Contractor, its 153
officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder.
4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Contractor shall not contract with any other entity to perform in whole or in part services required hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Contractor, or any surety or insured of Contractor, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any servic es under this Agreement, and without limiting Contractor’s indemnification obligation to City, Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.
5.2 Indemnification.
(a) General Obligations. Contractor agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of t hem harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities ”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Contractor is legally liable (each an “Indemnitor” and collectively, “Indemnitors”), and in connection therewith: 1) Contractor will defend any action or actions filed or threatened in connection with any such Claims or Liabilities, or at option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Contractor will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Contractor and shall survive terminatio n of this Agreement.
Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or C ity 154
Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof.
Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence or willful misconduct of City, Contractor will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.
ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION
6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and re cords shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Contractor shall fully cooperate with City in providing access to any and all Contractor records and documents if a public records request is made and disclosure is required by law including but not limited to the Ca lifornia Public Records Act.
6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Contractor, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Contractor may retain copies of such documents and materials for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Contractor fails to secure such as signment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Contractor documents and 155
materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.
6.3 Confidentiality and Release of Information. All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor immediately gives City notice of such court order or subpoena. If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officer s, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery r equests provided by Contractor, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section
7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Contractor, except that where termination or 156
suspension is due to the fault of Contractor, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Contractor shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Contractor and Opportunity to Cure. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively t en (10) days, but may b e extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Contractor as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
7.4 Termination for Default of Contractor. If termination is due to the failure of Contractor to fulfill its obligati ons under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Contractor shall be liable to the extent that the total cost for completion of th e services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contractor for the purpose of set-off or partial payment of the amoun ts owed City therefor.
7.5 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any 157
indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.
7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agree ment. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement of this Agreement imposes no additional obligations on City nor does it waive any rights hereunder. Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for t he same default or any other default by the other Party.
7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to comp el specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a statutory claim purs uant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether lega l or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, Contractors’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 158
litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by City or for any amount which may become due t o Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectl y, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Contractor written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the Uni ted States Mail, certified mail, postage prepaid, return receipt requested, in the case of 159
City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Contractor, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agre ement, headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by City.
9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 No Undue Influence. Contractor declares and warrants that no undue influence or pressure was used ag ainst or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Contractor, or from any officer, employee or agent of Contractor, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.
9.7 Corporate Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, 160
(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into thi s Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.
[SIGNATURES ON FOLLOWING PAGE]
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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:
CONTRACTOR:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.
By:
Name: Click or tap here to enter text.
Title: Click or tap here to enter text.
Date:
By:
Name:Click or tap here to enter text.
Title:Click or tap here to enter text.
Date:
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01375.0021/1017511.2
EXHIBIT "A"
SCOPE OF SERVICES
I. Contractor will perform the following Services:
II.
The following is a list of commodities to be purchased from and provided by Contractor in 2024:
1. Twenty-six (26) 30 inches x 60 inches single banner with a double sided design, which is printed on durable vinyl. The banner includes hand -sewn pockets, seams, and grommets. The City logo can be added at no additional cost. The banner will be an ornament banner design.
2. Twenty-six (26) custom fabricated banner enhancer with ornament LED banner enhancer. Approximately forty -five (45) C -& LED Bulbs. The banner will be roughly
6.5 feet tall by 4.5 feet wide, and designed to allow at least 32 inches betwe en the pole and the end of the banner’s bracket or pole to accommodate the banner. The City must place a customer order twelve (12) weeks prior to installment.
3. Four (4) lighted garland with double bow kit (10 ft) at City Hall.
The following holiday decoration items will be leased to the City from October 6, 2024 to October 6, 2025:
1. One (1) nine (9) feet holiday photo frame with bow-selfie station changeable banner.
Professional services to be provided from October 6, 2024 to October 5, 2025 include:
1. Professional installation, removal, and storage of twenty (20) lighted garland with double bow kit (10 feet) poles on the intersection on Washington between Ivy and A Street.
2. Professional installation, removal, and storage of four (4) lighted garland with double bow kit (20 feet).
3. Profession installation and removal of one (1) holiday photo frame with bow -selfie stations (9 feet) changeable banner.
4. Professional installation, removal, and storage of twenty -six (26) 30 inches x 60 inches single banner with a double sided design, which is printed on durable vinyl on Main Street. The banner includes hand-sewn pockets, seams, and grommets. The City logo can be added at no additional cost. The banner will be an ornament banner design.
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5. Professional installation, removal, and storage of twenty -six (26) custom fabricated banner enhancer with ornament LED banner enhancer on Main Street. Approximately forty-five (45) C-& LED Bulbs. The banner will be roughly 6.5 feet tall by 4.5 feet wide, and designed to allow at least 32 inches between the pole and the end of the banner’s bracket or pole to accommodate the banner.
6. Professional installation, removal, and storage of four (4) lighted garland with double bow kit (10 ft) at City Hall.
7. Delivery of goods, including shipping and handling during transit.
The following holiday decoration items will be leased to the City from October 6, 2024 to October 6, 2025:
1. One (1) nine (9) feet holiday photo frame with bow-selfie station changeable banner.
Professional services to be provided from October 6, 2024 to October 6, 2025 include:
1. Professional installation, removal, refurbishment, and storage of twenty (20) lighted garland with double bow kit (10 feet) poles on the intersection on Washington between Ivy and A Street.
2. Professional installation, removal, refurbishment, and storage of four (4) lighted garland with double bow kit (20 feet).
3. Profession installation, refurbishment, and removal of one (1) holiday photo frame with bow-selfie stations (9 feet) changeable banner.
4. Professional installation, removal, refurbishment, and storage of twenty -six (26) 30 inches x 60 inches single banner with a double sided design, which is printed on durable vinyl on Main Street. The banner includes hand -sewn pockets, seams, and grommets.
The City logo can be added at no additional cost. The banner will be an ornament banner design.
5. Professional installation, removal, refurbishment, and storage of twenty-six (26) custom fabricated banner enhancer with ornament LED banner enhancer on Main Street.
Approximately forty-five (45) C-& LED Bulbs. The banner will be roughly 6.5 feet tall by 4.5 feet wide, and des igned to allow at least 32 inches between the pole and the end of the banner’s bracket or pole to accommodate the banner.
6. Professional installation, removal, refurbishment, and storage of four (4) lighted garland with double bow kit (10 ft) at City Hall.
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The Contractor must:
1. Provide all commercial grade light emitting diode (“LED”) lights.
2. Provide repair and/or service of lights that malfunction within 48 hours.
3. Install and remove all decorations using City-approved methods.
4. Submit for pre-approval of hardware to affix decorations and lights.
5. Provide certification of insurance and secure all applicable City permits prior to commencement of any work.
6. Obtain encroachment permit for traffic control as necessary from Public Works.
7. Attend pre-installation kick-off meeting with City staff.
8. Submit schedule for installation and removal of work to be done.
9. Remove and store all items purchased by City deemed as seasonal by January 6th of every year.
Holiday Season
For each year, installation of holiday decorations and lighting is to commence after November 13, and completed no later November 30th. Removal of holiday decorations is to commence af ter January 2, 2025, and be completed no later than January 6, 2025.
*All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
III. In addition to any other requirements of this Agreement, during performance of the Services, Contractor will keep the City appraised of the status of performance by delivering the following status reports:
N/A
IV. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
V. Contractor will utilize the following personnel to accomplish the Services:
Click or tap here to enter text.
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Click or tap here to enter text.
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EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. City will compensate Contractor 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. Contractor’s rates for services shall be as follows:
EXHIBIT “C-2”
PRICING
Pricing for 2025 to 2026
[Sales Quote #W2024COMAP, dated 09/05/2024]
Quantity Description Item Notes/Location Total
20 Labor/Storage lighted garland with
double bow kit (10 feet)
poles.
on the intersection
on Washington
between Ivy and A
Street
3,850.00
4 Labor/Storage lighted garland with
double bow kit (20ft)
1,595.00
1 Labor/Storage nine (9) feet holiday photo
frame with bow -selfie
station changeable banner.
$4,500.00
26 Labor/Storage Installation Removal &
Storage – Holiday Banners
2,600.00
26 Labor/Storage Installation Removal &
Storage – Banner Enhancer
5,500.00
4 Labor/Storage Lighted garland with
double bow kit (10 ft) at
City Hall
900.00
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Pricing includes all materials and manpower for installation, removal, refurbishment and storage. Pricing is the same for 2025 & 2026. Refurbishment includes: New batteries for garland and replacing Red Bows as Needed.
Subtotal $19,145.00
Install Date: November of 2025 & 2026
Install
Time:
8.75% Tax $0.00
Terms: 50% Deposit, 50% Day of Installation
Consultant Total Due $19,145.00
50% Due $9,572.50
Remainder Due Upon
Install
$9,572.50
Price valid for 30 days. 50% Deposit required to process order. A no cancellation/return policy will be in effect unless othe r restocking fees are agreed to in writing by [email protected] Decor and Lighting Installation: Proposed decorations will be installed as sh own in presented artwork and as noted in the approved sales order. Any changes to the discussed work will be subject t o extra charges. Dates for the installation are planned as date ranges and are liable to change due to weather or unexpected conditions outside our ability to control such as acts of God, project access/a vailability. Celebration Holiday Studio isn't liable for any items harmed or lost because of vandalism, defacing, extraordinary climate conditions, or acts of God. This includes all purchased, leased or rented items. The Client accepts all responsibility while the decor is installed on their property. When possible, Celebration Holiday Studio will make efforts to replace such products for an additional charge. Electrical Requirements: Adequate functional outlets for all decor are provid ed by the Client for all lit decorations, tree and building lighting. Interruption of power at the GFI receptacles can, will, and should be expected when there is rain, dew, fog and other moisture.
Celebration Holiday Studio is not responsible for outlets that will not reset due to the presence of moisture. Lighting black outs or issues must be reported to the Celebration Holiday Studio team as soon as possible. Decoration and Lighting Storage: The first day of storage begins upon re moval of the program. These annual storage charges are from that removal date through October 15th of the same year. Items not installed must be picked up or have a storage fee paid prior to October 15th of the same year. Items may be discarded if the fees remain unpaid or items are unclaimed. Celebration Holiday S tudio will contact the owner of the products before July 1st of the same year to help coordinate the renewal or pick up of the items.
Pricing for 2024
[Sales Quote #W2024COMAP, dated 07/25/2024]
Quantity Description Item Notes/Location Total
20 Labor/Storage Lighted garland with
double bow kit (10 ft) poles.
on the intersection
on Washington
between Ivy and A
Street
3,850.00
4 Labor/Storage Lighted garland with
double bow kit (20 ft)
1,595.00
1 Rental Holiday Photo Frame with
Bow-Selfie Stations (9 ft)
Changeable Banner.
4,500.00
Pricing includes all materials and manpower for installation, removal, and storage.
Subtotal $9,945.00
Install Date: 11/13/24
Install
Time:
8.75% Tax $0.00
Terms: 50% Deposit, 50% Day of Installation
Total Due $9,945.00
50% Due $4,972.50
Remainder Due Upon
Install
$4,972.50
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Price valid for 30 days. 50% Deposit required to process order. A no cancellation/return policy will be in effect unless othe r restocking fees are agreed to in writing by [email protected] Decor and Lighting Installation: Proposed decorations will be installed as sh own in presented artwork and as noted in the approved sales order. Any changes to the discussed work will be subject to extra charg es. Dates for the installation are planned as date ranges and are liable to change due to weather or unexpected conditions outside our ability to control such as acts of God, project access/a vailability. Celebration Holiday Studio isn't liable for any items harmed or lost because of vandalism, defacing, extraordinary climate conditions, or acts of God. This includes all purchase d, leased or rented items. The Client accepts all responsibility while the decor is installed on their property. When possible, Cel ebration Holiday Studio will make efforts to replace such products for an additional charge. Electrical Requirements: Adequate functional outlets for all decor are provid ed by the Client for all lit decorations, tree and building lighting. Interruption of power at the GFI receptacles can, will, and should be expected when there is rain, dew, fog and other moisture.
Celebration Holiday Studio is not responsible for outlets that will not reset due to the presence of moisture. Lighting black outs or issues must be reported to the Celebration Holiday Studio team as soon as possible. Decoration and Lighting Storage: The first day of storage begins upon re moval of the program. These annual storage charges are from that removal date through October 15th of the same year. Items not installed must be picked up or have a storage fee paid prior to October 15th of the same year. Items may be discarded if the fees remain unpaid or items are unclaimed. Celebration Holiday S tudio will contact the owner of the products before July 1st of the same year to help coordinate the renewal or pick up of the items.
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Pricing for 2024 (Main Street)
[Sales Quote #W2024COMBE, dated 08/20/2024]
Quantity Description Item Notes/Location Total
26 Purchase 30” x 60” Single Banner with a double sided design, which is printed on durable vinyl. The banner includes
hand-sewn pockets, seams, and grommets. The City logo
can be added at no additional cost. The banner will be an ornament banner design
Main Street 2,470.00
26 Labor/Storage Installation Removal & Storage – Holiday Banners Main Street 2,574.00 26 Purchase Custom fabricated Banner Enhancer -Ornament LED Banner Enhancer -Approx. 45 C-7 LED Bulbs -Roughly
6.5 ft Tall by 4.5 ft Wide – Designed to allow at 32”
between the pole and the end of the banner racket/pole to accommodate the banner.
The City must place a customer order twelve (12) weeks
prior to installment
Main Street 23,781.42
26 Labor/Storage Installation Removal & Storage -Banner Enhancer Main Street 5,070.00 1 Freight Freight Main Street 2,365.00
Pricing includes all materials and manpower for installation, removal, and storage.
Subtotal $36,260.42
Install Date: 11/13/24
Install Time: 8.75% Tax $2,297.00
Terms: 50% Deposit, 50% Day of Installation
Total Due $38,557.42
50% Due $19,278.71
Remainder Due Upon Install $19,278.71
Price valid for 30 days. 50% Deposit required to process order. A no cancellation/return policy will be in effect unless othe r restocking fees are agreed to in writing by [email protected] Decor and Lighting Installation: Proposed decorations will be installed as shown in presented artwork and as noted in the approved sales order. Any changes to the discussed work will be subject to extra charges. Dates f or the installation are planned as date ranges and are liable to change due to weather or unexpected conditions outside our ability to control such a s acts of God, project access/availability. Celebration Holiday Studio isn't liable for any items harmed or lost because of vandalism, defacing, extraordinary climate conditions, or acts of God. This includes all purchased, leased or rented items. The Client accepts all responsibility while the decor is installed on their property.
When possible, Celebration Holiday Studio will make efforts to replace such products for an additional charge. Electrical Requirements: Adequate functiona l outlets for all decor are provided by the Client for all lit decorations, tree and building lighting. Interruption of power at the GFI receptacles can, will, and should be expected when there is rain, dew, fog and other moisture. Celebration Holiday Stud io is not responsible for outlets that will not reset due to the presence of moisture. Lighting blackouts or issues must be reporte d to the Celebration Holiday Studio team as soon as possible. Decoration and Lighting Storage: The first day of storage begin s upon removal of the program. These annual storage charges are from that removal date through October 15th of the same year. Items not installed must be picked up or have a storage fee paid prior to October 15th of the same year. Items may be discarded if the fees remain unpaid or items are unclaimed. Celebration Holiday Studio will contact the owner of the produ cts before July 1st of the same year to help coordinate the renewal or pick up of the items. 170
01375.0021/1017511.2
Pricing for 2024 (City Hall)
[Sales Quote #W2024COMCHP, dated 08/20/2024]
Quantity Description Item Notes/Location Total
4 Purchase Lighted garland with
double bow kit (10 ft)
City Hall 1,476.00
4 Labor/Storage Labor & Storage City Hall 860.00
Pricing includes all materials and manpower for installation, removal, and storage.
Subtotal $2,336.00
Install Date: 11/13/24
Install
Time:
8.75% Tax $129.15
Terms: 50% Deposit, 50% Day of Installation
Consultant Total Due $2,465.15
50% Due $1,232.58
Remainder Due Upon
Install
$1,232.58
Price valid for 30 days. 50% Deposit required to process order. A no cancellation/return policy will be in effect unless other restocking fees are agreed to in writing by [email protected] Decor and Lighting Installation: Proposed decorations will be installed as sh own in presented artwork and as noted in the approved sales order. Any changes to the discussed work will be subject to extra charges. Dates for the installation are planned as date ranges and are liable to change due to weather or unexpected conditions outside our ability to control such as act s of God, project access/availability. Celebration Holiday Studio isn't liable for any items harmed or lost because of vandalism, defacing, extraordinary climate conditions, or acts of God. T his includes all purchased, leased or rented items. The Client accepts all responsibility while the decor is installed on their property. When possible, Celebration Holiday Studio will make efforts to replace such products for an additional charge. Electrical Requirements: Adequate functional outlets for all decor are p rovided by the Client for all lit decorations, tree and building lighting. Interruption of power at the GFI receptacles can, will, and should be expected when there is rain , dew, fog and other moisture.
Celebration Holiday Studio is not responsible for outlets that will not reset due to the presence of moisture. Lighting blackouts or issues must be reported to the Celebration Holiday Studio team as soon as possible. Decoration and Lighting Storage: The first day of storage begins upon re moval of the program. These annual storage charges are from that removal date through October 15th of the same year. Items not installed must be picked up or ha ve a storage fee paid prior to October 15th of the same year. Items may be discarded if the fees remain unpaid or it ems are unclaimed. Celebration Holiday Studio will contact the owner of the products before July 1st of the same year to help coordinate the renewal or pick up of the items.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Contractor shall perform Services as set forth in Exhibit A.
II. Contractor shall deliver the following tangible work products to the City by the following dates.
A. Installation of holiday decorations and lighting to commence after November 13, and be completed no later than November 30 of each year.
B. Removal of temporary holiday decoration to commence after January 2nd of each year, and be completed no later than January 6th of each year. .
