Agenda packet — Murrieta City Council, November 18, 2025 (part 2 of 3)

CITY OF MURRIETA

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

FUND SUMMARY
Dividends Earned YTD 3,802,320.96
Federal Withholding YTD .00
7-Day Simple Yield 4.07625 %
Federal Withholding .00
Beginning Balance 120,084,262.41
Shares Purchased 5,890,190.15 +
Shares Redeemed 9,951,298.41 -
Ending Balance 116,023,154.15
Prior Month Dividends Paid to Checking 422,908.78
Dividends Earned in Current Month 398,851.11
Funds Pending Redemption 2,043,320.71-
295

STAGECOACH SWEEP
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 09-04 119,150,982.88 4.232 % .000115963 13,817.11
09-05 119,138,070.95 4.246 % .000116348 13,861.48
09-06* 117,730,784.41 4.246 % .000116348 13,697.74
09-07* 117,730,784.41 4.246 % .000116348 13,697.74
09-08 117,730,784.41 4.241 % .000116217 13,682.32
09-09 116,913,861.49 4.232 % .000115949 13,556.05
09-10 116,299,466.26 4.229 % .000115865 13,475.04
09-11 116,360,914.30 4.233 % .000115996 13,497.40
09-12 116,388,896.56 4.245 % .000116308 13,536.96
09-13* 116,165,266.20 4.245 % .000116308 13,510.95
09-14* 116,165,266.20 4.245 % .000116308 13,510.95
09-15 116,165,266.20 4.276 % .000117176 13,611.78
09-16 115,941,411.75 4.244 % .000116274 13,480.97
09-17 115,579,521.02 4.218 % .000115588 13,359.61
09-18 113,680,993.98 4.114 % .000112733 12,815.60
09-19 113,702,875.13 4.068 % .000111460 12,673.32
09-20* 113,360,290.29 4.068 % .000111460 12,635.14
09-21* 113,360,290.29 4.068 % .000111460 12,635.14
09-22 113,360,290.29 4.066 % .000111399 12,628.22
09-23 111,703,856.26 4.054 % .000111085 12,408.62
09-24 116,802,336.47 4.063 % .000111335 13,004.19
09-25 116,802,393.56 4.075 % .000111648 13,040.75
09-26 116,289,757.09 4.075 % .000111651 12,983.87
09-27* 116,289,757.09 4.075 % .000111651 12,983.87
09-28* 116,289,757.09 4.075 % .000111651 12,983.87
09-29 116,408,633.80 4.063 % .000111337 12,960.59
09-30 116,023,154.15 4.089 % .000112029 12,997.96
TOTAL MTD 398,851.13

* Indicates non-business day

THANK YOU FOR BANKING WITH WELLS FARGO.

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

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

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

This material must be accompanied or preceded by a current prospectus for name of the Fund(s) selected. Please read the prospectus carefully before investing.
09/01/2025 - 09/30/2025

Page 2 of 2 ends

Account Number - DDA
1643979121

296

CITY OF MURRIETA
City Council Meeting Agenda
Report
11/18/2025
Agenda Item No. 5.

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

Treasurer’s Report - Quarter 1 of Fiscal Year 2025/26

RECOMMENDATION
Receive the Fiscal Year 2025/26 Treasurer’s Reports for Quarter 1 (July - September 2025).

PRIOR ACTION/VOTE
On August 19, 2025, the City Council received the Treasurer’s Report for Quarter 4 of Fiscal Year 2024/25.

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

DISCUSSION
Pursuant to Government Code Section 53646(b) and the City of Murrieta (City) Investment Policy, the Finance Department renders a quarterly investment report to the City Council concerning the investment portfolio’s earnings and performance results. The City contracts with Chandler Asset Management to manage the City’s investment portfolio and to advise on all investment-related matters. The purpose of this report is to present the investment earnings for the period July 1, 2025, through September 30, 2025, for Quarter 1 of the Fiscal Year.

Total Portfolio Composition
The portfolio comprises available cash balances from over 110 separate funds. The balances are tracked in the City’sfinancial records individually, but combined for the purpose of investing cash to maximize investment returns. The City’s investment manager invests funds not needed in the near future into securities with maturities of less than five years. The City also utilizes the Local Agency Investment Fund (LAIF), an investment pool operated by the State of California and used by most cities in California to manage the City’s short-term cash flow requirements. Wells Fargo’s“Cash Sweep Program” is the City’sthird investment tool, which allows the City to earn a return on uninvested cash balances in our General Checking Account by automatically "sweeping" cash balances into a Sweep investment vehicle until such balances are otherwise needed to satisfy obligations arising in the account. The Cash Sweep Program exclusively targets high-quality, CITY OF MURRIETA Printed on 11/13/2025Page 1 of 4
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Agenda Item No. 5.
needed to satisfy obligations arising in the account. The Cash Sweep Program exclusively targets high-quality, short-term, U.S. dollar-denominated money market instruments that consist of U.S. Government obligations and repurchase agreements collateralized by U.S. Government obligations. This investment vehicle complies with our Investment Policy and the California Government Code Section 53607.

Investment Portfolio Performance
As of September 30, 2025, the City’stotal market value (including accrued interest) of operating funds and liquidity investments totaled $156,536,800.03. The book value, or what the City actually paid for the investments, totaled $152,638,477.12. The fair market value of the City’s portfolio, less accrued interest, totaled $155,466,858.92. The value of fixed-income securities may fluctuate with changes in interest rates. As interest rates go up, the market value of the securities may go down, and the reverse is true; when interest rates go down, the market value of the securities may go up. The difference between the book and fair market value is considered an unrealized gain or loss. The unrealized gain for this reporting period is $2,828,381.80. It is important to note that a loss or gain is realized when an investment is redeemed or sold before its maturity date. City’s investments are retained until the maturity date. Nonetheless, the City may elect to sell an investment before its maturity and record a capital gain or loss to manage the portfolio's quality, liquidity, or yield in response to market conditions or the City’s risk preferences. The portfolio’s total market value (including accrued interest) increased by $1,902,136.16 from the previous quarter’send due to the decline in interest rates and higher investment income.

As of September 30, 2025, the yield to maturity on the portfolio increased to 4.35% from 4.31% on June 30, 2025, due to the proceeds from maturing securities being reinvested at higher interest rates. During the first quarter of FY 2025/26, US Treasury yields on short-term bonds declined, driven by the expectation that the Federal Reserve will cut the Fed Funds overnight rates in the near term. The 2-year US Treasury Note yield decreased to 3.57% from 3.72%, while the 5-year Treasury decreased to 3.66% from 3.80% over the reporting period. Recent economic data suggests slower growth in 2025, weaker employment, and greater market uncertainty as the effects of fiscal policy unfold. This caused continued volatility in the market during the quarter. Some components of inflation have remained sticky, as core Personal Consumption Expenditures (PCE) levels remain above the Federal Reserve’s (Fed) 2% inflation target. The portfolio’s market value benefited from the sector diversification and remains stable due to the high-quality assets contained within the portfolio.

Portfolio Duration
As of September 30, 2025, the investment portfolio's average duration was 1.81 years. This duration remains within an acceptable range. The City continues to implement a disciplined, conservative approach to its portfolio in this time of financial market volatility.

Asset Allocation
The investment portfolio is allocated in compliance with California Government Code 53601. The sector allocation of the portfolio on September 30, 2025, was 18.63% in US Government Agency bonds, 24.49% in high-grade Corporate Bonds, 36.33% in U.S. Treasury bonds, 8.44% in Asset-Backed Securities (ABS), 1.18% in Supranational, 10.10% in Agency Collateralized Mortgage-Backed Securities, and 0.82% Money Market Fund. Supranational is a financial institution owned by member countries to promote international development. A Collateralized Mortgage Obligation is a mortgage-backed security that contains a pool of mortgages bundled together and sold as an investment.

The following pie chart summarizes the asset allocation by sector.

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Agenda Item No. 5.
(The chart above may not sum to 100% due to rounding.)
Maturity Distribution
As of September 30, 2025, approximately 26.5% of the portfolio will mature in less than one year, 30.1% in 1-2 years, 30.3% in 2-3 years, and 13.0% in 3-4 years. The City’soverall portfolio maintains liquid funds through bank deposits, money market funds, and local government investment pools to satisfy its near-term liquidity needs.
(The chart above may not sum to 100% due to rounding.)
LAIF Balance
Funds deposited with LAIF act as the City’ssavings account, which allows for the regular investment of short- term cash balances. LAIF complements our investment program by maximizing the earnings on liquid balances not needed for immediate disbursement. It also allows the City’sinvestment manager to focus on maximizing the return on its longer-term investments.

The balance in LAIF was $2,021,589.77 as of September 30, 2025. The annual yield on the LAIF portfolio was

4.212%, a decrease of 0.363% from the 4.575% earned at the end of September 2025.

Wells Fargo Cash Sweep Program
The Cash Sweep Program may include fixed, floating, or variable interest rates. The security selections for the Cash Sweep Program are based on several factors, including credit quality, yield, and maturity, while considering the fund’soverall level of liquidity and weighted average maturity. The securities purchased have been determined to present minimal credit risk. For the quarter ending September 30, 2025, the total earnings CITY OF MURRIETA Printed on 11/13/2025Page 3 of 4
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Agenda Item No. 5.
been determined to present minimal credit risk. For the quarter ending September 30, 2025, the total earnings from the Cash Sweep Program were $1,270,943.80 and had an Average Daily Yield of 4.209%.

The graph below compares the investment yields for the Investment Portfolio, LAIF, and the Cash Sweep Program for the period ending September 30, 2024, to September 30, 2025.

This report presents only the results of the operating portfolio managed by Chandler Asset Management, LAIF, and the Cash Sweep Program. The City’s and developer bond portfolios are available for review in the Finance Department or may be sent to the City Council upon request.

In compliance with the California Government Code Section 53646, the Treasurer of the City of Murrieta hereby certifies that sufficient investment liquidity and anticipated revenues are available to meet the City’s budgeted expenditure requirements for the subsequent six months, October 2025 through March 2026. All investments in the City’s portfolio comply with state law and City’s adopted Investment Policy.

FISCAL IMPACT
There is no fiscal impact associated with the recommended action.

ATTACHMENTS

1. City of Murrieta Investment Report September 30, 2025

2. LAIF Regular Monthly Statement September 30, 2025

3. Wells Fargo Sweep Account Statements for July, August, and September 30, 2025

4. Portfolio Composition Chart as of September 30, 2025 CITY OF MURRIETA Printed on 11/13/2025Page 4 of 4
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INVESTMENT REPORT
City of Murrieta | As of September 30, 2025
CHANDLER ASSET MANAGEMENT | chandlerasset.com
301

TABLE OF CONTENTS

ECONOMIC UPDATE

ACCOUNT PROFILE

PORTFOLIO HOLDINGS

TRANSACTIONS
1 302

ECONOMIC UPDATE
2 303
▪
▪
▪
Recent economic data suggest slower growth in 2025 and greater market uncertainty as the effects of fiscal policy unfold. Inflation pressures have eased, though core levels remain above the Federal Reserve’s target, while tariffs continue to cloud forecasts. Signs of a softer labor market are emerging, prompting expectations that the Fed will move cautiously toward policy normalization. Given the economic outlook, we expect gradual normalization of monetary policy and a steeper yield curve.

The Federal Reserve lowered the Federal Funds Rate a quarter percentage point to the range of 4.00 – 4.25% upon conclusion of the September Federal Open Market Committee meeting. The move was telegraphed by the Fed and in line with market expectations. Stephen Miran was the only opposing vote in the 11-1 decision as Governor Miran called for a larger 50 basis point rate cut. Chair Powell said concerns over signs of a softening labor market prompted the policy shift. Policymakers also updated their economic forecasts penciling in two additional quarter-point cuts through year-end.

The US Treasury yield curve flattened in September,as the 2-year Treasury yield declined 13 basis points to 3.57%, the 5-year Treasury also down 13 basis points to 3.66%, and the 10-year Treasury yield declined 14 basis points to 4.12%. The spread between the 2-year and 10- year Treasury yield points on the curve decreased to +54 basis points at September month-end versus +61 basis points at August month- end. The spread between the 2-year Treasury and 10-year Treasury yield one year ago was 14 basis points. The spread between the 3- month and 10-year Treasury yield points on the curve was +21 basis points in September versus +8 basis points in August.

ECONOMIC UPDATE
3 304
-400
-200
0 200
400
600
800
1,000MOM Change In Thousands (000's)
Nonfarm Payroll (000's)
Non-farm Payroll (000's)
3-month average (000's)

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%
Unemployment Rate
Underemployment Rate (U6)
Unemployment Rate (U3)
Rate (%)
The U.S. economy added just 22,000 jobs in August, falling short of consensus expectations and punctuating the softening trend in the labor market. The three-month moving average and six-month moving average payrolls totaled 29,000 and 64,000 respectively. The unemployment rate rose to 4.3% in August from 4.2% in July. The labor participation rate inched up to 62.3%, remaining below the pre- pandemic level of 63.3%. The U-6 underemployment rate, which includes those who are marginally attached to the labor force and employed part time for economic reasons jumpedto 8.1% in August from 7.9% in July. Average hourly earnings fell to 3.7% year-over-year from 3.9% last month.

Source: US Department of Labor Source: US Department of Labor

EMPLOYMENT
4 305
0 2,000
4,000
6,000
8,000
10,000
12,000
14,000
Job Openings
Recession
Historical Average
In Thousands (000's)
The Labor Department’s Job Openings and Labor Turnover Survey (JOLTS) showed a modest increase to 7.227 million new job openings in August from 7.2 million in July. The quits rate and layoffs remained relatively stable. Job openings indicate a ratio of approximately 1 job for each unemployed individual, representing a relatively balanced labor market.

Source: US Department of Labor

JOB OPENINGS & LABOR TURNOVER SURVEY
5 306

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Consumer Price Index (CPI)
CPI YOY % Change
Core CPI YOY % Change
YOY (%) Change

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%

7.0%

8.0%

9.0%

10.0%
Personal Consumption Expenditures (PCE)
PCE Price Deflator YOY % Change
PCE Core Deflator YOY % Change
Fed Target
YOY (%) Change
In August, the Consumer Price Index (CPI) increased more than expected at 0.4% month-over-month and 2.9% year-over-year, while the Core CPI rose 0.3% month-over-month and 3.1% year-over-year, in line with expectations. The Personal Consumption Expenditures (PCE) price index rose 0.3% month-over-month and 2.7% year-over-year in August. The Core PCE deflator, which excludes food and energy and is the Fed’s preferred gauge, was up 0.2% from July leaving it unchanged at 2.9% on an annual basis in August.

Source: US Department of Labor Source: US Department of Commerce

INFLATION
6 307

0.0%

10.0%

20.0%

30.0%

40.0%

50.0%

60.0%
Retail Sales YOY % Change
YOY (%) Change
Advance Retail Sales showed continued strength jumping 0.6%in August as July data was also revised up to 0.6% month-over-month. The increase elevated retail sales to 5.0% on an annual basis after jumping 4.1% year-over-year in July. Back-to-school shopping was a likely catalyst as online shopping, clothing, and sporting goods saw some of the largest increases. Control group sales, which feed into GDP, also jumped 0.74% in August from the prior month. The Conference Board’s Consumer Confidence Index fell to 94.2 in September from a revised 97.8 in August, marking the lowest level since April 2025. Measures of current conditions and future expectations fell, signaling weaker sentiment toward employment and income. Consumers have remained resilient,but rising debt burdens, higher delinquency rates, lingering inflation worries, and emerging signs of labor market cooling could weigh on future spending. 0 20
40 60
80 100
120
140
160
Index Level
Consumer Confidence
Recession
Source: US Department of Commerce Source: The Conference Board All time high is 144.70 (1/31/00); All time low is 25.30 (2/28/09)

CONSUMER
7 308
-25.0%
-20.0%
-15.0%
-10.0%
-5.0%

0.0%

5.0%

10.0%

15.0%
Leading Economic Indicators (LEI)
Recession
YOY (%) Change
-1.00
-0.75
-0.50
-0.25

0.00 0.25

0.50 0.75

1.00 Chicago Fed National Activity Index (CFNAI)
Recession
3 Month Average
The Conference Board’s Leading Economic Index (LEI) fell by 0.5% in August, following a 0.1% increase in July. The LEI decreased by 3.6% year-over-year. The Conference Board is expecting economic growth to slow in the second half of 2025 due to consumer pessimism, soft manufacturing new orders, and negative impacts from tariffs. The Chicago Fed National Activity Index (CFNAI) came in at -0.12% in August after a downwardly revised -0.28 in July, indicating that economic momentum remained below its historical trend for the fifth consecutive month. The three-month moving average shows a similar trend at -0.18 in August from -0.20 in the prior month signaling ongoing below-trend growth in national economic activity.

Source: The Conference Board Source: Federal Reserve Bank of Chicago

LEADING INDICATORS OF ECONOMIC ACTIVITY
8 309
0 200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2,200
2,400
In Thousands of Units
Annualized Housing Starts
Multi Family Housing Starts
Single Family Housing Starts
Housing starts dropped 8.5% in August to 1.307 million units, marking a pullback amid elevated inventory levels and a softening labor market. Single-family starts fell 7.0% in August to 890,000 units, hitting their lowest level since July 2024. The S&P Cotality Case Shiller 20- City Home Price Index recorded a 0.07% month-over-month decline in July, marking the fifth consecutive month of losses, while still posting a modest year-over-year gain of 1.8%. Persistently high asking prices and elevated mortgage rates have continued to challenge affordability, contributing to the recent cooling across the housing market. However, the Freddie Mac 30-year fixed mortgage rate continued recent declines to 6.3% as of September.

Source: US Department of Commerce Source: S&P
-20.0%
-16.0%
-12.0%
-8.0%
-4.0%

0.0%

4.0%

8.0%

12.0%

16.0%

20.0%

24.0%
S&P/Case-Shiller 20 City Composite Home Price Index
Recession
YOY (%) Change

HOUSING
9 310
40 45
50 55
60 65
70 Institute of Supply Management (ISM) Surveys
ISM Manufacturing ISM Services

EXPANDING

CONTRACTING
Manufacturing activity contractedat a slightly slower rate as the Institute for Supply Management (ISM) Manufacturing Index edgedup to

49.1 in September, from 48.7 in August yet remaining below the expansion threshold, signaling the seventh consecutive month of contraction in the manufacturing sector. Production growth factored into the gain, although dropsin new orders and inventories offset the increase. The ISM Services Index fell to 50.0 in September from 52.0 in August, which is the breakeven point between expansion and contraction. The 2.0-point decline generally indicated moderate to weak growth, with only isolated reports of supplier delivery delays.

Employment remained in contraction territory, reflecting delayed hiring plans and ongoing challenges in finding qualified workers.

Source: Institute for Supply Management

SURVEY BASED MEASURES
10 311
Components of GDP 9/24 12/24 3/25 6/25

2.7% 2.6% 0.4% 1.7%

0.2% -1.3% 3.8% -2.7%
-0.4% -0.1% -4.7% 4.8%

0.5% 0.3% -0.4% -0.4%

0.4% 0.3% 0.2% 0.3%

3.4% 1.9% -0.6% 3.8%
Personal Consumption Expenditures
Gross Private Domestic Investment
Net Exports and Imports
Federal Government Expenditures
Total
State and Local (Consumption and Gross
Investment)
-40.0%
-30.0%
-20.0%
-10.0%

0.0%

10.0%

20.0%

30.0%

40.0%
Gross Domestic Product (GDP)
GDP QOQ % Change
GDP YOY % Change
Source: US Department of Commerce Source: US Department of Commerce In a sharp rebound from the first quarter, real GDP increasedat an annualized rate of 3.8% in the second quarter of 2025 according to the final data revision from the Bureau of Economic Analysis. The increase in real GDP in the second quarter was driven by the drop in imports following the significant rise in the first quarter in anticipation of higher tariffs and an increase in consumer spending. The consensus projection calls for 1.7% growth for the third quarter and 1.8% for the full year 2025.

GROSS DOMESTIC PRODUCT (GDP)
11 312
Source: Federal Reserve Source: Bloomberg
0 1,000,000
2,000,000
3,000,000
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
Federal Reserve Balance Sheet Assets
Recession
In $ millions
The Federal Reserve lowered its benchmark interest rate by a quarter point to a range of 4.00% to 4.25% at its September meeting, as officials responded to mounting signs of labor market weakness. Chair Jerome Powell said the move was aimed at cushioning the slowdown while keeping policy restrictive enough to fight lingering inflation. The Fed kept its balance-sheet runoff unchanged, maintaining a $5 billion monthly cap on Treasuries and $35 billion on agency and mortgage-backed securities. Since launching its Quantitative Tightening campaign in June 2022, the Fed has reduced its securities holdings by about $2.35 trillion, bringing the total down to roughly $6.6 trillion.

FEDERAL RESERVE

0.00%

1.00%

2.00%

3.00%

4.00%

5.00%

6.00%
Effective Federal Funds Rate
Recession
Yield (%)
12 313
Source: Bloomberg Source: Bloomberg

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Note Yields
2-Year
5-Year
10-Year
Yield (%)

0.0%

1.0%

2.0%

3.0%

4.0%

5.0%

6.0%
US Treasury Yield Curve
Sep-25
Jun-25
Sep-24
Yield (%)
At the end of September, the 2-year Treasury yield was 5 basis points lower, and the 10-Year Treasury yield was 40 basis points higher, year-over-year. The spread between the 2-year and 10-year Treasury yield points on the curve decreased to +54 basis points at September month-end versus +61 basis points at August month-end. The prior 2-year/10-year yield curve inversion, which spanned from July 2022 to August 2024, was historically long. The average historical spread (since 2005) is about +99 basis points. The spread between the 3-month and 10-year Treasury yield points on the curve was +21 basis points in September versus +8 basis points in August.

