CITY OF MURRIETA
GENERAL OPERATING ACCOUNT
1 TOWN SQ
MURRIETA CA 92562-7922
Account Number - DDA
FUND SUMMARY
Dividends Earned YTD 5,273,222.68
Federal Withholding YTD .00
7-Day Simple Yield 4.57637 %
Federal Withholding .00
Beginning Balance 108,707,483.76
Shares Purchased 5,908,096.08 +
Shares Redeemed 7,932,452.96 -
Ending Balance 106,683,126.88
Prior Month Dividends Paid to Checking 445,572.84
Dividends Earned in Current Month 407,608.44
Funds Pending Redemption 630,258.99-
167
STAGECOACH SWEEP
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 11-06 109,553,422.04 4.740 % .000129879 14,228.69
11-07 108,740,174.57 4.734 % .000129721 14,105.88
11-08 108,804,285.61 4.652 % .000127474 13,869.72
11-09* 108,801,875.88 4.652 % .000127474 13,869.41
11-10* 108,801,875.88 4.652 % .000127474 13,869.41
11-11* 108,801,875.88 4.652 % .000127474 13,869.41
11-12 108,801,875.88 4.600 % .000126046 13,714.04
11-13 106,135,748.13 4.597 % .000125964 13,369.28
11-14 105,983,521.85 4.608 % .000126262 13,381.69
11-15 105,913,615.36 4.584 % .000125614 13,304.23
11-16* 105,099,890.90 4.584 % .000125614 13,202.02
11-17* 105,099,890.90 4.584 % .000125614 13,202.02
11-18 105,099,890.90 4.588 % .000125707 13,211.79
11-19 104,931,147.27 4.583 % .000125580 13,177.25
11-20 104,739,586.58 4.582 % .000125537 13,148.69
11-21 104,205,235.72 4.577 % .000125415 13,068.90
11-22 104,210,290.65 4.576 % .000125383 13,066.20
11-23* 104,210,290.65 4.576 % .000125383 13,066.20
11-24* 104,210,290.65 4.576 % .000125383 13,066.20
11-25 108,841,155.50 4.579 % .000125464 13,655.65
11-26 109,077,877.32 4.581 % .000125528 13,692.33
11-27 107,183,483.91 4.581 % .000125509 13,452.49
11-28* 106,683,126.88 4.581 % .000125509 13,389.69
11-29 106,683,126.88 4.573 % .000125304 13,367.82
11-30* 106,052,867.89 4.573 % .000125304 13,288.85
TOTAL MTD 407,608.41
* Indicates non-business day
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MONEY MARKET MUTUAL FUNDS (EACH, A "MMMF") ARE NOT FDIC INSURED, HAVE NO BANK GUARANTY AND MAY LOSE VALUE.
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11/01/2024 - 11/30/2024
Account Number - DDA
168
CITY OF MURRIETA
City Council Meeting Agenda
Report
1/21/2025
Agenda Item No. 5.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Angela Martin Van der Baan, Records Manager SUBJECT:
Approve an Agreement with Unity OnBase - Konica Minolta for the Electronic Content Management System
RECOMMENDATION
Approve an Agreement with Unity OnBase - Konica Minolta for the City’sElectronic Content Management System, for a total not to exceed the amount of $125,000.02 in a form approved by the City Attorney; Amend the Fiscal Year 2024/25 Operating Budget by establishing an additional appropriation of $53,914.64 in General Ledger Account 7268340-62160;
Authorize exemption from bidding requirements; and
Authorize the City Manager to execute the agreement.
PRIOR ACTION/VOTE
On August 6, 2019, the City Council adopted Resolution No. 19-4131, authorizing entering into an agreement with Konica Minolta for software and services related to a Sire to OnBase Migration of the City’sEnterprise Content Management and Agenda Management Solution (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
As the City’scustodian of records and in accordance with California Government Code Section 12168.7(c) and Secretary of State standards for the Trusted Storage of Official Electronic Documents or Records, the City Clerk is responsible for maintaining and ensuring the proper management of the City’srecords. A trusted Electronic Content Management System (ECMS) is the standard and requirement for the City‘s Records Management Program. An ECMS is a software application that helps organizations store and manage the lifecycle of their records.
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Agenda Item No. 5.
On April 3, 2012, the City Council adopted Resolution No. 12-2893, approving the purchase of the Sire Records Management and Agenda Management System (Sire), a comprehensive records and agenda management system. Sire is a product of Hyland Software, Inc. (Hyland). The initial term of the licensing and maintenance services was for five years, which expired in June 2017. Staff negotiated an administrative extension under the City Manager’s signing authority through June 30, 2019.
A new, one-year agreement was executed from May 2019 through June 30, 2020. At that time, Hyland notified the City that the Sire product was no longer being supported with updates or development of new features and that Hyland’s next-generation product, Unity/OnBase, was available should the City wish to upgrade. The previous City Clerk evaluated the Unity/OnBase product and determined that the upgrade was essential. The search capabilities for the records management solution were likely intended to provide greater transparency on the public-facing portal, ensuring residents could easily find scanned documents from the convenience of their homes or mobile locations, as well as assist records management staff in complying with the City‘s Records Retention Schedule and the Public Records Act.
On August 6, 2019, under the previous City Clerk, the City Council adopted Resolution No. 19-4131 authorizing an agreement with Konica Minolta for software and services related to a Sire to OnBase migration of the City’sElectronic Content Management and Agenda Management Solution for an amount not to exceed $145,710.
In 2022, the current City Clerk began evaluating the OnBase/Unity product, including the support received from Konica Minolta. As a result, in 2023, the City opted to stop using Unity/OnBase for agenda management but retained the services for their records management software, agenda media files, and technical support.
As a continuous effort to ensure the records system used is effective and to resolve identified issues, in early 2024, the City Clerk began to move forward on issuing a Request for Proposal (RFP) for an ECMS.
Unfortunately, due to budgetary constraints, issuance of the RFP was postponed.
As of December 2024, the City Clerk has exceeded the $145,710 that was approved by the City Council in 2019 and is proposing to enter into a new agreement that includes the cost of 1) yearly service maintenance fees for three years; 2) agenda media files subscription; 3) two one-time fees for data export and system upgrade services; and 4) a contingency amount for unforeseen costs as follows:
Fee Type FY 24-25 FY 25-26 FY 26-27 Contingency
Records
Management System
Maintenance
$23,321.95 $20,056.87 $21,561.14 NA Yearly Cost
Agenda Media Files
Subscription
$12,379.80 NA NA NA Yearly Cost
Agenda Media Files
Data Export
$9,000 NA NA NA One-Time Cost
Records
Management System
Upgrade
$25,000 NA NA NA One-Time Cost
For Unforeseen
Costs
NA NA NA $13,680.26 As Needed
Total: $69,701.75 $20,056.87 $21,561.14 $13,680.26 $125,000.02 Staff recommends continuing to use the services provided by Unity OnBase-Konica Minolta until proper funds can be budgeted for a more efficient and fitting system for the City. Section 3.08.280 of the Municipal Code outlines competitive bidding procedures, and allows that requirements may be dispensed when the City CITY OF MURRIETA Printed on 1/16/2025Page 2 of 3
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Agenda Item No. 5.
outlines competitive bidding procedures, and allows that requirements may be dispensed when the City Council finds that adherence to the procedures in this chapter would be inefficient, impractical, and unnecessary. The City Clerk will evaluate budget obligations and decide if completing a Request for Proposal (RFP) process is appropriate in Fiscal year 2026/27.
Staff is working with the City Attorney and Konica Minolta to develop the proper agreement forms and/or amendments and recommends authorizing the City Manager to approve such agreement for future yearly Service Maintenance and Subscription renewals and a one-time fee for the Data Export and System Upgrade, with a total not to exceed $125,000.02, upon approval as to form by the City Attorney.
FISCAL IMPACT
Staff is requesting an additional budget appropriation in the Fiscal Year 2024/25 Operating Budget in General Ledger Account 7268340-62160 to cover the $53,914.64 deficiency between what was budgeted and what will need to be expended for the year. The budget for the remaining years of the agreement will be included in the normal biennial budget process.
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City Council Meeting Agenda
Report
1/21/2025
Agenda Item No. 6.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, Assistant City Manager
PREPARED BY: Kristen M. Crane, Assistant City Manager
SUBJECT:
First Amendment to the Temporary License Agreement with Juniper Trails, LLC for Use of Property at Murrieta Equestrian Center
RECOMMENDATION
Approve the First Amendment to the Temporary License Agreement with Juniper Trails, LLC for use of a portion of the property at the Murrieta Equestrian Center; Amend the Fiscal Year 2024/25 Operating Budget; and
Authorize the Mayor to execute the First Amendment to the Temporary License Agreement.
PRIOR ACTION/VOTE
On August 18, 2009, the City Council adopted Resolution No. 09-2358, 1) Approving a Purchase and Sale Agreement for the acquisition of the Murrieta Stud Ranch for the sum of $2,339,100; 2) Directing staff to open and enter into escrow; 3) Authorizing the City Manager to execute associated documents related to its purchase; and 4) Approving the Memorandum of Understanding with Pasha Investments, LLC for the management of the property for one-year after close of escrow (Vote: 5-0).
On May 16, 2017, the City Council approved a license agreement with JACC & Co. to operate a 2.3-acre portion of the Murrieta Equestrian Park (Vote: 5-0).
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
BACKGROUND
In 2009, the City purchased the former Murrieta Stud Farm to meet the needs of the equestrian community in Murrieta. An equestrian facility has been identified as a need within the Parks Master Plan completed around that time. The overall property is 20.59 acres. In the initial years under City ownership, the property was used for hosting equestrian activities and private events. In more recent years, the property generally functions as a CITY OF MURRIETA Printed on 1/16/2025Page 1 of 3
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Agenda Item No. 6.
for hosting equestrian activities and private events. In more recent years, the property generally functions as a passive park that equestrian enthusiasts can use, along with limited use for Police Department training activities and as a location for archery instruction as part of the City’sRecreation Program. There are several structures on the property which are in varying need of repair. A concept plan was completed in 2017 for the build-out of the property as an equestrian center for recreational use. However, the City did not have funding to proceed with implementation, which was estimated to cost $10 million at that time. Another challenging dynamic is that the site is not connected to the water or sewer system and will have to be annexed into both the Metropolitan Water District and Western Municipal Water District in order to be connected for those services.