III. The Department Contact may approve extensions for performance of the Services in accordance with Section 3.2.
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EXHIBIT E
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed opera tions, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)
5. Cyber: Vendor/Contractor shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to los s, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be suff iciently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social e ngineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of 173
01375.0021/1017511.2
privacy violations, information theft, damage to or destruction of electronic information, release of private inf ormation, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non -contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional in sured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial Gen eral Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to su brogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will sat isfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s 175
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obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained , and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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EXHIBIT F
FEDERAL REQUIREMENTS
(Only applicable if required on cover page of agreement) 177
Polar Bear Lighting Item
8 ft lighted and decorated
6 ft red lighted bow
5 ft lighted and decorated wreath with lights
lift equipment rental - 30 ft
Permanent Lighting
Permanent Lighting
Polar Bear Lighting Item
8 ft lighted and decorated
6 ft red lighted bow
5 ft lighted and decorated wreath with lights
lift equipment rental - 30 ft
CLIPA, LLC Item
previous purchase Lighted garland with double bow kit poles previous purchase Lighted garland with double bow kit
rental Holiday Photo Frame with Bow-Selfie station
new purchase Lighted garland with double bow kit
labor storage for above
new purchase Holiday Banners
labor storage for above
Holiday Banner Enhancers
labor storage for above
freight
CLIPA, LLC Item
previous purchase Lighted garland with double bow kit poles previous purchase Lighted garland with double bow kit
Holiday Lights & Décor
178
rental Holiday Photo Frame with Bow-Selfie station
purchase for 2024 Lighted garland with double bow kit
purchase for 2024 Holiday Banners
purchase for 2024 Holiday Banner Enhancers
Vendor 2023
POLAR BEAR LIGHTING $53,629.00
CLIPA LLC $19,851.40
TOTAL $73,480.40
179
Location of installation Install/Removal Storage
City Hall $1,000.00 $500.00
Town Square Amphitheater $1,110.00 $700.00
Town Square Amphitheater $550.00 $100.00
City Hall $1,200.00 $0.00
subtotal $3,860.00 $1,300.00
Grand Total $5,160.00
Zone 4 (City Hall) $19,600.00
Zone 5 (City Hall) $6,300.00
subtotal $25,900.00
taxes $2,460.50
Grand Total $28,360.50
2024 total cost - Polar Bear Lighting $33,520.50
Location of installation Install/Removal Storage
City Hall $1,000.00 $500.00
Town Square Amphitheater $1,110.00 $700.00
Town Square Amphitheater $550.00 $100.00
City Hall $1,200.00 $0.00
subtotal $3,860.00 $1,300.00
2025 total cost - Polar Bear Lighting $5,160.00
Location of installation Labor/Storage Purchase
Intersections on Washington between Ivy & A st. $3,850.00 Town Square Park Amphitheater $1,595.00
Town Square Park Amphitheater $4,500.00
City Hall $1,476.00
$860.00
Taxes $129.15
Grand Total $2,465.15
Downtown $2,470.00
$2,574.00
Downtown $23,781.42
$5,070.00
$2,365.00
Taxes $2,297.00
Grand Total $38,557.42
2024 total cost - CLIPA, LLC $50,967.57
Location of installation Labor/Storage
Intersections on Washington between Ivy & A st. $3,950.00 Town Square Park Amphitheater $1,695.00
Holiday Lights & Décor
180
Town Square Park Amphitheater $4,500.00
City Hall $900.00
Downtown $2,600.00
Downtown $5,500.00
2025 total cost - CLIPA, LLC $19,145.00
2024 2025
$33,520.50 $5,160.00
2024 2025
$50,967.57 $19,145.00
$84,488.07 $24,305.00
181
Vendor 2023 2024 2025
POLAR BEAR LIGHTING $53,629.00 $33,520.50 $5,160.00
2024 2025
CLIPA LLC $19,851.40 $50,967.57 $19,145.00
TOTAL $73,480.40 $84,488.07 $24,305.00
Cost Breakdown
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CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 7.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Brian Crawford, Senior Program Manager - Parks & Recreation SUBJECT:
Notice of Completion - Tot Lot Phase 2 Improvements
RECOMMENDATION
Accept the public improvements for the Tot Lot Phase 2 Improvements Project, Capital Improvement Project Nos. 22029, 22030, 22031, 22032, 22040, as complete; and Authorize the City Clerk to record a Notice of Completion and release bonds in accordance with State law and City ordinances.
PRIOR ACTION/VOTE
On May 7, 2024, the City Council awarded the construction contract for the Tot Lot Phase 2 Improvement Project, Capital Improvement Plan (CIP) Nos. 22029, 22030, 22031, 22032, 22040, to R.E. Schultz Construction, Inc., in the amount of $451,850, plus a 15% contingency (Vote: 4-0).
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
BACKGROUND
The Community Services Department recently completed a project to replace equipment at five (5) park locations: Alta Murrieta Sports Park, Eastgate Park, Rancho Acacias Park, Sycamore Park, and Firefighters Park. Replacement of the equipment at these five locations was Phase 2 of a broader Citywide tot lot replacement endeavor. Construction of the Phase 1 equipment replacements at four other parks is still underway.
Construction mainly consisted of removing existing play equipment and play surfaces, grading the subbase surface, assembling the new play equipment, pouring concrete foundations and ADA-compliant ramps into the new play surface, and installing new engineered wood fiber play surface material. The park improvements will significantly increase the level of service for individuals and all children.
Mobilization for the project began on Monday, June 3, 2024, and construction activities were substantially CITY OF MURRIETA Printed on 10/10/2024Page 1 of 2
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Agenda Item No. 7.
Mobilization for the project began on Monday, June 3, 2024, and construction activities were substantially completed by Monday, September 9, 2024. The City’s contractor, R.E. Schultz Construction, successfully completed the project on time and on budget with no significant issues encountered.
The scope of work for each location included an additive bid item for drainage measures, which were not needed at most locations. As a result, the total construction cost will be reduced to approximately $418,000 from $451,850, once all final invoicing has been processed.
FISCAL IMPACT
There is no fiscal impact associated with the Notice of Completion.
ATTACHMENTS
1. Notice of Completion
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RECORDING REQUESTED BY: City of Murrieta
When recorded return to:
City of Murrieta
Attn: City Clerk
1 Town Square
Murrieta, CA 92562
Space above for Recorder’s Use
NOTICE OF COMPLETION
Construction of
Tot Lot Phase 2 Improvement Project, CIP Nos. 22029, 22030, 22031, 22032, 22040
Notice is hereby given that: No Fee Per Government Code 27383
1) The undersigned is owner of the interest or estate stated below in the property hereinafter described.
2) The full name of the undersigned is City of Murrieta, a municipal corporation. 3) The full address of the undersigned is 1 Town Square, Murrieta, CA 92562. 4) The nature of the title of the undersigned is: In Fee. 5) A work of improvement on the described property was substantially completed on September 9, 2024.
6) The name of the contractor for such work of improvement is R.E. Schultz, Inc. 7) The property on which said work of improvement was completed is in the City of Murrieta, County of Riverside, State of California, and is described as follows: Various parks within the city limits of the City of Murrieta.
CITY OF MURRIETA
______________________________
Brian Crawford
Senior Program Manager
VERIFICATION OF CITY CLERK
I, the undersigned, say:
I am the City Clerk of the City of Murrieta; the City Council of said Ci ty on October 15, 2024, accepted the above described work as completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ________________, 2024, at Murrieta, California.
CITY OF MURRIETA
______________________________
Cristal McDonald
City Clerk
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CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 8.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP, Development Services Director PREPARED BY: Chris Tracy, AICP Senior Planner, Advanced Planning SUBJECT:
Adoption of an Ordinance of the City Council of the City of Murrieta, California, Amending Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, and 16.110, and Amending Titles 1, 8, and 10 of the Murrieta Municipal Code to Revise Chapters 1.26, 8.28, and 10.44
RECOMMENDATION
Conduct the Second Reading and adopt Ordinance No. 610-24 entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Development Code to Revise Chapters
16.18, 16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, and 16.110, and Amending Titles 1, 8, and 10 of the Murrieta Municipal Code to Revise Chapters 1.26, 8.28, and 10.44.
PRIOR ACTION/VOTE
On September 17, 2024, the City Council unanimously approved the introduction and first reading of Ordinance No. 610-24. The City Council’saction included a change by Council Member Holliday to modify the setbacks for storage containers (Vote 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
The proposed Ordinance makes various changes to the City’sDevelopment Standards found in Title 16 of the Murrieta Municipal Code, and other changes to clarify the administration of the Municipal Code involving Code Enforcement actions. In summary, the topic areas covered under this update included the following:
· Hazardous materials storage;
· Solid waste/recyclable materials storage;
· Prohibited fencing materials;
· Minor construction noise updates addressing an typographical error; · Produce/agricultural uses - parking quantities and locations; CITY OF MURRIETA Printed on 10/10/2024Page 1 of 2
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Agenda Item No. 8.
· Sign updates;
· Residential accessory structures;
· Accessory dwelling units;
· Telecommunications facilities;
· Auto sales and screening;
· Residential wedding facilities;
· Report of Commission actions to City Council;
· Final map updates;
· Providing a Gross Floor Area (GFA) definition;
· Minor appeal updates;
· Minor nuisance abatement updates; and
· Minor updates for driveway surface parking in the ER-2 Zone.
FISCAL IMPACT
None.
ATTACHMENTS
1. Ordinance No. 610-24
2. Draft NOE
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ORDINANCE NO. 610-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE
MURRIETA DEVELOPMENT CODE TO REVISE CHAPTERS 16.18,
16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, AND 16.110, AND AMENDING TITLES 1, 8, AND 10 OF THE MURRIETA MUNICIPAL
CODE TO REVISE CHAPTERS 1.26, 8.28, AND 10.44
Summary: This ordinance updates the City’s codes to reflect changes in state law and add new regulations for parking, construction noise, and other items.
WHEREAS, the City of Murrieta (“City”) proposes amendment s to the City’s Development Code for the purpose of revising and updating Chapters 16.18, 16.22, 16.30, 16.34,
16.38, 16.44, 16.46, 16.90, 16.98, and 16.110 (“Development Code Amendment”) as provided under Section 3; and
WHEREAS, MCA-2023-00003 includes an update and clean -up to provide consistency and eliminate errors within the chapters of the City’s Development Code as identified above; and
WHEREAS, on December 13, 2023, the City of Murrieta Planning Commission held a public workshop on the proposed Development Code Amendments; and
WHEREAS, on June 26, 2024, the City of Murrieta Planning Commission held a duly noticed public hearing on the proposed Development Code Amendments and discussed the proposed Development Code Amendments, after a staff report was presented and evidence in the record was provided to support the findings required by the Murrieta Development Code Section
16.58.080; and
WHEREAS, the Planning Commission considered and discussed the public comments and written information provided at the December 12, 2023 workshop as well as at its public hearing, and determined that the proposed Development Code Amendments are appropriate; and
WHEREAS, at the time of the public hearing staff recommended two modifications to the draft Ordinance which w ere subsequently approved by the Planning Commission. T his included the removal of proposed restrictions on vehicular-mounted signs that were under consideration for Section 16.60.050, subsection D, and the removal of the proposed parameters for slaughtering and rendering activities which were under consideration for Section 16.44.040; and WHEREAS, the City staff also proposes an amendment to the City’s Municipal Code for the purpose of revising and updating Chapters 1.26, 8.28, and 10.44 as provided under Section 4; and
WHEREAS, the City Council, after notice duly given as required by law, held a public hearing on September 3 , 2024 at 6: 00 p.m., in the City Hall council chamber to consider this 188
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proposed Ordinance No. 610-24, and heard all arguments for and against this proposal.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. FINDINGS
Based upon the substantial evidence presented to the City Council on September 17, 2024 , including written and oral staff reports and public written and oral testimony, and in accordance with Murrieta Development Code Chapter 16.58, the City Council of the City of Murrieta approves the Development Code Amendment set forth herein in accordance with the following findings pursuant to Development Code Section 16.58.080:
Findings and Recommended Approval for Development Code Amendments:
a. The proposed amendment ensures and maintains internal consistency with all of the objectives, policies, general plan land uses, programs , and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Land Use Element. This De velopment Code Amendment updates and amends Chapters
16.18, 16.22, 16.30, 16.34, 16.38, 16.44, 16.46, 16.90, 16.98, and 16.110 in order to provide accurate and consistent information throughout the City’s Development Code.
b. The proposed amendment would n ot be detrimental to the public convenience, health, safety or general welfare of the city;
FACTS: The proposed amendment addresses errors within the City’s Development Code, in order to provide accurate and consistent information throughout the City’s Development Code, which will maintain the public convenience, health and safety, and general welfare of the City.
c. The proposed amendment is internally consistent with other applicable provisions of the development code.
FACTS: The proposed amendment addresses errors within the City’s Development Code, in order to provide accurate and consistent information throughout the City’s Development Code specifically Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.44, 189
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16.46, 16.90, 16.98, and 16.110 and thereby, is internally consistent. d. The proposed amendment is in compliance with the provision s of the California Environmental Quality Act (CEQA).
FACTS: The proposed Development Code Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, as the proposed Development Code revisions would have no significant adverse effects on the environment. The changes being considered in the ordinance amendments are intended to address u pdated code enforcement processes, processing requirement s for Final Maps, updated definitions, removing minor planning processes that are no longer utilized, minor updates to parking and signage, notification updates as provided through Fire Department, as it relates to implementation at a local government level, and development code errors and inconsistencies, and streamline permit processing without undermining or minimizing CEQA review of discretionary permits.
Therefore, the Ordinance Amendments are exempt under Section 15061(b)(3).
SECTION 3. Section 16.18.070 of the Murrieta Development Code “Hazardous Materials Storage” is hereby replaced to read as follows:
“The following standards are intended to ensure that the use, handling, storage, and transportation of hazardous substances comply with all applicable state laws (Government Code Section 65850.2 and Health and Safety Code Section 25505, et seq.) and that appropriate information is reported to the city.
A minor conditional use permit is required pursuant to Chapter 16.52 (Conditional Use Permits) for the storage of hazardous materials in conjunction with an on-site primary use where quantities are in excess of the threshold(s) specified in the California Building and Fire Code(s).
For the purposes of this section, "hazardous substances" shall include all substances on the comprehensive master list of hazardous substances compiled and maintained by the California Department of Health Services and the Riverside County Department of Environmental Health.
A. Reporting Requirements. All businesses required by state law (Health and Safety Code, Section 6.95) to prepare hazardous materials release response plans shall submit copies of these plans, including any revisions, to the director at the same time these plans are submitted to the fire department and the Riverside County Department of Environmental Health.
B. Underground Storage. Underground storage of hazardous substances shall comply with all applicable requirements of state law (Health and Safety Code, Section 6.7; and Chapters 50 – 67 of California Fire Code and Sections 414 and 415 of the California Building Code. Businesses that use underground storage tanks shall comply with the following notification procedures:
1. Immediately notify the fire department of any unauthorized release of hazardous substances and take steps necessary to control the release; and 190
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2. Notify the fire department and the director of any proposed abandoning. closing, or termination of operations of underground storage tank(s) and the lawful actions to be taken to dispose of any hazardous substances in accordance with all local, state, and federal codes and/or standards.
C. Aboveground Storage. Aboveground storage tanks for flammable liquids may be permitted at construction sites subject to the approval of the fire code official.
D. New Development. Structures subject to the provisions of this development code as well as all newly created parcels shall be designed to accommodate a setback of at least fifty (50) feet from any existing natural gas or petroleum pipeline. This setback may be reduced, only if the director can make one or more of the following findings:
1. The structure would be protected from the radiant heat of an explosion by berming or other physical barriers;
2. A fifty (50) foot setback would be impractical or unnecessary because of existing topography, streets, parcel lines, or easements; or
3. A containment system or other mitigating facility shall be constructed. and the city engineer finds that a leak would accumulate within the reduced setback area. The design of the system shall be subject to the approval of the city engineer and a fire code official approved by the fire protection engineer.
For the purpose of this section, a pipeline is defined as follows:
1. A pipe with a nominal diameter of six inches or more that is used to transport hazardous liquid, but does not include a pipe used to transport or store hazardous liquid within a refinery, storage, or manufacturing facility; or
2. A pipe with a nominal diameter of six inches or more operated at a pressure of more than two hundred seventy-five (275) pounds for each square inch that carries gas.
E. Notification Required. A subdivider of a development within five hundred (500) feet of a pipeline shall notify a new/potential owner at the time of purchase and at the close of escrow of the location, size, and type of pipeline.”
SECTION 4. Tables 3-1 “Multi-Family Development Minimum Common Storage Areas Required (Sq. Ft.)” and 3 -2 “Nonresidential Structures Minimum Storage Areas Required (Sq.
Ft.)” in Section 16.18.150 of the Murrieta Development Code “Solid Waste/Recyclable Materials Storage” are hereby replaced with the following tables:
“TABLE 16.18.150-1
MULTI-FAMILY DEVELOPMENT MINIMUM COMMON STORAGE AREAS
REQUIRED (SQ. FT.)
Number of Dwellings Refuse Recycling Total Area
2-6 12 12 24
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7-15 24 24 48
16-25 48 48 96
25 or more Every additional twenty-five (25) dwellings or fraction thereof shall require an additional forty-eight (48) square feet for solid waste and forty-eight (48) square feet for recyclables.
…
TABLE 16.18.150-2
NONRESIDENTIAL STRUCTURES MINIMUM STORAGE AREAS REQUIRED (SQ.
FT.)
Building Floor Area
(sq. ft.)
Refuse Recycling Total Area
0-5,000 12 12 24
5,001-10,000 24 24 48
10,001-25,000 48 48 96
25,001-50,000 96 96 192
50,001-75,000 144 144 288
75,001-100,000 192 192 384
100,001+ Every additional twenty-five thousand (25,000) sq. ft. shall require an additional forty-eight (48) sq. ft. for solid waste and forty-eight (48) sq. ft. for recyclables.
“
SECTION 5. Section 16.22.080 of the Murrieta Development Code “Prohibited Fence Materials” is hereby replaced to read as follows:
“A. Prohibited Fencing Materials.
1. Barbed wire, razor wire and other similar materials shall not be permitted as part of a fence or wall except as utilized for permitted agricultural and livestock operations; and
2. The use of chain-link fencing shall not be allowed within the front yard setback on a residentially zoned, except in the RR and RE zones or developed property along a property line adjacent to a street.
3. Barbed wire, razor wire, and similar materials installed prior to the effective date of Ordinance No. 610-24 shall be allowed to continue to be utilized for security purposes.
B. Exceptions to Prohibited Fencing Materials. Chain-link fences may be allowed when required for security or safety reasons, subject to the director's approval, which shall be conditioned to mitigate negative visual impacts. The conditions may include, but are not limited to, the following:
1. Inclusion of decorative elements (i.e., varied mesh sizes, vinyl or other coating and alternative post materials);
2. Inclusion of landscaping or alternative fence locations; and 192
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3. Maintenance of fencing materials and landscaping.”
SECTION 6. Subsection A(1) of Section 16.30.130 of the Murrieta Development Code “Acts Deemed Violations of Chapter” is hereby replaced to read as follows:
“The following acts are a violation of this chapter.
A. Construction Noise.
1. Operating or causing the operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of eight p.m. and seven a.m., or at any time on Saturdays, Sundays, or holidays so that the sound creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities.”