BOND YIELDS
13 314

ACCOUNT PROFILE
14 315

OBJECTIVES
Investment Objectives
The City of Murrieta's investment objectives, in order of priority, are to provide safety to ensure the preservation of capital in the overall portfolio, provide sufficient liquidity for cash needs and a market rate of return consistent with the investment program.

Chandler Asset Management Performance Objective
The performance objective for the portfolio is to achieve a rate of return over a market cycle that equals or exceeds the return on a market index of similar duration and sector allocation.

Strategy
In order to achieve these objectives, the portfolio invests in high quality fixed income securities consistent with the investment policy and California Government Code. 15 316

STATEMENT OF COMPLIANCE
City of Murrieta | Account| As of September 30, 2025
Rules Name Limit Actual Compliance
Status Notes

AGENCY MORTGAGE SECURITIES (CMOS)
Max % (MV) 20.0 10.1 Compliant
Max % Issuer (MV) 30.0 10.1 Compliant
Max Maturity (Years) 5.0 4.5 Compliant

ASSET-BACKED SECURITIES (ABS)
Max % (MV) 20.0 8.4 Compliant
Max % Issuer (MV) 5.0 0.9 Compliant
Max Maturity (Years) 5 4 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant

BANKERS' ACCEPTANCES
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 180 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CERTIFICATE OF DEPOSIT PLACEMENT SERVICE
(CDARS)
Max % (MV) 30.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

COLLATERALIZED TIME DEPOSITS (NON-

NEGOTIABLE CD/TD)
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5.0 0.0 Compliant

COMMERCIAL PAPER
Max % (MV) 40.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Days) 270 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1) 0.0 0.0 Compliant

CORPORATE MEDIUM TERM NOTES
Max % (MV) 30.0 24.5 Compliant
16 317

STATEMENT OF COMPLIANCE
City of Murrieta | Account | As of September 30, 2025
Rules Name Limit Actual Compliance
Status Notes
Max % Issuer (MV) 5.0 1.4 Compliant
Max Maturity (Years) 5 3 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

FDIC INSURED TIME DEPOSITS (NON-NEGOTIABLE
CD/TD)
Max % (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant

FEDERAL AGENCIES
Max % (MV) 100.0 18.6 Compliant
Max % Issuer (MV) 30.0 11.6 Compliant
Max Callables (MV) 20.0 0.0 Compliant
Max Maturity (Years) 5 2 Compliant

LOCAL AGENCY INVESTMENT FUND (LAIF)
Max Concentration (MV) 75.0 0.0 Compliant

MONEY MARKET MUTUAL FUNDS
Max % (MV) 20.0 0.8 Compliant
Max % Issuer (MV) 10.0 0.8 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

MUNICIPAL SECURITIES (CA, LOCAL AGENCY)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A- by 1) 0.0 0.0 Compliant

MUTUAL FUNDS
Max % (MV) 20.0 0.0 Compliant
Max % Issuer (MV) 10.0 0.0 Compliant
Min Rating (AAA by 2) 0.0 0.0 Compliant

NEGOTIABLE CERTIFICATES OF DEPOSIT (NCD)
Max % (MV) 30.0 0.0 Compliant
Max % Issuer (MV) 5.0 0.0 Compliant
17 318

STATEMENT OF COMPLIANCE
City of Murrieta | Account | As of September 30, 2025
Rules Name Limit Actual Compliance
Status Notes
Max Maturity (Years) 5 0.0 Compliant
Min Rating (A-1 by 1 or A- by 1 if > FDIC Limit) 0.0 0.0 Compliant

REPURCHASE AGREEMENTS
Max % (MV) 20.0 0.0 Compliant
Max Maturity (Years) 1.0 0.0 Compliant

SUPRANATIONAL OBLIGATIONS
Max % (MV) 30.0 1.2 Compliant
Max % Issuer (MV) 10.0 1.2 Compliant
Max Maturity (Years) 5 2 Compliant
Min Rating (AA- by 1) 0.0 0.0 Compliant
U.S. TREASURIES
Max % (MV) 100.0 36.3 Compliant
Max Maturity (Years) 5 4 Compliant
18 319

PORTFOLIO CHARACTERISTICS
City of Murrieta | Account | As of September 30, 2025
Benchmark* 9/30/2025
Portfolio
6/30/2025
Portfolio
Average Maturity (yrs) 1.85 2.13 2.14
Average Modified Duration 1.77 1.81 1.80
Average Purchase Yield 4.35% 4.31%
Average Market Yield 3.65% 3.83% 4.04%
Average Quality** AA+ AA+ AA+
Total Market Value 156,536,800 154,634,664
*Benchmark: ICE BofA 1-3 Year US Treasury Index
**The credit quality is a weighted average calculation of the highest of S&P, Moody’s and Fitch. 19 320

SECTOR DISTRIBUTION
City of Murrieta | Account | As of September 30, 2025
Sector as a Percentage of Market Value
Sector 09/30/2025 06/30/2025
US Treasury 36.33% 34.69%
Corporate 24.49% 24.65%
Agency 18.63% 18.88%
Agency CMBS 10.10% 10.81%
ABS 8.44% 8.87%
Supras 1.18% 1.19%
Money Mkt Fd 0.82% 0.91%
20 321

ISSUERS
City of Murrieta | Account | As of September 30, 2025
Issuer Investment Type % Portfolio
United States US Treasury 36.33%
Federal Home Loan Banks Agency 11.61%
FHLMC Agency CMBS 10.10%
Farm Credit System Agency 7.02%
Massachusetts Mutual Life Insurance Corporate 1.35%
New York Life Insurance Company Corporate 1.27%
American Express Credit Master Trust ABS 1.24%
International Bank for Recon and Dev Supras 1.18%
Public Service Enterprise Group Inco Corporate 1.12%
Deere & Company Corporate 1.11%
JPMorgan Chase & Co. Corporate 1.03%
Bank of Montreal Corporate 0.98%
National Rural Utilities Cooperative Corporate 0.98%
PepsiCo, Inc. Corporate 0.98%
Cisco Systems, Inc. Corporate 0.98%
Florida Power & Light Corporate 0.98%
PACCAR Inc Corporate 0.94%
Air Products and Chemicals, Inc. Corporate 0.93%
Amazon.com, Inc. Corporate 0.91%
U.S. Bancorp Corporate 0.86%
Chase Issuance Trust ABS 0.86%
The Home Depot, Inc. Corporate 0.85%
U.S. Bancorp Money Mkt Fd 0.82%
Honda Auto Receivables Owner Trust ABS 0.82%
Royal Bank of Canada Corporate 0.81%
Eli Lilly and Company Corporate 0.81%
State Street Corporation Corporate 0.79%
UnitedHealth Group Incorporated Corporate 0.79%
WF Card Issuance Trust ABS 0.79%
GM Financial Automobile Leasing Trus ABS 0.74%
21 322

ISSUERS
City of Murrieta | Account | As of September 30, 2025
Issuer Investment Type % Portfolio
Verizon Master Trust ABS 0.68%
John Deere Owner Trust ABS 0.66%
Bank of America Corporation Corporate 0.65%
Toyota Motor Corporation Corporate 0.65%
Met Tower Global Funding Corporate 0.65%
Northwestern Mutual Global Funding Corporate 0.65%
Northern Trust Corporation Corporate 0.64%
Apple Inc. Corporate 0.64%
Duke Energy Corporation Corporate 0.64%
Chubb Limited Corporate 0.64%
Mercedes-Benz Auto Lease Trust ABS 0.58%
BMW Vehicle Lease Trust ABS 0.55%
Mercedes-Benz Auto Receivables Trust ABS 0.50%
Blackrock, Inc. Corporate 0.49%
BMW Vehicle Owner Trust ABS 0.39%
Hyundai Auto Receivables Trust ABS 0.38%
Target Corporation Corporate 0.37%
GM Financial Securitized Term ABS 0.27%
Cash Cash 0.00%
TOTAL 100.00%
22 323

QUALITY DISTRIBUTION
Rating 09/30/2025 06/30/2025
AAA 10.85% 11.31%
AA 71.00% 69.07%
A 15.59% 16.97%
NA 2.56% 2.65%
Rating 09/30/2025 06/30/2025
Aaa 8.79% 9.13%
Aa 71.15% 69.88%
A 15.22% 15.95%
NA 4.84% 5.04%
Rating 09/30/2025 06/30/2025
AAA 14.62% 14.34%
AA 67.77% 66.52%
A 6.92% 8.82%
NA 10.69% 10.31%
City of Murrieta | Account | As of September 30, 2025
S&P Rating Moody’s Rating Fitch Rating
23 324

DURATION DISTRIBUTION
City of Murrieta | Account | As of September 30, 2025
Date 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5-7 7+
09/30/2025 6.0% 3.9% 16.6% 30.1% 30.3% 13.0% 0.0% 0.0% 0.0% 06/30/2025 8.1% 5.1% 10.7% 33.9% 28.5% 11.7% 2.0% 0.0% 0.0% 24 325
3 Months 12 Months 2 Years 3 Years 5 Years 10 Years Since Inception TOTAL RATE OF RETURN*
City of Murrieta 1.23% 4.34% 5.71% 4.83% 1.96% 2.19%
Benchmark 1.12% 3.87% 5.29% 4.34% 1.57% 1.83%
*Periods over 1 year are annualized.

Total rate of return: A measure of a portfolio’s performance over time. It is the internal rate of return, which equates the beginning value of the portfolio with the ending market value; it includes interest earnings, realized and unrealized gains and losses in the portfolio. Realized rate of return: A measure of a portfolio’s return over time. It is the internal rate which equates the beginning book value of the portfolio with the ending book value; it includes interest earnings, realized gains and losses in the portfolio.

Benchmark: ICE BofA 1-3 Year US Treasury Index

INVESTMENT PERFORMANCE
City of Murrieta | Account | As of September 30, 2025
Total Rate of Return : Inception | 02/01/2020
25 326

PORTFOLIO HOLDINGS
26 327

HOLDINGS REPORT
City of Murrieta | Account | As of September 30, 2025
Cusip Security Description Par Value/
Units
Purchase
Date
Purchase
Yield
Cost Value
Book Value
Mkt
Price
Mkt
YTM
Market Value
Accrued Int.
% of Port.

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
ABS
43815PAC3 HAROT 2022-2 A3 3.73
07/20/2026 21,076.32 08/15/2022

3.73%
21,075.07
21,075.07

99.96 4.29%
21,068.31

28.39 0.01%
(6.76)
NA/AAA
AAA

0.80 0.07
47787JAC2 JDOT 2022 A3 2.32 09/15/2026 10,315.09 03/10/2022

2.33%
10,312.81
10,312.81

99.92 4.46%
10,306.70

10.64 0.01%
(6.11)
Aaa/NA
AAA

0.96 0.04
379929AD4 GMALT 2023-3 A3 5.38
11/20/2026 56,069.71 08/08/2023

5.38%
56,062.98
56,062.98
100.11

4.16%
56,132.02

92.17 0.04%

69.04 NA/AAA
AAA

1.14 0.09
36269FAD8 GMALT 2024-1 A3 5.09
03/22/2027 377,053.42 02/08/2024

5.09%
377,006.29
377,006.29
100.32

4.17%
378,262.36
586.42

0.24%
1,256.07
NA/AAA
AAA

1.47 0.33
05611UAD5 BMWLT 2024-1 A3 4.98
03/25/2027 846,850.76 06/20/2024

5.19%
842,351.87
842,351.87
100.35

4.04%
849,789.93
702.89

0.55%
7,438.06
Aaa/AAA
NA

1.48 0.35
36265WAD5 GMCAR 2022-3 A3 3.64
04/16/2027 41,908.60 07/06/2022

3.64%
41,908.31
41,908.31

99.92 4.33%
41,875.78

63.56 0.03%
(32.53)
Aaa/NA
AAA

1.54 0.12
58770JAD6 MBALT 2024-A A3 5.32
01/18/2028 350,000.00 05/17/2024

5.32%
349,959.05
349,959.05
101.27

4.07%
354,450.32
827.56

0.23%
4,491.27
Aaa/NA
AAA

2.30 0.97
58769GAD5 MBALT 2024-B A3 4.23
02/15/2028 545,000.00 09/17/2024

4.24%
544,908.28
544,908.28
100.24

4.03%
546,282.82
1,024.60

0.35%
1,374.54
NA/AAA
AAA

2.38 0.98
362962AD4 GMALT 2025-2 A3 4.58
05/22/2028 705,000.00 05/20/2025

4.58%
704,988.30
704,988.30
100.92

3.97%
711,505.67
986.61

0.46%
6,517.37
NA/AAA
AAA

2.64 1.40
437918AC9 HAROT 2024-1 A3 5.21
08/15/2028 1,242,806.18 02/13/2024

5.21%
1,242,752.13
1,242,752.13
100.95

3.99%
1,254,554.31
2,877.79

0.81%
11,802.18
Aaa/AAA
NA

2.88 0.73
161571HT4 CHAIT 2023-1 A 5.16 09/15/2028 1,320,000.00 09/07/2023

5.23%
1,319,634.10
1,319,634.10
101.21

3.90%
1,335,911.02
3,027.20

0.86%
16,276.92
NA/AAA
AAA

2.96 0.91
47800RAD5 JDOT 2024 A3 4.96 11/15/2028 335,000.00 03/11/2024

4.96%
334,981.24
334,981.24
101.09

4.09%
338,642.22
738.49

0.22%
3,660.98
Aaa/NA
AAA

3.13 1.17
096919AD7 BMWOT 2024-A A3 5.18
02/26/2029 600,000.00 06/04/2024

5.18%
599,908.86
599,908.86
101.18

3.92%
607,072.80
518.00

0.39%
7,163.94
Aaa/AAA
NA

3.41 0.89
02582JKH2 AMXCA 2024-1 A 5.23 04/16/2029 640,000.00 04/16/2024

5.23%
639,868.80
639,868.80
102.07

3.88%
653,226.11
1,487.64

0.42%
13,357.31
NA/AAA
AAA

3.54 1.45
58768YAD7 MBALT 2025-A A3 4.61
04/16/2029 770,000.00 05/14/2025

4.61%
769,906.14
769,906.14
101.39

3.98%
780,736.73
1,577.64

0.50%
10,830.59
NA/AAA
AAA

3.54 2.05
47800DAD6 JDOT 2025 A3 4.23 09/17/2029 670,000.00 03/04/2025

4.23%
669,957.86
669,957.86
100.55

4.02%
673,681.25
1,259.60

0.43%
3,723.39
Aaa/NA
AAA

3.96 2.21
27 328

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
44935XAD7 HART 2025-B A3 4.36 12/17/2029 585,000.00 06/03/2025

4.36%
584,947.18
584,947.18
100.95

3.91%
590,560.95
1,133.60

0.38%
5,613.77
NA/AAA
AAA

4.21 1.94
92348KDY6 VZMT 2025-3 A1A 4.51
03/20/2030 1,050,000.00 03/25/2025

4.51%
1,049,954.85
1,049,954.85
100.83

4.16%
1,058,722.35
1,446.96

0.68%
8,767.50
Aaa/NA
AAA

4.47 1.40
02582JKP4 AMXCA 2025-2 A 4.28 04/15/2030 1,255,000.00 05/06/2025

4.28%
1,254,977.28
1,254,977.28
100.96

3.92%
1,266,989.02
2,387.29

0.81%
12,011.74
NA/AAA
AAA

4.54 2.36
362549AD9 GMCAR 2025-2 A3 4.28
04/16/2030 370,000.00 05/06/2025

4.28%
369,945.54
369,945.54
100.76

3.86%
372,819.18
659.83

0.24%
2,873.64
Aaa/AAA
NA

4.54 1.66
92970QAJ4 WFCIT 2025-1 A 4.34 05/15/2030 1,210,000.00 06/03/2025

4.33%
1,209,979.91
1,209,979.91
101.07

3.94%
1,222,931.75
2,333.96

0.79%
12,951.84
NA/AAA
AAA

4.62 2.43
Total ABS 13,001,080.08 4.74%
12,995,386.84
12,995,386.84
100.96

3.98%
13,125,521.59
23,770.83

8.44%
130,134.75

3.41 1.42
AGENCY
3133EPW68 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.125 01/22/2026 1,400,000.00 01/24/2024

4.40%
1,392,860.00
1,392,860.00
100.04

3.97%
1,400,525.06
11,068.75

0.90%
7,665.06
Aa1/AA+
AA+

0.31 0.30
3133ERDZ1 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.75 05/08/2026 1,000,000.00 05/20/2024

4.87%
997,690.00
997,690.00
100.54

3.82%
1,005,445.04
18,868.06

0.65%
7,755.04
Aa1/AA+
AA+

0.60 0.58
3130AWLZ1 FEDERAL HOME LOAN BANKS 4.75
06/12/2026 2,000,000.00 08/16/2023

4.78%
1,998,620.00
1,998,620.00
100.69

3.73%
2,013,856.78
28,763.89

1.30%
15,236.78
Aa1/AA+
AA+

0.70 0.67
3133EPZY4 FEDERAL FARM CREDIT BANKS
FUNDING CORP 5.0 07/30/2026 2,000,000.00 11/09/2023

4.85%
2,007,480.00
2,007,480.00
101.04

3.72%
2,020,710.02
16,944.44

1.30%
13,230.02
Aa1/AA+
AA+

0.83 0.80
3133EPSW6 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 08/14/2026 2,405,000.00 08/09/2023

4.58%
2,399,468.50
2,399,468.50
100.63

3.75%
2,420,250.90
14,129.38

1.56%
20,782.40
Aa1/AA+
AA+

0.87 0.84
3130AWTQ3 FEDERAL HOME LOAN BANKS

4.625 09/11/2026 4,500,000.00 --

4.81%
4,476,030.00
4,476,030.00
100.80

3.76%
4,535,796.42
11,562.50

2.92%
59,766.42
Aa1/AA+
AA+

0.95 0.92
3130AXU63 FEDERAL HOME LOAN BANKS

4.625 11/17/2026 1,750,000.00 11/30/2023

4.53%
1,754,427.50
1,754,427.50
101.01

3.70%
1,767,689.16
30,126.74

1.14%
13,261.66
Aa1/AA+
AA+

1.13 1.07
3130AYPN0 FEDERAL HOME LOAN BANKS

4.125 01/15/2027 2,000,000.00 01/30/2024

4.21%
1,995,560.00
1,995,560.00
100.64

3.60%
2,012,896.72
17,416.67

1.29%
17,336.72
Aa1/AA+
AA+

1.29 1.24
3133EP6K6 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 03/26/2027 1,000,000.00 04/08/2024

4.66%
995,520.00
995,520.00
101.18

3.68%
1,011,752.13
625.00

0.65%
16,232.13
Aa1/AA+
AA+

1.48 1.43
28 329

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
3130B0TY5 FEDERAL HOME LOAN BANKS 4.75
04/09/2027 1,500,000.00 04/10/2024

4.84%
1,496,115.00
1,496,115.00
101.62

3.65%
1,524,284.48
34,041.67

0.98%
28,169.48
Aa1/AA+
AA+

1.52 1.43
3133ERFJ5 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 05/20/2027 1,000,000.00 05/20/2024

4.69%
994,830.00
994,830.00
101.28

3.69%
1,012,783.88
16,375.00

0.65%
17,953.88
Aa1/AA+
AA+

1.64 1.54
3130ATS57 FEDERAL HOME LOAN BANKS 4.5
03/10/2028 3,000,000.00 03/24/2025

4.02%
3,039,480.00
3,039,480.00
101.87

3.69%
3,056,053.86
7,875.00

1.97%
16,573.86
Aa1/AA+
AA+

2.44 2.29
3130AVVX7 FEDERAL HOME LOAN BANKS 3.75
06/09/2028 1,120,000.00 06/07/2023

4.00%
1,107,243.20
1,107,243.20
100.31

3.62%
1,123,515.23
13,066.67

0.72%
16,272.03
Aa1/AA+
AA+

2.69 2.51
3130AWC24 FEDERAL HOME LOAN BANKS 4.0
06/09/2028 2,000,000.00 07/06/2023

4.49%
1,956,940.00
1,956,940.00
100.92

3.64%
2,018,330.40
24,888.89

1.30%
61,390.40
Aa1/AA+
AA+

2.69 2.50
3133EPWK7 FEDERAL FARM CREDIT BANKS
FUNDING CORP 4.5 09/22/2028 2,000,000.00 10/12/2023

4.71%
1,981,460.00
1,981,460.00
102.22

3.70%
2,044,474.08
2,250.00

1.32%
63,014.08
Aa1/AA+
AA+

2.98 2.77
Total Agency 28,675,000.00 4.56%
28,593,724.20
28,593,724.20
101.03

3.71%
28,968,364.15
248,002.64

18.63%
374,639.95

1.47 1.39

AGENCY CMBS
3137BSP72 FHMS K-058 A2 2.653 08/25/2026 2,000,000.00 02/09/2023

4.35%
1,890,546.88
1,890,546.88

98.82 3.87%
1,976,431.60
4,421.67

1.27%
85,884.72
Aa1/AA+
AAA

0.90 0.84
3137BTUM1 FHMS K-061 A2 3.347 11/25/2026 862,134.04 09/22/2022

4.23%
831,184.78
831,184.78

99.00 4.12%
853,551.24
2,404.64

0.55%
22,366.46
Aa1/AA+
AAA

1.15 1.03
3137BVZ82 FHMS K-063 A2 3.43 01/25/2027 862,000.00 --

4.09%
839,600.51
839,600.51

99.36 3.82%
856,512.77
2,463.88

0.55%
16,912.26
Aa1/AA+
AAA

1.32 1.13
3137F1G44 FHMS K-065 A2 3.243 04/25/2027 1,000,000.00 09/19/2022

4.08%
965,468.75
965,468.75

98.94 3.86%
989,401.80
2,702.50

0.64%
23,933.05
Aa1/AA+
AAA

1.57 1.42
3137FBU79 FHMS K-069 A2 3.187 09/25/2027 1,220,412.99 05/18/2023

4.13%
1,172,311.56
1,172,311.56

98.57 3.87%
1,202,995.86
3,241.21

0.77%
30,684.30
Aa1/AAA
AA+

1.99 1.84
3137F4X72 FHMS K-075 A2 3.65 02/25/2028 1,165,000.00 09/14/2023

4.92%
1,107,478.13
1,107,478.13

99.36 3.86%
1,157,576.15
3,543.54

0.74%
50,098.02
Aa1/AA+
AAA

2.41 2.23
3137FJEH8 FHMS K-081 A2 3.9 08/25/2028 1,250,000.00 05/28/2024

4.94%
1,197,265.63
1,197,265.63

99.91 3.87%
1,248,869.13
4,062.50

0.80%
51,603.50
Aa1/AA+
AAA

2.90 2.67
3137FK4M5 FHMS K-085 A2 4.06 10/25/2028 2,000,000.00 05/07/2025

4.12%
1,990,703.13
1,990,703.13
100.33

3.88%
2,006,583.60
6,766.67

1.29%
15,880.47
Aaa/AA+
AA+

3.07 2.80
29 330

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
3137H5YC5 FHMS K-748 A2 2.26 01/25/2029 1,500,000.00 08/19/2024