In 2015, staff issued an informal Request for Proposals to solicit an Operator for a 2.3-acre portion of the Equestrian Park. Only one proposal was submitted. The City entered into an agreement with that individual (Reata Ranch), which then opted to terminate their agreement with the City in 2017.
In March 2017, there was another Request for Proposals process through which one proposal was received.
The City entered a Temporary License Agreement with that entity, JACC & Co., now operating as Juniper Trails LLC (Operator). The original term of the Temporary License Agreement was three years, with five additional one-year renewals. The base rent in 2017 was $550 per month, with a 3% escalator annually in May, plus a cost for electricity. Water is provided via a well. There are no sewer services, and the Operator is responsible for all other utilities and services, including trash and portable restrooms. Presently, the monthly rent is $740, plus $65 for a proportional share of electricity.
In March 2024, the City informed the Operator that for the final year of the Agreement, it proposed a month-to- month arrangement, during which the parties would work together to review the monthly rent amount.
Determining the fair market value for the Temporary License Agreement is difficult to calculate. There are a few examples of municipal-owned equestrian facilities that are leased to private entities for operation.
Recognizing the unique nature of this facility and the limited interest the City has previously experienced for the operation of the facility by an outside entity, staff has had ongoing discussions with the Operator about their operations and the potential for increasing the rent.
Attachment 1 includes a First Amendment to the Temporary License Agreement for consideration of the City Council. The basic terms are as follows:
· One-year extension to May 2, 2026, with the City having the right to renew the term for five additional one-year periods;
· Base rent amount increases effective February 2025, to $1,800 per month, with a 3% escalator increase annually in May; and
· Additional $65 charge per month for electricity, with a 3% escalator increase annually in May.
All other provisions of the original Temporary License Agreement will remain unchanged.
Under the Temporary License Agreement, the Operator is able to use two spaces within the adjacent barn for storage. The operator also owns all of the pipe corral fencing and other improvements.
By approving this First Amendment to the Temporary License Agreement, the City Council recognizes that the Operator, which is a nonprofit organization, will be operating a service that provides a public benefit, including:
· Riding instruction programs for about 65 students per week; · Partnerships with local charter schools to offer lessons as part of their physical education program; · Participation in the City’sCommunity Services Department Recreation Program to offer classes to the CITY OF MURRIETA Printed on 1/16/2025Page 2 of 3
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Agenda Item No. 6.
public; and
· Maintaining the equestrian character of this area of the community and providing an opportunity for the public to connect with that facet of Murrieta’shistory who might not otherwise be able to due to lack of ownership of a horse.
Additionally, Juniper Trails is interested in/willing to offer public open house-type events to connect the community with the City’sequestrian history. The Operator is also interested in offering a therapeutic riding program.
Juniper Trails has scaled back private boarding services. Most of the horses that now reside at Juniper Trails are considered “lesson horses” because they either belong to students or are horses that are used for the lesson program. Boarding services are very labor intensive and expensive to operate, whereas the lesson horses are cared for by the students.
The additional income to the City from the increased rent will generally be used toward upkeep and maintenance costs associated with the overall Equestrian Center property, which includes tree trimming, bee removal, and pest remediation.
FISCAL IMPACT
If the City Council approves the First Amendment to the Temporary License Agreement, additional revenues of $1,060 per month will be realized. Staff recommends an amendment to the Fiscal Year 2024/25 Operating budget to increase the Community Services District Fund Lease/Rental Account 1715162-44462 by $5,300 for the remainder of the fiscal year and approximately $12,720 annually thereafter. This amount will be used toward maintenance costs for the overall property.
ATTACHMENTS
1. First Amendment to Temporary License Agreement
2. Map of Equestrian Center
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01375.0022/1018792.4 1
FIRST AMENDMENT TO TEMPORARY LICENSE AGREEMENT
This First Amendment to Temporary License Agreement (“Amendment”) is made and entered into this ___ day of ____________, 2025, by and between the CITY OF MURRIETA, a municipal corporation (“ City”) and JUNIPER TRAILS , LLC , a California limited liability company as successor to JACC & CO., LLC , a California limited liability company (stet) (“Licensee”). City and Licensee are sometimes hereinafter individually referred to as a “Party” and jointly as the “Parties.”
RECITALS
A. City and Licensee entered into that certain Temporary License Agreement dated May 2, 2017 (“Original Agreement”) for approximately 2.3 acres of the real property located at 42670 Juniper Street, City of Murrieta, County of Riverside, State of California (“Premises”).
B. The term of the Original Agreement expires on May 2, 2025 (“Current Term Expiration Date”).
C. The current rent under the Original Agreement is Seven Hundred Forty Dollars ($740) per month.
D. JACC & Co. , LLC was the original licensee which assigned the Original Agreement to Licensee which assumed all obligations under the Original Agreement and has been operating the Premises.
E. The Parties desire to amend the Original Agreement as set forth in this Amendment to, among other things, extend the term by one (1) year and increase the monthly rent.
NOW, THEREFORE, the Parties agree that the Agreement shall be amended as follows:
AGREEMENT
1. Recitals. The foregoing recitals are incorporated herein by reference.
2. Defined Terms. All terms not otherwise defined in this Amendment shall have the meanings set forth in the Original Agreement.
3. Effective Date. This Amendment shall be effective on th e day that it is executed by both Parties (“Amendment Effective Date”).
4. Amendments/Modifications to Original Agreement. The Original Agreement is amended as follow:
A. Section 1 Term is amended to extend the Current Term Expiration Date to May 2, 2026. In addition, the City reserves the right to renew the term for an 175
01375.0022/1018792.4 2
additional five (5), one (1) year periods (“Extended Term”). Annual renewals shall be automatic and based on satisfactory performance of service based upon review by the City Manager or designee unless terminated by either Party with thirty (30) days written notice prior to the expiration of then existing term.
B. Section 2 Rent is amended to provide that, commencing on the Amendment Effective Date, the rent shall be One Thousand E ight Hundred ($1,800) per month (“Rent”). The Rent shall increase at the rate of Three Percent (3%) on May 2nd of each year of the Extended Term, if applicable. Any sums due under this Agreement is hereinafter referred to as “Rent.”
C. Section 4 Improvements/Alterations/Repairs is amended to add a new subparagraph (h) as follows:
“h. Default/Remedies. If Licensee fails to pay Rent within three (3) days of written demand or violates any other provision of this Temporary License and fails to cure s ame within fifteen (15) days of written demand, Licensee shall be in default (“Default”). Upon Default, City shall have all rights available at law or equity, including, but not limited to, terminating this Temporary License, and the remedy described in Ca lifornia Civil Code Section 1951.4 (lessor may continue lease in effect after lessee's breach and abandonment and recover rent as it becomes due, if lessee has right to sublet or assign, subject only to reasonable limitations).”
D. A new Section 9 Termination is added as follows:
“Notwithstanding any other provision of this Temporary License, either party may elect in its sole discretion to terminate this Temporary License upon not less than thirty (30) days of notice of its election to terminate this Temporary License (“Notice of Termination”). This Temporary Licensee shall terminate at the end of the 30 day period (“Date of Termination”).
In the event that the City opts to terminate this Temporary Licensee pursuant to the foregoing provision or elects to not extend the Term pursuant to Section
1. Licensee shall promptly vacate the Premises, including removing any and all items or materials brought to the Premises by Licensee by the date that this Temporary License terminates.”
E. A new Section 10 Utilities is added as follows:
“a. Trash. Licensee shall be responsible for procuring and timely paying all charges for their own trash services directly with Waste Management.
b. Water and Sewer. The Premises are not connected to a municipal water or sewer system. Licensee shall rely solely on well water for its water supply.
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c. Electricity. Licensee shall pay a pro -rated share of the electricity costs for the larger Equestrian Center property, which is serviced by a single meter. As of the Effective Date of this Amendment, the current share of electrical service is $65 per month. This amount shall increase at the rate of Three Percent (3%) on May 2 nd of each year of the Extended Term, if applicable. Additionally, this amount may be increa sed by written notice to Licensee. The assessed amount shall be due and payable concurrently with the Rent.”
5. Continuing Effect of Agreement. Except as otherwise provided in this Amendment, all provisions of this Original Agreement shall remain in full force and effect.
6. Miscellaneous.
6.1 Affirmation. The Parties ratify and reaffirm each and every one of the respective rights and obligations arising under the Original Agreement. Licensee hereby represents and warrants to City that it is the legal successor to the original Licensee and confirms that it has assumed the Original Agreement and all obligations under the Original Agreement as amended by this Amendment.
6.2 No Other Modification. Each Party represents and warrants to the other that (i) there have been no written or oral modifications to the Original Agreement, and (ii) the Original Agreement as amended hereby is currently effective, valid, and binding obligations of the Parties.
6.3 Representations. Each Party (“Representing Party”) represents and warrants to the other Party (“Other Party”) that, as of the Amendment Effective Date, the Other Party is not in default of any material term of the Original Agreement and that there have b een no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Original Agreement.
6.4 Adequate Consideration. The Parties stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
6.5 Authority. The persons executing this Amendment on behalf of Licensee represent and warrant to City that (i) Licensee is duly organized and existing under the laws of the State of California, (ii) they are duly authorized to execute and deliver this Amendment on behalf of Licensee, (iii) by so executing this Amendment, Licensee is formally bound to the provisions of this Amendment, and (iv) entering into this Amendment does not violate any provision of any other agreement to which Licensee is bound.
6.6 Interpretation. This Amendment shall be construed according to its fair meaning as if prepared by both Parties to this Amendment. Headings us ed in this Amendment are provided for convenience only and shall not be used to construe meaning or intent.
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6.7 Counterparts. This Amendment may be executed in any number of counterparts and each of such counterparts shall for all purposes to be deemed t o be an original. All such counterparts shall together constitute but one and the same Amendment.
6.8 Electronic Execution. This Amendment may be executed electronically provided same complies with UETA and ESIGN using qualified third party providers s uch as AdobeSign or DocuSign.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment on the dates specified below.