SECTION 7. “Table 3-7 Parking Requirements by Land Use” of Section 16.34.040 of the Murrieta Development Code “Number of Parking Spaces Required” is hereby replaced to read as follows:
“TABLE 3-7
PARKING REQUIREMENTS BY LAND USE
Agricultural Uses Vehicle Spaces Required
Produce Stands (Issued by
Temporary Use Permit)
Minimum of 3 on-site parking spaces.
The parking area shall be set back from any public
right-of-way in compliance with the underlying
zone. This area shall be kept clear to provide
unobstructed visibility for motorists.
Agriculture Processing 1 per 1,500 sq. ft. of use area.
The parking area shall be set back from any public
right-of-way in compliance with the underlying
zone. This area shall be kept clear to provide
unobstructed visibility for motorists.
Equestrian Facilities 1 per 3 corrals plus 1 horse trailer space for every 10 corrals plus 2 for a caretaker’s unit.
The parking area shall be set back from any public
right-of-way in compliance with the underlying
zone. This area shall be kept clear to provide
unobstructed visibility for motorists.
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..”
SECTION 8. Section 16.38.080 of the Murrieta Development Code “Prohibited Signs” is hereby replaced in its entirety to read as follows:
“The following signs are inconsistent with the purposes and standards of this chapter and are, therefore, prohibited in all zoning districts:
A. Abandoned and/or dilapidated signs and sign structures; B. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except time/temperature devices;
C. Banners, flags, and pennants, except as specifically allowed by the provisions of Section
16.38.055 (Temporary Commercial Signs);
D. Bench signs, except at approved bus passenger loading areas in areas other than single- family residential districts;
E. Changeable copy signs, except as approved for a civic organization/institution, movie theater, regional mall, auto center, or unless otherwise approved by a sign program, or as allowed pursuant to Section 16.38.020 (C)(Message Substitution); F. Inflated signs, balloons, and figures;
G. Light bulb strings except for temporary uses (e.g., Christmas tree lots), exposed tubing (neon), and light-emitting diode (LED) or similar lighting technology, except as allowed by a comprehensive sign program;
H. Obscene or offensive signs containing statements, words, or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political, or scientific value; I. Off-site signs not specifically allowed by the provisions of this chapter, including billboards and outdoor advertising not specifically authorized pursuant to Section 16.38.150; J. Painted signs on fences, walls or roofs;
K. Portable signs, this provision does not apply to noncommercial signs; L. Pole signs;
M. Projecting signs:
N. Roof signs;
O. Signs erected in a manner that a portion of its surface or supports will interfere in any way with the free use of a fire escape, exit, or standpipe or obstruct a required ventilator, door, stairway, or window above the first story;
P. Signs not in compliance with the provisions of this chapter; Q. Signs emitting audible sounds, odors, or visible matter; 194
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R. Signs that conflict with or imitate traffic control devices due to color, wording, design, location or illumination, or that interfere with the safe and efficient flow of vehicular and/or pedestrian traffic;
S. Signs on public property or projecting within the public right-of-way, except with an encroachment permit issued by the city;
T. Signs which are a danger to the public or are unsafe; U. Signs which are a traffic hazard not created by relocation of streets or highways or by acts of the city;
V. Vehicle signs; or
W. Illegal Signs pursuant to Section 16.38.085.”
SECTION 9. Section 16.38.140 “Sign Standards by Zoning District” of the Murrieta Development Code is hereby replaced in its entirety to read as follows:
“The sign standards provided in this chapter are intended to apply to signs in all zoning districts.
Only signs authorized by this chapter shall be allowed unless otherwise expressly provided in this chapter. The standards provided herein do not apply to billboards subject to a relocation agreement.
TABLE 16.38.140-1
SIGN STANDARDS - RESIDENTIAL
CLASS SIGN
TYPE
NUMBER SIGN
AREA
HEIGHT REMARKS
Neighborhood
identification
Wall or
monument
Two per entry
(one at each
corner)
Twenty-
four (24)
square
feet
Six feet for
wall sign
and four
feet for
monument
sign.
1. Copy shall be
limited to the name
of the development.
Multi-family
identification
Wall One per street
frontage with
a maximum of
two per
development.
Twenty-
four (24)
square
feet
Sign shall
not project
above the
edge of
roof
1. Signs shall
harmonize with the
scale and design of
the development.
2. Indirect lighting
only.
3. Monument signs
Monument One per street
frontage with
Twenty-
four (24)
Six feet
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a maximum of
two per
development.
square
feet
shall be placed no
closer than five feet
from the property
line. Corner locations
shall be approved by
city engineer.
4. Refer to the
Objective Design
Guidelines (ODS) for
additional criteria.
Multi-family
site directory
Monument One per
vehicular
entrance
Twelve
(12)
square
feet
Six feet 1. To direct visitors
and emergency
vehicles to buildings.
2. Sign shall be
conveniently located
and shall not be
located within the
entry throat in a
manner that could
block access.
3. Illuminated for
legibility twenty-four
(24) hours a day.
4. Sign shall locate
building, driveway
locations, and
address of each
building. Fire hydrant
or knox box locations
may also be shown as
required by the fire
department.
5. Copy shall be
minimum one inch in
height and legible
from twenty (20)
feet.
6. Refer to the
Objective Design
Guidelines (ODS) for
additional criteria.
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Model home
complex
Temporary
sign on-site
Two on-site
temporary
signs
permitted. One
each main
street of
project.
One
hundred
(100)
square
feet
Fifteen
(15) feet
1. Signs shall be
removed within ten
days from the date of
the final sale of the
land and/or
residences.
2. Signs shall be for
identification of
subdivision, price
information, and the
developers name,
address, and
telephone number.
Flags,
banners,
pennants
Per director Per
director
Per director
Real estate
signs
One per lot Four
square
feet
Seven feet 1. See Section
16.38.050(C).
Non-
residential uses
1. Subject to the
Civic/Institutional
sign allowances.
TABLE 16.38.140-2
WALL SIGN STANDARDS - NON-RESIDENTIAL
PRIMARY FRONTAGE NON-PRIMARY FRONTAGE
1.5 square feet per 1 lineal foot of frontage
not to exceed 250 square feet of sign area
1 square feet per 1 lineal foot of frontage
not to exceed 150 square feet of sign area
TABLE 16.38.140-3
FREESTANDING SIGN STANDARDS – COMMERCIAL, INDUSTRIAL, OFFICE,
BUSINESS PARK, AND INNOVATION
MONUMENT PYLON FREEWAY SIGNS REMARKS
All
Commercial
One sign; 24
sq.ft.in sign area
If more than
300 lineal feet
of street
Up to 25 acres in
size - 1 sign,
1. Digital
display is
permitted on
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zones (NC,
CC, RC)
Single
tenant
per side; 8' max
height.
frontage one
Pylon sign;
60sq.ft.max
sign area and
12' max
height.
225sq.ft.max sign
area; 40' max height.
>25 acres - 1 sign,
500sq.ft max sign
area; 60' max height.
*1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes signs
of different
parcels/development .
Within 150 ft. of
freeway right-of-way.
All freeway signs
shall include the
City's name and logo.
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
sign per
development
shall include
the center's
name. This
sign area will
not count
towards the
overall
allowed
signage area
of said sign.
3. If project
site is located
on comers of
major
arterials it is
subject to
section
16.38.130.
Multi-tenant One per street
frontage; 50 sq.
ft. in sign area
per side; 10'
max height. If
more than 300
lineal feet of
frontage one
additional sign
is allowed along
one frontage.
Signs shall have
a 200 foot
>2.5 up to 6
acres - 1 max;
60 sq. ft. max
sign area and
12' max
height
>6acres<10- 2
max; one per
street
frontage; 200-
foot
separation
from all other
signs; 60 sq.ft.
Up to 25 acres in
size - 1 sign, 225sq.ft.
sign area; 40' max
height.
>25 acres - 1 sign,
500sq.ft. max sign
area; 60' max height.
*1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes signs
1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
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separation from
any other signs.
max sign area;
12' max
height.
>10acres<25
- 3 Max; at
100 sq. ft.
max sign area;
20' max
height; 200-
foot
separation
from all other
signs.
>25 acres - 4
max; 200 sq.
ft. max sign
area; 25' max
height; 200-
foot
separation
from all other
signs. If
project site
has more than
1200 lineal
feet of street
frontage one
additional
pylon is
allowed.
of different
parcels/development .
Within 150 ft. of
freeway right-of-way.
All freeway signs
shall include the
City's name and logo.
sign per
development
shall include
the center's
name. This
sign area will
not count
towards the
overall
allowed
signage area
of said sign.
3. If project
site is located
on corners of
major
arterials it is
subject to
section
16.38.130.
Office (O and ORP), Business Park, Industrial (BP, GI, and GIA), Innovation (INN) Single
tenant
One sign; 24
sq.ft.in sign area
per side; 6' max
height.
Not Allowed Not Allowed 1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
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and/or pylon
sign per
development
shall include
the center's
name. This
sign area will
not count
towards the
overall
allowed
signage area
of said sign.
3. If project
site is located
on corners of
major
arterials it is
subject to
section
16.38.130.
Multi-tenant One per street
frontage; 50 sq.
ft. in sign area
per side; 10'
max height. If
more than 300
lineal feet of
frontage one
additional sign
is allowed along
one frontage.
Max of 3
monument signs
allowed. Signs
shall have a 200
foot separation
from any other
signs.
>2.5 acres up
to 25 acres
- 1 max; 60
sq. ft. max
sign area; 12
ft. max height.
>25 acres - 2
max; one per
street frontage
with 100 sq.
ft. max sign
area; 20 ft.
max height
Signs shall
have a 200
foot of
separation
from any
other signs
1 max 225sq.ft. in
sign area; 40' max
height
* 1000 ft. from other
freeway signs with
digital display or 500
feet from any other
freeway signs on the
same side of the
street, includes signs
of different
parcels/development .
Within 150 ft. of
freeway right-of-way.
All freeway signs
shall include the
City's name and logo.
1. Digital
display is
permitted on
one
freestanding
sign per
center and
shall occupy
a max of
20% of that
sign's area.
2. One
monument
and/or pylon
sign per
development
shall include
the center's
name. This
sign area will
not count
towards the
overall
allowed
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signage area
of said sign.
3. If project
site is located
on corners of
major
arterials it is
subject to
section
16.38.130.
TABLE 16.38.140-4
SIGN STANDARDS - CIVIC/INSTITUTIONAL
WALL MONUMENT PYLON FREEWAY REMARKS
Civic/
Institutional
1 per
building
frontage
facing a
public
street; max
2 wall
signs; with
a max sign
area of 200
square feet.
One sign per
street frontage;
24 sq.ft.in sign
area per side; 6'
max height.
“
SECTION 10. Section 16.44.040 of the Murrieta Development Code “Animal Keeping” is hereby replaced in its entirety to read as follows:
“The purpose of this section is to ensure that the raising and maintenance of animals does not create an adverse impact on adjacent properties by reason of dust, noise, visual blight, odor, fumes, bright lights or insect infestations.
A. Pre-existing Uses. Any legally established noncommercial and nonconforming animal keeping use that be-came nonconforming upon adoption of this development code, shall be permitted to continue subject to Chapter 16.32 (Nonconforming Uses, Structures, and Parcels).
B. Existing Lots of Record. Animals may be kept on legally established lots of record that are less than the minimum lot size reference in Table 16.44.040-1 subject to compliance with setback regulations of the underlying zoning district and subject to approval by the director.
C. Permitted Uses. Animal keeping uses allowed in Article II (Zoning Districts and Allowable Land Uses), shall comply with the standards provided in Table 16.44.040-1 below and 201
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with all other standards and requirements of this section and with all other applicable ordinances and regulations.
D. Exempt Uses. All permitted kennels shall be ruled exempt from the standards contained in Table 16.44.040-1, Animal Keeping Standards, and all other standards and requirements of this section.
E. Animal Keeping Standards.
1. The following standards shall apply to all animal keeping uses, where allowed within the residential zoning districts:
TABLE 16.44.010-1
ANIMAL KEEPING STANDARDS
Type of Animal Allowable Zoning
District
Maximum Number of
Animals per Site
Minimum Lot Size
Apiary (bees) RR, ER n/A One-half (1/2) acre
Aviary RR, ER Fifty (50) birds per
acre; more than fifty
(50), subject to CUP
One-half (1/2) acre
Cats or dogs All zones Four animals each None
All zones Eight animals total Two acres
Chickens RR, ER, SF1 4
12 30
7,200 sq. ft. to .49
acre
.5 to 1 acre
>1 acre
Chinchilla, nutria, hamsters,
guinea pigs, cavy and similar
small animals (raising for
commercial purposes)
RR, ER Subject to a CUP One acre
Exotic or wild animals RR, ER Subject to a CUP One-half (1/2) acre Frog farm RR, ER Subject to a CUP One acre
Household pets (e.g., birds,
domesticated rodents, non-
poisonous reptiles)
All zones No maximum None
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Poultry, fowl (not including
chickens)
RR, ER Thirty (30) animals per
acre
One-half (1/2) acre
Pot belly pigs (less than
eighty (80) lbs.)
All zones Four pigs Five thousand (5,000)
sq. ft.
Large (e.g., equine, bovine,
bison or similar sized
animals)
RR, ER Five per acre One-half (1/2) acre
Medium (e.g., sheep, goats,
and similar sized animals)
RR, ER One per five thousand
(5,000) sq. ft.
One-half (1/2) acre
Small (e.g., rabbits,
chinchillas, guinea pigs,
hamsters, and similar sized
animals)
All zones Six per five thousand
(5,000) sq. ft. up to one
acre. One acre or
larger, maximum one
hundred (100).
Five thousand (5,000)
sq. ft.
a. Setbacks for grazing, arenas, or areas where animals are kept apply to typical corral and fence construction. Barns, sheds, and similar accessory structures shall be subject to the standards and setbacks of the particular zoning district.
TABLE 16.44.040-2
Standard Minimum Distance/Size
Setback Front Zoning district setback
Side and rear Minimum three feet
From any habitable
dwelling
Minimum fifty (50) feet
Fence height Minimum five feet
Corral size Minimum two hundred eighty-eight (288) sq. ft. per animal (twelve (12) feet x twenty-four (24) feet) with a minimum ten foot interior dimensions
b. Apiaries, for the noncommercial use of occupants of the premises only, shall have all boxes or hives housing bees placed at least four hundred (400) feet from any highway, roads, or streets, any public school, park, property boundary or from any structure used as a dwelling or as a place of business. A water source shall be provided on-site. 203
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c. Offspring born to an allowed animal kept on the site may be kept until the animals are weaned (cats and dogs - four months; large animals - six months; horses - twelve (12) months). d. Rabbits shall be kept in an area with a wire mesh floor. e. The keeping of animals shall be subject to the waste removal requirements of municipal code Chapter 8.28 and any other applicable laws and ordinances. f. The keeping of animals shall comply with all local, county, state, and federal regulations including obtaining and maintaining applicable licenses.
2. A conditional use permit is required for the establishment of commercial and noncommercial dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments with outside runs subject to the requirements of the county health department and the following provisions:
a. The minimum parcel size shall be one acre.
b. Animal runs shall be an adequate size for animals held herein. c. Animal runs shall be constructed or coated with non-porous material to discourage the breeding of ticks and other similar pests.
d. Animal runs and animal holding areas shall have concrete or other durable flooring sloped for proper drainage.
e. Animal runs shall have adequate enclosures to provide protection from inclement weather.
f. Animal runs shall be provided with sufficient drains to control drainage and daily washing of the runs.
g. Kennels and catteries shall be serviced by sewer and all excrement produced by the animals shall be properly disposed of on a regular basis so as to control flies and odor, or stored in an enclosed container and disposed of on a regular basis. Existing kennels shall be permitted to remain on a septic system, including expansions to existing facilities. New expansions shall be subject to approval by the Riverside County environmental health department prior to issuance of building permits.
h. New kennels and expansions of existing kennels shall be subject to review and approval by the Riverside County health environmental department prior to the issuance of building permits.
i. Animal runs, exercise areas, or keeping of the kenneled animals for commercial or noncommercial purposes shall not be located within a required setback area. j. Facilities for dog kennels and catteries, dog training schools, small animal shelters, and dog and cat breeding establishments shall be subject to the setback standards for the underlying district.
3. Animals at Large:
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a. The animal control authority, peace officers, or persons employed for animal regulation purposes shall capture animals found at large within the city and shall handle the animals as impounded animals. Any owner or custodian of an animal found at large in the city shall be in violation of this section. An animal is at large whenever it is not on the premises of the owner or custodian of the animal and is unattended.
b. For any impounded animal, except a domesticated dog or cat, all reasonable costs incurred by the city and the animal control authority in connection with the capture and impoundment of the animal shall be the responsibility of the owner of the animal.
4. Chickens:
a. Chickens shall be contained within an enclosure or coop with an enclosed runway and an area providing protection from weather.
b. Enclosure or coop shall be in the rear or side yard and shall be setback ten feet from the rear and side yard property line.
c. The enclosure or coop shall be maintained in a clean and sanitary condition and free of offensive odors.
d. The slaughtering of any animal is prohibited in any residential zone. e. Roosters are prohibited.
f. Chickens under the age of 6 months are not counted towards the maximum number of chickens as provided in Table 16.44.040-1.
g. The commercial keeping of chickens in residential zones is prohibited.”
SECTION 11. Section 16.44.150 of the Murrieta Development Code “Residential Accessory Uses and Structures” is hereby replaced in its entirety to read as follows:
“This section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel. Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas and workshops. Accessory structures must obtain development plan approval pursuant to Chapter 16.56 (Development Plan Permits) of this title if a new accessory structure or addition results in an increase of more than one thousand (1,000) square feet, unless otherwise identified in this Section. Accessory dwelling units (ADUs) are separately defined by state law from residential accessory uses and structures. Please see Section 16.44.160 (Accessory Dwelling Units) for definitions, criteria, and processing requirements.
A. General Requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.
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1. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character of the site.
2. Attached Structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this development code applicable to the main structure, including but not limited to setbacks, heights, and lot coverage, unless a minor variance is approved. For accessory structures that propose an ADU component, please refer to Section 16.44.160 and Government Code 65852.2 for criteria with respect to the ADU components of the structure.
3. Detached Structures:
a. Coverage. The floor area of a single detached accessory structure shall not exceed one thousand (1,000) square feet, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area.
b. Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property whenever feasible. For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.2 for the exterior design criteria.
c. Setback Requirements. Setbacks shall be as provided by Table 16.44.150-1 (Required Setbacks—Accessory Uses and Structures). For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.1 for the setback criteria with respect to the ADU component of the structure.
d. Height. The maximum height of an accessory structure shall be in compliance with the height restriction for the zone, and shall not be greater than the height of the primary residence on the lot. An accessory structure proposing an ADU component shall be permitted to exceed the height of the primary residence for the portion of accessory structure containing and for accessing the ADU.