4.12%
1,385,332.03
1,385,332.03

94.85 3.94%
1,422,744.75
2,825.00

0.92%
37,412.72
Aa1/AA+
AAA

3.32 3.06
3137FLMV3 FHMS K-090 A2 3.422 02/25/2029 2,000,000.00 03/27/2025

4.30%
1,932,500.00
1,932,500.00

98.38 3.90%
1,967,545.60
5,703.33

1.27%
35,045.60
Aa1/AAA
AA+

3.41 3.10
3137HA4B9 FHMS K-751 A2 4.412 03/25/2030 2,000,000.00 03/26/2025

4.37%
1,997,890.63
1,997,890.63
101.30

4.03%
2,025,980.60
7,353.33

1.30%
28,089.97
Aaa/AA+
AA+

4.48 3.71
15,310,282.03 99.07 15,708,193.10 10.10% 2.60
Total Agency CMBS 15,859,547.03 4.33% 15,310,282.03 3.91% 45,488.27 397,911.07 2.33 CASH
CCYUSD Receivable 4,342.34 -- 4,342.34
4,342.34

1.00 0.00%
4,342.34

0.00 0.00%

0.00 Aaa/AAA
AAA

0.00 0.00
4,342.34 1.00 4,342.34 0.00% 0.00
Total Cash 4,342.34 4,342.34 0.00% 0.00 0.00 0.00

CORPORATE
023135CN4 AMAZON.COM INC 4.6
12/01/2025 425,000.00 11/29/2022

4.60%
424,974.50
424,974.50
100.07

4.11%
425,299.41
6,516.67

0.27%
324.91
A1/AA
AA-

0.17 0.17
037833BY5 APPLE INC 3.25 02/23/2026 1,000,000.00 02/22/2023

4.72%
959,390.00
959,390.00

99.69 4.04%
996,861.21
3,430.56

0.64%
37,471.21
Aaa/AA+
NA

0.40 0.39
57629W6F2 MASSMUTUAL GLOBAL FUNDING
II 4.5 04/10/2026 750,000.00 04/04/2023

4.52%
749,482.50
749,482.50
100.25

4.01%
751,891.02
16,031.25

0.48%
2,408.52
Aa3/AA+
AA+

0.53 0.50
00440EAV9 CHUBB INA HOLDINGS LLC 3.35
05/03/2026 1,000,000.00 09/13/2023

5.23%
954,220.00
954,220.00

99.58 4.07%
995,810.58
13,772.22

0.64%
41,590.58
A2/A
A

0.59 0.57
58989V2F0 MET TOWER GLOBAL FUNDING

5.4 06/20/2026 1,000,000.00 06/12/2023

5.38%
1,000,440.00
1,000,440.00
100.92

4.07%
1,009,236.03
15,150.00

0.65%
8,796.03
Aa3/AA-
AA-

0.72 0.69
69371RS56 PACCAR FINANCIAL CORP 5.05
08/10/2026 1,450,000.00 --

4.99%
1,451,925.00
1,451,925.00
100.99

3.86%
1,464,411.19
10,373.54

0.94%
12,486.19
A1/A+
NA

0.86 0.83
06428CAA2 BANK OF AMERICA NA 5.526
08/18/2026 1,000,000.00 09/13/2023

5.57%
998,810.00
998,810.00
101.24

4.07%
1,012,440.42
6,600.50

0.65%
13,630.42
Aa2/A+
AA

0.88 0.77
713448FW3 PEPSICO INC 5.125 11/10/2026 510,000.00 11/08/2023

5.13%
509,862.30
509,862.30
101.31

3.90%
516,706.41
10,237.19

0.33%
6,844.11
A1/A+
NA

1.11 0.97
30 331

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
48125LRU8 JPMORGAN CHASE BANK NA 5.11
12/08/2026 1,575,000.00 --

5.08%
1,576,460.00
1,576,460.00
101.26

4.01%
1,594,818.46
25,262.56

1.03%
18,358.46
Aa2/AA-
AA

1.19 1.05
24422EXF1 JOHN DEERE CAPITAL CORP 4.5
01/08/2027 1,000,000.00 01/10/2024

4.52%
999,460.00
999,460.00
100.79

3.85%
1,007,883.89
10,375.00

0.65%
8,423.89
A1/A
A+

1.27 1.21
78016HZT0 ROYAL BANK OF CANADA 4.875
01/19/2027 1,245,000.00 01/10/2024

4.88%
1,244,688.75
1,244,688.75
101.15

3.95%
1,259,373.85
12,138.75

0.81%
14,685.10
A1/A
AA-

1.30 1.24
17275RBQ4 CISCO SYSTEMS INC 4.8
02/26/2027 1,500,000.00 02/29/2024

4.78%
1,500,810.00
1,500,810.00
101.20

3.91%
1,518,008.40
7,000.00

0.98%
17,198.40
A1/AA-
NA

1.41 1.26
857477CL5 STATE STREET CORP 4.993
03/18/2027 1,210,000.00 03/13/2024

4.99%
1,210,000.00
1,210,000.00
101.54

3.90%
1,228,624.77
2,181.66

0.79%
18,624.77
Aa3/A
AA-

1.46 1.32
665859AW4 NORTHERN TRUST CORP 4.0
05/10/2027 1,000,000.00 09/14/2022

4.23%
990,460.00
990,460.00
100.16

3.90%
1,001,557.92
15,666.67

0.64%
11,097.92
A2/A+
A+

1.61 1.44
009158AY2 AIR PRODUCTS AND CHEMICALS
INC 1.85 05/15/2027 1,500,000.00 02/09/2024

4.71%
1,371,945.00
1,371,945.00

96.81 3.90%
1,452,162.17
10,483.33

0.93%
80,217.17
A2/A
NA

1.62 1.56
437076DB5 HOME DEPOT INC 4.875
06/25/2027 740,000.00 --

4.95%
738,545.60
738,545.60
101.66

3.88%
752,247.49
9,620.00

0.48%
13,701.89
A2/A
A

1.73 1.56
09290DAH4 BLACKROCK INC 4.6 07/26/2027 750,000.00 07/18/2024

4.57%
750,645.00
750,645.00
101.33

3.83%
759,981.47
6,229.17

0.49%
9,336.47
Aa3/AA-
NA

1.82 1.64
532457CP1 ELI LILLY AND CO 4.15 08/14/2027 1,250,000.00 08/22/2024

4.10%
1,251,637.50
1,251,637.50
100.65

3.78%
1,258,153.58
6,772.57

0.81%
6,516.08
Aa3/A+
NA

1.87 1.70
023135BC9 AMAZON.COM INC 3.15
08/22/2027 1,000,000.00 07/30/2024

4.55%
960,450.00
960,450.00

98.91 3.75%
989,111.82
3,412.50

0.64%
28,661.82
A1/AA
AA-

1.89 1.81
89236TKJ3 TOYOTA MOTOR CREDIT CORP

4.55 09/20/2027 1,000,000.00 06/20/2024

4.89%
989,900.00
989,900.00
101.15

3.93%
1,011,534.73
1,390.28

0.65%
21,634.73
A1/A+
A+

1.97 1.87
64952WFJ7 NEW YORK LIFE GLOBAL FUNDING

3.9 10/01/2027 1,000,000.00 09/25/2024

3.91%
999,820.00
999,820.00

99.98 3.91%
999,842.54
19,500.00

0.64%

22.54 Aa1/AA+
AAA

2.00 1.91
91324PDE9 UNITEDHEALTH GROUP INC 2.95
10/15/2027 1,250,000.00 07/30/2024

4.60%
1,189,300.00
1,189,300.00

98.04 3.96%
1,225,543.93
17,003.47

0.79%
36,243.93
A2/A+
A

2.04 1.93
24422EXZ7 JOHN DEERE CAPITAL CORP 4.65
01/07/2028 700,000.00 01/06/2025

4.66%
699,790.00
699,790.00
101.63

3.89%
711,439.12
7,595.00

0.46%
11,649.12
A1/A
A+

2.27 2.12
64952WCX9 NEW YORK LIFE GLOBAL FUNDING

3.0 01/10/2028 1,000,000.00 08/26/2025

4.04%
976,720.00
976,720.00

97.85 4.00%
978,476.02
6,750.00

0.63%
1,756.02
Aa1/AA+
AAA

2.28 2.16
31 332

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
63743HFW7

NATIONAL RURAL UTILITIES
COOPERATIVE FINANCE CORP 4.75
02/07/2028
1,500,000.00 06/17/2025

4.40%
1,512,345.00
1,512,345.00
101.47

4.08%
1,522,115.61
10,687.50

0.98%
9,770.61
A2/NA
A

2.36 2.12
57629TBW6 MASSMUTUAL GLOBAL FUNDING
II 4.45 03/27/2028 1,340,000.00 03/20/2025

4.49%
1,338,405.40
1,338,405.40
100.99

4.03%
1,353,276.13
662.56

0.87%
14,870.73
Aa3/AA+
AA+

2.49 2.34
74456QBU9 PUBLIC SERVICE ELECTRIC AND
GAS CO 3.7 05/01/2028 750,000.00 06/22/2023

4.79%
715,005.00
715,005.00

99.43 3.93%
745,735.40
11,562.50

0.48%
30,730.40
A1/A
NA

2.59 2.40
341081GN1 FLORIDA POWER & LIGHT CO 4.4
05/15/2028 1,500,000.00 05/22/2023

4.64%
1,484,025.00
1,484,025.00
101.13

3.94%
1,516,906.07
24,933.33

0.98%
32,881.07
Aa2/A+
AA-

2.62 2.27
90331HPS6 US BANK NA 4.73 05/15/2028 1,330,000.00 05/12/2025

4.88%
1,330,000.00
1,330,000.00
100.89

4.49%
1,341,778.61
23,765.62

0.86%
11,778.61
A2/A+
A+

2.62 1.52
87612EBU9 TARGET CORP 4.35 06/15/2028 570,000.00 06/05/2025

4.35%
569,994.30
569,994.30
100.99

3.96%
575,668.80
7,645.13

0.37%
5,674.50
A2/A
A

2.71 2.43
26444HAE1 DUKE ENERGY FLORIDA LLC 3.8
07/15/2028 1,000,000.00 06/04/2025

4.32%
985,120.00
985,120.00

99.58 3.96%
995,839.82
8,022.22

0.64%
10,719.82
A1/A
NA

2.79 2.60
66815L2X6

NORTHWESTERN MUTUAL
GLOBAL FUNDING 4.125
08/25/2028
1,000,000.00 08/25/2025

4.03%
1,002,660.00
1,002,660.00
100.40

3.98%
1,003,967.34
4,125.00

0.65%
1,307.34
Aa1/AA+
AAA

2.90 2.70
74456QBX3 PUBLIC SERVICE ELECTRIC AND
GAS CO 3.65 09/01/2028 1,000,000.00 07/24/2025

4.23%
983,400.00
983,400.00

99.03 4.00%
990,321.95
3,041.67

0.64%
6,921.95
A1/A
NA

2.92 2.73
437076DH2 HOME DEPOT INC 3.75
09/15/2028 570,000.00 09/08/2025

3.77%
569,629.50
569,629.50

99.64 3.88%
567,942.57
950.00

0.37%
(1,686.93)
A2/A
A

2.96 2.77
713448GL6 PEPSICO INC 4.1 01/15/2029 1,000,000.00 07/24/2025

4.19%
997,190.00
997,190.00
100.35

3.98%
1,003,533.26
7,744.44

0.65%
6,343.26
A1/A+
NA

3.29 2.96
06368MJG0 BANK OF MONTREAL 5.004
01/27/2029 1,500,000.00 01/24/2025

4.96%
1,501,860.00
1,501,860.00
101.95

4.32%
1,529,205.09
13,344.00

0.98%
27,345.09
A2/A-
AA-

3.33 2.16
Total Corporate 37,915,000.00 4.65%
37,489,370.35
37,489,370.35
100.42

3.98%
38,067,707.06
359,976.86

24.49%
578,336.71

1.88 1.66

MONEY MARKET
FUND
31846V567 FIRST AMER:GVT OBLG Z 1,281,929.04 --

4.00%
1,281,929.04
1,281,929.04

1.00 4.00%
1,281,929.04

0.00 0.82%

0.00 Aaa/AAAm
AAA

0.00 0.00
32 333

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Money Market
Fund 1,281,929.04 4.00%
1,281,929.04
1,281,929.04

1.00 4.00%
1,281,929.04

0.00 0.82%

0.00 0.00

0.00 SUPRANATIONAL
459058LT8

INTERNATIONAL BANK FOR

RECONSTRUCTION AND
DEVELOPM 3.625 05/05/2028
1,335,000.00 04/29/2025

3.70%
1,332,036.30
1,332,036.30

99.91 3.66%
1,333,852.54
19,491.93

0.86%
1,816.24
Aaa/AAA
NA

2.60 2.42
459058KT9

INTERNATIONAL BANK FOR

RECONSTRUCTION AND
DEVELOPM 3.5 07/12/2028
500,000.00 07/24/2023

4.26%
483,115.00
483,115.00

99.52 3.68%
497,595.55
3,840.28

0.32%
14,480.55
Aaa/AAA
NA

2.78 2.61
Total Supranational 1,835,000.00 3.86%
1,815,151.30
1,815,151.30

99.81 3.67%
1,831,448.09
23,332.20

1.18%
16,296.79

2.65 2.47

US TREASURY
9128285J5 UNITED STATES TREASURY 3.0
10/31/2025 2,500,000.00 06/23/2022

3.02%
2,498,632.81
2,498,632.81

99.90 4.14%
2,497,588.00
31,385.87

1.61%
(1,044.81)
Aa1/AA+
AA+

0.08 0.08
912828M56 UNITED STATES TREASURY 2.25
11/15/2025 2,500,000.00 06/23/2022

3.11%
2,431,152.34
2,431,152.34

99.79 3.95%
2,494,726.55
21,246.60

1.60%
63,574.21
Aa1/AA+
AA+

0.13 0.12
9128285T3 UNITED STATES TREASURY 2.625
12/31/2025 2,500,000.00 09/14/2022

3.76%
2,412,792.97
2,412,792.97

99.66 3.99%
2,491,503.90
16,584.58

1.60%
78,710.93
Aa1/AA+
AA+

0.25 0.24
9128286L9 UNITED STATES TREASURY 2.25
03/31/2026 2,500,000.00 09/14/2022

3.74%
2,377,832.03
2,377,832.03

99.23 3.83%
2,480,664.05
154.53

1.60%
102,832.02
Aa1/AA+
AA+

0.50 0.49
91282CGV7 UNITED STATES TREASURY 3.75
04/15/2026 2,000,000.00 03/20/2024

4.63%
1,965,703.13
1,965,703.13

99.96 3.83%
1,999,101.56
34,631.15

1.29%
33,398.43
Aa1/AA+
AA+

0.54 0.52
912828U24 UNITED STATES TREASURY 2.0
11/15/2026 3,000,000.00 09/13/2023

4.66%
2,767,031.25
2,767,031.25

98.12 3.73%
2,943,515.64
22,663.04

1.89%
176,484.39
Aa1/AA+
AA+

1.13 1.09
912828YX2 UNITED STATES TREASURY 1.75
12/31/2026 1,750,000.00 12/27/2023

3.96%
1,641,240.23
1,641,240.23

97.64 3.70%
1,708,710.94
7,739.47

1.10%
67,470.71
Aa1/AA+
AA+

1.25 1.21
91282CEF4 UNITED STATES TREASURY 2.5
03/31/2027 2,500,000.00 11/17/2022

4.02%
2,349,414.06
2,349,414.06

98.31 3.67%
2,457,812.50
171.70

1.58%
108,398.44
Aa1/AA+
AA+

1.50 1.45
91282CEW7 UNITED STATES TREASURY 3.25
06/30/2027 1,300,000.00 12/12/2022

3.87%
1,266,687.50
1,266,687.50

99.35 3.63%
1,291,570.31
10,677.31

0.83%
24,882.81
Aa1/AA+
AA+

1.75 1.67
33 334

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
91282CFB2 UNITED STATES TREASURY 2.75
07/31/2027 2,000,000.00 07/26/2023

4.30%
1,887,109.38
1,887,109.38

98.44 3.64%
1,968,750.00
9,266.30

1.27%
81,640.62
Aa1/AA+
AA+

1.83 1.76
91282CFH9 UNITED STATES TREASURY 3.125
08/31/2027 2,500,000.00 01/24/2023

3.65%
2,445,117.19
2,445,117.19

99.07 3.63%
2,476,855.48
6,690.26

1.59%
31,738.29
Aa1/AA+
AA+

1.92 1.84
91282CFM8 UNITED STATES TREASURY 4.125
09/30/2027 1,600,000.00 02/22/2023

4.19%
1,595,500.00
1,595,500.00
100.96

3.62%
1,615,437.50
181.32

1.04%
19,937.50
Aa1/AA+
AA+

2.00 1.90
9128283F5 UNITED STATES TREASURY 2.25
11/15/2027 1,400,000.00 06/07/2023

4.05%
1,298,937.50
1,298,937.50

97.22 3.62%
1,361,062.50
11,898.10

0.88%
62,125.00
Aa1/AA+
AA+

2.13 2.03
91282CGH8 UNITED STATES TREASURY 3.5
01/31/2028 1,500,000.00 11/26/2024

4.24%
1,467,070.31
1,467,070.31

99.73 3.62%
1,496,015.63
8,845.11

0.96%
28,945.32
Aa1/AA+
AA+

2.34 2.21
9128283W8 UNITED STATES TREASURY 2.75
02/15/2028 2,750,000.00 09/27/2024

3.51%
2,684,257.81
2,684,257.81

98.02 3.63%
2,695,537.10
9,658.63

1.73%
11,279.29
Aa1/AA+
AA+

2.38 2.26
9128284V9 UNITED STATES TREASURY 2.875
08/15/2028 2,500,000.00 11/12/2024

4.34%
2,374,804.69
2,374,804.69

97.96 3.63%
2,448,925.78
9,179.69

1.58%
74,121.09
Aa1/AA+
AA+

2.88 2.72
91282CNY3 UNITED STATES TREASURY 3.375
09/15/2028 3,000,000.00 09/29/2025

3.64%
2,978,203.13
2,978,203.13

99.32 3.62%
2,979,609.36
4,475.14

1.92%
1,406.23
Aa1/AA+
AA+

2.96 2.78
91282CDF5 UNITED STATES TREASURY 1.375
10/31/2028 2,500,000.00 09/16/2025

3.50%
2,344,433.59
2,344,433.59

93.45 3.64%
2,336,132.80
14,385.19

1.50%
(8,300.79)
Aa1/AA+
AA+

3.08 2.95
9128285M8 UNITED STATES TREASURY 3.125
11/15/2028 2,000,000.00 04/22/2024

4.72%
1,870,625.00
1,870,625.00

98.48 3.64%
1,969,531.24
23,607.34

1.27%
98,906.24
Aa1/AA+
AA+

3.13 2.91
91282CKD2 UNITED STATES TREASURY 4.25
02/28/2029 2,250,000.00 01/30/2025

4.31%
2,244,726.56
2,244,726.56
101.90

3.65%
2,292,802.74
8,188.88

1.47%
48,076.18
Aa1/AA+
AA+

3.41 3.15
91282CLC3 UNITED STATES TREASURY 4.0
07/31/2029 2,000,000.00 10/29/2024

4.10%
1,991,093.75
1,991,093.75
101.11

3.69%
2,022,109.38
13,478.26

1.30%
31,015.63
Aa1/AA+
AA+

3.83 3.50
91282CFJ5 UNITED STATES TREASURY 3.125
08/31/2029 2,750,000.00 12/17/2024

4.26%
2,618,730.47
2,618,730.47

97.95 3.69%
2,693,710.94
7,359.29

1.73%
74,980.47
Aa1/AA+
AA+

3.92 3.64
91282CFT3 UNITED STATES TREASURY 4.0
10/31/2029 1,700,000.00 02/12/2025

4.49%
1,665,203.13
1,665,203.13
101.13

3.70%
1,719,125.00
28,456.52

1.11%
53,921.87
Aa1/AA+
AA+

4.08 3.68
91282CFY2 UNITED STATES TREASURY 3.875
11/30/2029 3,000,000.00 03/24/2025

4.06%
2,976,679.69
2,976,679.69
100.64

3.71%
3,019,335.93
39,067.62

1.94%
42,656.24
Aa1/AA+
AA+

4.17 3.77
91282CGB1 UNITED STATES TREASURY 3.875
12/31/2029 3,000,000.00 07/30/2025

3.91%
2,995,312.50
2,995,312.50
100.64

3.71%
3,019,218.75
29,378.40

1.94%
23,906.25
Aa1/AA+
AA+

4.25 3.85
Total US Treasury 57,000,000.00 3.97%
55,148,291.02
55,148,291.02

99.12 3.72%
56,479,353.56
369,370.30

36.33%
1,331,062.54

2.25 2.10
34 335

Gain/Loss
Moody's/
S&P/
Fitch
Maturity
Duration
Total Portfolio 155,571,898.48 4.35%
152,638,477.12
152,638,477.12