LICENSEE: CITY:
JUNIPER TRAILS, LLC, a California
limited liability company
By: ___________________________
Name: Alicia Albin
Title: Managing Member
CITY OF MURRIETA, a general law city
By: ___________________________
Cindy Warren, Mayor
ATTEST:
______________________________
Cristal McDonald, City Clerk
Approved as to form:
ALESHIRE & WYNDER, LLP
______________________________
Tiffany Israel, City Attorney
178
Juniper Trails
Temporary License Agreement Area
Murrieta Equestrian Center
Area
Attachment 2
179
CITY OF MURRIETA
City Council Meeting Agenda
Report
1/21/2025
Agenda Item No. 7.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, City Manager
PREPARED BY: Cristina Davies, Public Information Officer SUBJECT:
Second Amendment to Goodsides, LLC Agreement for Videoing and Editing Services
RECOMMENDATION
Approve the Second Amendment to the Goodsides, LLC Agreement for video and editing services, increasing the not-to-exceed amount to $150,000, and extending the term of the agreement through June 1, 2026; and Authorize the City Manager to execute the Second Amendment to the Agreement.
PRIOR ACTION/VOTE
None.
CITY COUNCIL GOAL
Foster and promote an engaged, connected and caring community.
BACKGROUND
In January 2023, the City of Murrieta entered into an Agreement with Goodsides, LLC to provide quality video and editing services for City events. Goodsides’ commitment is to prioritize excellence, flexibility, and efficiency. Their seasoned production team is dedicated to delivering polished, impactful videos that resonate with diverse audiences and reflect Murrieta’spride and progress. Their production quality has proven to be effective at clearly communicating key City milestones and project information in an engaging way for residents and visitors to understand.
The original 2023 agreement had a not-to-exceed amount of $35,000. In January 2024, staff executed a First Amendment to the Agreement, extending the termination date to January 24, 2025, and increased the contract by $40,000, to a not-to-exceed amount of $75,000. Staff is requesting a Second Amendment to extend the termination date to June 1, 2026, as well as increasing the not-to-exceed amount to $150,000.
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Agenda Item No. 7.
FISCAL IMPACT
Funding for the video services has already been budgeted for Fiscal Year 2024/25 in account 1101400-63120 for $35,000. Funding for Fiscal Year 2025/26 will be included in the upcoming biennial budget.
ATTACHMENTS
1. Second Amendment to the Goodsides, LLC Agreement
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AMENDMENT TO THE AGREEMENT WITH
THE CITY OF MURRIETA AND CONSULTANT
Amendment No.: 2
Original Agreement Title (“Agreement”): The City of Murrieta and Goodsides, LLC Agreement Effective Date: January 25, 2023
Agreement Termination Date: January 24, 2025
Consultant Name: Goodsides LLC
Brief Description of Scope of Services (“Services”): Goodsides provides quality video and editing services for State of the City and City events.
This Amendment to the Agreement, made effective on the date ex ecuted by the City by and between the City of Murrieta, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("City"), and the above referenced Consultant with reference to the following facts which are acknowledged by each party as true and correct:
RECITALS
Whereas, City is a general law city, formed and existing pursuant to the provisions of the California Government Code.
Whereas, City and Consultant entered into an Agreement on the Effective Date set forth above for the Services.
Whereas, City and Consultant wish to amend the Agreement as further set forth herein.
Whereas, the Agreement was previously modified by the following prior amendments: 1
AMENDMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
1. The above recitals are true and correct.
2. The following terms of the Agreement are hereby amended to read as follows:
Section 3.1 of the Agreement is hereby amended in its entirety to read as follows:
“Term. The Agreement shall be from January 25, 2023, until June 1, 2026.”
Section 4.1 of the Agreement is hereby amended in its entirety to read as follows:
“Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay 182
01375.0001/937862.4 -2-
CONSULTANT per individual project at rates set within proposal, not-to-exceed a total cumulative fee of $150,000.00 (One hundred and fifty thousand dollars and Zero Cents) for the term of this Agreement.”
3. All other conditions of the Agreement shall continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Agreement to be executed on the dates set forth below.
Signature Page to Follow.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF MURRIETA, a California municipal
corporation
By:
Choose an item.
ATTEST: Date:
Cristal McDonald, City Clerk
Date:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:
CONSULTANT:
Two corporate officer signatures required when
Contractor is a corporation, with one signature required from each of the following groups: 1) Chairperson of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Contractor’s business City.
By:
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01375.0001/937862.4 -3-
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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1/21/2025
Agenda Item No. 8.
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:
Change Order for Construction Management Services with Anser Advisory for Tot Lot Improvements Phase 1
RECOMMENDATION
Approve a change order to Purchase Order P03688 with Anser Advisory Management LLC, in the amount of $49,660, for Construction Management Services related to the Tot Lot Improvements Project Phase 1; and Approve an additional budgetary appropriation for Capital Improvement Projects (CIPs) 22026, 22035, 22036, and 22038 from Park Land Development Impact Fees using Unassigned Fund Balance.
PRIOR ACTION/VOTE
On July 2, 2024, the City Council awarded a construction contract in the amount of $1,344,667.35 to Millsten Enterprises, Inc., for Tot Lot Improvement Project Phase 1 CIPs 22026, 22035, 22036, and 22038 (Vote: 5-0).
On June 20, 2023, the City Council awarded an On-Call Consulting Services Agreement with Anser Advisory (Vote: 4-0-1).
CITY COUNCIL GOAL
Coordinate and deliver responsive, effective community services.
BACKGROUND
Anser Advisory Management (Anser) is a consulting firm that performs project, construction, and labor compliance services through an on-call consulting agreement with the City.
In February 2023, staff requested that Anser provide a proposal for services related to each of the nine (9) sites included in two (2) phases of the Tot Lot Improvements projects. At the time, there was limited information about the level of effort needed for the design and construction portion of the projects and only preliminary estimates on what it would cost to construct each site.
The Tot Lot Improvements Project Phase 1 includes four (4) sites, each with its own Capital Improvement Program (CIP) Project number. All four (4) locations are projected to go over budget for construction CITY OF MURRIETA Printed on 1/16/2025Page 1 of 2
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Agenda Item No. 8.
Program (CIP) Project number. All four (4) locations are projected to go over budget for construction management-related services and require additional funding to close out each project thoroughly. Originally, the construction contractor was allowed one hundred (100) days to complete the project. However, there have been several unforeseen issues like playground equipment fitment issues, the need to add safety fencing to three of the four locations, incorrectly calculated quantities of soil export at three of the sites, and ADA access issues at Northstar Park. These issues will require adding an additional 50-60 days to complete the project, and the additional costs for construction consulting services provided by Anser are directly attributed to the additional number of construction days.
No amendments are necessary to the agreement with Anser, as services are utilized through the existing On- Call Agreement, which requires a proposal to be provided for each project.
FISCAL IMPACT
The above request will require a total increase in funding of $49,660 for Construction Management Services using Park Land Development Impact Fees (DIF) funds, as follows:
CIP Project Park Original Consulting Fee Addt’l Funding Requested Total 22026 Oak Terrace $ 18,544 $ 4,500 $ 23,044 22035 Palomar $ 19,438 $ 4,810 $ 24,248 22036 Northstar $ 35,956 $ 25,830 $ 61,786 22038 Monte Vista $ 27,656 $ 14,520 $ 42,176 $ 101,594 $ 49,660 $ 151,254
Park Land DIF does have available Unassigned Fund Balance to cover this budget appropriation.
ATTACHMENTS
1. Anser Change Order Proposal
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December 4, 2024
City of Murrieta – Community Services Dept.
Brian Crawford, Senior Program Manager
1 Town Square, Murrieta, Ca 92562
[email protected]
(951) 461-6047
REF: FEE PROPOSAL– ADDITIONAL CONSTRUCTION MANAGEMENT SERVICES FOR TOT LOT PHASE 1 PARKS (PO #P03688)
Dear Mr. Crawford,
Due to the increase in rates from Anser Advisory’s original on-call contract proposal, additional impacts we’ve seen at Monte Vista and Northstar parks, new site fencing for Monte Vista, Palomar and Oak Terrace and an additional 31 working days (currently) added to the original schedule for the Tot Lot Phase 1 Park projects, Anser respectfully requests a change order be provided to complete Construction Management services on the referenced Purchase Order P03688.
With City approval, Anser plans to continue their initial scope of work required in the original proposal to assist the City through the current Final Completion date of February 19, 2025. Original / continued services include, but not limited to:
• Weekly Coordination Meetings
o Generate Agenda’s / Minutes and run the Weekly Coordination Meetings • Weekly site review meetings for pictures, updates with the Owner and Contractor, etc. (2 days / week) • Extensive review and processing of project correspondence and documentation o Future Submittals
o Future RFI’s
o Future COR’s
o Future Pay Applications
o Monthly Schedule Updates review
• Any future and final punch walk meetings
o Generate punch lists for the Owner and Contractor o Correspondence between City and Contractor to ensure that all punch items are complete • Closeout / Warranty Documentation
o High level review of any outstanding O&M Manuals and Warranties for compliance o Processing O&M Manuals & Warranties from Contractor o Review of internal as-builts in comparison of that which has been provided by the Contractor o Any potential Closeout Submittal meetings
• Pay Application and Closeout Change Order (to zero out bid items) o Review and processing the final payment
o Review and processing a final closeout change order to zero out bid items (if that is a route COA would like to take)
The proposed services provided will be a continuation of the existing agreement for Purchase Order P03688 – CM Services. There are no changes to the scope of services resulting in this change.
City of Murrieta 1 Anser Advisory
Construction Management Services for Tot Lot Phase 1 Parks 187
Fee Schedule
Anser Advisory
Construction Management Contract Budget Estimate
If the above fee proposal is acceptable to the City, please process a contract work order for execution so CM services may continue through the completion of the project.
Should you have any questions, please do not hesitate to contact me via the information provided below.