B. Antennas. Antennas are subject to the provisions of Section 16.44.170 (Telecommunications Facilities).
C. Garages. A detached accessory garage shall not be greater than one thousand (1,000) square feet or fifty (50) percent of the square footage of the main dwelling unit, whichever is less, or two thousand (2,000) square feet or fifty (50) percent of the square footage of the main dwelling unit in rural residential zones, whichever is greater. Size deviation may be authorized pursuant to section 16.56.020 (A).
D. Greenhouses. An accessory greenhouse may occupy up to five hundred (500) square feet for each dwelling unit or ten percent of the parcel, whichever is less.
E. Guest Living Quarters. Guest living quarters can be attached or detached for temporary use by guests or family members of the primary residence. Guest living quarters do not include a kitchen or wet-bar and may occupy up to 500 square feet and include restroom facilities. 206
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F. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:
1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their guests; and
2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the building code.
3. Setbacks. Swimming pool/spa shall maintain the required setback which is measured from water edge to property line for in-ground pool/spa and from the outside edge of the structure to property line for above ground pool/spa, and other above- ground structures such as slides, pool grottos, waterfalls, etc.
G. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following provisions:
1. Fencing: Shall be subject to the height limits of Chapter 16.22 (Fences, Hedges and Walls); and
2. Lighting. Court lighting shall not exceed a maximum height of twenty (20) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 16.18.100 (Lighting).
H. Workshops and Studios. Accessory structures intended for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. are subject to the following standards when located in a residential zoning district:
1. Limitation on Use: An accessory structure may be constructed or used as a studio or workshop in any residential zoning district for the following noncommercial activities:
a. Amusements or hobbies;
b. Artistic endeavors (e.g., painting, photography or sculpture); c. Maintenance of the main structure or yards;
d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or e. Other similar purposes.
Use of an accessory workshop for commercial activity shall be subject to the standards for home occupations, in compliance with Chapter 16.60; and
2. Floor Area. A workshop shall not occupy an area larger than one thousand (1,000) square feet, except where a workshop is combined with a garage. In this case subsection C (Garages), above, shall apply.
I. Rooming and Boarding House. A rooming and boarding house (including sober living homes), as defined in Chapter 16.110 of this title, may be established only upon approval of a 207
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conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards (Short-Term Vacation Rentals that are regulated separately fall outside of this criteria. See, Chapter 5.27 (Short-Term Vacation Rentals) of the Murrieta Municipal Code for further criteria on these uses):
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a rooming and boarding house or sober living home shall include the following information:
a. Any proposed restrictions or limitations on the resident profile, such as men only, women only, families with children, elderly or special needs; b. The number of rooms to be used for sleeping purposes, and the maximum number of residents including on-site management staff, if any; and c. Any proposed limitations on the maximum stay for each resident.
2. Site Location Criteria. In evaluating a proposed rooming and boarding house or sober living home the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether the use will result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. The proximity of the use to shopping and services, and access to public transportation; and
d. To avoid an over-concentration of rooming and boarding houses and sober living homes, there shall be a minimum separation requirement of five hundred (500) feet, measured from the nearest outside building walls, between the subject use and any other rooming and boarding home or other group housing as defined in this title or in state law.
3. Development Standards. Any rooming and boarding house or sober living home shall comply with the following:
a. Structures and landscaping shall be compatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; and e. Signs as permitted in Chapter 16.38.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
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5. Existing Facilities. Upon the expiration of any conditional use permit, an existing rooming and boarding house or sober living home must comply with the requirements of this Section 16.44.150.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants or residents, or any modifications to the conditions of approval pursuant to the required conditional use permit, shall require the immediate submittal of a request for revision of the required conditional use permit.
J. Parolee-Probationer Home. A parolee-probationer home, as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards.
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a parolee-probationer home shall include the following information:
a. Client profile (the subgroup of the population the facility is intended to serve); b. Maximum number of occupants, including support staff; c. Proposed maximum stay for each parolee-probationer; d. A description of support services to be provided on-site and projected staffing level, if any;
e. Site plan and floor plans; and
f. Rules of conduct and business management plan.
2. Site Location Criteria. In evaluating a proposed parolee-probationer home, the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether establishment of the facility will not result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. Facility shall be located along or near a collector or arterial street with reasonable access to public transportation;
d. Facility shall be accessible to necessary support services; e. To avoid an over-concentration of parolee-probationer homes, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other parolee-probationer home or other group housing as defined in this title or in state law;
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f. To avoid an over-concentration of group housing facilities, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other group housing as defined in this title or state law; and
g. That parolee-probationer homes shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth (12th) grade), student housing, senior housing, child care facilities, public parks and trails, or businesses licensed for on- or off-site sales of alcoholic beverages, as measured from any point on the outside walls of the parolee- probationer home to the nearest property line of the noted use.
3. Development Standards. Any parolee-probationer home shall comply with the following:
a. Facility shall be compatible with the character of the surrounding neighborhood; b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; e. Signs as permitted in Chapter 16.38;
f. On-site staff supervision shall be required for parolee-probationer homes during all hours of operation;
g. Individual client stays at parolee-probationer homes shall not exceed one hundred eighty (180) days; and
h. The facility’s management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the city and as required under the conditional use permit and, if the program offers certification, then that certification shall be obtained and maintained in current status.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities.
a. Upon the expiration of any conditional use permit, an existing parolee-probationer home must comply with the requirements of this Section 16.44.150J. b. An existing parolee-probationer home established pursuant to any conditional use permit discontinued for any period of time, excluding a maximum thirty- (30-) day closure required to perform necessary repair or restoration which does not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a parolee-probationer home on the premises shall be required to first obtain a new conditional use permit. 210
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6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants, residents or parolees- probationers, or modifications to the conditions of approval pursuant to the required conditional use permit shall require the immediate submittal of a request for revision of the required conditional use permit.
K. Cargo Containers As An Accessory Structure. The purpose of this section is to allow cargo containers to be placed on private property in a permanent manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate residential neighborhood and will not become a nuisance to the community.
1. Permanent use.
a. It shall be limited to one (1) cargo container for parcels between one (1) and two (2) acres. One (1) additional container may be proposed for parcels greater than two (2) acres. b. The permanent placement of a cargo container shall be limited to the Rural Residential (RR) and Estate Residential 1 (ER-1) zones that are greater than one (1) acre or more. c. The approval shall be specific to a location and shall not be transferable to other locations or property.
d. It shall meet all requirements as set forth in the California Building and Fire Code(s). e. It shall be limited to a “storage occupancy” as categorized under the California Building and Fire Code(s).
f. It shall be accessory to the primary use of the property for the storage of nonflammable, noncombustible, nonhazardous materials and supplies.
g. The cargo container shall be modified in such a manner to match the main residential structure in terms of exterior colors, trim, and roofing style. On larger parcels, over two (2) acres or more, the modifications shall be limited to the paint color of the exterior in terms of matching the main residential structure.
h. Structure setbacks shall be provided as noted in Table 16.44.150-1. i. It shall comply with and height and lot coverage thresholds as defined within Rural Residential (RR) and the Estate Residential 1 (ER-1) zones. j. Landscape screening methods shall be provided on-site for the portions of the container visible from the public right-of-way to the satisfaction of the Development Services Director or their designee.
k. Existing cargo containers at existing residential properties can remain in place 18 months from the effective date of Ordinance___.
TABLE 16.44.150-1
REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES
Single-family Homes
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Accessory Structure Type of Setback1 Required Setback2
Garage, gazebo, greenhouse, patio
cover, storage shed, workshop (more
than one hundred twenty (120)
square feet)
Side and rear Five feet; unless adjacent to a
public street when the setback
shall be ten feet
Gazebo, greenhouse, patio cover,
storage shed, (less than one hundred
twenty (120) square feet)3
Sides and rear Three feet to the furthest
projection
Swimming pool, spa, fish pond,
outdoor play equipment4
Sides and rear Five feet
Stationary barbecue, fire pit, propane
tank
Front,
sides and rear
Ten feet
Three feet for non-high-fire
zone areas of the City. For high-
fire zone areas, please contact
the City prior to placement for
the minimum distance required
to comply with the California
Fire Code
Air conditioning equipment, pool and
spa equipment, ground-based
antennas
Sides and rear Four feet
Cargo Containers As An Accessory
Structure6
Front,
Side, min. distance from
another structure,
Rear
Twenty-five feet
Ten feet,
Eight feet
Exterior staircases for balconies, pool
slides
Front,
Side, min. distance from
another structure,
Rear
Same as the main structure
Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
Decks exempted from a building
permit
All sides Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
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Decks requiring a building permit
(Over 18 inches in vertical height)
All sides Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
Multi-family Homes
Accessory Structure Type of Setback1 Required Setback2
Garage, gazebo, greenhouse, patio
cover, storage shed, workshop
All sides Five feet; unless adjacent to a
public street where the setback
shall be ten feet
Gazebo, greenhouse, patio cover,
storage shed, (less than one hundred
twenty (120) square feet)3
All sides Three feet to the furthest
projection
Swimming pool, spa, fish pond,
outdoor play equipment, waterslide4
All sides Ten feet
Stationary barbecue, fire pit, propane
tank
Sides and rear
Front
Sides and rear
Ten feet
Three feet for non-high-fire
zone areas of the City. For high-
fire zone areas, please contact
the City prior to placement for
the minimum distance required
to comply with the California
Fire Code
Air conditioning equipment, pool and
spa equipment, ground-based
antennas6
Sides and rear Five feet
Exterior staircases for balconies, pool
slides
Front,
Side, min. distance from
another structure,
Rear
Same as the main structure
Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
Decks exempted from a building
permit
All sides Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
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Decks requiring a building permit
(Over 18 inches in vertical height)
All sides Shall meet the minimum
requirements as provided under
the California Fire and Building
Code(s)
Notes:
(1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director. (2) A structure, projection or equipment shall not be placed or occur beyond the setbacks as identified in Table 16.44.150-1.
(3) Building permits are not required for accessory structures one hundred twenty (120) square feet or less in area and twelve (12) feet or less in height. However, if a structure is proposing plumbing, electrical, or mechanical components, a building permit is required. (4) Existing single family detached lots with lot widths less than required by the zone may utilize a reduced setback equal to ten percent (10%) of the lot width but in no case closer than three (3) feet. (5) Small structures that are less than six (6) feet in height and do not extend above an adjoining solid fence or wall is exempt from setback requirements.
(6) Limited to Rural Residential (RR) and Estate Residential (ER-1) Zones with a minimum of a one (1) acre parcel area. Shipping containers, anchored in conformance with California Building Code Section 3115 and Chapter 16, shall not be subject to any building separation requirements otherwise required by the Development Code.
”
SECTION 12. Section 16.44.160 of the Murrieta Development Code “Accessory Dwelling Units” is hereby replaced to read in its entirety as follows:
“A. Purpose. This section provides standards for the establishment of accessory dwelling units.
Pursuant to Government Code 66323 local governments have the authority to adopt regulations designed to promote accessory units. An accessory dwelling unit which conforms to the requirements of this Section 16.44.160 shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential unit, which is consistent with the General Plan and zoning classification for the lot.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions).
1. Accessory Dwelling Unit (ADU). Refer to Government Code Section 66313 for definition.
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2. Junior Accessory Dwelling Unit (JADU) shall have the same meaning as defined in Government Code Section 66313.
3. Public Transit means, including but limited, a fixed-route service open to the public at large and includes transit stations, bus stations, and bus stops, as operated by the Riverside Transit Agency or another fixed route service as adopted by City Council resolution as it pertains to Chapter 16.44.160 of this title.
C. Standard of Review. ADU and JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this Section 16.44.160 are met, notwithstanding any other requirements of state law or this development code.
D. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Allowed. The number of accessory dwelling unit(s) and junior accessory dwelling unit on a parcel shall be allowed pursuant to State Law as applicable to single-family, multi-family, and mixed-zoned parcels:
1. At a residential parcel with an existing or proposed single-family dwelling: one ADU and one JADU shall be permitted. An ADU may be combined with a JADU unit within a single- family residence pursuant to the requirements of Government Code Section 66323.
2. At a parcel with an existing multi-family dwelling, two detached ADUs shall be permitted pursuant to Government Code Section 66323. Additionally, one ADU and 25 percent of the number of existing units within the multi-family building may be counted towards the conversion requirements of Government Code Section 66323.
E. Site Requirements. A parcel proposed for an accessory dwelling unit shall comply with all the following requirements:
1. The parcel shall allow for setbacks for an ADU or JADU consistent with Government Code Section 66323.
2. Occupancy requirements of the ADU and JADU shall be consistent with the provisions of Government Code Section 66315. For a JADU, a covenant shall be recorded in the Riverside County clerk's office against the title declaring that the property owner must occupy either the primary residence or the JADU consistent with the provisions of Government Code Section 66333.
3. An ADU may only be sold in limited situations pursuant to Government Code Section(s) 66340 and 66341.
4. A covenant shall be recorded in the Riverside County clerk's office against the title of the parcel declaring that the ADU(s) and/or JADU shall not be used for short term rentals less than 30 days.
F. Design Standards. An ADU and JADU shall meet the following:
1. Size and Setback Restrictions:
a. A JADU shall be reflective of the setback and square footage provisions consistent with Government Code Section(s) 66313 and 66323.
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b. An attached or detached ADU shall be reflective of the setback and square footage provisions consistent with Government Code Section 66323. c. If the ADU and/or JADU unit is proposed within the parameters of an existing or proposed single-family dwelling, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. If the ADU is proposed within the parameters of an existing accessory structure, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. ADU and JADU types are also required to meet fire and safety standards per Government Code Section 66323(a)(1)(C).
2. Architecture and Standards:
a. At single-family locations the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the main dwelling unit; b. At multi-family locations, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit.
c. Restroom and kitchen facilities for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.
d. Access for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.
G. Parking. The ADU shall provide one off-street parking space in addition to that required for the main dwelling unit, in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards). No off-street parking is required for the ADU if it meets any of the following:
1. Is within a half mile walking distance from public transit. Refer to definition in Section 16.44.160.B.
2. Is within an architecturally and historically significant historic district.
3. Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
4. Is located within one block of a car share area.
5. The ADU is a part of the proposed or existing primary residence or an accessory structure.
6. Is a JADU as defined under Government Code Section 65852.21.
H. Review of Application. Review of the ADU and JADU shall be consistent with the following:
1. A permit application for an ADU or a JADU unit shall be considered and approved ministerially without discretionary review or a hearing. 216
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2. The City shall act on an application to create an ADU or a JADU within 60 days from the date the local agency receives a completed application.
3. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
I. Conflicting Standards. If there is a conflicting applicability between the requirements of this section and requirements as described under State Law, State Law shall apply.”
SECTION 13. Subsection (A)(6) of the Section 16.44.170 of the Murrieta Development Code “Telecommunications Facilities” is hereby amended in part to read as follows:
“6. Nonresidential Zoning District Standards. In nonresidential zoning districts, satellite dishes may be roof- or ground-mounted subject to the following standards. a. Development Plan Permit. A development plan permit in compliance with Chapter
16.56 (Development Plan Permits) shall be required for the construction and/or placement of a satellite dish in a commercial, innovation, or industrial zoning district. b. Ground-mounted. If ground-mounted, dishes shall not be located between a structure and an adjoining street and shall be screened from public view and neighboring parcels. c. Roof-mounted. If roof-mounted, dishes shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the director. Screening materials shall be architecturally compatible with the rest of the structure. d. Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet.
This provision may be modified by the director if strict compliance would result in substandard reception.
e. Height and Location. The height and location of the satellite dish shall comply with the requirements of the applicable zoning district. The height provision may be modified by the director if strict compliance would result in substandard reception. f. Setbacks. If the subject parcel abuts a residential zoning district, the dish shall be set back a minimum distance from the lot line equal to the height of the antenna.”
SECTION 14. Section 16.44.180 of the Murrieta Development Code “Vehicle Dealerships” is hereby replaced in its entirety to read as follows:
“16.44.180 Vehicle Dealerships.
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A. Design Issues. Vehicle dealerships are establishments that specialize in the sale of one or more lines of new automobiles and/or used vehicles and in the servicing of that line or lines.
B. Site Planning.
1. Showrooms shall be oriented toward major public streets.
2. Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (four feet maximum) that are architecturally compatible with the project.
Rotating vehicle display plat-forms are not allowed.
3. Provisions shall be made onsite for the unloading of vehicles from carriers. Vehicle unloading on non-residential streets may occur in the right-of-way only if special turn-outs are provided.
4. Screened storage areas shall be provided for vehicles awaiting repairs.
5. Potentially noisy activities, (e.g., vehicle repair, cleaning, or testing) shall not be located near or oriented towards residential.
6. Customer parking shall be provided for the sales, service, and parts areas.
7. Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street.
8. All non-vehicle storage areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle storage, shall occur that is visible from a public street.
C. Building Design.
1. Buildings shall be stylistically consistent on all sides, carefully detailed. and architecturally related to each other.
2. Service uses shall be wholly contained within a building of solid (e.g. masonry) construction. All vehicle access to the individual service bays shall be from within the building itself with no more than two or three exterior doors to provide access to the building. The access points to the service building shall not be visible from or face toward a public street or any adjacent residential uses.
3. Walls and fences shall be architecturally compatible with the buildings. 218
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D. Special Requirements.
1. All outdoor lighting shall be consistent with the Mount Palomar dark sky provisions regarding lighting see Section 16.18.110 (Mount Palomar Lighting Standard).
2. Public address systems, shall not be used in outdoor areas. Beepers and/or personal pagers can be used if necessary to contact employees outdoors.
3. Wash racks shall be located so that they are not visible or audible from a public street or residential area. Wash areas shall be designed to comply with city requirements for stormwater/urban runoff management and discharge controls.
4. All non-vehicle storage areas shall be screened from public view from adjoining properties and from the public right-of-way by appropriately designed walls and landscaping.
5. Compressors and similar equipment shall be located in the interior of the site to minimize impacts on adjacent properties.
6. Because landscaping along display perimeters is typically minimal and low level, other landscaped areas shall be designed to compensate for the absence of vertical landscape elements.
Building perimeters shall be heavily landscaped and parking lots shall contain significantly more landscaping than is required for retail commercial parking lots.
7. All new dealerships whose sales consist primarily of new vehicles shall submit a comprehensive sign program application consistent with § 16.38.060. If no sign program is approved, the dealership will be subject to the sign standards of the zone.”