99.14 3.83%
155,466,858.92
1,069,941.11
100.00%
2,828,381.80

2.13 1.81
Total Market Value +
Accrued 156,536,800.03
35 336

TRANSACTIONS
36 337

TRANSACTION LEDGER
City of Murrieta | Account |07/01/2025 Through 09/30/2025| Transaction
Type
Settlement
Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/
Sold Total Amount Gain/Loss

ACQUISITIONS
Purchase 07/25/2025 74456QBX3 1,000,000.00

PUBLIC SERVICE

ELECTRIC AND GAS CO

3.65 09/01/2028

98.340 4.23% (983,400.00) (14,600.00) (998,000.00) 0.00 Purchase 07/25/2025 713448GL6 1,000,000.00 PEPSICO INC 4.1 01/15/2029 99.719 4.19% (997,190.00) (227.78) (997,417.78) 0.00 Purchase 07/31/2025 91282CGB1 3,000,000.00

UNITED STATES
TREASURY 3.875
12/31/2029

99.844 3.91% (2,995,312.50) (9,792.80) (3,005,105.30) 0.00 Purchase 08/26/2025 66815L2X6 1,000,000.00

NORTHWESTERN

MUTUAL GLOBAL
FUNDING 4.125
08/25/2028
100.266 4.03% (1,002,660.00) (114.58) (1,002,774.58) 0.00 Purchase 08/27/2025 64952WCX9 1,000,000.00

NEW YORK LIFE
GLOBAL FUNDING 3.0
01/10/2028

97.672 4.04% (976,720.00) (3,916.67) (980,636.67) 0.00
Purchase 09/15/2025 437076DH2 570,000.00 HOME DEPOT INC 3.75 09/15/2028 99.935 3.77% (569,629.50) 0.00 (569,629.50) 0.00 Purchase 09/17/2025 91282CDF5 2,500,000.00

UNITED STATES
TREASURY 1.375
10/31/2028

93.777 3.50% (2,344,433.59) (13,077.45) (2,357,511.04) 0.00 Purchase 09/30/2025 91282CNY3 3,000,000.00

UNITED STATES
TREASURY 3.375
09/15/2028

99.273 3.64% (2,978,203.13) (4,195.44) (2,982,398.57) 0.00 Total Purchase 13,070,000.00 (12,847,548.72) (45,924.72) (12,893,473.44) 0.00 TOTAL
ACQUISITIONS 13,070,000.00 (12,847,548.72) (45,924.72) (12,893,473.44) 0.00

DISPOSITIONS
Call Redemption 07/17/2025 61747YET8 (1,000,000.00) MORGAN STANLEY

4.679 07/17/2026 100.000 5.45% 1,000,000.00 0.00 1,000,000.00 5,970.00 Total Call
Redemption (1,000,000.00) 1,000,000.00 0.00 1,000,000.00 5,970.00 Maturity 07/31/2025 91282CAB7 (2,000,000.00)

UNITED STATES
TREASURY 0.25
07/31/2025
100.000 1.06% 2,000,000.00 0.00 2,000,000.00 57,968.75
37 338

CATERPILLAR

FINANCIAL SERVICES
CORP 3.65 08/12/2025
100.000 3.69% 1,375,000.00 0.00 1,375,000.00 1,663.75
Maturity 08/15/2025 26442UAA2 (1,000,000.00)

DUKE ENERGY
PROGRESS LLC 3.25
08/15/2025
100.000 3.57% 1,000,000.00 0.00 1,000,000.00 9,290.00
Maturity 09/15/2025 437076CR1 (1,000,000.00) HOME DEPOT INC 4.0 09/15/2025 100.000 4.13% 1,000,000.00 0.00 1,000,000.00 3,620.00 Maturity 09/30/2025 9128285C0 (3,250,000.00)

UNITED STATES
TREASURY 3.0
09/30/2025
100.000 2.90% 3,250,000.00 0.00 3,250,000.00 (9,882.81) Total Maturity (8,625,000.00) 8,625,000.00 0.00 8,625,000.00 62,659.69 TOTAL
DISPOSITIONS (9,625,000.00) 9,625,000.00 0.00 9,625,000.00 68,629.69 38 339

IMPORTANT DISCLOSURES
2025 Chandler Asset Management, Inc, An Independent Registered Investment Adviser.

Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A.

Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio.

Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index.

Source ICE Data Indices, LLC (“ICE”), used with permission. ICE permits use of the ICE indices and related data on an “as is” basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an “as is” basis and licensee’s use it at licensee’s own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services.

This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment.

Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates.

Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy.

Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest. 39 340

BENCHMARK DISCLOSURES
Benchmark Disclosure
ICE BofA 1-3 Yr US Treasury Index
The ICE BofA 1-3 Year US Treasury Index tracks the performance of US dollar-denominated sovereign debt publicly issued by the US government in its domestic market. Qualifying securities must have at least one year remaining term to final maturity and less than three years remaining term to final maturity, a fixed coupon schedule, and a minimum amount outstanding of $1 billion.

Qualifying securities must have at least 18 months to final maturity at the time of issuance. 40 341
MALIA M. COHEN
California State Controller

LOCAL AGENCY INVESTMENT FUND

REMITTANCE ADVICE
Agency Name MURRIETA
Account Number
As of 10/15/2025, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 9/30/2025.

Earnings Ratio 0.00011893333163814
Interest Rate 4.34%
Dollar Day Total $ 185,679,538.58
Quarter End Principal Balance $ 2,021,589.77
Quarterly Interest Earned $ 22,083.49
10/15/25, 7:41 AM laif.sco.ca.gov/Home/Result/fe11ee83-898b-4186-bb81-aa7ac3028a0d https://laif.sco.ca.gov/Home/Result/fe11ee83-898b-4186-bb81-aa7ac3028a0d 1/1342

STAGECOACH SWEEP
WELLS FARGO BANK, N.A.

THIS STATEMENT COVERS 07/01/2025 THROUGH 07/31/2025

FUNDS HELD ON COMPANY'S BEHALF IN THE OMNIBUS DEPOSIT ACCOUNT AT BANK ARE

DEPOSITS AND ARE ELIGIBLE FOR FDIC INSURANCE IN ACCORDANCE WITH FDIC RULES AND LIMITS. COMPANY'S MMMF SHARES HELD IN THE OMNIBUS INVESTMENT ACCOUNT IN

BANK'S NAME AT THE CUSTODIAN OF THE MMMF ARE NOT DEPOSITS AND ARE NOT ELIGIBLE FOR FDIC INSURANCE. COMPANY IS THE OWNER OF ITS MMMF SHARES.

ALLSPRING GOVERNMENT FUND SELECT CLS
Transaction Detail
Date Description Amount
7-01-2025 Beginning Balance 133,938,319.35
7-01-2025 Sweep Funds Return To DDA 619,660.71
7-02-2025 Next Day Sweep Purchase 327,112.49
7-03-2025 Sweep Funds Return To DDA 601,201.08
7-07-2025 Sweep Funds Return To DDA 31,903.38
7-08-2025 Next Day Sweep Purchase 378,708.81
7-09-2025 Sweep Funds Return To DDA 2,015,199.91
7-10-2025 Sweep Funds Return To DDA 531,716.03
7-11-2025 Sweep Funds Return To DDA 19,491.70
7-14-2025 Sweep Funds Return To DDA 6,673,022.00
7-15-2025 Sweep Funds Return To DDA 140,279.19
7-16-2025 Sweep Funds Return To DDA 288,076.07
7-17-2025 Sweep Funds Return To DDA 65,732.30
7-18-2025 Sweep Funds Return To DDA 912,798.66
7-21-2025 Sweep Funds Return To DDA 129,605.07
7-22-2025 Sweep Funds Return To DDA 6,623,175.27
7-23-2025 Sweep Funds Return To DDA 1,363,110.78
7-24-2025 Next Day Sweep Purchase 150,158.67
7-25-2025 Next Day Sweep Purchase 4,523,091.17
7-28-2025 Next Day Sweep Purchase 536,660.09
7-29-2025 Sweep Funds Return To DDA 144,482.77
7-30-2025 Sweep Funds Return To DDA 230,926.83
7-31-2025 Next Day Sweep Purchase 80,736.69
7-31-2025 Ending Balance 119,544,405.52
Daily Balance Information
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 07-01 133,318,658.64 4.276 % .000117168 15,620.68
07-02 133,645,771.13 4.270 % .000117006 15,637.36

Page 1 of 2 ends

CITY OF MURRIETA

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

FUND SUMMARY
Dividends Earned YTD 2,980,561.07
Federal Withholding YTD .00
7-Day Simple Yield 4.23882 %
Federal Withholding .00
Beginning Balance 133,938,319.35
Shares Purchased 5,996,467.92 +
Shares Redeemed 20,390,381.75 -
Ending Balance 119,544,405.52
Prior Month Dividends Paid to Checking 460,536.57
Dividends Earned in Current Month 449,183.91
Funds Pending Redemption 184,152.65-
343

STAGECOACH SWEEP
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 07-03 133,044,570.05 4.240 % .000116186 15,457.92
07-04* 133,012,666.67 4.240 % .000116186 15,454.21
07-05* 133,012,666.67 4.240 % .000116186 15,454.21
07-06* 133,012,666.67 4.240 % .000116186 15,454.21
07-07 133,012,666.67 4.225 % .000115767 15,398.48
07-08 133,391,375.48 4.227 % .000115821 15,449.52
07-09 131,376,175.57 4.227 % .000115816 15,215.46
07-10 130,844,459.54 4.218 % .000115568 15,121.43
07-11 130,824,967.84 4.216 % .000115534 15,114.73
07-12* 124,151,945.84 4.216 % .000115534 14,343.77
07-13* 124,151,945.84 4.216 % .000115534 14,343.77
07-14 124,151,945.84 4.225 % .000115760 14,371.83
07-15 124,011,666.65 4.245 % .000116304 14,423.05
07-16 123,723,590.58 4.241 % .000116204 14,377.18
07-17 123,657,858.28 4.236 % .000116063 14,352.10
07-18 122,745,059.62 4.217 % .000115553 14,183.56
07-19* 122,615,454.55 4.217 % .000115553 14,168.58
07-20* 122,615,454.55 4.217 % .000115553 14,168.58
07-21 122,615,454.55 4.202 % .000115144 14,118.43
07-22 115,992,279.28 4.199 % .000115042 13,343.98
07-23 114,629,168.50 4.199 % .000115059 13,189.12
07-24 114,779,327.17 4.210 % .000115345 13,239.22
07-25 119,302,418.34 4.238 % .000116126 13,854.11
07-26* 119,302,418.34 4.238 % .000116126 13,854.11
07-27* 119,302,418.34 4.238 % .000116126 13,854.11
07-28 119,839,078.43 4.252 % .000116504 13,961.73
07-29 119,694,595.66 4.242 % .000116230 13,912.10
07-30 119,463,668.83 4.229 % .000115873 13,842.61
07-31 119,544,405.52 4.245 % .000116306 13,903.73
TOTAL MTD 449,183.88
* Indicates non-business day
THANK YOU FOR BANKING WITH WELLS FARGO.

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

This material must be accompanied or preceded by a current prospectus for name of the Fund(s) selected. Please read the prospectus carefully before investing.
07/01/2025 - 07/31/2025

Page 2 of 2 ends

Account Number - DDA
344

STAGECOACH SWEEP
WELLS FARGO BANK, N.A.

THIS STATEMENT COVERS 08/01/2025 THROUGH 08/31/2025

FUNDS HELD ON COMPANY'S BEHALF IN THE OMNIBUS DEPOSIT ACCOUNT AT BANK ARE

DEPOSITS AND ARE ELIGIBLE FOR FDIC INSURANCE IN ACCORDANCE WITH FDIC RULES AND LIMITS. COMPANY'S MMMF SHARES HELD IN THE OMNIBUS INVESTMENT ACCOUNT IN

BANK'S NAME AT THE CUSTODIAN OF THE MMMF ARE NOT DEPOSITS AND ARE NOT ELIGIBLE FOR FDIC INSURANCE. COMPANY IS THE OWNER OF ITS MMMF SHARES.

ALLSPRING GOVERNMENT FUND SELECT CLS
Transaction Detail
Date Description Amount
8-01-2025 Beginning Balance 119,544,405.52
8-01-2025 Sweep Funds Return To DDA 184,152.65
8-04-2025 Next Day Sweep Purchase 182,652.59
8-05-2025 Next Day Sweep Purchase 26,459.80
8-06-2025 Sweep Funds Return To DDA 753,282.81
8-07-2025 Sweep Funds Return To DDA 1,635,906.17
8-08-2025 Sweep Funds Return To DDA 36,631.60
8-11-2025 Next Day Sweep Purchase 170,369.13
8-12-2025 Sweep Funds Return To DDA 620,329.93
8-13-2025 Sweep Funds Return To DDA 77,528.35
8-14-2025 Sweep Funds Return To DDA 183,529.62
8-15-2025 Next Day Sweep Purchase 33,509.91
8-18-2025 Next Day Sweep Purchase 354,753.77
8-19-2025 Next Day Sweep Purchase 2,228,107.48
8-20-2025 Sweep Funds Return To DDA 2,139,748.19
8-21-2025 Sweep Funds Return To DDA 594,717.95
8-22-2025 Sweep Funds Return To DDA 131,063.33
8-25-2025 Sweep Funds Return To DDA 412,549.06
8-26-2025 Sweep Funds Return To DDA 146,329.56
8-27-2025 Next Day Sweep Purchase 4,346,089.19
8-28-2025 Next Day Sweep Purchase 730.35
8-29-2025 Next Day Sweep Purchase 112,953.89
8-31-2025 Ending Balance 120,084,262.41
Daily Balance Information
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 08-01 119,360,252.87 4.225 % .000115761 13,817.26
08-02* 119,360,252.87 4.225 % .000115761 13,817.26
08-03* 119,360,252.87 4.225 % .000115761 13,817.26

Page 1 of 2 ends

CITY OF MURRIETA

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

FUND SUMMARY
Dividends Earned YTD 3,403,469.85
Federal Withholding YTD .00
7-Day Simple Yield 4.22707 %
Federal Withholding .00
Beginning Balance 119,544,405.52
Shares Purchased 7,455,626.11 +
Shares Redeemed 6,915,769.22 -
Ending Balance 120,084,262.41
Prior Month Dividends Paid to Checking 449,183.91
Dividends Earned in Current Month 422,908.78
Funds Pending Investment 413,208.24
345

STAGECOACH SWEEP
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 08-04 119,542,905.46 4.213 % .000115449 13,801.11
08-05 119,569,365.26 4.222 % .000115693 13,833.34
08-06 118,816,082.45 4.222 % .000115684 13,745.12
08-07 117,180,176.28 4.226 % .000115798 13,569.23
08-08 117,143,544.68 4.233 % .000115994 13,587.95
08-09* 117,143,544.68 4.233 % .000115994 13,587.95
08-10* 117,143,544.68 4.233 % .000115994 13,587.95
08-11 117,313,913.81 4.230 % .000115914 13,598.33
08-12 116,693,583.88 4.236 % .000116055 13,542.87
08-13 116,616,055.53 4.229 % .000115890 13,514.63
08-14 116,432,525.91 4.224 % .000115731 13,474.85
08-15 116,466,035.82 4.234 % .000116011 13,511.34
08-16* 116,466,035.82 4.234 % .000116011 13,511.34
08-17* 116,466,035.82 4.234 % .000116011 13,511.34
08-18 116,820,789.59 4.232 % .000115952 13,545.60
08-19 119,048,897.07 4.227 % .000115830 13,789.43
08-20 116,909,148.88 4.221 % .000115653 13,520.89
08-21 116,314,430.93 4.220 % .000115637 13,450.25
08-22 116,183,367.60 4.236 % .000116056 13,483.78
08-23* 115,770,818.54 4.236 % .000116056 13,435.90
08-24* 115,770,818.54 4.236 % .000116056 13,435.90
08-25 115,770,818.54 4.235 % .000116050 13,435.20
08-26 115,624,488.98 4.243 % .000116265 13,443.08
08-27 119,970,578.17 4.239 % .000116153 13,934.94
08-28 119,971,308.52 4.228 % .000115861 13,900.00
08-29 120,084,262.41 4.225 % .000115765 13,901.55
08-30* 120,084,262.41 4.225 % .000115765 13,901.55
08-31* 120,084,262.41 4.225 % .000115765 13,901.55
TOTAL MTD 422,908.75
* Indicates non-business day
THANK YOU FOR BANKING WITH WELLS FARGO.

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

This material must be accompanied or preceded by a current prospectus for name of the Fund(s) selected. Please read the prospectus carefully before investing.
08/01/2025 - 08/31/2025

Page 2 of 2 ends

Account Number - DDA
346

STAGECOACH SWEEP
WELLS FARGO BANK, N.A.

THIS STATEMENT COVERS 09/01/2025 THROUGH 09/30/2025

FUNDS HELD ON COMPANY'S BEHALF IN THE OMNIBUS DEPOSIT ACCOUNT AT BANK ARE

DEPOSITS AND ARE ELIGIBLE FOR FDIC INSURANCE IN ACCORDANCE WITH FDIC RULES AND LIMITS. COMPANY'S MMMF SHARES HELD IN THE OMNIBUS INVESTMENT ACCOUNT IN

BANK'S NAME AT THE CUSTODIAN OF THE MMMF ARE NOT DEPOSITS AND ARE NOT ELIGIBLE FOR FDIC INSURANCE. COMPANY IS THE OWNER OF ITS MMMF SHARES.

ALLSPRING GOVERNMENT FUND SELECT CLS
Transaction Detail
Date Description Amount
9-01-2025 Beginning Balance 120,084,262.41
9-02-2025 Next Day Sweep Purchase 413,208.24
9-03-2025 Next Day Sweep Purchase 148,256.45
9-04-2025 Sweep Funds Return To DDA 1,494,744.22
9-05-2025 Sweep Funds Return To DDA 12,911.93
9-08-2025 Sweep Funds Return To DDA 1,407,286.54
9-09-2025 Sweep Funds Return To DDA 816,922.92
9-10-2025 Sweep Funds Return To DDA 614,395.23
9-11-2025 Next Day Sweep Purchase 61,448.04
9-12-2025 Next Day Sweep Purchase 27,982.26
9-15-2025 Sweep Funds Return To DDA 223,630.36
9-16-2025 Sweep Funds Return To DDA 223,854.45
9-17-2025 Sweep Funds Return To DDA 361,890.73
9-18-2025 Sweep Funds Return To DDA 1,898,527.04
9-19-2025 Next Day Sweep Purchase 21,881.15
9-22-2025 Sweep Funds Return To DDA 342,584.84
9-23-2025 Sweep Funds Return To DDA 1,656,434.03
9-24-2025 Next Day Sweep Purchase 5,098,480.21
9-25-2025 Next Day Sweep Purchase 57.09
9-26-2025 Sweep Funds Return To DDA 512,636.47
9-29-2025 Next Day Sweep Purchase 118,876.71
9-30-2025 Sweep Funds Return To DDA 385,479.65
9-30-2025 Ending Balance 116,023,154.15
Daily Balance Information
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 09-01* 120,084,262.41 4.225 % .000115765 13,901.55
09-02 120,497,470.65 4.219 % .000115599 13,929.39
09-03 120,645,727.10 4.227 % .000115818 13,972.95

Page 1 of 2 ends

CITY OF MURRIETA

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

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

This material must be accompanied or preceded by a current prospectus for name of the Fund(s) selected. Please read the prospectus carefully before investing.
09/01/2025 - 09/30/2025

Page 2 of 2 ends

Account Number - DDA
348
349

CITY OF MURRIETA
City Council Meeting Agenda
Report
11/18/2025
Agenda Item No. 6.

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

Murrieta Children’s Library Expansion Project - Furniture, Fixtures & Equipment

RECOMMENDATION
Authorize the purchase and installation of furniture, fixtures, and equipment for the Murrieta Children’sLibrary Expansion Project in an amount not-to-exceed $506,146.05; and Authorize the City Manager and/or designee to execute all necessary documents to facilitate the purchase of the furniture, fixtures, and equipment for the Expansion Project.

PRIOR ACTION/VOTE
On May 7, 2024, the City Council approved Agreements for On-Call Vertical Construction/Project Management Consulting Services between the City of Murrieta and RWBID Construction Management LLC, Griffin Structures, and Transtech Engineering (Vote: 5-0).

On June 18, 2024, the City Council approved moving forward to the next phase of project design for the Murrieta Children’sLibrary Expansion; approved a recommended project financing strategy, including the use of an interfund loan, grant funds, already established Development Impact Fees, and donations; authorized the City Manager to approve a change order for $222,700 to SVA Architects, Inc., for the next phase of design services; and approved a purchase order for $475,000 to RWBID Construction Management, LLC, for project and construction management services (Vote: 4-0-1).