Sincerely,
Tyson Atwood, PE, QSD
Senior Vice President/Managing Director
300 Spectrum Center Drive, Suite 1400
Irvine, CA 92618
[email protected] | 805.459.7697
City of Murrieta 2 Anser Advisory
Construction Management Services for Tot Lot Phase 1 Parks WEEK ENDING: Nov-24 Dec-24 Jan-25 Feb-25 Hours Rate Total $ Adam 24 20 20 64 $185.00 $11,840.00
Rachael 10 6 6 22 $100.00 $2,200.00
Jackie 2 1 1 4 $120.00 $480.00
$14,520.00
Adam 10 4 4 18 $185.00 $3,330.00
Rachael 6 2 2 10 $100.00 $1,000.00
Jackie 2 2 4 $120.00 $480.00
$4,810.00
Adam 40 40 30 110 $185.00 $20,350.00
Rachael 20 20 10 50 $100.00 $5,000.00
Jackie 2 2 4 $120.00 $480.00
$25,830.00
Adam 20 20.0 $185.00 $3,700.00
Rachael 8 8.0 $100.00 $800.00
Jackie - $120.00 $0.00
$4,500.00
Total Amendment $: $49,660.00
Total $ / Park:
Oak Terrace Park
Northstar Park
Palomar Park
Monte Vista Park
Total $ / Park:
Total $ / Park:
Total $ / Park:
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CITY OF MURRIETA
City Council Meeting Agenda
Report
1/21/2025
Agenda Item No. 9.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Scott Agajanian, Economic Development Director
PREPARED BY: Martha Samaniego, Management Analyst
SUBJECT: ..title
Purchase of Electric Vehicle Charging Stations
RECOMMENDATION
Approve the purchase of two (2) electric vehicle (EV) charging stations from Beam Global for a total amount of $177,695.05;
Authorize exemption from bidding requirements;
Amend the Fiscal Year 2024/25 Operating and Capital Improvement Budgets; and Authorize the City Manager to execute all related purchase documents.
PRIOR ACTION/VOTE
On June 4, 2024, the City Council authorized the City Manager to accept an Equipment Rebate Voucher from the U.S. Department of Energy for the Energy Efficiency and Conservation Block Grant Program in the amount of $157,040 for electric vehicle (EV) charging stations for placement at various City locations (Vote: 5-0).
CITY COUNCIL GOAL
Aggressively pursue economic development.
BACKGROUND
The City of Murrieta (City) applied for the Energy Efficiency and Conservation Block Grant (EECBG) in August 2023 and was awarded the grant in April 2024. The grant funding may be utilized for financing, purchasing, and installing energy efficiency, renewable energy, and zero-emission transportation equipment and infrastructure.
The timeline for expending the grant funds is two years, and the City may request an extension if needed. Staff recommends using the grant funds toward the cost of the purchase and delivery of two (2) solar-powered electric vehicle (EV) charging stations to be placed at Town Square Park/City Hall and the Murrieta Innovation Center. This solar-powered EV charging infrastructure will support residents and visitors who already own electric vehicles and help encourage other residents and businesses to purchase and use zero-emission vehicles. EV infrastructure at public locations helps to eliminate “range anxiety” for EV users. The City is uniquely located at the intersection of the I-15 and I-215 freeways and has higher-than-average EV vehicles CITY OF MURRIETA Printed on 1/16/2025Page 1 of 3
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Agenda Item No. 9.
uniquely located at the intersection of the I-15 and I-215 freeways and has higher-than-average EV vehicles per capita.
One solar-powered EV charging station will be located at the soon-to-be-completed Town Square Park parking lot, and the other will be located at the Murrieta Innovation Center. Both will be accessible to the general public as part of the grant requirement.
A Request for Proposal (RFP) was not conducted, as the solar-powered charging stations are considered a sole source. The patented EV ARC™ charging system is the world’s first and only fully autonomous, transportable, solar-powered electric vehicle charging system. Designed, engineered, and manufactured in the United States, Beam Global, a San Diego-based business, is the only vendor capable of producing and providing the patented EV ARC™ solution. The EV ARC™ is a unique solution with no direct competitors.
Attachment 1 provides more information on the specifications of these chargers.
The Beam EV ARC chargers are solar-powered and freestanding, with no installation required. Once the City sets up the software, the charging stations can be deployed and available for immediate use. Once the stations are delivered, the City has the discretion to relocate them, though this could cost up to $1,500 or require the use of a specialized trailer. The price includes shipping and a one-year warranty. Additional warranties are available.
Adding EV charging infrastructure will help the City toward its greenhouse gas reduction goals, as stated in the table below:
FISCAL IMPACT
The cost of acquiring two (2) solar-powered electric vehicle (EV) charging stations is $177,695.05. This purchase will not impact the General Fund, as the project will be fully funded through the grants identified below.
· The City Council previously approved the establishment of the revenue and expenditure budgets for acceptance of the U.S. Department of Energy - Energy Efficiency and Conservation Block Grant funds, amounting to $157,040.
· Staff recommends amending the Fiscal Year 2024/25 Operating and Capital Improvement Budget to allocate South Coast Air Quality Management District (AQMD) grant funds, using $20,655.05 from the restricted fund balance.
As part of the annual User Fee Schedule update, the City will establish a fee for use of these chargers based on the cost of maintenance, merchant services, and equipment replacement.
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ATTACHMENTS
1. Quote for Beam EV ARC
2. Justification of Sole Source Form
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BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121
Your EV ARC™ is an American-made product and will be
fabricated in our San Diego, California facility.
EV ARC™ systems are capable of generating and storing enough clean, solar electricity to charge up to 265 e-miles in a single day.
Thanks to its battery storage, it can charge electric vehicles day or night, or even during periods of cloudiness, and is also an excellent source of emergency/alternative power. The electricity produced is clean and renewable, reducing 100% of greenhouse gas emissions from ICE vehicles and electric vehicles powered from the utility grid.
The EV ARC™ is deployed in minutes without any construction or electrical work and does not require civil or electrical engineering, foundations, trenching, electrical connections or upgrades. It will produce energy reliably and consistently but will not generate a utility bill or fail to operate because of a black out or other utility grid failure.
It’s no wonder that Google, the City of New York, the State of California and many others across the U.S. and internationally trust the EV ARC™ product line to charge their electric vehicles.
The patented EV ARC™ charging system is the world’s first and only fully autonomous, transportable, solar-powered electric vehicle charging system. Designed, engineered and manufactured in the U.S., the EV ARC™ measures 7.5' X 18' at the base and fits inside a standard parking space without reducing available parking while being ADA compliant.
EV ARC Product Description™
(858) 201-5530Phone
[email protected]
Jason KellerPrepared By
One Town Square, 24601 Jefferson Ave
Murrieta, CA 92562
Ship To
City of MurrietaShip To Name
One Town Square, 24601 Jefferson Ave
Murrieta, CA 92562
Bill To
City of MurrietaBill To Name
(951) 461- 6001 ext. 6219Phone
[email protected]
Management AnalystTitle
Andree KinneyContact Name
City of MurrietaCustomer Name
11/7/2024Created Date
00001759Quote Number
Beam EV ARC Proposal via CA DGS Contract #1-22-61-16™
Customer Details
Billing and Shipping
Your Clean Mobility Expert
192
BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121
EV ARC Diagram™
193
BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121
Applicable sales tax will be billed upon invoicing
Payment Terms: Net 30 days
ONE-PAY LEASE OPTION: This proposal includes an option to lease the quoted EV ARC™ Equipment, which includes the EV ARC™ Base Model, EV charger, and the add-ons of battery storage upgrades, Emergency Power Panel, AC/USB outlets, Grid Connect and RMMS connectivity, for a five-year term at a cost of 60% of the Total Equipment Price. Total Equipment Price excludes Shipping & Handling, Sales Tax, Beam Stow Kit, ARC Mobility™ Trailer, which will be invoiced at the amounts presented in this proposal. The lease option includes a 5-year warranty on the EV ARC™ Base Model and add-ons, and a 1-year warranty on the EV charger. The One-Pay Lease amount of 60% of the Total Equipment Price will be invoiced upon Equipment delivery on payment terms of net 30 days. Beam Global will retain title to the Equipment, and the Customer is responsible for insuring the Equipment during the term of the lease. The lease will expire five years from the date of Equipment 2/7/2025Expiration Date
$177,695.05Grand Total
$14,021.33Tax
$0.00Shipping and
Handling
$163,673.72Total PriceShipping & Handling is FOB Destination and includes Beam Team performing un-load / un-stow of equipment. Customer may need a 12K capacity forklift onsite upon delivery; to be determined when delivery date is scheduled.
EV ARC Pricing™
Product Product Code Product Description Quantity List Price Total Price Beam EV
ARC™ with
ChargePoint™
dual plug
charger
ARC2020-CP4023
EV ARC™ 2020, 4.3kW solar array, 22kWh expandable
storage, BeamTrak™, Chargepoint CT4023 dual-plug
networked charger, dual J1772 connectors. 12 months
ChargePoint Network Operating System (NOS) included.
CLIN #1101, includes 2% CA DGS Contract discount.
2.00 $70,300.30 $140,600.60
Beam Boost
battery
upgrade
BOOST40
Beam Boost upgrade for EV ARC™ 2020 systems increases
battery storage to 43 kWh.
CLIN #1201, includes 2% CA DGS Contract discount.
2.00 $9,821.56 $19,643.12
Remote
Monitoring
and
Management
System
(RMMS)
5-Year
Extension
RMMS-5
Five-year (5 year) prepaid plan for the Remote Monitoring and Management System (RMMS) provides login access to view
data and status of the EV ARC system. 4G LTE and WiFi
connections enable remote monitoring of solar energy
production, battery status, energy output, energy use session data. Remote performance assessment and troubleshooting can prevent service calls. Service is included for the 1st twelve (12) months with purchase of an EV ARC™ system; 5-year
prepaid plan discounts the annual cost.
CLIN #1301, includes 2% CA DGS Contract discount.