SECTION 15. Section 16.44.230 of the Murrieta Development Code “Wedding/Event Facilities in the RR and ER Districts” is hereby replaced in its entirety to read as follows:
“16.44.230 Wedding/Event Facilities in the RR and ER Districts. 219
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A. Purpose and Intent. It is the purpose and intent of this section to allow a homeowner with a property of five (5) acres or greater to utilize their residence for occasional weddings or events within the RR and ER districts. Implementation of the regulations and standards within this section will ensure that wedding/event facilities in the RR and ER districts will be conducted in an orderly manner that will not result in a change to the residential character of the surrounding community.
The standards contained below will be placed on properties authorized to hold wedding/events within the RR and ER Districts, based on the parcel size and proximity to existing improvements.
B. Wedding/Event Facilities - General. Wedding/event facilities may be allowed on properties of five (5) acres or greater in the RR and ER districts subject to the approval of a minor conditional use permit pursuant to Chapter 16.52 (Conditional Use Permit), in compliance with, but not limited to, the following standards:
1. Parking. Adequate on-site parking facilities, pedestrian and vehicular circulation, and vehicular ingress and egress, shall be provided in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards) and Section 16.44.230.C .
2. Number of Days/Hours of Operation. The director shall impose reasonable restriction on the number of events that can occur during a week, on which days of the week these can occur and the hours of operation. Specific criteria are contained in Section 16.44.230.C.
3. Sanitary Facilities. The director shall determine the appropriate quantity and location for any for sanitary facilities. All facilities shall be located on-site, and shall comply with accessibility requirements and the requirements of the Riverside County Health Department.
Additional criteria are contained in Section 16.44.230.C.
4. Security. Provision for security and safety measures shall be provided, if applicable.
Recent contact information shall be maintained on file with the city at all times.
5. Signs. One externally illuminated monument sign shall be permitted and shall be located at access points to the parcel, subject to the following criteria:
a. Signs are allowed only for frontages adjoining a public street; b. Monument signs shall not be located closer than five feet from a property line; c. The maximum sign area shall be twenty (20) square feet per side and not exceed four (4) feet in height;
d. Signs shall be constructed of natural materials;
e. Landscaping shall be provided at the base of the supporting structure equal to twice the area of one face of the sign;
f. The monument sign shall not be illuminated after 10:00 p.m. on evenings when there are no events and shall be turned off at the conclusion of events; 220
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g. Monument signs shall contain an address plate identifying the project or use by specific street address. The address plate shall not exceed four square feet in area. Numbers shall be a minimum of six inches in height. Address plates shall not be calculated against the allowed sign area;
h. Illumination shall be down lit and shall not be allowed to spill over into, or provide glare, to adjacent properties or rights-of-way;
i. On-site directional signage shall be no larger than twelve (12) square feet in area and its design shall be complimentary to the monument sign.
6. Solid Waste Collection and Disposal. The facility shall include provisions for solid waste, recycling and/or disposal with specific criteria contained in Section 16.44.230.C.
7. Other Conditions. The director shall require any other conditions which will ensure the operation of the facility in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
C. Site-Specific Development Performance Standards.
1. Days and Hours of Operation. The site may be used for a maximum of two events per week, unless otherwise modified by the permit approval. No more than two events may occur on sequential dates. All events shall begin after 10:00 a.m. and shall be completed by 12:00 a.m.
2. Noise Levels and Monitoring. Noise levels generated from events shall be subject to the following criteria:
a. All noise generated by the event use shall conform to the thresholds established for Zone II of Table 3-6, Exterior Noise Standards of section 16.30.090 (Exterior Noise Standards), and shall be subject to the provisions contained therein; b. Noise levels for events shall not exceed the city's noise standards, either during set up or as part of the event;
c. The applicant shall monitor and ensure that the noise levels shall not exceed City of Murrieta noise standards;
d. Any noise generating activities shall be terminated at 10:00 p.m.
3. Ancillary Structures.
a. If an ancillary structure is provided as part of the project approval, ancillary structures shall be permanent construction, shall be fully enclosed, or enclosable on four sides, and shall have a roof. Ancillary structures shall be complimentary in terms of size, scale, and materials used on the primary structure on the site;
b. Ancillary structures shall be subject to the setbacks for accessory structures in contained in Table 16.08-1, (Residential Zones General Development Standards Requirements by Individual Zoning District) of section 16.08.020 (Residential Districts General Development Standards) with the exception that structures cannot exceed forty (40) feet in height, and be no larger than 7,500 square feet in size.
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4. On-site Parking Requirements.
a. All on-site parking areas do not need to be paved; however, they must be stabilized in order to minimize any off-site dust impacts and for compliance with water quality control purposes;
b. Adequate parking must be provided based on maximum occupancy of site. Occupancy will be determined based on the seating capacity of the special event; c. If buses or limousines are proposed for off-site transport, adequate drop off and pick up locations must be provided on site.
5. Location Requirements. Any parcel where a facility is proposed shall have access to a paved and maintained public street.
6. Solid Waste Collection and Disposal. On-site waste collection shall be located onsite as to not create any off-site noise, odors or nuisances. Solid waste shall be removed from the site within forty-eight (48) hours of any event.
7. Sanitary Facilities. Any potable sanitary facilities shall not be located any closer than twenty-five (25) feet from an adjacent property with a residential use. Sanitary waste shall be removed from the site within 48 hours of any event, or determined through the minor conditional use permit.”
SECTION 16. Subsection C(3)(e)(ii) of Section 16.44.250 of the Murrieta Development Code “Cannabis and Hemp Use” is hereby amended to read as follows:
“ii. A Medicinal Cannabis Delivery Service (Physic al Delivery Logistics Location) shall not be located within 500 feet of a sensitive uses. or any other medicinal cannabis delivery business location. Distance specified in this subsection shall be measured by the horizontal distance measured in a straight line from the property lines of where the delivery-only medicinal cannabis operator is to be located to the property line of the potential sensitive use. For business condominiums, this measurement would be taken from outer boundaries of the common parcel where the structure is located and not from the building. Sensitive uses for purposes of this Section include:
A. Residential zones or private residences.
B. Public or private schools.
C. Daycare centers.
D. Churches.
E. Public parks.
F. Youth activity centers.
G. Large medical centers.
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H. Any other medicinal cannabis delivery service business.”
SECTION 17. Section 16.46.040 of the Murrieta Development Code “Planning Commission” is hereby deleted in its entirety.
SECTION 18. Section 16.90.020 of the Murrieta Development Code “Final Review Authority” is hereby replaced in its entirety to read as follows:
“16.90.020 Final Review Authority.
A. City Engineer. The city engineer shall have final authority in the approval, conditional approval or disapproval of certificates of compliance, lot line adjustments, final map approvals, and parcel mergers.
B. Commission. The commission shall have final authority in the approval, conditional approval or disapproval of reversions to acreage, tentative parcel maps, tentative tract maps, and vesting tentative maps.
C. Council. The commission shall act as the appeal body for director and city engineer decisions unless a different review authority is established by the city council, while the council shall act as the appeal body for hearing appeals pertaining to all commission decisions, in compliance with Chapter 16.78 (Appeals).”
SECTION 19. Section 16.90.040 of the Murrieta Development Code “City Engineer” is hereby amended to read as follows:
“The city engineer shall be responsible for the following:
A. Final and Parcel Maps. The processing of final and parcel maps; B. Subdivision Improvements. Determining if proposed subdivision improvements comply with the provisions of this article, the subdivision map act and city adopted improvement standards;
C. Construction Details. Establishing design and construction details, improvement standards and specifications;
D. Application Processing. Processing of certificates of compliance, lot line adjustments, mergers/unmergers, and correction and amendment of maps; E. Inspection and Approval. The inspection and approval of subdivision improvements; F. Collection of Fees. Collection of applicable engineering/plan check fees, deposits, establishment of security amounts, improvement bonds, and other financial provisions; G. Acceptance by the City. Acceptance by the city of lands proposed for dedication to the city by means other than final map;
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H. Improvement Agreements. Execution of improvement agreements on behalf of the city in conformance with tentative subdivision maps approved by the council; and I. Time Extensions. Approval of time extensions for installation of improvements required by subdivision agreements.”
SECTION 20. Section 16.98.040 of the Murrieta Development Code “Survey Required” is hereby replaced in its entirety to read as follows:
“ A. Complete Survey. An accurate and complete survey of the land to be subdivided shall be made by a registered civil engineer or licensed land surveyor.
B. Survey Elements. All alleys, blocks, centerlines of streets, curves, easements, monuments, parcels, and property lines adjoining or within the subdivision shall be tied into the survey.
C. Adjoining Properties. All adjoining properties shall be identified by block, parcel, property owners, and tract designation.
D. Error of Closure. The allowable error of closure on any portion of the final map shall be in compliance with the requirements of the county surveyor.
E. Net Acreage. Parcels containing one acre or more shall show net acreage to the nearest one-one hundredth.
F. Setting of Monuments. At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards required by state law (Business and Professions Code Section 8771) so that another engineer or surveyor may readily retrace the survey, in compliance with state law (Government Code Sections 66495 and 66496). At least one exterior boundary line shall be monumented before recording the final map.
Every final map shall show the following monuments:
1. Boundary monuments. The exterior boundary of the subdivision shall be monumented with permanent monuments not smaller than two-inch iron pipes at least twenty-four (24) inches long set at each corner and at intermediate points along the boundary not more than one thousand (1,000) feet apart and at the beginning and end points of all curves. If any existing record and identified monument meeting the foregoing requirements is found at any corner or point, the existing monument(s) may be used in lieu of a new monument;
2. Lot corner monuments. All lot corners, except when coincident with exterior boundary corner, shall be monumented with permanent monuments of one of the following types:
a. Three-quarter-inch diameter iron pipe at least twelve (12) inches long; b. One-half-inch diameter steel rod at least twelve (12) inches long; or c. Lead plug and copper identification disks set in concrete sidewalks or curbs.
3. Additional monuments to mark the limiting lines of streets as the city engineer may require;
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4. All other monuments set or proposed to be set.
a. The subdivider shall cause the foregoing monuments to be set by a licensed surveyor or engineer.
b. All monuments and their installation shall conform to city standards. c. All of the foregoing monuments shall be set before the approval of the map by the city engineer unless the setting thereof is deferred in compliance with state law (Subdivision Map Act Section 66496). However, the setting of exterior boundary monuments shall not be deferred unless the city engineer determines that the monuments might be disturbed by the construction of the improvements.
d. Where the setting of monuments is deferred following filing of a final map, the monuments shall be set within thirty (30) days after the completion of the required improvements and before the acceptance by the city. The setting of monuments shall not be deferred if a parcel map is filed unless expressly allowed by the city engineer.”
SECTION 21. Section 16.110.020 of the Murrieta Development Code “Definitions of Specialized Terms and Phrases” is hereby updated to add the following new definition in alphabetical order:
“Gross floor area (GFA). Means the total area of all floors of a building, as measured to the outside surfaces of exterior walls. Gross floor area includes halls, stairways, elevator shafts, on grade, semi-subterranean, and subterranean garages, lofts and mezzanines, basements, and finished or habitable attics, except as otherwise defined or exempted in a specific Section of this Title. For the purposes of calculating GFA for all residential dwelling units, outdoor roof deck or balcony areas open to the sky or covered by patio cover or similar structure, when enclosed on all sides by a parapet, solid railing or building wall greater than three feet six inches (3'-6") in height, shall be included. However, open areas within the building above normal ceiling height shall not be calculated.”
SECTION 22. Section 1.26.070 of the Murrieta Municipal Code “Appeal of Administrative Citation” is hereby replaced in its entirety to read as follows:
“Any recipient of an administrative citation may contest that there was a violation of the Murrieta Municipal Code, or that he or she is the responsible person, by submitting a written request for a hearing, and returning it to the designated collector as noted on the citation, within thirty (30) days from the date of the issuance of the administration citation, together with an advanced deposit of the fine. Any administrative citation fine which has been deposited shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation(s) or that there was no violation(s) as charged in the administrative citation.”
SECTION 23. Section 8.28.160 of the Murrieta Municipal Code “Enforcement. Unlawful and Prohibited Acts – Removal of Refuse” is hereby replaced in its entirety to read as follows:
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“No person, other than the person in charge of any premises, or the person authorized by law to remove any container or bin from the location where the container was placed by the person in charge of storage or collection shall remove any refuse from any container or bin, or move the container or bin from the location in which it was placed for storage or collection, without the prior written approval of the person in charge of such premises.”
SECTION 24. Section 8.28.170 of the Murrieta Municipal Code “Enforcement” is hereby replaced in its entirety to read as follows:
“A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by the enforcement official in accordance with 14 CCR Section 18995.4. Enforcement actions under this chapter are issuance of an administrative citation and assessment of a fine. The city’s procedures on imposition of administrative fines set forth in this code are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this chapter, except as otherwise indicated in this chapter. Other remedies allowed by law may be used, including civil action or prosecution as a misdemeanor or infraction. The city may pursue civil actions in the state courts to seek recovery of unpaid administrative citations. The city may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of city staff and resources.
Notwithstanding the foregoing, in addition to any notice of violation, for incidences of prohibited container contaminants found in containers, city or its authorized collector will issue an informational notice of contamination to any generator or responsible party found to have prohibited container contaminants in a container. Such notice will be provided via a cart tag, electronic notice, or other communication immediately upon identification of the prohibited container contaminants or within sixty (60) days after determining that a violation has occurred.
Prohibited container contaminants in a responsible party’s containers on more than three (3) consecutive occasions may subject the generator to a contamination processing fee or enforcement action.
B. Enforcement pursuant to this chapter may be undertaken by the enforcement official.
C. Fines for violations. The fines for violations of the provisions of this chapter are as follows, subject to modifications by resolution of the city council:
1. For a first violation, the penalty shall be one hundred dollars ($100) per violation.
2. For a second violation, the penalty shall be two hundred dollars ($200) per violation.
3. For a third or subsequent violation, the penalty shall be five hundred dollars ($500) per violation.
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D. Compliance deadline extension considerations. The city may extend the compliance deadlines set forth in a notice of violation if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, pandemics, epidemics, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other government agency approvals; or
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the city is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.”
SECTION 25. Section 10.44.020 of the Murrieta Muni cipal Code “Parking prohibitions for certain vehicles” is hereby replaced to read as follows:
“It is unlawful for any person to park or leave standing on any private or public property within residential or commercial zoning districts of the city, the following types of vehicles: any commercial vehicle, oversized vehicle, recreational vehicle, vessel, or non-self-propelled vehicle, as defined in Chapter 10.08 and 10.32 of this code, and similar such vehicles, unless as specifically allowed and described herein:
A. It is unlawful to park, keep, or store any oversized vehicle, recreational vehicle, non-self- propelled vehicle, vessel, or similar such vehicles, within any portion of the front yard setback, as defined by this code. Except that, if such vehicles are kept, parked, and stored permanently on private property, other than the front yard setback, they shall be screened from view to the required fence height allowed by this code. Wrought iron fencing, landscape material, and lattice shall be considered as acceptable screening materials. Recreational vehicles shall be allowed for a total of forty-eight (48) hours before and after a recreational trip only, and not in combination with any other public right-of-way parking exemption. This provision shall not apply to commercial vehicles weighing ten thousand (10,000) pounds or less, and/or having a width of ninety-two (92) inches or less, and/or having a length of twenty-one (21) feet or less, and/or having a height of eight (8) feet or less, if such vehicle is parked on an approved surface in the front yard setback and is limited to two such vehicles per residence.
B. It is unlawful to park, keep, store or leave standing, any trailer or semitrailer having a gross vehicle weight of ten thousand (10,000) pounds or more on public or private property within a residential zoning district of the city; unless, specifically in the performance of duties related to the picking up or delivering of merchandise, goods, wares; or, providing service to such building or structure for which an actual and bona fide repair, alteration, remodel, or construction has been allowed by a building permit.
C. It is unlawful to park or leave standing any truck, tractor, trailer or semitrailer as defined in the California Vehicle Code, or other commercial vehicle having a manufacturer's gross weight bearing of ten thousand (10,000) pounds or more, as defined in the California Vehicle Code, on private or public property within a residential zoning district; unless, specifically in the performance of duties related to the picking up or delivering of merchandise, goods, wares; or, 227
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providing service to such building or structure for which an actual and bona fide repair, alteration, remodel or construction has been allowed by a building permit, as defined in Section 35703 CVC.
D. It is unlawful to park, keep, store, or leave standing (i.e., park), any passenger vehicle or vehicles as described in Chapter 10.08, on private or public property within the City as described in Chapter 10.32. Parking of vehicles, and in the manner described in Chapter 10.32, shall occur on pre-engineered load-bearing surfaces. Parking on unimproved or non-paved lots is prohibited.
This last provision shall not be applicable at Rural Residential (RR) and Estate Residential (ER- 1) zoned parcels.
E. It is unlawful to park, keep, store or leave standing on any public or private property within residentially zoned districts, any vehicle which contains any hazardous material as defined in Section 353 of the California Vehicle Code. Vehicles which emit noxious, objectionable odors, or are left in a condition which harbors vermin, or provides for the conditions for pestilence to occur shall also be prohibited in residential districts. Vehicles used to transport animals shall comply with Subsection A of this Chapter.
F. It is unlawful to park or leave standing any vehicle on a residential lot, or on any portion of the front yard setback such that the vehicle(s) obstructs the vision of an adjoining property occupant in obtaining access to or from a public right-of-way. Upon determination that the obstruction creates a potential safety hazard, such vehicles may be required to be relocated or removed from the neighboring site.
G. It is unlawful to park, store, or leave standing an inoperative, abandoned, wrecked, or dismantled vehicle, or any part thereof, on any portion of a front yard setback; except during the first seventy-two (72) hours during which a vehicle is mechanically disabled. Car covers shall not be an exception to an inoperative vehicle. It is unlawful to park, or store a vehicle in an elevated position, on blocks, stands, jacks or any other lifting device, in any portion of the front yard setback, or in a location visible from any public right-of-way or street, except as allowed by Section 8.20.030(P)(5)(d) of this Code.”
SECTION 26. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its adoption.
SECTION 27. SEVERABILITY.
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.
SECTION 28. NOTICE OF ADOPTION.
This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be 228
42 of 46
entered in the Book of Ordinances of the City.
SECTION 29. CEQA EXEMPTION.