On June 3, 2025, Joint Resolution No. 25-4837 was adopted by the City Council and the Boards of Directors of the Murrieta Library District, Murrieta Community Services District, the Successor Agency to the Murrieta Redevelopment Agency, and Murrieta Housing Authority, approving the Operating Budget for Fiscal Years 2025/26 and 2026/27 (Vote: 5- 0).

On June 3, 2025, a Joint Resolution No. 25-4836 was adopted by the City Council and the Boards of Directors of the Murrieta Library District, Murrieta Community Services District, and the Successor Agency to the Murrieta Redevelopment Agency, Approving the Capital Improvement Plan Budget for Fiscal Year 2025/26, Approving the Fiscal Years 2025/26 to 2029/30 Capital Improvement Plan (Vote: 5-0).

On August 19, 2025, the City Council approved and authorized the amendment of the Fiscal Year 2025/26 Operating and Capital Improvement Plan budgets to provide an additional budget appropriation for Capital CITY OF MURRIETA Printed on 11/13/2025Page 1 of 3
powered by Legistar™
350
11/18/2025
Agenda Item No. 6.

Operating and Capital Improvement Plan budgets to provide an additional budget appropriation for Capital Improvement Project No. 21027; approved and authorized the appropriation of $3,500,000, from the Measure T Sustainability Reserve Account; approved and authorized the adoption of Resolution No. 25-4884 entitled: A Resolution of the City Council of the City of Murrieta, California, an Interfund Loan up to $3,500,000, from the Measure T Fund to the Library Development Impact Fee Fund to Partially Fund the Children’s Library Expansion Project (CIP 21027); a Second Amendment and Change Order to Purchase Order P03681, SVA Architects, Inc., in the amount of $55,603, for architectural design services and out-of-scope work; approved and authorized the award of the construction contract for the Murrieta Children's Library Expansion, Capital Improvement Project No. 21027, to the lowest responsible bidder, R.C. Construction, in the amount of $5,188,600, plus a 15% contingency; and approved and authorized the Mayor to execute the agreements (Vote: 5-0).

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

DISCUSSION
The City of Murrieta (City) is currently completing the Children’sLibrary Expansion Project. This project will provide additional space, furnishings, and technology to better serve the growing number of families and children who use the Murrieta Public Library.

As part of the expansion, specialized furniture, fixtures, and equipment (FF&E) are required to support early literacy, programming, and safe, durable seating and workspaces. Due to current market conditions and extended manufacturing and delivery times for custom library furnishings, staff recommends placing the order early to ensure timely installation and project completion.

Staff has identified suitable FF&E items through the California Multiple Award Schedules (CMAS), a recognized cooperative purchasing program that satisfies competitive bidding requirements under state and local procurement laws. Utilizing a cooperative purchasing agreement provides cost savings, administrative efficiency, and guarantees compliance with procurement standards while expediting the ordering process.

Section 3.08.295 of the Municipal Code authorizes the City to join with other public and quasi-public agencies in a cooperative purchasing program for the purchase of supplies, services, and/or equipment from a vendor at a price established by another public agency when the other agency has made its purchase in a competitive manner. Early procurement of the FF&E will also mitigate potential project delays and ensure that the expanded Children’s Area is ready for public use upon construction completion.

The vendor for the furniture will be Yamada Enterprises, which specializes in furniture for libraries. The attached quote provides detailed information on the furniture purchase, including images. The purchase includes book shelving; study space furniture; specialty items for the toddler, children, and tween zones; tables and cabinetry for the story time rooms; furniture for the staff workspaces; a reception desk; and decorative pieces to coordinate with the planned tree theme. The pricing also includes shipping and installation.

FISCAL IMPACT
Funding for this purchase is included in the approved Children’sLibrary Expansion Project CIP No. 21027 budget. No additional appropriations are required. The not-to-exceed purchase amount is $506,146.05, which covers all identified FF&E components, freight, structural calculations, and installation.

CITY OF MURRIETA Printed on 11/13/2025Page 2 of 3
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11/18/2025
Agenda Item No. 6.

ATTACHMENTS

1. FF&E Quotation #24258-N-R1

2. CMAS Agreement #4-24-08-1008
CITY OF MURRIETA Printed on 11/13/2025Page 3 of 3
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QUOTATION # 24258-N-R1
16552 Burke Lane, Huntington Beach, CA 92647-4538
(714) 843-9882 • (800) 444-4594 • FAX (714) 843-9202
To: Date: 10/11/2025
Job Location: Murrieta
Est. Lead Time: 18-20 weeks
Freight: Included
F.O.B.: Destination
Terms: Net 30
ITEM QTY. PART NO. DESCRIPTION UNIT PRICE EXTENSION
Children's Area

1. 1 LOT Estey Cantilever Shelving with metal end
panels and metal canopy tops per the attached
floor plan. Includes (20) 52"H x 36"W x 24"D
Mobile Double-Faced Shelving units with (6)
integral back shelves, and (6) 48"H x 12"D
Single-Face Shelving units with (3) integral
back shelves.

Laminate: TBD
Frame/Shelf Paint Color: Soft White
Steel Ends/Tops Paint Color: Soft White
47,795.00 $ 47,795.00
Baby Zone

2. 4 Worden fg library Cube Browser with
Upholstered Seat, 32"W x 16"D x 20.5"H
Laminate: TBD
Fabric: TBS (CF Stinson Cassidy 2 or
CF Stinson Flanders)
1,242.00 $ 4,968.00

3. 2 Worden fg library Cube Browser with Open
Top, 16"W x 16"D x 20.5"H
Laminate: TBD
932.00 $ 1,864.00

4. 1 TMC Leaf Table with Plover Legs @ 26"H
Laminate: Lime & Pistachio
Leg Finish: Clear 01
1,464.00 $ 1,464.00

5. 4 TMC Zetty Cube Stools with 14"H seat.

Fabric: TBD
Leg Finish: Clear 01
804.00 $ 3,216.00

6. 2 TMC Eisenhower Chair with 18"H seat.

Shell Finish: Clover 104
Leg Finish: Clear 01
651.00 $ 1,302.00
Murrieta Public Library
8 Town Square
Murrieta, CA 92562
353
QUOTATION # 24258-N-R1
Picture Books

7. 2 TMC Flower Table with Plover Legs @ 26"H
Laminate: Per image
Leg Finish: Clear 01
1,464.00 $ 2,928.00

8. 8 TMC Zetty ImPrinted Garden Stools with 14"H
seat.

Perimeter: 2-Flower, 2-Birdhouse, 2-Radish, 2-
Caterpillar
Fabric: TBD
Leg Finish: Clear 01
1,202.00 $ 9,616.00

9. 4 TMC Little Puddle Stools with 16"H seat.

Fabric: TBD
894.00 $ 3,576.00
Waiting Area

10. 3 TMC Zetty ImPrinted Perimeter Bench with
back, 48"W x 20"D with 16"H seat.

Perimeter: Flower
Fabric: TBD
Leg Finish: Clear 01
2,591.00 $ 7,773.00

11. 1 Palmieri Navigate Mobile Service Desk with
height adjustable top, 48"W x 24"D, 30"-36"H.

Laminate Top: TBD
Wood Accent: TBD
Metal Frame: TBD
8,711.00 $ 8,711.00

12. 1 SitOnIt Novo Midback Stool Task Chair
Mesh Back: TBD
Seat Fabric: TBD
Frame Color: TBD
709.00 $ 709.00
Early Readers / Entryway

13. 1 TMC Round Whistler Leaf Ottoman with
tapered wood legs, 44"Dia x 15"H.

Perimeter: Per image
Fabric: TBD
Leg Finish: Clear 01
2,989.00 $ 2,989.00

14. 1 TMC Tree Canopy Quad Computer Carrel with
Wire Management Chase, 96"H.

Finish: Per image
9,765.00 $ 9,765.00

15. 4 TMC Zetty Cube Stools with 14"H seat.

Fabric: TBD
Leg Finish: Clear 01
804.00 $ 3,216.00

16. 1 TMC Freestanding 4-Sided Canopy Tree, 96"H.

Finish: Per image
15,907.00 $ 15,907.00

17. 3 TMC Little Puddle Stools with 16"H seat.

Fabric: TBD
894.00 $ 2,682.00

18. 3 TMC Dune Puddle Stools with 16"H seat.

Fabric: TBD
983.00 $ 2,949.00

19. 1 TMC Splash Puddle Stools with 16"H seat.

Fabric: TBD
911.00 $ 911.00
354
QUOTATION # 24258-N-R1

20. 2 TMC Wall Mounted 3-Sided Canopy Tree with
iPad OPAC Mount, 96"H.

Finish: Per image
10,577.00 $ 21,154.00

21. 2 TMC Slatwall Panel, 50"W x 24"H
Finish: Clear 01
858.00 $ 1,716.00

22. 2 TMC Slatwall Panel, 38"W x 24"H
Finish: Clear 01
696.00 $ 1,392.00
Mutipurpose Rooms

23. 15 3branch Height Adjustable Flip-Top Tables with
Casters.

Laminate: Per image
Leg Finish: Clear 01
2,444.00 $ 36,660.00

24. 40 Paragon Children's Stacking Chair with 16"H
seat.

Shell Color: Orangesicle
185.00 $ 7,400.00

25. 4 Uline Storage Cabinet with Locking Doors, 72"H
x 36"W x 22"D
Finish: Maple
587.00 $ 2,348.00

26. 2 Uline Storage Cabinet with Locking Doors, 30"H
x 36"W x 22"D
Finish: Maple
345.00 $ 690.00
Staff Workstations

27. 5 DeskMakers Workstation with height adjustable
tables, charging port, overhead cabinets, and
Sidekick Mobile Box-File Pedestal with
Pneumatic Adjustable Top.

Laminate: TBD
4,669.00 $ 23,345.00

28. 1 DeskMakers Sidekick Mobile Box-File Pedestal
with Pneumatic Adjustable Top.

Laminate: TBD
1,093.00 $ 1,093.00

29. 6 SitOnIt Novo Midback Task Chair
Mesh Back: TBD
Seat Fabric: TBD
Frame Color: TBD
665.00 $ 3,990.00
Private Office

30. 1 DeskMakers L-Shaped height adjustable desk
with storage and bookcase per drawing.

Laminate: TBD
Tackboard Fabric: TBD
7,379.00 $ 7,379.00

31. 1 SitOnIt Novo Midback Task Chair
Mesh Back: TBD
Seat Fabric: TBD
Frame Color: TBD
665.00 $ 665.00

32. 2 SitOnIt Cora Guest Chairs.

Fabric: TBD
Frame Color: TBD
493.00 $ 986.00
355
QUOTATION # 24258-N-R1
Tween Area

33. 1 LOT Estey Cantilever Shelving with laminate end
panels and canopy tops per the attached floor
plan. Includes (12) 60"H x 36"W x 24"D
Double-Faced Shelving units with (5) integral
back shelves per face, (2) 60"H x 24"W x 24"D
Double-Faced Shelving units with (5) integral
back shelves per face, (1) 60"H x 30"W x 24"D
Double-Faced Shelving units with (5) integral
back shelves per face, (3) 60"H x 36"W x 12"D
Single-Face Shelving units with (5) integral
back shelves, (2) 60"H x 24"W x 12"D Single-
Face Shelving units with (5) integral back
shelves, and (1) 60"H x 30"W x 12"D Single-
Face Shelving units with (5) integral back
shelves.

Laminate: TBD
Frame/Shelf Paint Color: Soft White
32,182.00 $ 32,182.00
Computer Stations

34. 6 TMC Eisenhower Rectangle Table with
Grommet and Wire Management Tray, 42"L x
24"D x 29"H.

Laminate: Per image
Leg Finish: Clear 01
1,778.00 $ 10,668.00

35. 6 TMC Eisenhower Chair with 18"H seat.

Shell Finish: Chicory 108 or French Blue 111
Leg Finish: Clear 01
651.00 $ 3,906.00
Reception Desk

36. 1 TMC Finn U-Style Service Desk with (2) mobile
storage pedestals, grommets, and wire
management.

Laminate: TBD
35,808.00 $ 35,808.00

37. 2 SitOnIt Novo Midback Task Chair
Mesh Back: TBD
Seat Fabric: TBD
Frame Color: TBD
665.00 $ 1,330.00
Study Area

38. 5 TMC Eisenhower Round Table, 48" x 29"H.

Laminate: TBD
Leg Finish: Clear 01
2,317.00 $ 11,585.00

39. 20 TMC Eisenhower Chair with 18"H seat.

Shell Finish: Chicory 108 or French Blue 111
Leg Finish: Clear 01
651.00 $ 13,020.00

40. 3 Arcadia Co-Op Private Love Seat Unit with
Intergrated Table.

Laminate: TBD
Fabric: TBD
Base Finish: TBD
11,452.00 $ 34,356.00
356
QUOTATION # 24258-N-R1

41. 2 Arcadia Co-Op Linking Table, 72"L x 30"D.

Laminate: TBD
Fabric: TBD
Base Finish: TBD
1,935.00 $ 3,870.00

42. 4 Encore Chirp Counter Height Stool.

Fabric: TBD
Frame Finish: TBD
812.00 $ 3,248.00
COST OF MATERIAL $ 391,132.00
FURNITURE INSTALLATION $ 19,600.00
SUBTOTAL $ 410,732.00

SALES TA
X 8.750% $ 35,939.05
SHELVING INSTALLATION $ 7,925.00
STRUCTURAL CALCULATIONS $ 3,600.00
FREIGHT $ 47,950.00
TOTAL $ 506,146.05
Noah Read
[email protected]
NOTES:

Pricing based on CMAS contract #4-24-08-1008, Expiration 05/31/2027.

Pricing includes freight and prevailing wage installation.

Installation to be during normal business hours, M-F 7am-4pm.

Permits, bonds, inspections, material storage or any associated costs are not included.

Due to the uncertainty in our market with potential surcharges, we reserve the right to adjust the proposal by the amount that surcharges are passed along to us by our suppliers.

DIR #1000001651.

1. This quotation is subject to change unless accepted within 30 days from the above date.

2. Shipping dates are approximate and are based upon receipt of all necessary information.

3. Prices quoted do not include direct taxes imposed by Federal, State or Municipal authorities unless stated.

4. A service charge of 1½% per month (18% annum) w ill be charged on all past due accounts.

5. If paying with credit card, add 3.75% to total.
357
Murrieta Public Library
8 Town Square
Murrieta, CA 92562
ITEM QTY. PART NO. DESCRIPTION
Children's Area

Baby Zone

2. 4 Cube Browser with Upholstered Seat, 32"W x
16"D x 20.5"H

3. 2 Cube Browser with Open Top, 16"W x 16"D x

20.5"H

4. 1 Leaf Table @ 26"H
358

5. 4 Zetty Cube Stools with 14"H seat.

6. 2 Eisenhower Chair
Picture Books

7. 2 Flower Table @ 26"H

8. 8 Zetty ImPrinted Garden Stools with 14"H seat.

9. 4 Little Puddle Stools with 16"H seat.

Waiting Area

10. 3 Zetty ImPrinted Perimeter Bench with back,
48"W x 20"D with 16"H seat.
359

11. 1 Palmieri Navigate Mobile Service Desk with
height adjustable top, 48"W x 24"D, 30"-36"H.

12. 1 Novo Staff Task Stool.

Early Readers / Entryway

13. 1 Round Whistler Leaf Ottoman, 44"Dia.

14. 1 Tree Canopy Quad Computer Carrel with Wire
Management Chase, 60"Dia.

15. 4 Zetty Cube Stools with 14"H seat.
360

16. 1 Freestanding 4-Sided Canopy Tree, 96"H.

17. 3 Little Puddle Stools with 16"H seat.

18. 3 Dune Puddle Stools with 16"H seat.

19. 1 Splash Puddle Stools with 16"H seat.

20. 2 Wall Mounted 3-Sided Canopy Tree with iPad
OPAC Mount, 96"H.
361

21. 2 Slatwall Panel, 50"W x 24"H

22. 2 Slatwall Panel, 38"W x 24"H
Mutipurpose Rooms

23. 15 Height Adjustable Flip-Top Tables with Casters.

24. 40 Children's Stacking Chair with 16"H seat.

25. 4 Storage Cabinet with Locking Doors, 72"H x
36"W x 22"D

26. 2 Storage Cabinet with Locking Doors, 30"H x
36"W x 22"D
362
Staff Workstations

27. 5 Workstation with height adjustable tables,
charging port, overhead cabinets, and Sidekick
Mobile Box-File Pedestal with Pneumatic
Adjustable Top.

28. 1 Sidekick Mobile Box-File Pedestal with
Pneumatic Adjustable Top.

29. 6 Novo Mid-Back Task Chair.

Private Office

28. 1 L-Shaped height adjustable desk with storage
per drawing.

29. 1 Novo Mid-Back Task Chair.

30. 2 Cora Guest Chairs.

SEE ATTACHED DESKMAKERS

DRAWINGS

SEE ATTACHED DESKMAKERS

DRAWINGS
363
Tween Area

31. 1 LOT Estey Cantilever Shelving with metal end
panels and metal canopy tops per the attached
floor plan. Includes (12) 60"H x 36"W x 24"D
Double-Faced Shelving units with (5) integral
back shelves per face, (2) 60"H x 24"W x 24"D
Double-Faced Shelving units with (5) integral
back shelves per face, (1) 60"H x 30"W x 24"D
Double-Faced Shelving units with (5) integral
back shelves per face, (3) 60"H x 36"W x 12"D
Single-Face Shelving units with (5) integral
back shelves, (2) 60"H x 24"W x 12"D Single-
Face Shelving units with (5) integral back
shelves, and (1) 60"H x 30"W x 12"D Single-
Face Shelving units with (5) integral back
shelves.

Computer Stations

34. 6 Eisenhower Rectangle Table with Grommet and
Wire Management Tray, 42"L x 24"D x 29"H.

35. 6 Eisenhower Chair with 18"H seat.

Reception Desk

36. 1 Finn U-Style Service Desk with (2) mobile
storage pedestals, grommets, and wire
management.
364

37. 2 Novo Mid-Back Task Chair.

Study Area

38. 5 Eisenhower Round Table, 48" x 29"H.

39. 20 Eisenhower Chair with 18"H seat.

40. 3 Co-Op Private Love Seat Unit with Intergrated
Table.

41. 2 Co-Op Linking Table, 72"L x 30"D.
365

42. 4 Chirp Counter Height Stool.
366
367
368
369
370
371
372
373
374
375
376
Procurement Division
707 Third Street, 2nd Floor, MS #2-202
West Sacramento, CA 95605-2811
State of California

MULTIPLE AWARD SCHEDULE

NON-MANDATORY
J. K. Miklin, Inc. doing business as
Yamada Enterprises
Categories Information
CMAS NUMBER: 4-24-08-1008
CMAS TERM DATES: 08/06/2024 through 05/31/2027
EFFECTIVE DATE: 08/06/2024
CMAS CATEGORY: Non-Information Technology Commodities

APPLICABLE CMAS
TERMS & CONDITIONS:March 1, 2023
MAXIMUM ORDER LIMIT:

State Agencies: See Purchasing Authority
Dollar Threshold provision
Local Government Agencies: Unlimited
FOR USE BY: State & Local Government Agencies
BASE TIPS CONTRACT #: 220303

BASE TIPS CONTRACT
HOLDER: Yamada Enterprises
PROGRAM ANALYST John Dickinson
[email protected]
This California Multiple Award Schedule (CMAS) provides for the purchase, warranty, and design of furniture and furnishings.

NOTICE: Products and/or services on this CMAS may be available on a Mandatory State Contract.

If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the State Contract User Instructions. Information regarding State Contracts can be obtained at the: State Contracts Index Listing. This requirement is not applicable to local government agencies.

Any reference to a specific manufacturer’s or publisher’s warranty or terms and conditions as shown in the base contract are not applicable to this CMAS.

The services provided under this CMAS are only available in support of the products covered by this CMAS.
377

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 2 State agencies cannot use this CMAS to purchase products available through the California Prison Industry Authority (CALPIA) without a one-time exemption from CALPIA. Agencies may request an exemption at the CALPIA website. A copy of the approved exemption must be kept with the purchase order in the procurement file for audit purposes.

The most current Ordering Instructions and Special Provisions, CMAS Terms and Conditions, and products and/or services are included herein. All purchase orders issued by State agencies shall incorporate these Ordering Instructions and Special Provisions and CMAS Terms and Conditions.

Agency non-compliance with the requirements may result in the loss of CMAS program delegated purchasing authority.

CMAS contractor non-compliance with the requirements may result in termination. 378

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 3

CMAS PRODUCT & SERVICE CODES
Product & Service Codes listed below are for marketing purposes only. Review the base contract for the products and/or services available.

Brand-Aurora Storage Products
Brand-Estey
Brand-TMC
Brand-Worden
Furniture-Book Cart
Furniture-Chairs
Furniture-Chairs Stacking
Furniture-Circulation Desk
Furniture-Computer Worktables
Furniture-Ergonomic Seating
Furniture-Library
Furniture-Literature Racks
Furniture-Seating
Furniture-Stool
Furniture-Study Carrel
Furniture-Tables
Furniture-Work Stations
Shelving-Display
Shelving-Heavy Duty
Storage-Shelves

AVAILABLE PRODUCTS AND/OR SERVICES
This CMAS provides for the purchase, warranty, and design of furniture and furnishings.

The ordering agency must verify the products and pricing are currently available on the TIPS 220303 contract by emailing TIPS ([email protected]) to obtain the most current pricing.