2.00 $1,715.00 $3,430.00
Manufacturer
Warranty - 1
Year
WARRANTY-MFGR-01 Manufacturer Warranty - First year included 2.00 $0.00 $0.00 Totals
194
BeamForAll.com
[email protected]
+1 858-799-4583
Beam Global
5660 Eastgate Drive
San Diego, CA 92121
https://caleprocure.ca.gov/PSRelay/ZZ_PO.ZZ_CTR_SUP_CMP.GBL?Page=ZZ_CTR_SUP_PG&Action=U&SETID=STATE&CNTRCT_ID=1-22-61-16 delivery. At that time, the Customer will have the option to either renew the lease for another 5 years at 60% of the Total Equipment Price; or purchase the Equipment at 65% of the Total Equipment Price; or have Beam Global pick up and remove the Equipment for a recycling fee of 10% of the Total Equipment Price. The One-Pay Lease program is offered through March 31, 2025. Customer agrees and acknowledges that the terms set forth above are only a summary of the terms and conditions of the lease agreement, and any lease of EV ARC™ Equipment will not be effective until Customer and Beam Global have entered into a definitive lease agreement for the quoted EV ARC™ Equipment. To get started with the One-Pay Lease, contact your Clean Mobility Expert on this proposal.
California DGS Contract Link
195
City of Murrieta
JUSTIFICATION OF SOLE SOURCE/
SOLE BRAND REQUEST
SOLE SOURCE: Item is manufactured and/or only distributed by one vendor.
SOLE BRAND: Bids will be solicited for the requested brand only.
VENDOR/BRAND NAME: Beam Global
BRIEF DESCRIPTION OF PURCHASE: Beam Global offers 100% clean, renewable energy, is emissions- free, and operates off the grid charging stations .
Please answer all questions in detail in order to prevent delays in evaluation.
1. Why is the acquisition restricted to this good/service/supplier? (Explain why the acquisition cannot be competitively bid.)
Beam Global (Nasdaq: BEEM), a San Diego-based business, is the only vendor capable of producing and providing the patented EV ARC™ solution. The EV ARC™ is a unique solution with no direct competitors.
The EV ARC will have two Chargepint EV station heads attached to two ARC platforms, allowing the City to continue to obtain revenue from the EV stations without any electrical expenses associated with the EV ARC. Beam Global is the only manufacturer in the industry. Yay produces a patented 100% clean, renewable energy, is emissions-free, and operates off-the-grid charging stations.
2. What are the consequences of not purchasing the good/service or contracting with the proposed supplier? There's no other opportunity to implement a 100% clean, renewable energy system that is emissions- free and operates off-the-grid charging stations. The City can decide to implement an EV charging station on the grid, but this requires funding for an infrastructure that takes 18- 24 months and requires purchasing individual EV stations. In this case, no EV construction for an infrastructure is needed, and the City will also save on the SCE Electric bill.
3. What market research was conducted to substantiate no competition, including evaluation of other items considered? (Provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for not considering them must be included or an explanation of why the survey or effort to identify other goods/services was not performed.)
Beam Global is the only vendor capable of producing and providing the patented EV ARC™ solution, which is 100% clean, renewable energy, emissions-free, and operates off-the-grid charging stations.
Additional local distributors of 100% clean, renewable energy, emissions-free, and operated off-the-grid charging stations have not been identified after thorough research.
4. How was the price offered determined to be fair and reasonable? (Explain what the basis was for comparison and include cost analyses as applicable.)
Beam Global pricing has been determined to be fair and comparable when equated to other EV infrastructures and cost of SCE monthly billing.
5. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier.
The City will reduce the cost of SCe electrical bills for our EV stations, roughly 30k in annual SCE bills.
Also, the City will not be required to build infrastructure for these off-grid EV stations.
I am aware of the City of Murrieta requirements for competitive bidding established in the municipal code Chapter 3.08 Purchasing System. As an authorized department representative, I have gathered the required technical information and have made a concentrated effort to review comparable/equal equipment.
Docusign Envelope ID: BFD8713F-9A0C-4D7B-BAC4-9925E653AFA1 196
Requestor: __________________________ ______________ _________________ Print & Sign Department Date
Department Head: _________________________________ _________________ Print & Sign Date
PURCHASING: _________________________________ _________________ Print & Sign Date
Docusign Envelope ID: BFD8713F-9A0C-4D7B-BAC4-9925E653AFA1 December 19, 2024Economic Development
December 19, 2024
December 19, 2024
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CITY OF MURRIETA
City Council Meeting Agenda
Report
1/21/2025
Agenda Item No. 10.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Javier Carcamo, Finance Director
PREPARED BY: Cynthia Rockwell, Purchasing & Contracts Coordinator SUBJECT:
Approval of an Agreement with Hinderliter, de Llamas and Associates (HdL) for Sales Tax Recovery Services
RECOMMENDATION
Approve a two-year Agreement with Hinderliter, de Llamas (HdL) for Sales Tax Recovery Services, retroactively approving the date of the Agreement to January 1, 2025; Authorize the exemption from bidding requirements; and
Authorize the City Manager to execute the Agreement.
PRIOR ACTION/VOTE
On December 4, 2018, the City Council adopted Resolution No. 18-4012, authorizing a three-year Agreement with Hinderliter, de Llamas for sales tax recovery services from January 1, 2019, through December 31, 2022, with two (2) additional one (1) year terms (Vote: 3-0-2).
On January 15, 2019, the City Council adopted Resolution No. 19-4026 authorizing a First Amendment to the Agreement with Hinderliter de Llamas to increase the scope of services necessitated by expanding tax recovery services to include Measure T (Vote: 4-0-1).
On November 19, 2002, the City Council adopted Resolution No. 02-1107, authorizing examination of the City’ssales and use tax records by Hinderliter, de Llamas, and Associates to perform sales tax recovery services on behalf of the City (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
HdL has provided sales tax recovery services to the City of Murrieta (City) since the first agreement wasCITY OF MURRIETA Printed on 1/16/2025Page 1 of 2 powered by Legistar™
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Agenda Item No. 10.
HdL has provided sales tax recovery services to the City of Murrieta (City) since the first agreement was awarded on October 15, 2002. The services provided include economic analysis of the City’ssales tax trends, sales tax revenue forecasting, and ongoing sales tax audit recovery services. These audit services identify allocation errors and report formula changes, generating previously unrealized tax income for the City.
HdL also provides the City business license software and economic development consulting services under separate agreements.
The City’smost recent contract with HdL expired on December 31, 2024. Due to the expiration, staff seeks to enter into a new Agreement with HdL for two (2) years, with a term of January 1, 2025, through December 31, 2026. Staff was unable to bring this report and agreement extension to the City Council sooner, so the recommendation includes a request to approve the agreement retroactively to January 1, 2025.
This term of the contract will allow staff the appropriate time to conduct a formal request for proposals and select a vendor through equitable and transparent practices in accordance with the City’s Procurement Policy.
Section 3.08.280 of the Municipal Code outlines competitive bidding procedures, and requirements may be dispensed when the City Council finds that adherence to the procedures in this chapter would be inefficient, impractical, and unnecessary.
FISCAL IMPACT
Annual costs for the sales tax audit and recovery services are charged based on a monthly fee and a percentage of all new sales and/or use tax revenue received by the City as a result of audit or recovery work performed by the consultant, which is billed quarterly. The estimated cost per year of the Agreement is $25,000, bringing the not-to-exceed amount of the contract to $50,000.
The sales tax audit recovery service is expected to generate approximately $97,466 in additional sales tax revenue.
This annual expenditure is funded from the Contract Services General Ledger Account (1102600-60480) and has been budgeted accordingly in the Fiscal Year 2024/25 Operating Budget. The budget for the remaining term of the Agreement (July 2025-December 2026) will be included in the upcoming biennial budget.
ATTACHMENTS
1. Proposed Agreement with Hinderliter, de Llamas and Associates CITY OF MURRIETA Printed on 1/16/2025Page 2 of 2
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AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”):Sales and Use Tax and Transactions Tax Services Contract Number:
Consultant Name (“Consultant”):Hinderliter, de Llamas and Associates Consultant Business Type:Corporation
Consultant Address:120 S State Blvd., Brea, CA. 92821
Consultant Representative Name and Title (“ Consultant Representative”):Maria Soto-Sanchez, Contract Manager
Consultant Representative Work Phone and Email:714.879.5000 ext. 1029 Termination Date:December 31, 2026
Total Not-To-Exceed Contract Amount (“Contract Sum”):$50,000.00 City Department Contact (“Department Contact”):Finance Department Department Contact Work Phone and Email:951.461.6090 [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 Consultant to provide professional services as more further set forth herein.
The City has utilized the services of HdL since 2018.
The Agreement expired on December 31, 2024.
Staff would like to continue with HdL’s services for two more years. During that time, an RFP will be circulated.
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AGREEMENT FOR PROFESSIONAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
THIS AGREEMENT FOR SERVICES (“Agreement”) is made and entered into as of the effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“ Consultant”). City and Consultant may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Consultant shall follow the highest professional standards and practices in performing the services required hereunder.
1.2 Consultant’s Proposal. The Scope of Services shall include the scope of services or work included in Consultant’s proposal or bid , which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal or bid, and this Agreement, the terms of this Agreement shall govern. No other terms and conditions from Consultant’s proposal or bid, other than description of scope of services or work, shall apply to this Agreement, unless specifically agreed to by City in writing.
1.3 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of City and any federal, State or local governmental agency having jurisdiction in effect at the time services are rendered. City, and its officers, employees and agents, shall not be liable at law or in equity for failure of Consultant to comply with this Section.
1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
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1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.
1.6 Software and Computer Services. If the Scope of Services includes the provision and/or installation of any software, computer system, or other computer technology, Consultant represents and warrants that it is familiar with and/or has inspected City’s current infrastructure, equipment, computer system and software and that the software, computer system, or other computer technology provided and/or installed by Consultant under this Agreement is compatible, and shall be fully functional, with such infrastruc ture, equipment, computer system and software of City. Consultant acknowledges that City is relying on this representation by Consultant as a material consideration in entering into this Agreement.
1.7 Prevailing Wages. If services include any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.
1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the rates specified in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference . The total compensation for all work, including reimbursement for actual expenses, shall not exceed the Contract Sum set forth above . Compensation may include reimbursement, for actual and necessary expenditures , if both are specified in the Schedule of Compensation, as well as approved by City in advance.