The “Project” has been evaluated pursuant to the California Environmental Quality Act (CEQA), and it has been determined that the amendments will have no significant adverse impacts on the environment. The proposed Development Code and Municipal Code Amendments are exempt from the provisions of the California Envir onmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines, as the proposed Development Code revisions would have no significant adverse effects on the environment. The changes being considered in the ordinance amendments are intended to address updated code enforcement processes, processing requirements for Final Maps, updated definitions, removing minor planning processes that are no longer utilized, minor updates to parking and signage, notification updates as provided through Fire Depa rtment, as it relates to implementation at a local government level, and development code errors and inconsistencies, and streamline permit processing without undermining or minimizing CEQA review of discretionary permits. The amendments to the Municipal C ode implement updates to existing timelines as it relates to administrative citations, refuse removal, enforcement mechanisms, and updates for driveway surface parking standards. Therefore, the Ordinance Amendments are exempt under Section 15061(b)(3).
SECTION 30. CEQA FILING.
The City Council hereby directs staff to prepare, execute, and file with the Riverside County Clerk and the State of California Office of Planning and Research. A notice of exemption within five (5) working days of the adoption of this Ordinance.
PASSED AND ADOPTED this ____ day of _______, 2024.
_______________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____________________________
Tiffany J. Israel, City Attorney
229
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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 Ordinance No. 610-24 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___ day of _______, 202__, 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
I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 610-24 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):
Adopted Ordinance: , 2024.
In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2024.
Cristal McDonald, City Clerk
230
1 NOTICE OF EXEMPTION
To: Office of Planning and Research From (Public Agency): City of Murrieta P.O. Box 3044, Room 113
Sacramento, CA 95812-3044
Riverside County Clerk
4080 Lemon St.
Riverside, CA 92501
1 Town Square
Murrieta, CA 92562
Project Title: 6th Code Updates (MCA-2023-00003)
Project Location - Specific: Citywide
Project Location - City: City of Murrieta
Project Location - County: County of Riverside
Description of Nature, Purpose, and Beneficiaries of Project:
Nature: The “Project” is a request by the City of Murrieta to amend Chapter 16.18 for “Hazardous Materials Storage” for updated terminology and updated notification protocols with underground and above ground storage tanks; updates to Solid Waste/Recyclable Materi als Storage to fix an existing error and renumbering related tables to facilitate easier referencing; amend Chapter 16.22 for the use of barbed and razor wire due to safety concerns/aesthetics with some exceptions; amend Chapter 16.30 for Construction Nois e as Saturdays are missing operating hours, amend to Chapter 16.34 to address parking quantities for agricultural and similar uses; amend Chapter 16.38 to address Signs to address some existing minor typos, updates table numbering/naming, and adding the “Innovation Zone” to the Business Park sign standards; provide updates to Chapter 16.44 for Residential Accessory Structures to address existing setback inconsistencies and to provide additional clarity on what is applicable; provide updates for vehicles dealerships to provide additional clarify; provide shipping container cross- referencing to the California Building Code Section 3115 for safety conformance, provide updates to wedding/event facilities to correct a 4.5 acre versus 5-acre inconsistency; provide updates to Chapter 16.46 for the removal of the Planning Commission report to City Council by the City Clerk’s office, provide updates to Medicinal Cannabis Delivery Service to add large medical centers as a sensitive use; provide updates to Chapters 16.90 and 16.98 to streamline the processing of Final Maps under the City Engineer’s authority; and provide updates to Chapter 16.110 to add a Gross Floor Area definition which is currently lacking and miscellaneous updates to Chapter 16. Relatedly, provide updates to Chapter 1.26 to correct an existing timeline as it relates to the appeal of administrative citations, provide updates to the Municipal Code for updates under 8.28, as it relates to the authorization for the removal of refuse, and provide updates to Chapter 10.44 for removal of the Estate Residential 2 (ER-2) Zone exception for parking on paved surfaces due to the smaller lot configuration within that zone.
Purpose: The ordinance amendment amends the Municipal Code to be consistent with new State regulations and address new issues and unforeseen challenges that were not anticipated as part of the original code adoption.
Public Agency
Approval:
On June 26, 2024, the Planning Commission recommended approval to the City Council for the proposed amendments to the Murrieta Development Code (first reading) of Ordinance No. 610- 24 (MCA 2023-00003).
On September 17, 2024, the City Council approved the introduction of the proposed amendments to the Murrieta Municipal Code ( first reading) of Ordinance No. 610-24 (MCA 2023-00003).
On October 15, 2024, the City Council approved the second reading of the proposed amendments to the Murrieta Municipal Code ( second reading) of Ordinance No. 610-24 (MCA 2023-00003).
Beneficiaries: City of Murrieta
Name of Public Agency Approving Project: City of Murrieta 231
2 Name of Person or Agency Carrying Out Project: City of Murrieta Exempt Status
(check one):
Pursuant to California Environmental Quality Act (CEQA) Statute and Guidelines Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 152269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. Type and Section: State CEQA Guidelines §15061(b)(3) “Common Sense Exemption”
Statutory Exemption. Code Number:
Reasons Why Project is Exempt: The “Project” has been determined to be categorically exempt pursuant to CEQA Guidelines Section §15061(b)(3) as the activity is covere d by the “common sense” exemption and that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The minor amendments inclusive of this amendment fall within the scope of this CEQA Section and would be w ithin the framework of the City’s existing General Plan and Zoning parameters.
Lead Agency
Contact Person: Chris Tracy, AICP Senior Planner
Telephone
& Extension: (951) 461-6046
If Filed by Applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature:
Title:
Senior Planner
Date:
Signed by Lead Agency Date received for filing at OPR: Signed by Applicant
232
CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 9.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICIP, Development Services Director PREPARED BY: Diane Kohanyi, Management Analyst - IT
SUBJECT:
Annual Renewal with Tyler Technologies, Inc. for the EnerGov Land Management System Software
RECOMMENDATION
Approve the Annual Renewal with Tyler Technologies for the EnerGov Land Management System Software for the period January 1, 2025, to December 31, 2025; and
Adopt Resolution No. 24-4789, entitled: A Resolution of the City Council of the City of Murrieta, California, Authorizing the Expenditure of Funds Related to Annual Renewal Costs of the Agreement for Land Management System Software with Tyler Technologies, Inc.
PRIOR ACTION/VOTE
On November 5, 2019, the City Council approved Resolution No. 19-4173, which authorized entering into an agreement (Agreement) with Tyler Technologies, Inc. for the purchase of the land management system software generally referred to as Energov (Vote: 5-0).
On April 20, 2021, the City Council approved Resolution No. 21-4384, authorizing the expenditure of funds related to the annual renewal costs of the agreement for the land management system software generally referred to as EnerGov (Vote: 5-0).
On October 18, 2022, the City Council authorized a first amendment for additional licensing and changes to the City’s software configuration (Vote: 5-0).
On September 5, 2023, the City Council authorized a second amendment for data conversion services (Vote:
5-0).
On July 2, 2024, the City Council authorized a third amendment for additional software licenses and enhanced customer support services (Vote 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability CITY OF MURRIETA Printed on 10/10/2024Page 1 of 2
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10/15/2024
Agenda Item No. 9.
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
Staff in the Building, Planning, and Engineering Divisions, as well as Murrieta Fire & Rescue, have been using EnerGov for approximately 20 months. EnerGov is a Land Management System Software (LMSS) that, among other capabilities, is used for online permitting. Implementation of the Code Enforcement module is currently underway. The LMSS allows all departments to review the overall history and status of the various building permits and development applications applicants file with the City.
On November 5, 2019, the City Council approved the agreement with Tyler Technologies, Inc. for the purchase of the EnerGov LMSS following a formal Request for Proposals (RFP). The agreement has been renewed annually, and since implementation, additional features have been added, and work has been done to improve the system, resulting in three previous amendments to the initial agreement. The next renewal is scheduled to start on January 1, 2025, with costs set forth in the Proforma Renewal (Attachment 1).
Based on the need for the City to continue its efforts in permitting and licensing, staff recommends renewing the current agreement with Tyler Technologies, Inc. for another year, from January 1, 2025, to December 31, 2025. Staff has prepared a Resolution (Attachment 2) authorizing the expenditure of funds related to the annual contract renewal costs. The annual contract renewal costs have exceeded the previously authorized amount established in 2021 by City Council Resolution No. 21-4384.
FISCAL IMPACT
The total cost related to this agreement is $199,227.97 for one year. Sufficient funding is available in General Ledger account code 7268350-62160 within the Information Technology Division’s Fiscal Year 2024/25 Operating Budget.
ATTACHMENTS
1. Tyler Technologies, Inc. Proforma
2. Resolution No. 24-4789
CITY OF MURRIETA Printed on 10/10/2024Page 2 of 2
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Page
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DateCompany
PROFORMA
201071 08/22/2024
THIS IS NOT AN INVOICE
Order No.
025
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - Local Government
Phone: 1-800-772-2260 Press 2, then 2
Fax: 1-866-673-3274
Email: [email protected]
*025$201071%2-*
CITY OF MURRIETA
1 TOWN SQUARE
MURRIETA, CA 92562-7922
United States
Ship To:To:
Customer Grp/No. Payment Terms Currency Code
Net 30 USD
CITY OF MURRIETA
1 TOWN SQUARE
MURRIETA, CA 92562-7922
United States
1 53848
Customer PO# Ship Via
ELEC
Salesperson Cd
No. Item/ Description/ Comments Total Cost Quantity U/M Unit Price Contract No.: Murrieta, CA City of
Renewal: 0.00 1 1 EA 0.00
Tyler GIS - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months :
Renewal: 100,574.46 40 2 EA 2,514.36
EnerGov Community Development Suite - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months :
Renewal: 0.00 1 3 EA 0.00
EnerGov Business Management SDK - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 4 EA 0.00
EnerGov Central Cashiering SDK - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 17,364.38 1 5 EA 17,364.38
EnerGov Citizen Self Service - Community Development - Annual SaaS Fee Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 6 EA 0.00
EnerGov Community Development SDK - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 7 EA 0.00
EnerGov Content Management API - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 33,571.13 1 8 EA 33,571.13
EnerGov e-Reviews - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 9 EA 0.00
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Page
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DateCompany
PROFORMA
201071 08/22/2024
THIS IS NOT AN INVOICE
Order No.
025
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Remittance
Questions
Tyler Technologies - Local Government
Phone: 1-800-772-2260 Press 2, then 2
Fax: 1-866-673-3274
Email: [email protected]
No. Item/ Description/ Comments Total Cost Quantity U/M Unit Price EnerGov Intelligent Automation Agent - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 10 EA 0.00
EnerGov Intelligent Objects - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 11 EA 0.00
EnerGov My GovPay - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 12 EA 0.00
EnerGov O-Data - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 13 EA 0.00
EnerGov Report Toolkit - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 14 EA 0.00
EnerGov Standard Technical Support - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 15 EA 0.00
EnerGov Unlimited iG Workforce App Access - Annual SaaS Fee Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 16 EA 0.00
EnerGov VirtualPay - Annual SaaS Fee
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 0.00 1 17 EA 0.00
GIS Site License
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months Renewal: 47,718.00 22 18 EA 2,169.00
Community Development Suite - Per User
Cycle Start: 01/01/2025, End: 12/31/2025; Term: 12 months 199,227.97 Order Total:Does not include any applicable taxes Comments: Upon acceptance please email your purchase order to [email protected] 236
01375.0001/1014848.1
RESOLUTION NO. 24-4789
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA, AUTHORIZING THE EXPENDITURE OF FUNDS RELATED TO
ANNUAL RENEWAL COSTS OF THE AGREEMENT FOR LAND MANAGEMENT SYSTEM SOFTWARE WITH TYLER TECHNOLOGIES, INC.
WHEREAS, on November 5, 2019, the City of Murrieta (“City”) entered into an agreement (“Agreement”) with Tyler Technologies, Inc. (“Consultant”) for the purchase of the EnerGov Land Management System software and implementation services (together, the “Services”); and
WHEREAS, the Agreement was for a three-year term with automatic renewals of additional one (1) year terms unless terminated in writing by either party; and
WHEREAS, Resolution No. 21-4384 authorized annual renewals in the amount of $149,880, with a potential 5% increase; and
WHEREAS, due to the number of changes to EnerGov requested since implementation, additional costs were accrued, raising the annual renewal amount to $199,227.97, and surpassing the initial authorized amount.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the expenditure of an amount not to exceed $199,227.97 from the Information Technology Department’s fiscal year 2024/25 Operating Budget, account no. 7248340-62160, is authorized for the purpose of providing funds for the January 1, 2025 to December 31, 2025 annual software renewal with Tyler Technologies, Inc.
Section 2. That the future annual renewals in the amount of $199,277.97, with a potential 5% increase, will be included in subsequent Information Technology Departments budgets.
Section 3. That the City Manager is hereby authorized and directed to take such actions as she deems necessary and proper for any subsequent software license during the term of the agreement.
PASSED, APPROVED, AND ADOPTED this 15th day of October, 2024 by the City Council of the City of Murrieta, State of California.
____________________________
Lori Stone, Mayor
237
01375.0001/1014848.1 RR 5/08/09
2 ATTEST:
_____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4789 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 15th day of October, 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
238
CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 10.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Jeff Hitch, City Engineer
SUBJECT:
Cooperative Agreement 08-1789 with Caltrans for the Interstate 215/Keller Road Interchange
RECOMMENDATION
Adopt Resolution No. 24-4790, entitled: A Resolution of the City Council of the City of Murrieta Approving a Cooperative Agreement with the State of California, Acting by and Through its Department of Transportation (Caltrans), for the Plans, Specifications, and Estimates and Right of Way Work Necessary to Construct a New Full Interchange and Auxiliary Lanes at Interstate 215 and Keller Road (District Agreement No. 08-1789).
PRIOR ACTION/VOTE
On October 4, 2011, the City Council adopted Resolution No. 11-2798, authorizing entering into Cooperative Agreement 08-1519 with Caltrans for the Project Initiating Document for a new Interchange at Interstate 215 and Keller Road (Vote 5-0).
On May 5, 2015, the City Council adopted Resolution No. 15-3371, authorizing entering into a Design Cooperative Agreement 08-1601 with Caltrans for the Interstate 215/Keller Road Undercrossing (Vote 5-0).
On June 4, 2024, the City Council approved joint Resolution No. 24-4745, et al., approving the Capital Improvement Plan Budget for Fiscal Year 2024/25, and The Fiscal Years 2024/25 to 2028/29 Capital Improvement Plan, which included the Interstate 215 at Keller Road Interchange Project, CIP No. 8449 (Vote 5 -0).
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
BACKGROUND
The City previously entered into Cooperative Agreements with Caltrans in 2011 and 2015 for the Project Initiating Document (PID) and the Project Authorization & Environmental Document (PA&ED) phases of the Interstate 215 and Keller Road Interchange project. To proceed with the next phase required in the design process, it is necessary to enter into a new cooperative agreement with Caltrans to address Plans, Specifications, and Estimates (PS&E) and Right of Way (ROW) phases of work. The attached Cooperative CITY OF MURRIETA Printed on 10/10/2024Page 1 of 2
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10/15/2024
Agenda Item No. 10.
Specifications, and Estimates (PS&E) and Right of Way (ROW) phases of work. The attached Cooperative Agreement No. 08-1789 is the State’s standard form agreement for work within State ROW.
The City is currently processing the Draft Environmental Document (DED) with Caltrans and expects to have a document ready for public review by the end of October 2024. The public review period for the DED would close by mid-December of this year. Approval of the DED will allow the City to complete the PS&E and ROW phases of work. The current schedule provides for the project approval and start of construction in 2026, with project completion and opening to traffic in late 2027.
The proposed Cooperative Agreement (Attachment 2) identifies the scope of work and responsibilities for each of the parties associated with the PS&E and ROW phases of work. The City is the “implementingagency”for these phases, which means that it is responsible for managing the scope, cost, schedule, and quality of these work activities. PS&E includes the development of the plans, specifications, and cost estimate, as well as obtaining any necessary resource agency permits and the advertising and award of the construction contract.
Examples of the environmental permits this project requires include the Regional Water Quality Control Board and National Pollution Discharge Elimination System (NPDES), US Army Corps of Engineers, California Department of Fish & Wildlife, and air quality. The ROW phase includes coordinating with utility owners for the protection, removal, and/or relocation of utilities, as well as acquisition of necessary right-of-way interests, and post-construction work related to recording or relinquishing right-of-way.
FISCAL IMPACT
There is no direct cost to the City for the implementation of the Cooperative Agreement. The costs related to the Plans, Specifications, and Estimates (PS&E) and Right of Way (ROW) work components are those connected with the Design Services Agreements with our designated design consultants.
ATTACHMENTS
1. Resolution approving Cooperative Agreement No. 08-1789 with Caltrans for Interstate 215/Keller Road Interchange
2. Cooperative Agreement No. 08-1789 for PS&E and ROW
3. Cooperative Agreement No. 08-1601 for PA&ED
4. Cooperative Agreement No. 08-1519 for PID
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RESOLUTION NO. 24-4790
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA
APPROVING A COOPERATIVE AGREEMENT WITH THE STATE OF
CALIFORNIA, ACTING BY AND THROUGH ITS DEPARTMENT OF
TRANSPORTATION (CALTRANS), FOR THE PLANS, SPECIFICATIONS, AND
ESTIMATES AND RIGHT OF WAY WORK NECESSARY TO CONSTRUCT A NEW FULL INTERCHANGE AND AUXILIARY LANES AT INTERSTATE 215 AND KELLER ROAD (DISTRICT AGREEMENT NO. 08-1789).
WHEREAS, the City of Murrieta has elected to improve the existing Interchange at Interstate 215 and Keller Road, CIP No. 08449; and
WHEREAS, the project is located within State Right of Way; and WHEREAS, the Cooperative Agreement identifies the scope of work and responsibilities for each of the parties associated with the Plans, Specifications, and Esti mates (PS&E) and Right of Way (ROW) phases of work; and
WHEREAS, the Streets and Highways Code sections 114 and 130 provide for the execution of a Cooperative Agreement for improvements to the State Highway System within the City’s jurisdiction; and
WHEREAS, the Cooperative Agreement is a requisite document in order for the California Department of Transportation to render oversight services for the proposed project; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS
Section 1. The City of Murrieta hereby approves Cooperative Agreement No. 08-1789 with the State of California , acting by and through its Department of Transportation (Caltrans) for the Plans, Specifications, and Estimates and Right of Way necessary to c onstruct a new full Interchange and auxiliary lanes at Interstate 215 and Keller Road, CIP No. 08449.
Section 2. Cooperative Agreement No. 08-1789 is on file in the office of the City Clerk of the City of Murrieta.
Section 3. The Mayor is hereby authorized to execute Cooperative Agreement No. 08-1789.
Section 4. The City Clerk shall certify the passage and adoption thereof.
PASSED AND ADOPTED this 15th day of October, 2024.