ISSUE PURCHASE ORDER TO
Agency purchase orders must be sent to the following:

Yamada Enterprises
16552 Burke Lane
Huntington Beach, CA 92647
Attn: Parker Braverman
E-mail: [email protected]
379

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 4 Agencies with questions regarding products and/or services may contact the CMAS contractor as follows:

Contact: Jr Arroyo
Phone: (714) 843-9882
E-mail: [email protected]
Website: www.yamadaenterprises.com
TOP 500 DELINQUENT TAXPAYERS
In accordance with Public Contract Code (PCC) 10295.4, and prior to placing an order for non-IT goods and/or services, agencies must verify with the Franchise Tax Board and the California Department of Tax and Fee Administration that this CMAS contractor’s name does not appear on either list of the 500 largest tax delinquencies pursuant to Revenue and Taxation Code 7063 or 19195. The Franchise Tax Board’s list of Top 500 Delinquent Taxpayers is available at their website. The California Department of Tax and Fee Administration’s list of Top 500 Sales & Use Tax Delinquencies in California is available at their website.

CALIFORNIA SELLER’S PERMIT
The CMAS contractor’s California Seller’s Permit Number is 097193960. Prior to placing an order with this company, agencies must verify that this permit is still valid at the California Department of Tax and Fee Administration website.

MINIMUM ORDER LIMITATION
There is no minimum dollar value limitation on orders placed under this CMAS.

CMAS PRICES
The maximum prices allowed for the products and/or services available are those set forth in the base contract.

The ordering agency is encouraged to seek prices lower than those in the base contract. When responding to an agency’s Request for Offer (RFO), the CMAS contractor can offer lower prices to be competitive.

GENERATIVE ARTIFICIAL INTELLIGENCE (GenAI) DISCLOSURE NOTIFICATION The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidders/Offerors must notify the State in writing if their solution or service includes, or makes available, any GenAI technology, including GenAI from third parties or subcontractors. The State has developed a GenAI Disclosure & Factsheet to be completed by the Bidder/Offeror.
380

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 5 GenAI Disclosure & Factsheet will result in
disqualification of the Offeror and may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

GenAI Disclosure & Factsheet the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

State agencies are required to obtain a GenAI Disclosure & Factsheet (STD 1000) from the Contractor prior to award.

If GenAI is disclosed by the Contractor, state agencies must follow the required GenAI purchase procedures outlined in State Contracting Manual Section 2300 (Generative Artificial Intelligence) Steps 5 through 8. State agencies must retain in their procurement file the GenAI Disclosure & Factsheet STD 1000 form and the written confirmation that the purchase may proceed.

EXECUTIVE ORDER N-6-22 – RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

DARFUR CONTRACTING ACT
This CMAS contractor has certified compliance with the Darfur Contracting Act, per PCC 10475. It is the agency’s responsibility to verify that the contractor has a Darfur Contracting Act Certification on file.

IRAN CERTIFICATION
This CMAS contractor has certified compliance with the Iran Contracting Act, per PCC 2001-2008.

It is the agency’s responsibility to verify that the contractor has an Iran Contracting Act Certification on file.

CALIFORNIA CIVIL RIGHTS LAW CERTIFICATION
Pursuant to PCC 2010 applicants must certify their compliance with the California Civil Rights laws and Employer Discriminatory Policies (Civil Code 51, GC 12960). It is the agency’s responsibility to verify that the contractor has a California Civil Rights Law Certification on file. 381

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 6

WARRANTY
For warranties, see the base contract and the CMAS Warranty provision in the CMAS Terms and Conditions/General Provisions.

DELIVERY
As negotiated between agency and CMAS contractor and included in the purchase order.

LIQUIDATED DAMAGES FOR LATE DELIVERY
The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable.

SHIPPING INSTRUCTIONS
F.O.B. (Free On Board) Destination. Seller pays the freight charges.

PURCHASING AUTHORITY DOLLAR THRESHOLD
Order limits for the purchase of goods and/or services is determined by the individual agency purchasing authority threshold.

No CMAS order may be executed by a State agency that exceeds that agency’s purchasing authority threshold, unless an exemption is granted by the Department of General Services (DGS) Purchasing Authority Unit (PAU). State agencies with approved purchasing authority, along with their dollar thresholds can be obtained at the List of State Departments with Approved Purchasing Authority website.

HOW TO USE CMAS
State agencies must adhere to the requirements in the State Contracting Manual (SCM) Volume 2, Chapter 1600 and CMAS Ordering Instructions and Special Provisions when using CMAS.

Develop an RFO, which includes a Scope of Work (SOW) and Bidder Declaration form. For information on the Bidder Declaration requirements see SCM, Volume 2, Sections 305 and 1202.

Clearly defined Tasks (what needs to be done) and Deliverables (outcome of each task, i.e., reports, procedures manual, etc.) must be included in the State’s SOW.

A Work Order Authorization (WOA) may be used to document completion of pre-determined tasks, but only if the tasks are clearly defined in the SOW. The WOA may be used to approve release for the next phase of the agreement but cannot be used to identify any tasks other than the ones called out in the SOW. The WOA will be signed by all parties and may be submitted for progress payments under the award. 382

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 7 Projects can be performed on a Fixed Price Per Deliverable (FP/D). Fixed Price; FP/D: A defined service, or set of services, performed by Contractor in response to a defined task, or set of tasks, at a specific fixed price, and delivered per a specific contract. Note: When using FP/D the Statement of Work must describe in detail the particular project and the work that the selected Qualified Contractor will be required to perform.

For Consulting or Personal services, do not include any labor categories/job titles or number of hours limit in RFO Requirements or the SOW. The CMAS Contractor provides this information in their Attachment B Cost Worksheet. The State does not have the expertise to make this decision (GC 19130(b)).

Search for potential CMAS contractors on the CMAS website and select “Find a CMAS Contractor.”
Request offers from a minimum of 3 CMAS contractors including one small business (SB) and/or Disabled Veteran Business Enterprise (DVBE), if available, who are authorized to sell the products and/or able to perform the services needed. (Government Code 14846(b)).

A valid attempt must be made to secure offers from viable CMAS contractors who are able to supply the goods and/or provide the services. Neither a lack of sufficient CMAS contractors nor the use of restrictive requirements meets the intent for obtaining offers (SCM Volume 2, Section 1670.2).

If requesting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Standard 843) in the RFO. This declaration must be completed by the DVBE prime contractor and/or any DVBE subcontractors and submitted with the offer (SCM Volume 2, Section 1201).

This is not a bid transaction, so the small business preference, DVBE incentives, protest language, intent to award, evaluation criteria, advertising, Administrative and Technical Requirements, etc. are not applicable. (SCM Volume 2, Section 1603).

If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers did not respond with an offer. The reason must come from the CMAS contractor.

Assess the offers received using best value criteria including cost as one of the criteria (SCM Volume 2, Section 1603).

Issue a Purchase Order to the selected CMAS contractor.

For CMAS transactions under $10,000, only one offer is required if the State agency can establish and document that the price is fair and reasonable. The fair and reasonable method can only be used for non-customizable purchases. See SCM Volume 2, Section 1510 for Fair and Reason criteria.

Local agencies must follow their own procurement regulations. For more information see the Local Agency packet available online.
383

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 8

AGENCY RESPONSIBILITY
Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State’s best interests, obtaining required approvals, and documenting compliance with GC 19130.b(3) for outsourcing services.

It is the responsibility of each agency to consult with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If legal services are not available within your agency, DGS Office of Legal Services is available to provide services.

CONFLICT OF INTEREST
Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the CMAS Terms and Conditions, Conflict of Interest, for more information.

SPLITTING ORDERS
Splitting orders to avoid any monetary limitations is prohibited. Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders per PCC 10329. Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited per State Administrative Manual (SAM) 4819.34.

This provision does not apply to local government agencies.

ORDERING PROCEDURES

1. Purchase Orders
All Ordering Agency purchase order documents executed under this CMAS must contain the applicable CMAS number as show on page 1.
a. State Departments:

Standard 65 Purchase Documents – State departments not transacting in FISCal must use the Purchasing Authority Purchase Order (Standard 65) for purchase execution. An electronic version of the Standard 65 is available at the Department of General Services (DGS), Procurement Division (PD) website, select Standard (STD) Forms.

FISCAL Purchase Documents – State departments transacting in FISCal will follow the FISCal procurement and contracting procedures.
b. Local Government Agencies:

Local government agencies may use their own purchase order document for purchase execution.
384

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 9 The agency is required to complete and distribute the purchase order. For services, the agency shall modify the information contained on the order to include the service period (start and end date), the monthly cost (or other intermittent cost), and any other information pertinent to the services. The cost for each line item must be included in the order, not just system totals.

The contractor must immediately reject purchase orders that are not accurate. Discrepancies are to be negotiated and incorporated into the purchase order prior to product delivery and service implementation.

2. Service and Delivery after CMAS Expiration
The purchase order must be issued before the CMAS expires. However, delivery of the products or completion of the services may be after the CMAS expires (unless otherwise specifically stated in the purchase order). Amending the purchase order to add quantity, time, or money is not possible if the CMAS expired.

3. Multiple CMAS Agreements on a Single Purchase Order
State agencies wishing to include multiple CMAS agreements on a single FISCal purchase order must adhere to the following guidelines:

All CMAS must be for the same CMAS contractor.

The purchase order must go to one contractor location.

Enter the word “CMAS” in the space reserved for the Leveraged Procurement Agreement (LPA) number. The word “CMAS” signifies that the purchase order contains items from multiple CMAS agreements. The purchasing agency may only use one bill code.

For each individual CMAS, the agency must identify and group together the CMAS number with the line items and subtotal per CMAS number (do not include tax in the subtotal), and sequentially identify each individual CMAS as Sub #1, Sub #2, Sub #3, etc. This facilitates accurate billing of administrative fees by the Procurement Division.

The total of all items on the purchase order must not exceed the State agency’s purchasing authority dollar threshold granted by DGS PAU.

Do not combine items from IT and non-IT CMAS agreements. An Information Technology CMAS begins with the number “3” and a non-IT CMAS begins with the number “4.” The purchase order limits are different for these CMAS agreements.

4. Amendments to State Agency's Purchase Orders
Agency purchase orders cannot be amended if the CMAS has expired.

SCM, Volume 2, Section 1605 provides the following directions regarding amendments to all types of LPA purchase orders:

Original orders, which include options for changes (e.g., quantity or time), that were assessed and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an Non-Competitively Bid is approved for those amendments. 385

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 10 Amendments unique to Non-IT Services:

If the original contract permitted amendments, but did not specify the changes, (e.g., quantity or time), it may be amended. Per PCC 10335 (d)(1), a contract may only be amended once under this exemption. The time shall not exceed one year, or add not more than 30 percent of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the Non-Competitively Bid process must be followed.

CMAS CONTRACTOR OWNERSHIP INFORMATION
The CMAS contractor is a certified SB enterprise. Their Office of Small Business and DVBE Services (OSDS) certification number 2039374 expires on 05/31/2026.

If this certification has expired, the current expiration date should be verified at Cal eProcure. The OSDS contact information can be found on the OSDS website. Note that some companies have been assigned a new certification number, so use the company name and/or certification number when checking status on-line.

SMALL BUSINESS MUST BE CONSIDERED
Prior to placing orders under the CMAS program, State agencies must first consider offers from small businesses that have established CMAS agreements (GC 14846(b)). NOTE: DGS auditors will request substantiation of compliance with this requirement when agency files are reviewed.

CMAS Small Business and Disabled Veteran Partners can be found on the CMAS website by selecting “Find a CMAS Contractor”.

In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (charged to customer agencies to support the CMAS program) for orders to California certified small business enterprises.

SMALL BUSINESS/DVBE - TRACKING
State agencies are able to claim subcontracting dollars towards their SB or DVBE goals whenever the CMAS contractor subcontracts a commercially useful function to a certified SB or DVBE. The CMAS contractor will provide the ordering agency with the name of the SB or DVBE used and the dollar amount the ordering agency can apply towards its SB or DVBE goal.

SMALL BUSINESS/DVBE - SUBCONTRACTING

1. The amount an ordering agency can claim towards achieving its SB or DVBE goals is the dollar amount of the subcontract award made by the CMAS contractor to each SB or DVBE. 386

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 11

2. The CMAS contractor will provide an ordering agency with the following information at the time the order is quoted:
a. The CMAS contractor will state that, as the prime contractor, it shall be responsible for the overall execution of the fulfillment of the order.
b. The CMAS contractor will indicate to the ordering agency how the order meets the SB or DVBE goal, as follows:
i. List the name of each company that is certified by the Office of Small Business and DVBE Services that it intends to subcontract a commercially useful function to; and ii. Include the SB or DVBE certification number of each company listed and attach a copy of each certification; and
iii. Indicate the dollar amount of each subcontract with a SB or DVBE that may be claimed by the ordering agency towards the SB or DVBE goal; and iv. Indicate what commercially useful function the SB or DVBE subcontractor will be providing towards fulfillment of the order.

3. The ordering agency’s purchase order must be addressed to the prime contractor, and the purchase order must reference the information provided by the prime contractor as outlined above.

CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED
When a subcontractor ultimately provides all of the products or performs all of the services that a CMAS contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature and does not provide a Commercially Useful Function. It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs.

WITHHOLD LANGUAGE (SB588)
Upon delivery or completion of ordered goods or services for which the Contractor committed to DVBE subcontractor participation, state departments must require the Contractor to certify all the following:

1. The amount and percentage of work the Contractor committed to provide to one or more DVBEs under the requirements of the contract and the amount each DVBE received from the Contractor.

2. That all payments under the contract have been made to the DVBE. Upon request, the Contractor must provide proof of payment for the work.
387

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 12 In accordance with the Military and Veterans Code 999.7, state departments shall withhold $10,000 from the final payment, or the full final payment if less than $10,000, if the Contractor fails to meet the certification requirements identified above. State departments shall notify the Contractor of their failure to meet the certification requirements and give the Contractor an opportunity to comply with the certification requirements. If after 30 calendar days from the date of notice, the Contractor refuses to comply with the certification requirements, the state department shall permanently deduct $10,000 from the final payment or the full payment if less than $10,000.

PRODUCT SUBSTITUTIONS
Substitution of Deliverables may not be tendered without advance written consent of the Buyer.

The Contractor must offer an equivalent or newer model of the product from the same manufacturer at the same or lower price. Contractor cannot use any specification in lieu of those contained in the Contract without written consent from the Buyer.

NEW EQUIPMENT REQUIRED
The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.

Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards.

SPECIAL MANUFACTURED GOODS
Any CMAS for goods to be manufactured by the CMAS contractor specifically for the State and not suitable for sale to others may require progress payments.

For a Non-IT goods CMAS, see the CMAS Non-IT Commodities Terms and Conditions, Provision 69, Progress Payments.

TRADE-IN EQUIPMENT
Trade-ins at open market price may be considered. The product description and trade-in allowance must be identified on the purchase order.

Agencies are required to adhere to SAM 3520 through 3520.6, Disposal of Personal Property and Surplus Personal Property, as applicable, when trade-ins are considered. A Property Survey Report, Standard 152, must be submitted for approval prior to disposition of any State owned personal property, including general office furniture regardless of the acquisition value, or if the property was recorded or capitalized for accounting purposes. 388

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 13

STATE AGENCY BUY RECYCLED CAMPAIGN
State ordering agencies are required to report purchases made within the eleven product categories in the California Department of Resources Recycling and Recovery’s State Agency Buy Recycled Campaign per PCC 12200 through 12217.

Contractor will be required to complete and return a Recycled-Content Certification form upon request by the state ordering agency.

FURNITURE – PUBLIC WORKS INSTALLATION
When the installation of furniture includes attaching it to walls, floors, or ceilings, it is a Public Works contract. See pages 20 through 23 for important information regarding this topic.

PUBLIC WORKS (INSTALLATION SERVICES ONLY)
A public works contract is defined as an agreement for “the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind” in accordance with PCC 1101. State agencies planning these types of projects need to review SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Visit the DGS, Real Estate Services Division (RESD) website if you have questions about public works transactions.

Local Agency CMAS purchase orders may allow for public works installation only when it is in support of the products covered by this CMAS.

Agencies are to ensure that the applicable laws and codes pertaining to the contractor and subcontractor licensing, prevailing wage rates, bonding, labor code requirements, etc. are adhered to by the prime contractor as well as any subcontractor during performance under the CMAS purchase order.

The bond amount for public works is not less than 100% of the purchase order price.

NOTE: In accordance with Labor Code (LC) 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency’s office and will be made available upon request. The prevailing wage rates are available from DIR at www.dir.ca.gov (select Statistics & Research).

Bonds: For guidelines, see CMAS, General Terms and Conditions, Public Works Requirements.

State Contractor’s License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should visit the State Contractor’s License Board website to verify that the Contractor’s License shown below is still active and in good standing.
389

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 14 The CMAS contractor’s California Contractor's License number is 582159. This is a Class C-61 / D24 - Metal Products and C-61 / D34 - Prefabricated Equipment license that is valid through 03/31/2026.

NOT SPECIFICALLY PRICED ITEMS
The only time that open market/incidental, non-contract items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision.

CMAS contractors must be authorized providers of the hardware, software and/or services they offer under the NSP Items provision.

Agency and CMAS contractor use of the NSP provision is subject to the following requirements:

1. Purchase orders containing only NSP items are prohibited.

2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State.

3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the base contract may not be identified as an NSP item.

4. NSP Installation Services: The CMAS contractor is fully responsible for all installation services performed under the CMAS. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. The total dollar value of all installation services included in the purchase order cannot exceed the dollar value of the products included in the purchase order, nor can they exceed the NSP Maximum Order Limitation.

5. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order or $25,000 whichever is lower.

6. An NSP item included in an order issued against this CMAS is subject to all of the terms and conditions set forth in the CMAS.

7. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances, where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board.
390

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 15 The following NSP items are specifically excludedfrom any order issued under this CMAS:

1. Items not intended for use in direct support of the priced items included in the same order.

An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the base contract, is subordinate to a specifically priced printer and is eligible to be an NSP item subject to that cable meeting the remaining NSP requirements. However, a printer that is not otherwise specifically priced in the base contract, is not subordinate to a specifically priced cable and is not eligible to be an NSP item.

2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order.

3. Items that do not meet the Productive Use Requirements for information technology products, per Statewide Information Management Manual Section 195.

4. Any other item or class of items specifically excluded from the scope of this CMAS.

5. Public Works and other services NOT in support of the products covered by this CMAS.

6. Products or services the CMAS contractor is NOT factory authorized or otherwise certified or trained to provide.

7. Follow-on consultant services that were previously recommended or suggested by the same CMAS contractor.

The CMAS contractor is required to reject purchase orders containing NSP items that do not comply with the above requirements. The CMAS contractor will promptly notify the agency issuing the noncompliant order of its rejection and the reasons for its rejection.

STATE AND LOCAL GOVERNMENTS CAN USE CMAS
State and local government agency use of CMAS is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including Universities of California, California State Universities, K-12 schools, and community colleges empowered to expend public funds. While the State makes this CMAS available, each local government agency should make its own determination whether the CMAS program is consistent with its procurement policies and regulations.

PCC 10298 allows any city, county, city and county, district, or other local governmental body or corporation empowered to expend public funds to contract with suppliers awarded CMAS without further competitive bidding. See complete PCC 10298 language at the California Legislative Information website.

PCC 10299 allows any school district empowered to expend public funds to utilize CMAS without further competitive bidding. See complete PCC 10299 language at the California Legislative Information website.
391

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 16

SELF-DELETING BASE CONTRACT TERMS AND CONDITIONS
Instructions or terms and conditions that appear in the Special Items or other provisions of the base contract and apply to the purchase, license, or rental (as applicable) of products or services by the US Government in the United States and/or to any overseas location shall be self-deleting. (Example: "Examinations of Records" provision).

Federal regulations and standards, such as Federal Acquisition Regulation, Federal Information Resources Management Regulation, Federal Information Processing Standards, General Services Administration Regulation, or Federal Installment Payment Agreement shall be self-deleting.

Federal blanket orders and small order procedures are not applicable.

ORDER OF PRECEDENCE
The CMAS Terms and Conditions take precedence if there is a conflict between the terms and conditions of the contractor's base contract, packaging, invoices, catalogs, brochures, technical data sheets, or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS).

APPLICABLE CODES, POLICIES AND GUIDELINES
All California codes, policies, and guidelines are applicable. The use of CMAS does not relieve state agencies of their responsibility to meet statewide requirements regarding contracting or the procurement of goods or services. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS agreements; however, there is no guarantee that every requirement that pertains to all State processes has been included.

PAYMENTS AND INVOICES

1. Payment Terms
Payment terms for this CMAS are net 45 days.

Payment will be made in accordance with the provisions of the California Prompt Payment Act, GC 927. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (1) the date of acceptance of goods or performance of services; or (2) receipt of an undisputed invoice, whichever is later.

2. Payee Data Record (Standard 204)
State Agencies must obtain a copy of the Payee Data Record (Standard 204) in order to process payments. State Ordering Agencies must forward a copy of the Standard 204 to their accounting offices. Without the Standard 204, payment may be unnecessarily delayed. State Agencies should contact the CMAS contractor for copies of the Payee Data Record. 392

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 17

3. DGS Administrative and Incentive Fees
Orders from State Agencies:

DGS will bill each State agency directly an administrative fee for use of CMAS. The administrative fee should NOT be included in the order total or remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses.

Orders from Local Government Agencies:

CMAS contractors, who are not California certified small businesses, are required to remit to DGS an incentive fee equal to a percentage of the total of all local government agency orders (excluding sales tax and shipping) placed against their CMAS.

The incentive fee is waived for CMAS purchase orders issued to California certified small businesses.

For more information on the incentive fees see the CMAS Management Guide.

4. Contractor Invoices
Unless otherwise stipulated, the CMAS contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following:

CMAS number
Agency purchase order number
Agency Bill Code (State Only)
Line item number
Unit price
Extended line item price
Invoice total
State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable.

The company name on the CMAS, purchase order and invoice must match, or the State Controller’s Office will not approve payment.
393

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 18

5. Advance Payments
Advance payment is allowed for services only under limited, narrowly defined circumstances, i.e., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 through 11263 and 11019).