2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Consultant wishes to receive payment, no later than the first business day of such month, Consultant shall submit to City, in a form approved by City’s Finance Director, an invoice for services rendered prior to the date of the invoice. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this 203
Agreement. Except as provided in Section s 7.3, 7.4 and 7.5, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation ; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
ARTICLE 3. PERFORMANCE SCHEDULE
3.0 Time of Essence. Time is of the essence in the performance of this Agreement.
3.1 Term. The Agreement shall commence and become effective on January 1, 2025, and will continue until the Termination Date. This Agreement may be extended for up to two, additional one-year periods upon the mutual agreement in writing of both parties.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of any ongoing services, which shall be no later than the Termination Date set forth above.
Notwithstanding the foregoing, the Indemnification and Insurance provisions set forth in Article 5 shall survive the termination of this Agreement.
3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed from City and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify City in writing of the causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final 204
and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of this Agreement pursuant to this Section.
ARTICLE 4. COORDINATION OF WORK
4.1 Representative of Consultant. The Consultant Representative is authorized to act on Consultant’s behalf with respect to the work or services specified herein and to make all decisions in connection therewith. It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement. Therefore, the representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City.
4.2 Department Contact for City . The Department Contact (or other person designated by the City Manager) shall be the primary person on behalf of City responsible for the administration of the Agreement. It shall be Consultant’s responsibility to assure that the Department Contact is kept informed of both the progress of the performance of the services as well as any decisions which must be made by City.
4.3 Approvals from City. City approvals or actions, pursuant to the authority of this Agreement, are to be made (unless otherwise specified) either by the Contract Manager, City Manager or by their delegate as provided for in writing.
4.4 Independent Co ntractor. Neither City , nor any of its officers, employees or agents, shall have any control over the manner or means by which Consultant , or its officers, employees, agents or subcontractors , perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it, or any of its officers, employees, agents or subcontractors, are officers, employees or agents of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. Consultant represents and warrants that the personnel used to provide services to City pursuant to this Agreement shall at all times be under Consultant’s exclusive control and direction.
No City employee benefits shall be available to Consultant, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement.
City shall not be liable for compensation or indemnification to Consultant , its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder. In the event that Consultant or any officer, 205
employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System, to be classified as other than an independent contractor for City, then Consultant shall indemnify, defend, and hold harmless City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to City as a consequence of, or in any way attributable to, the assertion that Consultant , or any officer, employee, agent, or subcontractor Consultant used to provide services under this Agreement, is/are employees of City.
4.5 Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Therefore, without express written approval of City, Consultant shall not contract with any other City to perform in whole or in part services required hereunder without express written approval of City , and n either this Agreement nor any interest herein may be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consultant, of any liability hereunder without express written consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages. Prior to commencement of any services under this Agreement, and without limiting Consultant’s indemnification obligation to City, Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, for the duration of the Agreement, primary policies of insurance of the type and amounts set forth in the “Insurance Requirements” attached hereto as Exhibit E and incorporated herein by this reference.
5.2 Indemnification.
(a) General Obligations. Consultant agrees, to the full extent permitted by law, to indemnify, defend and hold harmless City and its elected and appointed officers, employees and agents (each an “ Indemnitee” and collectively, “ Indemnitees”) against, and will hold and save them and each of them harmless from, whether actual or threatened, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “ Claims or Liabilities ”) that may be asserted or claimed by any person, firm or City arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or City for which Consultant is legally liable (each an “Indemnitor” and collectively, “ Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith: 1) Consultant will defen d 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 206
legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and, 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.
(b) Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heirs of Consultant and shall survive termination of this Agreement. Consultant shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Consultant fails to do so Consultant shall be fully responsible to indemnify City hereunder therefor. Failure of City and/or City Parties (collectively “City” for solely this Section 5. 2(b)) to monitor compliance with any of the indemnification provisions herein shall not be a waiver hereof. The indemnification provisions herein do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful misconduct, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professi onal. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoi ces by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be o bligated to pay for City’s defense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation. (c) Pursuant to the full language of California Civil Code §2782, Design Professionals agrees to indemnify, including the cost to defend, City and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its empl oyees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City; and does not apply to any passive negligence of the City unless caused at least in part by the Design Professional. The City agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5.3 Professional Liability. When the law establishes a professional standard of care for Consultant’s services, to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless Indemnitees against, and will hold and save them and each of them harmless from , whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section
5.3, to the extent same are caused in whole or in part by any negligent or wrongful 207
act, error or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services under this Agreement.
ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION
6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (“books and records ”) as shall be necessary to perform the services required by this Agreement and enable City to evaluate the performance of such services. Any and all such books and records shall be maintained in accordance with generally accepted accounting principles, shall be complete and detailed, and shall be readily accessible . City shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts. Such books and records shall be maintained for a period of three (3) years following completion of the services hereunder. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing access to any and all Consultant records and documents if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Consultant, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Consultant may retain copies of such documents and materials for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Consultant documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.
6.3 Confidentiality and Release of Information. All information gained or work product produced by Consultant in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Consultant, its officers, employees, 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 208
information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Consultant shall immediately notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding; and, c) Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant , however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Riverside, State of California.
7.2 Suspension, or Termination, Prior to Expiration of Term. This Section shall govern any termination of this Agreement except as specifically provided in Section
7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined b y City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination , or su spension, 209
without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.
7.3 Default of Consultant and Opportunity to Cure . In the event that Consultant is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Consultant is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Consultant as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Consultant’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.
7.4 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.3, take over the work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such dama ges), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.
7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City m ay be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed b y Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
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7.6 Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non -compliance with any requirement of this Agreement imposes n o additional obligations on City nor does it waive any rights hereunder. Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
7.7 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.8 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether lega l or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 211
litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performan ce of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, r eligion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices. Any notice or other communication either Party desires or is required to give to the other Party or any other person in regards to this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the Uni ted States Mail, certified mail, postage prepaid, return receipt requested, in the case of 212
City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Consultant, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement , headings used, or any other rule of construction which might otherwise apply.
9.3 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Consultant and by City.
9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 No Undue Influence. Consultant declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the 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, 213
(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
9.8 Federal Funding. If federal funding is being utilized to fund any part of the Project, as indicated on the Cover Page of this Agreement, the terms of Exhibit F are hereby incorporated herein by this reference. If no federal funding is being utilized, Exhibit F may be omitted.
[SIGNATURES ON FOLLOWING PAGE]
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01375.0007/1043017.2 -15-
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:
ATTEST: Effective Date:
Cristal McDonald, City Clerk
Date:
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Tiffany Israel, City Attorney
Date:
CONSULTANT:
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chair person of the Board,
President or any Vice President; and 2) Secretary, any
Assistant Secretary, Chief Financial Officer or any
Assistant Treasurer. (Cal. Corp. Code § 313.) Appropriate attestations shall be included as may be required by the bylaws, articles of incorporation or other rules or
regulations applicable to Consultant’s business City.
By:
Name:
Title:
Date:
By:
Name: enter text.
Title:
Date:
215
01375.0007/1043017.2
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following Services:
See EXHIBIT A-1
II. In addition to any other requirements of this Agreement, during performance of the Services, Consultant 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 Consultant without additional charge to the City until found satisfactory and accepted by City.
IV. Consultant will utilize the following personnel to accomplish the Services:
Not designated
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1248933.1 Page 1 of 5
EXHIBIT A-1
SERVICES – Sales and Use Tax
1. Sales and Use Tax and Economic Analysis/Forecasting Services/Reports
1.1. Establish a special database identifying the name, addre ss, and quarterly allocations of all sales tax producers within the City. This database will be utilized to generate special reports to City on major sales tax produc ers by rank and category, sales tax activity by categories, or business districts, identification of reporting aberrations, and per capita and outlet comparisons with regional and statewide sales.
1.2. Provide periodic updated reports to City identifying changes in sales by individual businesses, business groups and categories, and by geographic area. These reports may include, without limitation, quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, and quarterly reconciliation worksheets to assist with budget forecasting.
Consultant shall meet quarterly by in person or virtually with City.
1.3. Shall additionally provide following each calendar quarter a summary analysis for City to share with Council Members, Chamber of Commerce, other economic development interest groups and the public that analyze City’s sales tax trends by major groups and geographic areas without disclosing confidential individual tax records.
1.4. Establish a special database with California Department of Tax and Fee Administration (“CDTFA”) registration data for businesses within applicable district boundaries holding seller’s permit accounts.
1.5. Periodically license for the limited, non-exclusive, non-transferable use by City’s staff certain of Consultant’s web-based sales, use and/or transactions tax program(s) containing sellers permit, registration, allocation and related information for business outlets within City’s jurisdiction registered with the CDTFA.
1.6. Provide periodic updated reports endeavoring to identify and assist with budget forecasting (i) changes in allocation totals by individual businesses, business groups and categories, and (ii) aberrations due to State audits, fund transfers, and receivables, along with late or double payments.
2. Allocation and Audit Recovery Services
2.1. Conduct (when mutually agreed with City) initial and on -going sales and use tax audits of businesses to help identify and correct distribution and allocation errors, and to proactively affect favorable registration, reporting or formula changes thereby generating previously unrealized sales and use tax income for the City and/or recovering misallocated tax from registered taxpayers.
Common errors that will be monitored and corrected include but are not limited to: transposition errors resulting in misallocations; erroneous consolidation of multiple outlets; formula errors ; misreporting of “point of sale” to the w rong location; delays in reporting new outlets; misallocating use tax payments to the allocation pools or wrong jurisdiction; and erroneous fund transfers and adjustments.
2.2. Initiate contacts with the CDTFA and sales management and accounting officials in companies that have businesses where a probability of error exists to endeavor to help verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a professional and courteous manner.
2.3. Prepare and submit to the CDTFA information for the purpose of correcting any identified allocation errors, and follow-up with individual businesses and the CDTFA to promote recovery by the City of back or prospective quarterly payments that may be owing. 217
1248933.1 Page 2 of 5
2.4. If, during the course of its audit, Consultant finds businesses located in the City’s jurisdiction that are properly reporting sales and use tax but have the potential for modifying their operation to provide an even greater share to City, Consultant may so advise City and collaborate with those businesses and City to encourage such changes.
SERVICES – Transactions Tax Services
3. Transactions Tax and Economic Analysis/Forecasting Services/Reports
3.1 Consultant shall establish a database containing all applicable Department of Tax and Fee Administration (CDTFA) registration data for each business within the Measure “T” District boundaries holding a seller’s permit account. Said database shall also identify the quarterly transactions and use tax allocations under each account for the most current and previous quarters where available.