____________________________
Lori Stone, Mayor
241
ATTEST:
_____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4790 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 15th day of October, 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
242
Agreement No. 08-1789 | 08-RIV-215 | EA: 08-0Q220
Page | 1
COOPERATIVE AGREEMENT COVER SHEET
Work Description
TO CONSTRUCT A NEW FULL INTERCHANGE AND AUXILIARY LANES AT INTERSTATE 215 AND KELLER ROAD IN THE CITY OF MURRIETA
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Emad Makar, Project Manager
464 West 4th Street
San Bernardino, CA 92401
Office Phone: (909) 383-4978
Email: [email protected]
CITY OF MURRIETA
Bob Moehling, Director of Public Works
1 Town Square
Murrieta, CA 92562
Office Phone: (951) 304-2489
Email: [email protected]
243
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Table of Contents
COOPERATIVE AGREEMENT COVER SHEET ......................................................................................... 1 Work Description ......................................................................................................................................... 1 Contact Information ..................................................................................................................................... 1 CALTRANS ............................................................................................................................................ 1 CITY OF MURRIETA ............................................................................................................................ 1 COOPERATIVE AGREEMENT ..................................................................................................................... 4 RECITALS ....................................................................................................................................................... 4 RESPONSIBILITIES ....................................................................................................................................... 5 Sponsorship .................................................................................................................................................. 5 Implementing Agency .................................................................................................................................. 5 Funding ........................................................................................................................................................ 6 CALTRANS' Quality Management ............................................................................................................. 6 CEQA/NEPA Lead Agency ......................................................................................................................... 6 Environmental Permits, Approvals and Agreements ................................................................................... 6 Plans, Specifications, and Estimate (PS&E) ................................................................................................ 7 RIGHT-OF-WAY ........................................................................................................................................ 8 Schedule ....................................................................................................................................................... 9 Additional Provisions ................................................................................................................................... 9 Standards .................................................................................................................................................. 9 Noncompliant Work .............................................................................................................................. 10 Qualifications ......................................................................................................................................... 10 Consultant Selection .............................................................................................................................. 10 Encroachment Permits ........................................................................................................................... 10 Protected Resources ............................................................................................................................... 10 Disclosures ............................................................................................................................................. 10 Hazardous Materials .............................................................................................................................. 11 Claims .................................................................................................................................................... 12 Accounting and Audits .......................................................................................................................... 12 Interruption of Work .............................................................................................................................. 12 Penalties, Judgments and Settlements .................................................................................................... 12 Project Files ........................................................................................................................................... 13 Environmental Compliance ................................................................................................................... 13 244
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GENERAL CONDITIONS ............................................................................................................................ 13 Venue ......................................................................................................................................................... 13 Exemptions ................................................................................................................................................. 13 Indemnification .......................................................................................................................................... 13 Non-parties ................................................................................................................................................. 14 Ambiguity and Performance ...................................................................................................................... 14 Defaults ...................................................................................................................................................... 14 Dispute Resolution ..................................................................................................................................... 14 Prevailing Wage ......................................................................................................................................... 15 SIGNATURES ............................................................................................................................................... 16
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COOPERATIVE AGREEMENT
This AGREEMENT, executed on and effective from __________________________, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Murrieta, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as City.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
1. PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections 114 and 130.
2. For the purpose of this AGREEMENT, to construct a new full interchange and auxiliary lanes at Interstate 215 and Keller Road in the City of Murrieta, will be referred to hereinafter as PROJECT.
The PROJECT scope of work is defined in the project initiation and approval documents (e.g.
Project Study Report, Design Engineering Evaluation Report, or Project Report).
3. All obligations and responsibilities assigned in this AGREEMENT to complete the following PROJECT COMPONENTS will be referred to hereinafter as WORK:
PLANS, SPECIFICATIONS, AND ESTIMATE (PS&E)
RIGHT-OF-WAY (R/W)
Each PROJECT COMPONENT is defined in the CALTRANS Workplan Standards Guide as a distinct group of activities/products in the project planning and development process.
4. The term AGREEMENT, as used herein, includes this document and any attachments, exhibits, and amendments.
This AGREEMENT is separate from and does not modify or replace any other cooperative agreement or memorandum of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Except as otherwise provided in the AGREEMENT, PARTIES will execute a written amendment if there are any changes to the terms of this AGREEMENT.
PARTIES agree to sign a CLOSURE STATEMENT to terminate this AGREEMENT. However, all indemnification, document retention, audit, claims, environmental commitment, legal challenge, 246
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maintenance and ownership articles will remain in effect until terminated or modified in writing by mutual agreement or expire by the statute of limitations.
5. The following work associated with this PROJECT has been completed or is in progress:
City completed the Project Initiation Document (PID) on August 14, 2015. City will complete the Project Approval and Environmental Document (PA&ED) (Cooperative Agreement No. 08-1601).
6. In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
7. PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT and securing the financial resources to fund the WORK. A SPONSOR is responsible for securing additional funds when necessary or implementing PROJECT changes to ensure the WORK can be completed with the funds committed in this AGREEMENT.
PROJECT changes, as described in the CALTRANS Project Development Procedures Manual, will be approved by CALTRANS as the owner/operator of the State Highway System.
9. City is the SPONSOR for the WORK in this AGREEMENT.
Implementing Agency
10. The IMPLEMENTING AGENCY is the PARTY responsible for managing the scope, cost, schedule, and quality of the work activities and products of a PROJECT COMPONENT. City is the Plans, Specifications, and Estimate (PS&E) IMPLEMENTING AGENCY.
PS&E includes the development of the plans, specifications, and estimate; obtaining any resource agency permits; and the advertisement/award of the construction contract. City is the RIGHT-OF-WAY IMPLEMENTING AGENCY.
RIGHT-OF-WAY includes coordination with utility owners for the protection, removal, or relocation of utilities; pre-construction monument preservation; the acquisition of right-of- way interests; and post-construction work such as right-of-way monumentation/recordation, relinquishments/vacations, and excess land transactions. The RIGHT-OF-WAY component budget identifies the cost of the capital costs of right-of-way acquisition (RIGHT-OF-WAY CAPITAL) and the cost of the staff work in support of the acquisition (RIGHT-OF-WAY SUPPORT).
11. City will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's 247
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quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.
12. Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
Funding
13. The WORK does not use funds administered by CALTRANS. PARTIES will amend this AGREEMENT should this condition change.
14. Each PARTY is responsible for the costs they incur in performing the WORK.
CALTRANS' Quality Management
15. CALTRANS, as the owner/operator of the State Highway System (SHS), will perform quality management work including Quality Management Assessment (QMA) and owner/operator approvals for the portions of WORK within the existing and proposed SHS right-of-way.
16. CALTRANS' Quality Management Assessment (QMA) efforts are to ensure that City's quality assurance results in WORK that is in accordance with the applicable standards and the PROJECT's quality management plan (QMP). QMA does not include any efforts necessary to develop or deliver WORK or any validation by verifying or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
17. CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
18. City will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.
19. The cost of CALTRANS’ quality management work is to be borne by CALTRANS.
CEQA/NEPA Lead Agency
20. CALTRANS is the CEQA Lead Agency for the PROJECT.
21. CALTRANS is the NEPA Lead Agency for the PROJECT.
Environmental Permits, Approvals and Agreements
22. City will comply with the commitments and conditions set forth in the environmental documentation, environmental permits, approvals, and applicable agreements as those commitments and conditions apply to City's responsibilities in this AGREEMENT. 248
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23. Unless otherwise assigned in this AGREEMENT, the IMPLEMENTING AGENCY for a PROJECT COMPONENT is responsible for all PROJECT COMPONENT WORK associated with coordinating, obtaining, implementing, renewing, and amending the PROJECT permits, agreements, and approvals whether they are identified in the planned project scope of work or become necessary in the course of completing the PROJECT.
24. The PROJECT requires the following environmental permits/approvals:
ENVIRONMENTAL PERMITS/REQUIREMENTS
401 Regional Water Quality Control Board
404 US Army Corps of Engineers
National Pollutant Discharge Elimination System (NPDES)/State Water Resources Control Board
1602 California Department of Fish & Wildlife
Air Quality Permits
Plans, Specifications, and Estimate (PS&E)
25. As the PS&E IMPLEMENTING AGENCY, City is responsible for all PS&E WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
26. CALTRANS will be responsible for completing the following PS&E activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.15.10.xx Quality Management
27. City will prepare Utility Conflict Maps identifying the accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS’ encroachment policy.
City will provide CALTRANS a copy of Utility Conflict Maps for CALTRANS' concurrence prior to issuing the Notices to Owner and executing the utility agreement. All utility conflicts will be addressed in the PROJECT plans, specifications, and estimate.
28. City will determine the cost to positively identify and locate, accommodate, protect, relocate, or remove any utility facilities whether inside or outside the State Highway System right-of-way in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements including but not limited to Freeway Master Contracts.
29. CALTRANS will not issue the Acceptance of Final Plans, Specifications, and Estimate to City until the following conditions are met:
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Any new or amended Maintenance Agreement required for the WORK are executed. Any new or amended Freeway Agreement required for the WORK are executed.
RIGHT-OF-WAY
30. As the RIGHT-OF-WAY IMPLEMENTING AGENCY, City is responsible for all RIGHT-OF- WAY WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT.
31. CALTRANS will be responsible for completing the following RIGHT-OF-WAY activities:
CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.25.10.xx Quality Management
32. The selection of personnel performing RIGHT-OF-WAY WORK will be in accordance with federal and California laws and regulations, and CALTRANS’ policies, procedures, standards, practices, and applicable agreements.
33. City will make all necessary arrangements with utility owners for the timely accommodation, protection, relocation, or removal of any existing utility facilities that conflict with construction of the PROJECT or that violate CALTRANS' encroachment policy.
34. City will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' concurrence prior to issuing the notices to owner and executing the utility agreement. All utility conflicts will be fully addressed prior to Right-of-Way Certification and all arrangements for the protection, relocation, or removal of all conflicting facilities will be completed prior to construction contract award and included in the PROJECT plans, specifications, and estimate.
35. City will provide a land surveyor licensed in the State of California to be responsible for surveying and right-of-way engineering. All survey and right-of-way engineering documents will bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the responsible surveyor.
36. Acquisition of right-of-way will not occur prior to the approval of the environmental document without written approval from the CEQA Lead Agency.
37. City will hear and adopt Resolutions of Necessity when authorized to do so by law or will work with local agencies having jurisdiction and authorized under the law to hear and adopt Resolutions of Necessity.
City will conduct and document Condemnation Evaluation Meetings and Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and guidance. CALTRANS will be notified in advance of any Condemnation Evaluation Meetings and Condemnation Panel Review Meetings.
38. If City acquires any right-of-way to be incorporated into the State Highway System (SHS), City will first acquire in its own name.
No right-of-way will be acquired in CALTRANS' name.
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Title to the SHS right-of-way will ultimately be vested in the State. CALTRANS' acceptance of title will occur after the Right-of-Way Closeout activities are complete.
39. City will utilize a public agency currently qualified by CALTRANS or a properly licensed consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer all right-of-way consultant contracts.
City will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to the scheduled Right-of-Way Certification milestone date for review.
City will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract.
40. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing.
41. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by City verifying that the title is free of all encumbrances and liens. Upon acceptance, City will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name.
42. Right-of-way conveyances must be completed prior to WORK completion, unless PARTIES mutually agree to other arrangements in writing.
Schedule
43. PARTIES will manage the WORK schedule to ensure the timely use of committed funds and to ensure compliance with any environmental permits, right-of-way agreements, construction contracts, and any other commitments. PARTIES will communicate schedule risks or changes as soon as they are identified and will actively manage and mitigate schedule risks.
Additional Provisions
Standards
44. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and CALTRANS standards.
CALTRANS standards include, but are not limited to, the guidance provided in the:
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CADD Users Manual
CALTRANS policies and directives
Plans Preparation Manual
Project Development Procedures Manual (PDPM)
Workplan Standards Guide
Standard Environmental Reference
Highway Design Manual
Right of Way Manual
Stewardship and Oversight Agreement
Construction Manual Supplement for Local Agency Resident Engineers Local Agency Structure Representative Guidelines
Noncompliant Work
45. CALTRANS retains the right to reject noncompliant WORK. City agrees to suspend WORK upon request by CALTRANS for the purpose of protecting public safety, preserving property rights, and ensuring that all WORK is in the best interest of the State Highway System.
Qualifications
46. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
47. City will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
48. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. City, their contractors, consultants, agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide encroachment permits to City at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
49. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the WORK.
Protected Resources
50. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
51. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the WORK in confidence to the extent 252
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permitted by law and where applicable, the provisions of California Government Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES.
PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law.
52. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed public records.
Hazardous Materials
53. HM-1 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law, whether it is disturbed by the PROJECT or not.
HM-2 is hazardous material (including, but not limited to, hazardous waste) that may require removal and disposal pursuant to federal or state law only if disturbed by the PROJECT.
The management activities related to HM-1 and HM-2, including and without limitation, any necessary manifest requirements and disposal facility designations are referred to herein as HM-1 MANAGEMENT and HM-2 MANAGEMENT respectively.
54. If HM-1 or HM-2 is found, the discovering PARTY will immediately notify all other PARTIES.
55. CALTRANS, independent of the PROJECT, is responsible for any HM-1 found within the existing State Highway System right-of-way. CALTRANS will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
CALTRANS, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT related to HM-1 found within the existing State Highway System right-of-way.
56. City, independent of the PROJECT, is responsible for any HM-1 found within the PROJECT limits and outside the existing State Highway System right-of-way. City will undertake, or cause to be undertaken, HM-1 MANAGEMENT with minimum impact to the PROJECT schedule.
City, independent of the PROJECT, will pay, or cause to be paid, the cost of HM-1 MANAGEMENT for HM-1 found within the PROJECT limits and outside of the existing State Highway System right-of-way.
57. The CONSTRUCTION IMPLEMENTING AGENCY is responsible for HM-2 MANAGEMENT within the PROJECT limits.
City and CALTRANS will comply with the Soil Management Agreement for Aerially Deposited Lead Contaminated Soils (Soil Management Agreement) executed between CALTRANS and the California Department of Toxic Substances Control (DTSC). Under Section 3.2 of the Soil Management Agreement, CALTRANS and City each retain joint and severable liability for noncompliance with the provisions of the Soil Management Agreement. City will assume all responsibilities assigned to CALTRANS in the Soil Management Agreement during PROJECT COMPONENTS for which they are the IMPLEMENTING AGENCY except for final placement 253
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and burial of soil within the State right-of-way, per Section 4.5 of the Soil Management Agreement, which is subject to CALTRANS concurrence and reporting to DTSC which will be performed by CALTRANS.
58. CALTRANS' acquisition or acceptance of title to any property on which any HM-1 or HM-2 is found will proceed in accordance with CALTRANS' policy on such acquisition.
Claims
59. City may accept, reject, compromise, settle, or litigate claims of any consultants or contractors hired to complete WORK without concurrence from the other PARTY.
60. PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
61. If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
Accounting and Audits
62. If the WORK expends state or federal funds, each PARTY will undergo an annual audit in accordance with the Single Audit Act in the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as defined in 2 CFR, Part 200.
63. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
64. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of- way in a safe and operable condition acceptable to CALTRANS.
65. If WORK stops for any reason, each PARTY will continue with environmental commitments included in the environmental documentation, permits, agreements, or approvals that are in effect at the time that WORK stops, and will keep the PROJECT in environmental compliance until WORK resumes.
Penalties, Judgments and Settlements
66. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.
67. The cost of legal challenges to the environmental process or documentation are considered WORK costs.
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68. Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnify and hold all other PARTIES harmless per the terms of this AGREEMENT.
Project Files
69. City will furnish CALTRANS with the Project History Files related to the PROJECT facilities on State Highway System within sixty (60) days following the completion of each PROJECT COMPONENT. City will assure that the Project History File is prepared and submitted in compliance with the Project Development Procedures Manual, Chapter 7. All material will be submitted neatly in a three-ring binder and in PDF format.
Environmental Compliance
70. If during performance of WORK additional activities or environmental documentation is necessary to keep the PROJECT in environmental compliance, PARTIES will amend this AGREEMENT to include completion of those additional tasks.
GENERAL CONDITIONS
71. All portions of this AGREEMENT, including the RECITALS section, are enforceable.
Venue
72. PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
73. All CALTRANS' obligations and commitments under this AGREEMENT are subject to the appropriation of resources by the Legislature, the State Budget Act authority, programming and allocation of funds by the California Transportation Commission (CTC).
Indemnification
74. Neither CALTRANS nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by City, its contractors, sub- contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon City under this AGREEMENT. It is understood and agreed that City, to the extent permitted by law, will defend, indemnify, and save harmless CALTRANS and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by City, its contractors, sub-contractors, and/or its agents under this AGREEMENT. 255
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75. Neither City nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify, and save harmless City and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Non-parties
76. PARTIES do not intend this AGREEMENT to create a third- party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
77. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambiguity and Performance
78. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY’s performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
79. A delay or omission to exercise a right or power due to a default does not negate the use of that right or power in the future when deemed necessary.
Defaults
80. If any PARTY defaults in its performance of the WORK, a non-defaulting PARTY will request in writing that the default be remedied within thirty (30) calendar days. If the defaulting PARTY fails to do so, the non-defaulting PARTY may initiate dispute resolution.
Dispute Resolution
81. PARTIES will first attempt to resolve AGREEMENT disputes at the PROJECT team level as described in the Quality Management Plan. If they cannot resolve the dispute themselves, the CALTRANS District Director and the Executive Officer of City will attempt to negotiate a resolution. If PARTIES do not reach a resolution, PARTIES' legal counsel will initiate mediation.
PARTIES agree to participate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However, if any PARTY stops 256
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fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
82. PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Prevailing Wage
83. When WORK falls within the Labor Code § 1720(a)(1) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code § 1771, PARTIES will conform to the provisions of Labor Code §§ 1720-1815, and all applicable provisions of California Code of Regulations, Title 8, Division 1, Chapter 8, Subchapter 3, Articles 1-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part, with federal funds and is of the type of work subject to federal prevailing wage requirements, PARTIES will conform to the provisions of the Davis-Bacon and Related Acts, 40 U.S.C. §§ 3141-3148.
When applicable, PARTIES will include federal prevailing wage requirements in contracts for public works. WORK performed by a PARTY's employees is exempt from federal prevailing wage requirements.