It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription and may be paid in advance if a provision addressing payment in advance is included in the purchase order.

Software warranty upgrades and extensions may also be paid for in advance, one time.

6. Credit Card
The CMAS contractor does not accept the State of California credit card (VISA CAL-Card).

7. Leasing/Financing
California State Agencies should use the Golden State Financial Marketplace (GS SMart) program for all financing and leasing needs. California Local Government Agencies (counties, cities, K-12 school districts, community colleges, California State Universities, Universities of California, etc.) may utilize the GS SMart program for financing and leasing according to PCC 14937. The minimum dollar amount for Local Government Agency financing and leasing is $100,000.

8. Lease/Purchase Analysis
California State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental and retain a copy for future audit purposes (SAM 3710).

For short-term rental equipment, the lease/purchase analysis must be approved by DGS Office of Legal Services.

The lease/purchase analysis for all other purchases must be approved by the Department of General Services, GS SMart State Financial Marketplace. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information.

9. Leasing
The State reserves the right to select the form of payment for all procurements, whether it is an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS SMart and/or Lease SMart). If payment is via the financial marketplace, the CMAS contractor will invoice the State and the State will approve the invoice. The selected Lender/Lessor for all product listed on the State’s procurement document will pay the supplier on behalf of the State. Buyers may contact the GS SMart Unit via e-mail at [email protected] for further information. 394

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 19

OBTAINING COPY OF CMAS
A copy of this CMAS can be obtained at Cal eProcure. Links to the CMAS terms and conditions and base contract are available on the front page of this CMAS agreement.

It is important for the agency to confirm that the required products, services, and prices are included in the CMAS and are at or below base contract rates. To streamline verification that the needed items are in the base contract, the agencies should ask the CMAS contractor to identify the specific location in the base contract that include the required products, services, and prices.

Once verified, agencies should save the information for their file documentation.

FEDERAL DEBARMENT
When federal funds are expended, the agency is required to obtain (retain in file) a signed “Federal Debarment” certification from the CMAS contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).

CONTRACTOR TRAVEL
The Travel provision is not applicable to this CMAS.

AMERICANS WITH DISABILITY ACT
To view the DGS Accessibility Policy, please visit the DGS website.

395

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 20

PURCHASE AND INSTALLATION OF MODULAR SYSTEMS FURNITURE, STORAGE

DEVICES, STORAGE SYSTEMS, SHELVING SYSTEMS, BOOKSTACKS, PALLET RACKS, ET

CETERA GENERAL REQUIREMENTS
CONTRACTOR’S LICENSE REQUIREMENTS
Contracts that include installation or the wording “Furnish and Install” require at the time of contract award that suppliers possess a valid California State Contractor’s License. If subcontractors are used, they must also possess a valid California State Contractor’s License. All businesses that construct or alter any building, highway, road, parking facility, railroad, excavation, or other structure in California must be licensed by the California State License Board (CSLB), if the total cost (labor and materials) of the project is $500 or more. Failure to be licensed or to keep the license current and in good standing shall be grounds for contract revocation.

Suppliers who install modular systems furniture, storage devices, storage systems, shelving systems, bookstacks, pallet racks, et cetera must possess a valid C-61 (D-24) or D- 34 contractor’s license.

SPECIAL CONDITIONS
Prior to the commencement of performance, the contractor must obtain and provide to the State a payment bond on Standard Form 807, when the contract involves a public works expenditure (labor/installation costs) in excess of $5,000. Such bond shall be in a sum not less than one hundred percent (100%) of the contract price. Forms shall be provided to the contractor.

In accordance with the provisions of Section 1773 of the Labor Code, contractor shall conform and stipulate to the general prevailing rate of wages, including employer benefits as defined in Section 1773.1 of the Labor Code, applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment or materials purchased under the contract.

It is the awarding agency’s responsibility to provide a copy of the prevailing wage rates to the contractor. The prevailing wage rates are available from the Department of Industrial Relations at www.dir.ca.gov or (415) 703-4774.

SEISMIC REQUIREMENTS
The information contained herein is to be followed for the installation of or modification to shelving systems, storage systems, bookstacks, pallet racks, et cetera.

There is no absolute guarantee for the complete safety of personnel or agency property during or after an earthquake because of the unpredictable magnitude and nature of the forces generated during a significant seismic event; however, adherence to the practices outlined herein will minimize the potential for injury to people from storage/shelving equipment during an earthquake and maximize the protection of property.
396

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 21 The term “seismic safety” as used herein relates to the ability of the installed shelving and their supports to resist overturning and/or collapse and, therefore, prevent injury to people and damage to property during a seismic event.

This document is limited to the support structures and bracing for shelving/storage systems. It applies to new and/or existing shelving systems in new or existing facilities.

Even though code recognizes several seismic zones in the State of California, all shelving systems purchased under this contract shall be designed for Seismic Zone 4. In addition, it shall be the responsibility of the seller/installer to identify if the facility in which the shelving system will be installed is classified as an “essential facility” (e.g., hospitals, police departments, et cetera) and provide calculations and installation procedures/instructions accordingly. Contractors who wish to furnish or furnish/install storage racks and/or floor supported cabinets and bookstacks (pallet rack systems, shelving systems, file systems, et cetera), that are greater than 5 feet in height shall be required to provide prior to installation a copy of seismic calculations demonstrating that the shelf system and its floor attachments meet the requirements of Uniform Building Code (UBC) with California Amendment, latest adoption, earthquake regulations, for Seismic Zone Number 4.

These seismic calculations shall include:

1. Manufacturer’s design calculations and structural details along with available test data substantiating compliance with the UBC as amended.

2. Structural details and seismic calculations for the floor anchorage that substantiates compliance with the UBC as amended, prepared and signed by a California registered structural or civil engineer (see Note 2 under Special Considerations).

SPECIAL CONSIDERATIONS
Worst-case stresses and deflections shall be calculated for one face of a double-faced section fully loaded and the other face empty.

Note 1
In lieu of manufacturer’s design calculations, structural details and test data, calculations and/or test procedures may be developed, prepared and signed by a California registered structural or civil engineer substantiating compliance with above referenced seismic requirement.

Note 2
For installations in hospitals, all calculations shall be prepared and signed by a California registered structural engineer only.

For the purpose of this contract, structural details and seismic calculations (or tests) are required for the floor anchorage only and for the purpose of calculations (or tests). It shall be assumed that the floor is either 6” reinforced concrete or 1 to 1 ¼ inch plywood (or similar material) requiring “through” bolts.

Floor attachment provisions for office type furniture shall be non-obtrusive and shall be consistent with the design of the cabinets, files, shelves, et cetera. 397

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 22 The contractor shall supply to the ordering agency drawings and calculations (or test results) approved and signed by a California registered civil or structural engineer, detailing the floor anchorage provisions and their compliance with seismic requirements.

In addition, step-by-step instructions and drawings (minimum size 8 ½ inches by 11 inches) of sufficient clarity and detail shall be supplied to the ordering agency for approval and provided with each cabinet, file, shelf, et cetera, detailing the method(s) of floor attachment required to meet seismic requirements.

The contractor shall also provide with each cabinet, file, shelf, et cetera, the hardware necessary to attach the unit to both types of flooring. As stated above, floors are assumed to be either 6-inch reinforced concrete or 1 to 1 ¼ inch plywood.

CONTRACTOR NOTE
For the purpose of this contract, installation instructions, structural details and seismic calculations are required for the floor anchorage. Contractor shall provide installation instructions, structural details and seismic calculations for installation on the following floor types:

1. 6-inch reinforced concrete, minimum 1,000 psi compressive strength on grade.

2. Above grade lightweight concrete, minimum 1,000 psi compressive strength with sufficient thickness to accept minimum imbed.

3. 1 to 1 ¼ inch floor grade plywood (or other material) on joists, 24 inch centers.

AGENCY NOTE
Agency should be aware that shelving requires seismic anchoring to the building floor.

Installation procedures will be provided for three (3) floor types only. (6-inch concrete on grade, lightweight concrete above grade, and 1 to 1 ¼ inch plywood on joist) Agency should be aware that there are many floor designs/styles and that the above referenced seismic calculations/installation procedures do not cover all.

Installation instructions and seismic calculations for any other floor type(s) are the responsibility of the ordering agency.

MODULAR SYSTEMS FURNITURE
Agencies must adhere to the guidelines specified in Management Memo 15-05, and utilize surplus Modular Systems Furniture to the greatest extent possible. See MM 15-05 (www.dgs.ca.gov/- /media/Divisions/OSPPR/Memos/MM15_05.pdf?la=en&
hash=9BBC7FC08A8F75A12FA63F4C376FF885D9F4BA4D) for the steps to be taken prior to purchasing Modular Systems Furniture from this CMAS.
398

CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS)

YAMADA ENTERPRISES
CMAS NUMBER 4-24-08-1008
October 4, 2023 Ordering Instructions and Special Provisions 23 Premises when completed shall conform to applicable codes, ordinances, and zoning laws and shall be constructed in accordance with sound engineering practices. The Department of General Services will consider only those facilities that can demonstrate the ability to meet a seismic performance level as set forth in FEMA 178 or an equivalent to at least 75% of the current Uniform Building Code.

Certification of the above requirements must be provided by an independent, licensed, structural engineer at the lessor’s expense.

Premises shall conform to regulations and orders of the State Department of Industrial relations and the Occupational Safety and Health Act (OSHA). Lessor shall furnish certification from the local Fire Marshal that quarters comply with the local fire regulations or Title 19 CCR, as appropriate.

Lessor shall also be responsible for all costs relative to said certification including any preliminary plan review as deemed necessary by State. If fire, safety, or health hazards are detected either before or after occupancy by State, they shall be corrected by Lessor at the Lessor’s sole cost and expense.

The requirements of CCR Title 24, State Building Code relative to Access Law Compliance, Americans with Disabilities Act (ADA), and Uniform Federal Access Standards (UFAS), must be included in the planning of these quarters. All new construction work shall be planned to comply with the above-mentioned standards. Modifications of existing conditions to reach compliance are also required unless the alterations and cost meet the qualifications for unreasonable hardship.

Placement and installation of modular systems furniture is subject to regulation by Uniform Building Code, Americans with Disabilities Act (ADA), and other codes and regulations.

It is recommended that design layouts be submitted to the local authorities for review and certification prior to purchase.

INSTALLATION COST
Please be aware that seismic installation instructions/calculations can be very expensive. Please be aware of building floor design and specific needs prior to ordering.

Any questions regarding the interpretation or implementation of the seismic requirements should be directed to the Procurement Division, Engineering Section at (916) 375-4524. 399

CITY OF MURRIETA
City Council Meeting Agenda
Report
11/18/2025
Agenda Item No. 7.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bernard Molloy, Fire Chief
PREPARED BY: Sue Ann Herring, Senior Management Analyst - Fire SUBJECT:

Acceptance of a State of California Office of Traffic Safety Grant Award for Fire Department Vehicle Extrication Equipment

RECOMMENDATION
Adopt a Resolution No. 25-4894 entitled: A Resolution of the City Council of the City of Murrieta, California Accepting a Grant Award through the Regional Crash Response and Extrication Improvement Program Administered by the State of California Office of Traffic Safety; Accept a State of California Office of Traffic Safety Program Grant Award in the amount of $120,000; Amend the Fiscal Year 2025/26 Operating Budget to allocate and appropriate the $120,000 in grant funds and carry over any unused grant budget to Fiscal Year 2026/27; and Authorize the Fire Chief, and/or their designee, to execute all necessary documents and take actions required to accept, implement, and administer the grant, including ratification of the designee’searlier execution of the grant agreement.

PRIOR ACTION/VOTE
On June 3, 2025, the City Council acting as the Board of Directors of the Murrieta Fire District approved Resolution MFD25-225, adopting the Fire District Operating Budget for Fiscal Year 2025/26 (Vote: 5-0).

STRATEGIC ALIGNMENT
Provide a high level of innovative public safety.

DISCUSSION
On October 8, 2025, Murrieta Fire & Rescue (MFR) was given notice it was provisionally awarded a $120,000 traffic safety grant from the State of California Office of Traffic Safety (OTS), funded by the U.S. Department of Transportation. The City Council needs to adopt the attached resolution to accept the grant. The grant performance period began on October 1, 2025, and will continue through September 30, 2026.

The grant will be used to fund the replacement of MFR’s current auto-extrication equipment, which has CITY OF MURRIETA Printed on 11/13/2025Page 1 of 2
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11/18/2025
Agenda Item No. 7.

The grant will be used to fund the replacement of MFR’s current auto-extrication equipment, which has become outdated due to modern vehicle configurations. The new tools will enhance MFR’sability to perform rescues more safely and efficiently, improving both operational effectiveness and firefighter safety. Upgraded equipment will reduce exposure to roadside hazards and ensure the department is equipped to meet the growing demands of complex emergency incidents.

The grant directly supports the department’smission to deliver exceptional public service by protecting life, property, and the environment through professional, all-risk emergency response.

FISCAL IMPACT
The OTS Program Grant requires no local match or cost share. However, as a reimbursable grant, the City must incur eligible expenses before requesting reimbursement. Hence, a budget appropriation is required to establish the grant's revenue and expenditure budgets.

Staff recommends amending the Fiscal Year 2025/26 Operating Budget to establish a revenue budget of $120,000 in the Other Federal Grant Fund (377), under Intergovernmental Revenues- State (Account 42221), and appropriate $120,000 in Safety Equipment (Account 60880).

ATTACHMENTS

1. Office of Traffic Safety Grant Agreement - (EM26005)

2. Resolution No. 25-4894
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State of California Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
EM26005

1. GRANT TITLE
Regional Crash Response and Extrication Improvement Program

2. NAME OF AGENCY 3. Grant Period
Murrieta From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Murrieta Fire and Rescue

5. GRANT DESCRIPTION
The city/county/regional fire agency will improve their crash response and extrication times by purchasing extrication equipment. Best practice strategies will be used to reduce the response time for the arrival of appropriate extrication equipment to traffic crash scenes and the time to extricate the victims of traffic crashes, thus increasing survivability. The grant will provide funding for new equipment and training for fire departments without extrication equipment or those that have existing equipment that has reached the end of its usable lifespan and is in need of replacement.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $120,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:

Schedule A Problem Statement, Goals and Objectives and Method of Procedure Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A Certifications and Assurances
Exhibit B* OTS Grant Program Manual
Exhibit C Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Mike Lopez

Deputy Fire Chief

[email protected]

(951) 461-6152

41825 Juniper Street
Murrieta, CA 92562
ADDRESS: Bernard Molloy

Fire Chief

[email protected]

(951) 461-6163

41825 Juniper Street
Murrieta, CA 92562
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Sue Ann Herring

Senior Management Analyst

[email protected]

(951) 461-6464

41825 Juniper Street
Murrieta, CA 92562
ADDRESS: Stephanie Dougherty

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)

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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

CP6AE8VFMVR6

1 Town SQ
Murrieta
92562-7922
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10.PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402EM-26 20.600 0521-0890-101 2025 04/25 BA/25 $120,000.00

AGREEMENT
TOTAL $120,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$120,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00

OTS ACCOUNTING DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $120,000.00

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State of California Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
EM26005

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

Murrieta Fire and Rescue provides rescue and emergency response services to the City of Murrieta a community of about 116,000 located in Riverside County, California. The population of Murrieta, and of South Riverside County, is one of the fastest growing in the nation, increasing by 7% annually since 2014.

Murrieta also experiences great seasonal population fluctuations due to its expanding wine tourism industry.

In 2019, the region welcomed approximately 3.14 million visitors. Post-pandemic figures indicate a resurgence, with about 3.2 million visitors in 2022 a 28% increase from 2.5 million in 2021. This upward trend continued into 2023, with the region attracting around 3.3 million visitors, marking a 3.7% increase over 2022. Despite these extreme population increases and fluctuation, the emergency response services constraints and the devastating impact of Covid-19 on the region. The need for increased emergency response services will be even more acute in 2025 as the tourism industry continues to recuperate from the impacts of Covid-19.

The region is also at extreme heightened wildfire risk, especially given the ongoing severe drought conditions in Riverside County. Murrieta is bordered by Cleveland National Forest to the East, placing it in high proximity to dense areas of brush or scrub and increasing its risk of wildfires. In September 2019, for example, the City was impacted by the Tenaja Fire that burned over 2,000 acres in the hillsides in and along the City boundary. MFR has also dispatched strike teams to many of the historically intense and large wildfires that have erupted throughout the state and regionally in Southern California in recent years, including the Camp Fire in 2018 that was the deadliest and most destructive wildfire in California's history, and numerous fires throughout 2020. Most recently on January 23, 2025 a house fire broke out and quickly grew into a brush fire (the Fig Fire), further emphasizing the ongoing wildfire risk faced by the City.

MFR provides mutual aid and frequently coordinates training with the Pechanga Fire Department (Band of San Luiseño Indian reservation). MFR also provides and receives automatic aid to/from CALFIRE, with whom all cities bordering Murrieta contract for fire protection services. Additionally, MFR participates in the statewide mutual aid system and hosts a State Office of Emergency Services Type III fire engine, which is used on statewide responses. MFR further provides tactical paramedic program to the Murrieta Police Department SWAT team and is active with specialized teams, including trench rescue, confined space

sion is to provide unparalleled customer service by safely and efficiently preserving life, property, and the environment through competent, all-risk emergency response, disaster preparedness, training, prevention, and public education for those who live, work, visit, and invest in

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

The current auto extraction toolset MFR relies on has become outdated due to modern vehicle configurations. With nine crashes between 2022 and 2024 requiring the extrication of crash victims, any delay in obtaining a new suite of extrication tools puts the entirety of the target population at risk. Newer vehicles on the road are often built from high-strength steel and advanced materials. This in turn requires up-to-date, stronger extrication tools to ensure effective and safe operations. Outdated equipment delays rescues, thereby increasing the risk of injury or death for trapped victims. Delayed rescues or extended response times due to poor extrication equipment also increases roadway closures, traffic congestion, and the potential for secondary crashes caused by inattentive drivers near crash scenes. Another important upshot of acquiring updated extrication tools is the safety of MFR first responders. More suitable equipment would ensure that first responders can operate efficiently and safely, reducing their exposure to roadway dangers.

Define the target population the grant intends to serve and how they are affected by the problem(s). 404

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Murrieta Fire & Rescue (MFR) serves the entirety of the City of Murietta and their nearly 114,000 residents.

The target population this grant intends to serve includes all residents and visitors who travel through the municipality, whether as drivers, passengers, or pedestrians. Having an Automatic Aid agreement with the joint Cal Fire/Riverside County Fire Department and mutual aid agreements with the Corona and Pechanga Fire Departments, MFR also serves the residents throughout the region and State as a whole. This broad

The sum total of the target population is directly affected by traffic crashes, low visibility of emergency response vehicles, and the risk of compromised extrication response due to outdated equipment. Life-saving vehicle extrication equipment will help MFR protect this large target population and lessen the likelihood of severe injury and death resulting from traffic crashes.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Decrease the average extrication time, from the time of arrival at the crash site to transport.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Develop Memorandums of Understanding (MOUs) with recipient agencies which contain the following: a list and description of equipment; an explanation of the submission of data collection and quarterly reporting; the responsibility of maintaining equipment; and the reporting of the fair market value of equipment every other year.
1 3. Purchase and place fully equipped extrication systems in strategic locations within the jurisdiction.
2 4. Purchase and place pieces of specialized rescue equipment in strategic locations within the jurisdiction.
1 5. Train firefighters in the use of the new equipment. 63

6. Conduct traffic safety presentations with an effort to reach persons and communities.
4 7. Display the OTS funded equipment during Public Safety Fairs, community festivals and/or other Department or community events.
4 8. Report on the number of times the grant-funded equipment is used during an extrication, provide a brief overview of the incident and indicate if the equipment was used to save a life.
4 9. Station #2 - Decrease the average extrication time, from the time of arrival at the crash site to transport, from 22 minutes to 14 minutes. 14 10. Station #1 - Decrease the average extrication time, from the time of arrival at the crash site to transport, from 22 minutes to 14 minutes. 14 3. METHOD OF PROCEDURE
A. Phase 1 Program Preparation (1st Quarter of Grant Year) Determine specific equipment requirements.

Request equipment vendor price quotation for the required equipment per host agency requirement.

Submit purchase orders to equipment vendors for purchase of the equipment.

Prepare and execute Memorandums of Understanding (MOU) with recipient agencies.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
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B. Phase 2 Program Operations (Throughout Grant Year)
Inventory the new equipment following delivery.

Disperse equipment to identified recipient agencies.

Plan a media event announcing the grant funded equipment.

Recipient agencies will identify training needs and objectives and coordinate instructional staff to conduct a high quality training program for their respective agency.

Recipient agencies will develop a preventive maintenance schedule for the new equipment

Media Requirements
The following requirements are for all grant-related activities:

Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.

The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.

Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.

If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.

News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).

Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time

Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.

Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.

Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.

Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. 406

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Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.

Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.

Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.

For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.

Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.

Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.

Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.

Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
EM26005

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402EM-26 20.600 State and Community Highway
Safety
$120,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
Fully Equipped Extrication System 402EM-26 $50,000.00 2 $100,000.00 Combi-tool 402EM-26 $20,000.00 1 $20,000.00
Category Sub-Total $120,000.00
E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $120,000.00

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State of California Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
EM26005

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
-

EQUIPMENT
Fully Equipped Extrication System-Fully equipped extrication systems are generally comprised of a hydraulic pump, fluid, hoses, control valves, and hydraulically actuated spreaders and cutters used primarily for vehicle extrication incidents as well as edraulic tools. It includes every piece of extrication equipment, modifications, attachments, accessories, and auxiliary apparatus necessary to make it usable for the purpose it was acquired.