3.2 Consultant shall provide updated reports each quarter identifying changes in allocation totals by individual businesses, business groups and by categories. Quarterly aberrations due to State audits, fund transfers, and receivables, along with late or double payments, will also be identified.
Quarterly reconciliation worksheets to assist finance officer with budget forecasting will be included.
3.3. Consultant shall advise and work with CITY Staff on planning and economic questions related to maximizing revenues, preparation of revenue projections and general information on transactions and use tax questions.
3.4. Consultant shall make available to CITY the HdL proprietary software program and Measure “T” database containing all applicable registration and quarterly allocation information for CITY business outlets registered with the Department of Tax and Fee Administration. The database will be updated quarterly.
4. Deficiency/Allocation Reviews and Recovery
4.1. Consultant shall conduct on-going reviews to identify and correct unreported transactions and tax payments and distribution errors thereby generating previously unrealized revenue for the City.
Reviews shall include:
4.1.(a) Comparison of county-wide local tax allocations to transactions tax for brick and mortar stores and other cash register -based businesses, where clearly all transactions are conducted on -site within the Measure “T” City boundaries, and therefore subject to transactions tax.
4.1.(b) Review of any significant one-time use tax allocations to ensure that there is corresponding transaction tax payments for taxpayers with nexus within the City boundaries.
4.1.(c) Review of state -wide transactions tax allocations and patterns to identify any obvious errors and omissions.
4.1.(d) Identification and follow -up with any potentially large purchasers of supplies and equipment (e.g. hospitals, universities, manufacturing plants, agricultural operations, refineries) to ensure that their major vendors are properly reporting corresp onding transactions tax payments to the Measure “T” Transactions Tax District.
4.2. Consultant will initiate, where the probability of an error exists, contacts with the appropriate taxpayer management and accounting officials to verify whether current tax receipts accurately reflect the local sales activity. Such contacts will be conducted in a p rofessional and courteous manner so as to enhance CITY’s relations with the business community.
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4.3. Consultant shall prepare and submit to the Department of Tax and Fee Administration all information necessary to correct any allocation errors and deficiencies that are identified and shall follow-up with the individual businesses and the California Depar tment of Tax and Fee Administration to ensure that all back quarter payments due the CITY are recovered.
5. Consulting and Other Optional Services
Consultant may f rom time to time in its sole discretion, consult with City’s staff, including without limitation, regarding (i) technical questions and other issues related to sales, use and transactions tax , (ii) utilization of reports to enhance business license collection efforts, (iii) sales tax projections for proposed annexations, economic development projects and budget planning, (iv) negotiating/review of tax sharing agreements, (v) establishing purchasing corporations, (vi) meeting with taxpayers t o encourage self-assessment of tax obligations, and (vii) other sales, use or transaction s tax revenue- related matters.
FEES – Sales and Use Tax Services
6. Sales and Use Tax and Economic Analysis/Forecasting Services/Reports
6.1. Fees for performing the sales tax and economic analysis/forecasting Services as described above shall initially be $585 per month, commencing with the month of the Effective Date (hereafter referred to as “monthly fee”). The monthly fee shall be invoiced quarterly in arrears, and shall be paid by City no later than 30 days after the invoice date.
6.2. Consultant will increase the non-hourly Fees established above once a year with reference to the 12-month percent change in the most recently published annual Consumer Price Index for All Urban Consumers (CPI-U), as reported by the U.S. Bureau of Labor Statistics (the “CPI Change”).
7. Allocation and Audit Recovery Services
7.1. Fees for performing the allocation and audit recovery Services described above shall be 15% of all new, increased and recovered sales and use tax revenue received by the City as a result, in whole or in part, of the allocation audit and recovery services (hereafter referred to as “audit fee”).
The fee shall be paid notwithstanding any related City assistance, work in parallel, and/or incurrence of attorneys’ fees or other costs or expenses in connection, with the relevant Services.
7.2. The Fee described above include, without limitation, State fund transfers received for back quarter reallocations and monies received in the second eight (8) consecutive reporting quarters following completion of Consultant’s allocation audit and confirmation of the corrections by the CDTFA.
7.3. These Fees shall be paid by City upon Consultant’s submittal of evidence of Consultant’s relevant Services in support thereof, including, without limitation, copies of relevant communications between Consultant and the CDTFA and/or taxpayers.
FEES – Transactions Tax Services
8. Transactions Tax and Economic Analysis/Forecasting Services/Reports
8.1. Fees shall be paid $200 monthly billed quarterly for the transaction district tax reports that we include with the quarterly sales tax analyses. The monthly fee shall be invoiced quarterly in arrears and shall be paid by City no later than 30 days after the invoice date.
9. Allocation and Audit Recovery Services
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9.1. Fees shall be paid 25% of the initial amount of new transactions or use tax revenue received by the City because of audit and recovery work performed by Consultant, (hereafter referred to as "audit fees"). New revenue shall not include any amounts determined and verified by City or Consultant to be increment attributable to causes other than Consultant’s work pursuant to this agreement. In the event, Consultant is responsible for an increase in the tax reported by businesses already properly making tax payments to the City, it shall be Consultant’s responsibility to separate and support the incremental amount attributable to its efforts prior to the application of the audit fee. Said audit fees will apply to state fund transfers received for those specific quarters identified as being missing and/or deficient following completion of the audit by Consultant and confirmation of corrections by the California Department of Tax and Fee Administration but shall not apply prospectively to any future quarter. Con sultant shall provide City with an itemized quarterly invoice showing all formula calculations and amounts due for audit fees.
ADDITIONAL TERMS – Sales, Use and Transactions Tax Services
10. Consulting and Other Optional Services
10.1. Fees for performing the consulting and other optional Services described above shall be based on the following initial hourly rates: (i) Principal - $325; (ii) Programmer - $295; (iii) Senior Analyst - $245; and (iv) Analyst - $195.
10.2. Consultant may change the rates for its hourly Fees from time to time. A 30 days’ prior written notice to City will be given.
11. General Provisions Relating to Fees
11.1. Fees for travel and lodging expenses will be invoiced at cost and appl ied to all meetings (including implementation, training, operations and support). Travel expenses only apply to out of scope travel and must therefore be pre-approved by City.
11.2. Fees will be invoiced monthly to City for Services performed during the prior month. To the extent that Consultant has commercially reasonable means to do so, Fees will be netted out of City’s monthly revenue disbursement.
12. Confidentiality Information
Section 7056 of the State of California Revenue and Taxation Code (“R&T Code”) specifically limits the disclosure of confidential taxpayer information contained in the records of the C DTFA. Section 7056 specifies the conditions under which a city, county or district may authorize persons other than such city, county or district’s officers and employees to examine state sales and use tax records.
The following conditions specified in Section 7056 -(b)(1) of the State of California R&T Code are hereby made part of this Agreement:
12.1. Consultant is authorized by this Agreement to examine sales , use or transactions and use tax records of the CDTFA provided to City pursuant to contract under the Bradley-Burns Uniform Local Sales and Use Tax Law R&T Code Section 7200 et.seq.
12.2. Consultant is required to disclose information contained in, or derived from, those sales or transactions and use tax records only to an officer or employee of City who is authorized by City resolution provided to the CDTFA to examine the information.
12.3. Consultant is prohibited from performing consulting services for a retailer (as defined in R&T Code Section 6015), during the term of this agreement.
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12.4. Consultant is prohibited from retaining the information contained in or derived from those sales, use or transactions and use tax records after this agreement has expired. Information obtained by examination of the CDTFA records shall be used only for purposes related to collection of local sales and use tax or for other governmental functions of the City as set forth by resolution adopted pursuant to Section 7056 (b) of the Revenue and Taxation Code. The resolution shall designate the Consultant as a person authorized to examine sales and use tax records and certify that this agreement meets the requirements set forth above and in Section 7056 (b), (1) of the Revenue and Taxation Code.
13. Software Use and Proprietary Information
Software Use. Consultant hereby provides authorization to C ity to access Consultant’s Sales Tax website if City chooses to subscribe to the software and reports option. The website shall only be used by authorized C ity staff. No access will be granted to any third party without explicit written authorization by Consultant. C ity shall not sublet, duplicate, modify, decompile, reverse engineer, disassemble, or attempt to derive the source code of said software. The software use granted hereunder shall not imply ownership by City of said software, or any right of City to sell said software or the use of same, or any right to use said software for the benefit of others. This software use authorization is not transferable. Upon termination or expiration of this Agreement, the software use authorization shall expire, and all City staff website logins shall be de-activated.
Proprietary Information. As used herein, the term “proprietary information” means all information or material that has or could have commercial value or other utility in Consultant’s business, including without limitation: C onsultant’s (i) computer or data processing programs; (ii) data processing applications, routines, subroutines, techniques or systems; desktop or web-based software; (iii) business processes; (iv) marketing plans, analysis and strategies; and (v) materials and techniques used; as well as the terms and conditions of this Agreement. Except as otherwise required by law, City shall hold in confidence and shall not use (except as expressly authorized by this Agreement) or disclose to any other party any proprietary information provided, learned of or obtained by City in connection with this Agreement. The obligations imposed by this Section shall survive any expiration or termination of this Agreement or otherwise. The terms of this Section shall not apply to any information that is public information.
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01375.0007/1043017.2 145610
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 Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
II. The total compensation for all Services shall not exceed the Contract Sum as provided in the Cover Page of this Agreement.
III. Consultant’s billing rates for any hourly Services, if not provided in Exhibit A, are attached as Exhibit C -1. In connection with the services provided pursuant to the terms of this Agreement, City will pay Consultant upon City’s receipt of a written invoice provided by Consultant no more than monthly. City will pay Consultant for work completed, billed in increments of six minutes (0.1 hours), not to exceed the Contract Sum. The City will reim burse the Consultant for reasonable out -of-pocket expenses related to performing services on behalf of the Client that are approved i n advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. To receive reimbursements, the Consultant must provide the City with a receipt and a description of the expense incurred along with the invoice. No mark up on expenses may be added.
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EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Consultant shall perform Services as set forth in Exhibit A.
II. Consultant shall deliver the following tangible work products to the City by the following dates.
Click or tap here to enter text.