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below, the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION CITY OF MURRIETA
Catalino Pining III
District Director
Lori Stone
Mayor
Verification of Funds and Authority: Attest:
Corina Harriman
District Budget Manager
Cristal McDonald
City Clerk
Approved as to form:
Tiffany Israel
City Attorney
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CITY OF MURRIETA
City Council Meeting Agenda
Report
10/15/2024
Agenda Item No. 11.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Brian Crawford, Senior Program Manager - Parks & Recreation SUBJECT:
Construction Contract Amphitheater Parking Lot & Entryway Monument Project
RECOMMENDATION
Award the construction contract for the Town Square Park Amphitheater Parking Lot and Entryway Monument Project, Capital Improvement Project 10041, to the lowest responsible bidder, DeArk E&C, Inc., in the amount of $2,345,755.00, plus a 15% contingency;
Amend the Fiscal Year 2024/25 Operating Budget and Capital Improvement Plan Budget to provide an additional budget appropriation for Capital Improvement Project 10041; and Authorize the Mayor to execute the agreement.
PRIOR ACTION/VOTE
On June 4, 2024, the City Council adopted Joint Resolution No. 24-4745, approving the Capital Improvement Plan budget for Fiscal Years 2024/25 and the Capital Improvement Plan for Fiscal Years 2024-25 to 2028/29 (Vote: 5-0).
CITY COUNCIL GOAL
Plan, program and create infrastructure development.
BACKGROUND
The Town Square Park Amphitheater is a significant recreational venue for the Murrieta community and a central feature of the civic center complex. To improve accessibility and enhance the area's aesthetic appeal, the City plans to construct a new parking lot and an entryway monument. These improvements are expected to provide required Americans with Disabilities Act (ADA) compliant parking, facilitate better traffic management, and create a welcoming atmosphere for visitors.
Improvements include:
· Grading and construction of a ninety-one (91) space parking lot on a lot directly north of Town Square CITY OF MURRIETA Printed on 10/10/2024Page 1 of 3
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Agenda Item No. 11.
Park, which includes five (5) ADA compliant parking stalls. · ADA walkways, lighting, and landscaping.
· Drainage improvements to the lot north of the parking lot that will prevent the accumulation of standing water during the rainy season.
· Installation of trees and other plantings along the southside of Kalmia Street from Jefferson Avenue to Adams Avenue.
· Construction of a downtown entryway monument at the southwest corner of Kalmia Street & Jefferson Avenue that will include two (2) five by ten-foot video boards to provide information to the public through static graphics, raised seating walls, landscaping, and lighting. · The traffic control and electric service cabinets on the southwest corner of Kalmia Street and Jefferson Avenue will be relocated to the northwest corner of the same intersection to provide better visibility of the video boards.
A bid opportunity for this project was initially published on June 24, 2024, and bids were received from five (5) contractors. However, all bids were significantly higher than the project budget, and all were rejected with the concurrence and approval of the City Manager.
Staff reworked the project bid sheet and identified certain project components to be included as additive bid items so the City could balance the project scope with the approved project budget. The City republished the competitive bid opportunity for this project to PlanetBids on August 16, 2024, publicly advertised the project in a regional newspaper on August 20, 2024, and again on August 30, 2024, and received eight (8) bids prior to the deadline of 2 p.m. on September 12, 2024, as follows:
Contractor Base Bid Additive Bid
Items
Total Bid
Deark E&C, Inc $1,994,255 $351,500 $2,345,755
Act 1 Construction $2,015,819 $416,181 $2,432,000
R2BUILD $2,013,220 $472,100 $2,485,320
Environmental Construction $2,249,527 $362,484 $2,612,111 Elegant Construction $2,291,781 $403,950 $2,695,731
Marcon Engineering, Inc $2,395,188 $399,509 $2,794,697
Armstrong Cal Builders, Inc $2,695,469 $482,690 $3,181,159 Pub Construction, Inc $3,564,509 $532,835 $4,097,344
The total bid amount was the basis for awarding the project. The bids were reviewed, and the item prices were determined to be consistent with today’sconstruction market. The lowest responsive bid was approximately ten percent (10%) lower than the lowest bid from the previously rejected round of bidding.
Staff recommends that the contract be awarded to the lowest responsible bidder, DeArk E&C, Inc., in the amount of $2,345,755.00, plus a fifteen percent (15%) contingency of $351,863.25.
If significant issues are encountered during construction that requires spending a large portion of contingency funds, staff will still have the option of foregoing some additive bid items to ensure the overall project costs stay within the established project budget.
No bid protests were received for the Project.
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Agenda Item No. 11.
FISCAL IMPACT
The Town Square Park Amphitheater Parking Lot and Entryway Monument Project, CIP 10041, has an available budget of $2,309,027.87. Staff would like to complete the additive bid items as part of the initial construction. To fund the fifteen percent (15%) contingency, the additive bid items, and other intergovernmental fees, staff is requesting an additional budget appropriation of $456,090 from three funding sources, as shown in the table below.
Additional Project Funding Amount General Leger Account Job Ledger Account Unallocated Interest from the American
Rescue Plant Act (ARPA)
139,490$ 1127500-70000 10041112-500
Budget Established in General Fund
Capital from the Tree Mitigation Fund
136,600 1127500-70000 10041112-500
Gas Tax 180,000 3067500-70000 10041306-500 456,090$
Budget Required Amount General Leger Account Job Ledger Account Establish Transfers Budget 139,490$ 1120000-82160 10041112-82160 Establish Transfers Budget 139,490$ 3740000-83140 N/A Establish Revenue Budget 136,600$ 1120000-47815 10041112-47815
ATTACHMENTS
1. Construction Contract & Proposal, DeArk E&C, Inc.
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PUBLIC WORKS CONSTRUCTION CONTRACT
WITH THE City OF MURRIETA (“CITY”)
FORMAL BIDDING OVER $200,000
Project Name/Description (“ Project”): TOWN SQUARE PARK AMPHITHEATER PARKING
LOT & ENTRY MONUMENT IMPROVEMENTS
Contract Number: CITY PROJECT NO. 22-453/CIP 10041
Contractor Name (“Contractor”): Deark E&C Inc
Contractor Business Type: Corporation
Contractor Address: 1335 W Valencia Dr, Ste P, Fullerton, CA 92833 Contractor Representative Name and Title (“Contractor Representative”): Sean Lee, Controller Contractor Representative Work Phone and Email: 714-251-3777; [email protected] Contract Days: 50
Liquidated Damages Sum (per day): 500
Termination Date: TBD
Total Not-To-Exceed Contract Amount (“Contract Sum”): $2,345,755.00, plus 15% Contingency City Department Contact (“Project Manager”): Brian Crawford, Senior Program Manager Department Contact Work Phone and Email: 951-461-6047, [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): Yes
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RECITALS
The City desires to contract with a Contractor to provide services as more further set forth herein.
The City circulated a Notice Inviting Bids for the above-described services.
Contractor submitted a bid and was determined to be the lowest responsible bidder.
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This Contract, made and entered into effective on the date executed by the City, by and between the City of Murrieta, a municipal corporation, hereinafter referred to as " City," and the above- referenced Contractor.
The City and Contractor, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans, General and Special Provisions, Insurance Forms, this Contract, and all modifications and amendments thereto, and the latest version of the Standard Specifications for Public Works Construction, Parts 1 through 6, with the exception of Section 307, "Street Lighting and Traffic Signals," and the addition of the Standard Specifications, Department of Transportation, State of California State Standard Specifications, Section 86, "Signals, Lighting and Electrical Systems," and Section 56, "Signs," dated May 2006.
Copies of the Standard Specifications for Public Works Construction are available from the publisher:
Building News, Inc. (BNi)
990 Park Center Drive, Suite E Vista, CA 92081
(760) 734-1113
www.bnibooks.com
The aforementioned Standard Specifications will control the G eneral Povisions, construction materials, and construction methods for this Contract except as amended by the Plans and Specifications of this Contract.
In case of conflict between the Standard Specifications for Public Works Construction or State Standard Specifications, and the remaining Contract Documents, the remaining Contract Documents shall take precedence over and be used in lieu of such conflicting portions.
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used.
Unless otherwise specified, Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. Contractor shall perform the work as shown on the Contract Drawings, shall furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the completion of the above-referenced Project.
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All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision and subject to the approval of City or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. City agrees to pay and Contractor agrees to receive and accept the prices set forth in their bid as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. The total of all payments made to Contractor shall not exceed the Contract Sum set forth above.
Contractor agrees to complete the work on the Project in a period not to exceed the Contract Days set forth above per Section 6 -7 of the Standard Specifications for Public Work Construction, commencing upon the date stated in the Notice to Proceed by City . Construction shall not commence until bonds and insurance are approved by City . Contract Days shall be computed as calendar days and not as working or business days.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager or his designee is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed fifteen (15) percent of this Contract amount and the City Manager or his designee shall notify City Council in a public meeting if changes or additions to the work exceed ten (10) percent of this Contract amount.
6. PAYMENTS/ACCEPTANCE OF WORK. The text of Subsection 9 -3.2 of the Standard Specifications for Public Works Construction is hereby deleted and replaced with the following:
The closure date for the purpose of making partial progress payments will be the last day of each month. Contractor shall prepare the approximate measurement of the work performed through the closure date and submit it to City for approval by the tenth (10th) day of the following month.
Payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. A full five percent (5%) retention will be deducted from all progress payments. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work.
Upon completion of the work, Contractor shall so notify the Project Manager, in writing, submit satisfactory evidence of payment for equipment, materials and labor, submit " Contractor’s Affidavit." Upon receipt of the notification, the Project Manager shall promptly, by personal inspection, determine the actual status of the work in accordance with the terms of the Contract. If he finds materials, equipment, or workmanship that do not meet the terms of the Contract, he shall prepare a preliminary punch list of such items and submit it to Contractor. Final determination of acceptability shall be made by City . Upon acceptance of the work, City shall file a Notice of Completion. The conditions of the guarantee shall commence on the date that City files a Notice 296
of Completion. City shall make final payment to Contractor in the manner provided by law following the expiration of thirty-five (35) days after filing the Notice of Completion.
The final payment shall include the entire sum found to be due hereunder after deducting all previous payments and such other lawful amounts as the terms of this Contract describe.
7. LIQUIDATED DAMAGES; EXTENSION OF TIME. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the Liquidated Damages Sum set forth above per day for each calendar day completion is delayed beyond the time allowed pursuant to paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of and without the fault or negligence of Contractor, including delays caused by City . Contractor is required to promptly notify City of any such delay.
8. WAIVER OF CLAIMS. Unless a shorter time is specified elsewhere in this Contract, on or before making final request for payment under paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Contract; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment.
Contractor shall be required to execute an affidavit, release, and indemnify agreement with each claim for payment.
9. PREVAILING WAGES. Pursuant to provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from Director of the Department of I ndustrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office of Murrieta. Contr actor shall post a copy of such rates at the job site and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subContractor under him, in violation of the provisions of the Contract.
10. WORKERS' COMPENSATION LIABILITY INSURANCE. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code that requires every employer to be insured against liability for Workers' Compensation or undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract."
11. TIME OF THE ESSENCE. Time is of the essence in this Contract.
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12. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless, and defend City , its officers, employees, and agents against any and all liability, injuries, or death of persons ( Contractor's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of City.
13. C ONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
14. GRATUITIES. Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City 's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto.
15. CONFLICT OF INTEREST. Contractor warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparer of the Drawings and Specifications for this project.
Contractor further warrants that no person in his employ has been employed by City within one (1) year of the date of Notice Inviting Bids. Contractor’s duties and services under this Contract shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City . The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to con ceptual, preliminary, or initial plans or specifications. Contr actor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this Project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Contractor pursuant to this agreement
16. CONTRACTOR’S AFFIDAVIT. After completion of the work contemplated by this Contract, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the project have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice that has been filed under the provisions of the laws of the State of California.
17. SIGNATURE OF CONTRACTOR
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Corporations: The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk's office.
Partnerships: Names of all persons comprising the partnership or co -partnership must be stated.
Bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging signer to be a genera l partner is presented to the City Clerk, in which case the general partner may sign.
Joint Ventures: Bids submitted as joint ventures must so state and be signed by each joint venturer.
Individuals: Bids submitted by individuals must be signed by the bidder, unless an up- to-date power of attorney is on file in the City Clerk's office, in which case said person may sign for the individual.
The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.
18. SUBSTITUTED SECURITY. In accordance with Section 22300 of the Public Contracts Code, Contractor may substitute securities for any monies withheld by City to ensure performance under the Contract.
At the request and expense of Contractor , securities equivalent to the amount withheld shall be deposited with City or with a State or Federally chartered bank or an escrow agent who shall pay such monies to Contractor upon notification by City of Contractor's satisfactory completion of the Contract. The type of securities deposited and the method of release shall be approved by the City Attorney's office.
19. RESOLUTION OF CLAIMS. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the Parties. The disputed work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined as set forth below. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters.
Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non- binding judicial -supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
For purposes of these procedures, “claim” means a separate demand by the Contractor , after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Contract and payment of which is not 299
otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Contract for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions.
Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
(b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 calendar days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 calendar days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 calendar days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 calendar days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual Contract of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 calendar days (if the claim is less than $50,000, within 15 calendar days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City ’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 calendar days of receipt of the City’s response or within 15 calendar days of the City ’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 calendar days for settlement of the dispute. 300
(e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 calendar days after the City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
(i) If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charg ed by its respective mediator in connection with the selection of the neutral mediator.
(ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
(f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor . City’s failure to respond shall not waive City ’s rights to any subsequent procedures for the resolution of disputed claims. (g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
(h) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
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(i) Within 60 calendar days, but no earlier than 30 calendar days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.
The mediation process shall provide for the selection within 15 calendar days by both Parties of a disinterested third person as mediator, shall be commenced within 30 calendar days of the submittal, and shall be concluded within 15 calendar days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both Parties. If the Parties fail to select a mediator within the 15 -day period, either Party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civi l Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. (iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney’s fees of the other Party arising out of the trial de novo.
20. NOTICE TO CITY OF LABOR DISPUTES. Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City.
21. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of City.
22. UTILITY LOCATION. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
23. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4216.2.
24. TRENCH PROTECTION AND EXCAVATION. Contractor shall submit its detailed plan for worker protection during the excavation of trenches required by the scope of the work in accordance with Labor Code Section 6705.
25. HAZARDOUS CONDITIONS.
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(a) Contractor shall, without disturbing the condition, notify City , in writing, as soon as Contractor, or any of Contractor 's subcontractor s, agents, or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
(1) The presence of any material that Contractor believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
(2) Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or
(3) Unknown physical conditions at the site of any unusual nature, different materially for those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
(b) Pending a determination by City of appropriate action to be taken, Contractor shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.
(c) City shall promptly investigate the reported conditions. If City, through and in the exercise of its sole discretion, determines that the conditions do materially differ or do involve hazardous waste, and will cause a decrease or increase in Contractor 's cost of, or time required for, performance of any part of the work, then City shall issue a change order. (d) In the event of a dispute between City and Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor 's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date, and shall proceed with all work to be performed under the contract.
Contractor shall retain any and all rights that pertain to the resolution of disputes and protests between the parties.
26. CARB COMPLIANCE. For a project involving the use of in- use off-road diesel-fueled vehicles, as defined by 13 CCR 2449, Contractor shall obtain copies of the valid Certificates of Reported Compliance, as described in 13 CCR 2449(n), for the fleet performing services pursuant to this contract and all listed subcontractors, if applicable, prior to commencing any work pursuant to this Contract or any renewed contract with that fleet. Contractor shall indemnify, defend and hold harmless the District, its officers, agents, employees and directors from any liability imposed arising from Contractor’s violation of any regulation set forth in 13 CCR 2449.
27. INSPECTION. The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including, without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work.
28. DISCRIMINATION. Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap.
29. GOVERNING LAW. This Contract and any dispute arising hereunder shall be governed by the law of the State of California.
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30. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of Contractor as set forth above , and to City addressed to the Project Manager as follows:
City of Murrieta
1 Town Square
Murrieta, CA 92562
31. FEDERAL FUNDING. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit A are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit A may be omitted.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year set forth below.
City:
CITY OF MURRIETA, a California municipal
corporation
By:
Lori Stone, Mayor
ATTEST: Date:
Cristal McDonald, City Clerk
Date:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:
Contractor:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.
By:
Name: Dong K Jin
Title: President & CEO (Sole Officer)
Date:
By:
Name:Dong K Jin
Title:President & CEO (Sole Officer)
Date:
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EXHIBIT "A"
FEDERAL REQUIREMENTS
(Only applicable if required on cover page of agreement)
1. Debarment and Suspension. The Contractor represents that neither it nor any of its principals has been debarred, suspended, or determined ineligible to receive federally funded contracts.
The Contract is subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986), 2 C.F.R. Part 180, and 2 C.F.R.
Part 3000. The Contractor further agrees that it will notify the City immediately if it or any of its principals is placed on the list of parties excluded from federal procurement or nonprocurement programs.
2. During the performance of this contract, the Contractor agrees as follows:
(A) The C ontractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The C ontractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (B) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(C) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation 306
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conducted by the employer, or is consistent with the C ontractor's legal duty to furnish information.
(D) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(E) The C ontractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(F) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible f or further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (H) The Contractor will include this paragraph 2 and the provisions of paragraphs (A) through ( G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into su ch litigation to protect the interests of the United States.
3. Title VI Civil Rights Act Implementation and Assurances. The Contractor, and its subcontractors, successors, transferees, and assignees shall comply with:
(A). Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d, et seq., 78 stat. 252) and its applicable federal statutory, regulatory authorities, other pertinent directives, circulars, policy, memoranda, and guidance prohibiting discrimination on the 307
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basis of race, color, national origin, age, sex, and disability and give assurance that it will promptly take any measures necessary to ensure such compliance;
1. All applicable provisions governing the City’s and applicable federal department’s or agency’s access to records, accounts, documents, information, facilities, and staff;
2. Any program or compliance reviews, or complaint investigations, or both, conducted by the City or Federal department or agency;
3. Record retention and reporting requirements, maintain and preserve all project Records for a minimum of five (5) years and all requests for documents and materials in a timely, complete, and accurate manner; and
4. All other reporting, data collection, and evaluation requirements, as required by the City, prescribed by law, or detailed in program guidance.
(B). Americans with Disabilities Act. The Subrecipient agrees to comply with the requirements of the Americans with Disabilities Act and the Equal Employment Opportunity Act, and the regulations promulgated pursuant thereto, and to require such compliance in any contractual agreements with subcontractors.
4. Davis-Bacon Act, as amended (40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, Contractors shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractor shall pay wages not less than once a week. Contractor shall comply with the Copeland “Anti - Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United Sta tes”). The Act pr ovides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Contractor shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 308
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40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
6. Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended. Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
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Town Square Park
Amphitheater Parking L ot
&
Entryway Monument
Project
Brian Crawford, Senior Program Manager
October 15, 2024