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
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
5. Cyber: Vendor/Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be 225
01375.0007/1043017.2
limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
6. Technology Professional Liability Errors & Omissions (Only if vendor is providing a technology service (data storage, website designers, etc.,) or product (software providers)
Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall inc lude, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property , including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic informatio n. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary and non -contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance 226
01375.0007/1043017.2
and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the C onsultant’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses 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 [fill in the amount for your comfort level for the specific Con sultant and job – it could be much higher, or in the case of a very small Consultant, you might want it lower] unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts other wise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self -insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City. 227
01375.0007/1043017.2
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the requi red documents prior to the work beginning shall not waive the Con sultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained , and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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EXHIBIT F
FEDERAL REQUIREMENTS
(Only applicable if required on cover page of agreement) 229
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON-OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR
CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE
DAMAGE TO RENTED
$PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO-
JECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
5/28/2024
Woodruff Sawyer
2 Park Plaza, Suite 500
Irvine CA 92614
WS Certificates
844-972-6326
[email protected]
Berkley National Insurance Company
38911
HDLCOMP-01
Hudson Excess Insurance Company
14484
Hinderliter de Llamas & Associates
HdL Software, LLC.
120 S. State College Blvd, Suite 200
Brea, CA 92821
389390107
A
X
1,000,000
X
1,000,000
15,000
1,000,000
2,000,000
X
Y
Y
TCP702275411
5/26/2024
5/26/2025
2,000,000
A
1,000,000
X
TCP702275411
5/26/2024
5/26/2025
A
X
X
5,000,000
TCP702275411
5/26/2024
5/26/2025
5,000,000
X
None
B
E&O/ Cyber Liability
EET1416702
5/26/2024
5/26/2025
Per Claim/Aggregate
$2,000,000
Retroactive Date for Professional Liability- 2/15/2013.
Line Of Coverage: Crime
Policy # 82556901
Effective Date 5/26/2024 - 5/26/2025
Carrier: Federal Insurance Company NAIC # 20281
Crime Limit: $1,000,000
See Attached...
City of Murrieta, and its respective elected and appointed officers, officials, employees, and volunteers
One Town Square, 24601 Jefferson Avenue
Murrieta CA 92562
230
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE:
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE Page of
AGENCY CUSTOMER ID:
LOC #:
AGENCY
CARRIER NAIC CODE
POLICY NUMBER
NAMED INSURED
EFFECTIVE DATE:
HDLCOMP-01
1 1
Woodruff Sawyer
Hinderliter de Llamas & Associates
HdL Software, LLC.
120 S. State College Blvd, Suite 200
Brea, CA 92821
25 CERTIFICATE OF LIABILITY INSURANCE
City of Murrieta, and its respective elected and appointed officers, officials, employees, and volunteers are included as Additional Insured as respects General Liability on a Primary and Non-contributory basis with a waiver of subrogation to the extent provided in the attached forms. Notice of Cancellation applies with respects General Liability to the extent provided in the attached form. 231
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 02 24 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 o o
EARLIER NOTICE OF CANCELLATION
PROVIDED BY US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Number of Days' Notice
(If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.)
For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above.
30 TCP702275411
City of Murrieta, and its respective elected and appointed officers, officials, employees, and volunteers One Town Square, 24601 Jefferson Avenue
Murrieta
92562
CA
232
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 20 26 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 20 26
12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 ADDITIONAL INSURED – DESIGNATED
PERSON OR ORGANIZATION
This end
orsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. S
ection II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:
1. In the performance of your ongoing operation s;
or
2. In connection with your premises owned by o r
rented to you.
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured i s
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable limits o f
insurance;
whichever is less.
This endorsement shall not increase the
applicable limits of insurance.
TCP702275411
City of Murrieta, and its respective elected and appointed officers, officials, employees, and volunteers One Town Square, 24601 Jefferson Avenue
Murrieta
CA
92562
233
Policy Number: TCP702275411
234
Policy Number: TCP702275411
235
Policy Number: TCP702275411
236
Policy Number: TCP702275411
237
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifie
s insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
ELECTRONIC DATA LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES
POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS
SCHEDULE
Name Of Person(s) Or Organization(s):
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is
added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us o f
Section IV – Conditions:
We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organiza tion(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.
TCP702275411
City of Murrieta, and its respective elected and appointed officers, officials, employees, and volunteers One Town Square, 24601 Jefferson Avenue
Murrieta
92562
CA
238
CITY OF MURRIETA
City Council Meeting Agenda
Report
1/21/2025
Agenda Item No. 11.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:
Appointment of City Commissions
RECOMMENDATION
Appoint Commission members as recommended by the Commission Appointments Ad-Hoc Subcommittee to the following City Commissions:
Library Advisory Commission (2 Regular Members)
Laverne Davis, Regular Member
Nicole Davis, Regular Member
Parks and Recreation Commission (2 Regular Members, 1 Alternate) Paul Parker, Regular Member
Whitney Moylan, Regular Member
Bryan Glassman, Alternate No. 1
Traffic Commission (2 Regular Members, 1 Alternate)
Cathy Bearse, Regular Member
James Chavez, Regular Member
Maria Robinson, Alternate No. 1; and
Interview and appoint as recommended by the Commission Appointments Ad-Hoc Subcommittee to the Planning Commission:
Planning Commission (2 Regular Members, 1 Alternate)
Tom Beamish, Regular Member
Keelan McCullough, Regular Member
John Rose, Alternate No. 1
PRIOR ACTION/VOTE
On January 15, 2019, the City Council adopted Resolution No. 19-4033, making appointments to City commissions (Vote: 3-1-1).
On February 2, 2021, the City Council adopted Resolution 21-4358, making appointments to City commissions CITY OF MURRIETA Printed on 1/22/2025Page 1 of 4
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Agenda Item No. 11.
(Vote 5-0).
On December 7, 2021, the City Council appointed a Regular Member and Alternate Member to the Planning Commission due to an unscheduled vacancy (Vote 5-0).
On January 17, 2023, the City Council made appointments to City commissions (Vote: 5-0).
On August 1, 2023, the City Council made appointments to the Transactions and Use Tax Citizens Oversight Committee (Vote: 5-0).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
The City of Murrieta (City) has five (5) Commissions/Committees dedicated to addressing various issues and improving the overall quality of life in the City. Appointments to the multiple Commissions are made concurrently with the General Municipal Elections; the term for a Commissioner or Alternate Member is four (4) years.
The City Clerk also conducted outreach, which included: holding an informational session, posting a notice of scheduled and unscheduled vacancies; and contacting individuals with an active application on file.
Applications considered have been provided to the City Council under separate cover and are available for viewing at the City Clerk Department.
City Council Policy No. 100-07, Appointment of Commissioners/Committee Members, guides the Commission appointment process, which includes interviewing applicants by a two-member City Council subcommittee and recommendations to the City Council.
The City Council Commission Appointments Ad-Hoc Subcommittee (Subcommittee) is comprised of Council Member DeForest and Council Member Holliday. The Subcommittee met on January 7, 2025, to conduct interviews with all interested applicants. After a comprehensive evaluation of each applicant’squalifications and their alignment with the responsibilities of the Commissions, the Subcommittee has put forth recommendations.
Library Advisory Commission
The purpose of the Library Advisory Commission is to provide community perspective and support to the Library staff on policies and major grant or capital project proposals, to make recommendations of the aforementioned to the City Council, as well as to promote the services and needs of the Murrieta Public Library to State legislators, County boards, the City Council, and the community (Murrieta Municipal Code (MMC) 2.39.10).
After interviewing applicants, the Subcommittee recommends the following appointments to the Library Advisory Commission:
Name Position Expiration
Laverne Davis Regular Member December 31, 2028
Nicole Davis Regular Member December 31, 2028CITY OF MURRIETA Printed on 1/22/2025Page 2 of 4 powered by Legistar™
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Agenda Item No. 11.Name Position Expiration
Laverne Davis Regular Member December 31, 2028
Nicole Davis Regular Member December 31, 2028
Parks and Recreation Commission
The purpose of the Parks and Recreation Commission is to act in an advisory capacity to the City Council and the Community Services Director in all matters pertaining to the Community Services District through the development and implementation of human services, comprehensive recreation programs, parks, and recreation facilities to meet the needs of all the residents within the City (MMC 2.40.015).
After interviewing applicants, the Subcommittee recommends the following appointments to the Parks and Recreation Commission:
Name Position Expiration
Paul Parker Regular Member December 31, 2028
Whitney Moylan Regular Member December 31, 2028
Bryan Glassman Alternate No. 1 December 31, 2026
Traffic Commission
The purpose of the Traffic Commission is to advise the City Council on traffic issues, existing and proposed City policies related to traffic calming and the traffic environment, and projects and budget priorities for traffic- related capital improvements (MMC 2.48.015).
After interviewing applicants, the Subcommittee recommends the following appointments to the Traffic Commission:
Name Position Expiration
Cathy Bearse Regular Member December 31, 2028
James Chavez Regular Member December 31, 2028
Maria Robinson Alternate No. 1 December 31, 2026
Planning Commission
The primary purpose of the Planning Commission is to focus on the physical environment within the City. The commission conducts public hearings and makes decisions and/or recommendations about development on behalf of the City Council. The Planning Commission makes recommendations to the City Council on General Plan amendments, specific plans and zone changes (MMC 2.44.015).
Participating in the Planning Commission requires applicants to know, appreciate, and comprehend public issues and concerns related to the City as expected of a person who has resided in the City for at least three years.
In accordance with City Council Policy 100-07, after interviewing applicants, the Subcommittee recommends the following for a final interview and appointment:
Name Position Expiration
Thomas Beamish Regular Member December 31, 2028
Keelan McCullough Regular Member December 31, 2028
John Rose Alternate No. 1 December 31, 2026
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Agenda Item No. 11.
Name Position Expiration
Thomas Beamish Regular Member December 31, 2028
Keelan McCullough Regular Member December 31, 2028
John Rose Alternate No. 1 December 31, 2026
FISCAL IMPACT
None.
ATTACHMENTS
None.
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Appointment of City Commissions
Item No. 11
Cristal McDonald, City Clerk