Combi-tool-Combi-tools are a hydraulically actuated, light-weight, combination cutting, spreading, pulling and pinching tool used for extrication incidents. It includes every piece of equipment, modifications, attachments, accessories, and auxiliary apparatus necessary to make it usable for the purpose it was acquired.

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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State of California Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
EM26005
Appendix A to Part 1300Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of TransportationEffectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
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The preceding statutory and regulatory cites hereinafter are referred to as the respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
onal origin, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. 49 CFR part 21 will be (with regard to an facilitated, in compliance with all requirements
imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:

Act of
1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1] in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the 411

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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub- recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or 412

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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 413

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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

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

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERSPRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and 414

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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

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

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include Regarding Debarment, Suspension, Ineligibility and Voluntary ExclusionLower Tier Covered tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

8. Nothing contained in the foregoing shall be construed to require establishment of a system of 415

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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSIONLOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
416

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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

417

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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1.Each agency is allowed a total of FIVE (5) GEMS Users.

2.GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3.Complete the form if adding, removing or editing a GEMS user(s).

4.The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Mike Lopez
Title: Deputy Fire Chief Media Contact: No
Phone: (951) 461-6152
Email: [email protected]

State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
EM26005

GRANT DETAILS
Grant Number: EM26005
Agency Name: Murrieta Fire and Rescue
Grant Title: Regional Crash Response and Extrication Improvement Program Agreement Total: $120,000.00
Authorizing Official: Bernard Molloy
Fiscal Official: Sue Ann Herring
Grant Director: Mike Lopez
418

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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}

Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}

Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}

Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}

Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}

Name

Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}

Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}

Email address

Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}

As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
419
420
421

01375.0025 2061505.1
RESOLUTION NO. 25-4894

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA, ACCEPTING A GRANT AWARD

THROUGH THE REGIONAL CRASH RESPONSE AND EXTRICATION

IMPROVEMENT PROGRAM ADMINISTERED BY THE STATE OF

CALIFORNIA OFFICE OF TRAFFIC SAFETY A ND AMENDING THE
FISCAL YEAR 2025/26 OPERATING BUDGET TO ALLOCATE AND

APPROPRIATE THE GRANT FUNDS

WHEREAS, the City of Murrieta, through its Murrieta Fire and Rescue Department (“City”), is committed to improving emergency response and extrication times at traffic collision scenes to enhance survivability; and

WHEREAS, the State of California Office of Traffic Safety, through the Regional Crash Response and Extrication Improvement Program (“Program”), provides grant funding to local and regional fire agencies for the purchase of modern extrication equipment to improve crash response outcomes; and

WHEREAS, the City has been awarded $120,000 in grant funding from the Program for the period beginning October 1, 2025, and ending September 30, 2026; and

WHEREAS, the grant funds will enable Murrieta Fire and Rescue to acquire new extrication equipment to replace outdated tools, enhancing operational efficiency and responder safety during emergency incidents; and

WHEREAS, acceptance of this grant requires the City’s compliance with all applicable federal and state grant terms and conditions; and

WHEREAS, the City Council of the City desires to accept the Program grant funds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS

Section 1. The City Council hereby accepts the grant award of $120,000 from the Regional Crash Response and Extrication Improvement Program, administered by the State of California Office of Traffic Safety.

Section 2. The Fiscal Year 2025/26 Operating Budget, as adopted by Joint Resolution No. 25-4837 et al., is hereby amended to include receipt of $120,000 in grant revenue and corresponding appropriation of $120,000 in the budget for the purchase of extrication equipment.

Section 3. The prior execution of the grant agreement by the Fire Chief, or his designee, is hereby ratified and the Fire Chief, or his designee, is authorized to administer the grant and execute any other documents necessary to implement the program in accordance with the grant requirements.

Section 4. That the City shall comply with all terms and conditions of the grant agreement as set forth by the State of California Office of Traffic Safety. 422

RR 5/08/09
2 01375.0025 2061505.1
PASSED AND ADOPTED this 18th day of November, 2025.

____________________________
Cindy Warren, Mayor
ATTEST:
_____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

_____________________________
Tiffany Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 25-4894 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 18th day of November, 2025, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

RECUSAL:
_____________________________
Cristal McDonald, City Clerk
423

CITY OF MURRIETA
City Council Meeting Agenda
Report
11/18/2025
Agenda Item No. 8.

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

Acceptance of a Grant from the Office of Traffic Safety Department of Alcoholic Beverage Control

RECOMMENDATION
Adopt Resolution No. 25-4895 entitled: A Resolution of the City Council of the City of Murrieta, California Accepting a Grant through the Alcohol Policing Partnership Administered by the Department of Alcoholic Beverage Control; and
Amend the Fiscal Year 2025/26 Operating Budget to allocate and appropriate the grant funding.

PRIOR ACTION/VOTE
None.

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

DISCUSSION
The Murrieta Police Department has been awarded a grant from the Office of Traffic Safety (OTS) Department of Alcoholic Beverage Control (ABC). This grant is funded by the National Highway Traffic Safety Administration, with a total award of $26,000, to be used exclusively for officer overtime.

The purpose of the grant is to support the implementation of alcohol enforcement programs, including:
· Minor Decoy Program - Targets licensees who illegally sell alcohol to minors, in accordance with Section 25658(f) of the Business and Professions Code and Rule 141 of the California Code of Regulations.
· Shoulder Tap Program - Targets adults who furnish alcohol to minors near retail alcohol outlets. · IMPACT Program (Informed Merchants Preventing Alcohol-Related Crime Tendencies) - Educates licensees to voluntarily maintain compliance and improve public safety at licensed premises. · Holiday Enforcement Operations - Focuses on high-risk holidays (e.g., Halloween, Thanksgiving, New Year’s Eve, St. Patrick’s Day, Cinco de Mayo, Memorial Day, and Fourth of July) to deter CITY OF MURRIETA Printed on 11/13/2025Page 1 of 2
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Agenda Item No. 8.

New Year’s Eve, St. Patrick’s Day, Cinco de Mayo, Memorial Day, and Fourth of July) to deter underage drinking and alcohol-related incidents.

These programs aim to reduce youth access to alcohol, prevent underage drinking, and decrease alcohol- related crashes and incidents. This grant will enhance the Department’sability to reduce alcohol-associated offenses and improve community safety without impacting the General Fund.

FISCAL IMPACT
Staff recommends that the City Council amend the Fiscal Year 2025/26 Operating Budget to allocate and appropriate the grant funds in a special revenue fund.

There is no local fund match or cost-share requirement for this grant. This is a reimbursable grant, meaning the City must incur the expenditure prior to requesting reimbursement.

ATTACHMENTS

1. Grant Agreement

2. Resolution No. 25-4895
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2. The term of this Agreement is:
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EXHIBIT A

SCOPE OF WORK

Purpose and Description of Services

Contractor agrees to implement the Department of Alcoholic Beverage Control programs as listed:

• Minor Decoy operations – designed to educate and deter licensed locations from selling/furnishing alcohol to minors and shall be conducted at both “On-Sale” and “Off-Sale” licensed establishments within the operations period of the grant.

• Shoulder Tap operations – used to detect and deter adult furnishers outside of a licensed business and shall be performed at “Off-Sale” licensed locations to apprehend adults that are unaffiliated with the licensed businesses who are purchasing alcohol for minors outside of the stores within the operation period of the grant.

• Informed Merchants Preventing Alcohol-Related Crime Tendencies (IMPACT) Inspections – primary goal is to educate licensees on alcohol related laws to help reduce alcohol-related crime in and around licensed premises. Contractor agrees to conduct visits and inspections of licensed premises identifying areas of non-compliance at “On-Sale” and “Off-Sale” licensed locations within the operation period of the grant.

• Holiday Enforcement – This program consists of working general undercover and high-profile enforcement targeting underage drinking, sales/furnishing to minors, sales to obviously intoxicated patrons, and other related violations.

Holidays shall be defined as:
o Halloween – Friday, October 31 to Sunday, November 2, 2025 o Thanksgiving – Wednesday, November 26 to November 30, 2025 o New Year’s Eve – Wednesday, December 31, 2025
o St. Patrick’s Day – Friday, March 13 to Tuesday, March 17, 2026 o Cinco de Mayo – Friday, May 1 to Tuesday, May 5, 2026 o Memorial Day Weekend – Friday, May 22 to Monday, May 25, 2026 o 4
th of July – Friday, July 3 to Sunday, July 5, 2026

The project is targeted to reduce underage drinking and the resultant DUI driving injuries and fatalities, and/or property damages, reduce youth access to alcoholic beverages through the education of licensee, enforcement intervention and the impressions of omnipresence of law enforcement.

In addition, contractor agrees to the following goals:

• Raise public awareness that selling, serving and/or furnishing alcoholic beverages to individuals under twenty-one years old is a criminal violation that will be prosecuted by local city and district attorneys.

• Establish and implement a coordinated effort between contactor and ABC, and acknowledges no operations will be conducted until after the contractor’s representative has completed training conducted by ABC.

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• Issue press releases as follows:
o To announce the start of the program
o At the conclusion of each Minor Decoy Operation held (to announce the number of licensed premises who sold to the minor decoy).
o At the conclusion of each Shoulder Tap Operation held (to announce the number of adults arrested for purchasing alcoholic beverages for the decoy). o At the conclusion of each IMPACT operation held.

• Email each press release to the Department’s Public Information Office, [email protected] as soon as it is released.

• In all press releases, in addition to any credits the agency wishes to give, will include the following statement: “This project is part of the Department of Alcoholic Beverage Control’s Minor Decoy/Shoulder Tap Grant Project, funded by the California Office of Traffic Safety through the National Highway Traffic Safety Administration.”

• Complete and submit bi-monthly reports, in a format designed by ABC due no later than the following:
o On or before January 15, 2026 (with results of operations October, November & December 2025)
o On or before March 15, 2026 (with results of operations January & February 2026) o On or before May 15, 2026 (with results of operations March & April 2026) o On or before July 15, 2026 (with results of operations May & June 2026) o On or before September 15, 2026 (With results of operations July & August 2026)

• Submit an Executive Summary as part of the final report due on or before September 15, 2026.

The summary shall contain the following:
o An evaluation statement concerning the end product and cost benefits; and a listing of recommended and/or adopted policy or procedure changes, if any, occurring as a result of the project.
o Project personnel identifying the key personnel who worked on the project, together with their job classification, and a brief description of their contribution. o Problems – describe any operational or cost problems that were encountered in project implementation. If known, state alternative methods that would have avoided the problem and increased the effectiveness of the project.
o Results – describe the results of the project in terms of meeting the original objectives as stated in the project agreement. Also, describe the results in terms of how they will be specifically applied for future improvement of the agency’s continuing activities relating to alcohol problem prevention and enforcement. Where possible, describe estimated savings resulting from implementing project results.
o Disclaimer – The final report shall include the following: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the State of California, Business, Consumer Services and Housing Agency, or the Department of Alcoholic Beverage Control.”
o Documentation – Attach any relevant documents developed. Examples are new or revised forms, diagrams, management reports, photos, coding manuals, instructional manuals, etc.

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Contract Term

The operation period of the grant is October 1, 2025 through August 31, 2026

Project Representatives

The project representatives during the term of this agreement will be:

Murrieta Police Department Alcoholic Beverage Control
Sgt. Brent Sforzini Diana Fouts-Guter, Grant Coordinator 2 Town Square 3927 Lennane Drive, Suite 100
Murrieta, CA 92562 Sacramento, CA 95834
(951) 219-4823 (916) 928-9807
[email protected] [email protected]

Murrieta Police Department Alcoholic Beverage Control
Dawnn Jackson Kristine Okino, Grant Fiscal Analyst
2 Town Square 3927 Lennane Drive, Suite 100
Murrieta, CA 92562 Sacramento, CA 95834
(951) 461-6321 [email protected]
[email protected]

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EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

INVOICING AND PAYMENT

• For services satisfactorily rendered, and upon receipt and approval of services, Alcoholic Beverage Control agrees to compensate for approved reimbursable costs of personnel overtime and benefits (actual cost) and travel.

• Invoices shall clearly reference the agreement number 26-OTS112 and must not exceed the total authorized contract amount of $26,000. Invoices shall be submitted on a bi-monthly basis, on the prescribed form designed by ABC.

Submit to: Department of Alcoholic Beverage Control
Attn: Kristine Okino, Grants Fiscal Analyst
3927 Lennane Drive, Suite 100
Sacramento, CA 95834

• This grant is only for overtime compensation on approved operations and travel for training held on October 16, 2025 only.

• In accordance with State of CA travel policy, agencies are eligible to receive reimbursement for travel expenses incurred for training on October 16, 2025. https://www.calhr.ca.gov/about-calhr/divisions- programs/benefits/travel-reimbursements/

• Payment shall be made in arrears within 45 days from the receipt of an undisputed invoice.

• Contractor understands in order to eligible for reimbursement; cost must be incurred on or after the effective date of the project, October 1, 2025 and on or before the project termination date, August 31, 2026.

• Contractor understands any other costs incurred by contractor, other than attendance at initial training and/or personnel overtime and benefits as authorized above, in the performance of this agreement are the sole responsibility of contractor.

BUDGET CONTINGENCY CLAUSE

• It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this agreement does not appropriate sufficient funds for the program, this agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to contractor or to furnish any other considerations under this agreement and contractor shall not be obligated to perform any provisions of this agreement.

• If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this agreement with no liability occurring to the State, or offer an agreement amendment to contractor to reflect the reduced amount.

PROMPT PAYMENT CLAUSE

Payment will be made in accordance with, and within the time specified in, Government Code Chapter

4.5, commencing with Section 927.
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EXHIBIT C

GENERAL TERMS AND CONDITIONS

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement.

Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 431

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12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135- 11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)

Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.

a. The Government Code Chapter on Antitrust claims contains the following definitions:

1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.

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2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550.

b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec.15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code),arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552.

c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter ,the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to over charges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.

d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a)the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:

a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and

b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:

a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within 433

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such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt.

Code § 14841.)

b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:

1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)

b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.

c. Notification shall be provided to the State designee identified in this Contract.

d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.

e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State.

f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

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EXHIBIT D

SPECIAL TERMS AND CONDITIONS

Disputes: Any disputes concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Director, Department of Alcoholic Beverage Control, or designee, who shall reduce his decision in writing and mail or otherwise furnish a copy thereof to the contractor.

The decision of the Department shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the contractor mails or otherwise furnishes to the State a written appeal addressed to the Director of the Department of Alcoholic Beverage Control. The decision of the Director of Alcoholic Beverage Control or his duly authorized representative for the determination of such appeals shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal proceeding under this clause, the contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, contractor shall proceed diligently with the performance of the contract and in accordance with the decision of the State.

Cancellation/Termination: This agreement may be cancelled or terminated without cause by either party by giving thirty (30) calendar days advance written notice to the other party. Such notification shall state the effective date of termination or cancellation and include any final performance and/or payment/invoicing instructions/requirements. No penalty shall accrue to either party because of contract termination.

Contractor Certifications: By signing this agreement, contractor certifies compliance with the provisions of CCC 04/2017, Standard Contractor Certification Clauses. This document may be viewed at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List- Folder/Standard-Contract-Language

If the State determines that the grant project is not achieving its goals and objectives on schedule, funding may be reduced by the State to reflect this lower level of project activity.

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01375.0010 2048462.1
RESOLUTION NO. 25-4895

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, CALIFORNIA ACCEPTING A GRANT THROUGH THE

ALCOHOL POLICING PARTNERSHIP ADMINISTERED BY THE

DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL AND
AMENDING THE FISCAL YEAR 202 5/26 OPERATING BUDGET TO

ALLOCATE AND APPROPRIATE THE GRANT FUNDS

WHEREAS, The City of Murrieta (“City”) desires to undertake a certain project committed to reducing alcohol -related traffic incid ents and enhancing public safety through proactive enforcement, education, and community engagement to be funded in part from funds made available through the Alcohol Policing Partnership (APP) Program administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC).

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

Section 1. That the Chief of Police of the City is authorized to execute on behalf of City, the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.

Section 2. That any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency.

The State of California and ABC disclaim responsibility for any such liability.

Section 3. That grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

Section 4. That this award is not subject to local hiring freezes.

Section 5. That the Fiscal Year 25/26 Operating Budget, as adopted by Joint Resolution No. 25- 4837 is amended by allocating an increase of $26,000.00 to the Police Department budget revenue account number 42222 and various expense accounts (i.e., overtime, travel, equipment, and other direct cost) under general ledger key 3550030, and approving expenditure of the same for the purposes stated in the Grant.

PASSED, APPROVED AND ADOPTED this 18th day of November, 2025.

___________________________
Cindy Warren, Mayor
ATTEST:

____________________________
Cristal McDonald, City Clerk

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01375.0010 2048462.1
APPROVED AS TO FORM:

______________________________
Tiffany Israel, City Attorney

I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the City Council on the 18th day of November, 2025, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
_
Cristal McDonald, City Clerk

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CITY OF MURRIETA
City Council Meeting Agenda
Report
11/18/2025
Agenda Item No. 9.

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

Approve an Agreement with American Emergency Products for Police Vehicle Equipment Installation Services

RECOMMENDATION
Approve a five year on-call agreement with American Emergency Products for Police Vehicle Equipment Installation Service; and
Authorize the City Manager to execute the Agreement.

PRIOR ACTION/VOTE
On December 15, 2020, the City Council approved an agreement with American Emergency Products for police vehicle equipment installation services and adopted Resolution No. 20-4345, authorizing entering into agreements with Johnson Equipment Company and American Emergency Products for police vehicle equipment installation services (Vote: 4-0).

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

DISCUSSION
When the Police Department purchases new patrol vehicles, they are delivered without the necessary emergency equipment. This includes essential components such as emergency lights, sirens, prisoner seats, push bumpers, two-way radio systems, rifle racks, and other specialized gear. These items must be purchased and installed separately by companies that specialize in public safety vehicle equipment and installation services.

In October 2020, the City issued a formal Request for Proposals (RFP) to secure a qualified vendor for the upfitting of police vehicles. The goal of the RFP was to identify a vendor capable of providing professional installation and integration of emergency and operational equipment that meets Police Department specifications.

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11/18/2025
Agenda Item No. 9.

Following a competitive bidding process, American Emergency Products (AEP) was selected as one of the two most responsive and responsible bidders. As a result, the City entered into a five-year agreement with AEP, covering the period from December 2020 to December 2025.

Since the start of the contract, AEP has consistently provided high-quality, reliable upfitting services. Their technical expertise, understanding of department standards, and efficient turnaround times have ensured that police vehicles are fully equipped and ready for deployment in a timely manner.

The term of the proposed agreement with AEP is from December 2025 through December 2030. During the course of this term, the Police Department will need to upfit approximately 51 police vehicles on an on-call, as- needed basis.

AEP was also awarded a contract by the City of Chula Vista through a competitive bidding process.

Section 3.08.295 of the Municipal Code authorizes the City to join with other public and quasi-public agencies in a cooperative purchasing program for the purchase of supplies, services, and/or equipment from a vendor at a price established by another public agency when the other agency has made its purchase in a competitive manner. Staff has confirmed that the public safety vehicle equipment installation services needed and the associated agreement (City of Chula Vista, Attachments 2, 3, and 4) complies with the Municipal Code provisions.

FISCAL IMPACT
Funding is available in the City’sVehicle Replacement Fund Operating Budget account 7158200-71060 for professional installation and integration of emergency and operational equipment.

ATTACHMENTS

1. Agreement with American Emergency Products

2. Chula Vista Agreement with American Emergency Products

3. Chula Vista Agreement Extension

4. Chula Vista Resolution
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ON CALL AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)
Project Name/Description (“Project”):Police Vehicle Outfitting Services Contract Number:Click or tap here to enter text.

Contractor Name (“Contractor”):American Emergency Products, A California Corporation doing business as AEP-California LLC
Contractor Business Type:Limited Liability Company (LLC) Contractor Address:10729 Wheatlands Ave., Suite C, Santee, CA 92071 Contractor Representative Name and Title (“ Contractor Representative”):Patrick Trampus, Sales Manager
Contractor Representative Work Phone and Email:(619) 596-1925 - [email protected] Termination Date: December 30, 2030
Total Not-To-Exceed Contract Amount (“Contract Sum”):$3,000,000 City Department Contact (“Department Contact”):Dawnn Jackson, Management Analyst Department Contact Work Phone and Email:(951) 461-6321, [email protected] Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No):No

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RECITALS
The City desires to contract with a Contractor to provide services on an on -call basis as more further set forth herein.

Contractor submitted a quote or proposal to City to provide the above-described services.

City Staff has reviewed all the proposal and after considering the demonstrated competence of Contractor, the qualifications of Contractor, and the fairness and reasonableness of Contractor’s proposed cost, staff has determined that an agreement to provide the required services should be awarded to Contractor.

Click or tap here to enter text.

441

AGREEMENT FOR GENERAL SERVICES
WITH THE CITY OF MURRIETA (“CITY”)

THIS AGREEMENT FOR SERVICES (“ Agreement”) is made and entered i nto and effective on the date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“ City”) and (“ Contractor”). City and Contractor may be referred to individually as “Party” or collectively as “Parties.” In consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. SERVICES OF CONTRACTOR

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide those services specified in the “ Scope of Services ” attached hereto as Exhibit A and incorporated herein by this reference, which may be referred to herein as the “ services” or “ work” hereunder. As a material inducement to City entering into this Agreement, Contractor represents and warrants: a) it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement b) all services set forth in the Scope of Services will be performed in a competent and satisfactory manner; c) all materials used for services will be both of good quality as well as fit for the purpose intended; and, d) Contractor shall follow the highest standards and practices in performing the services required hereunder . Individual tasks under the Scope of Services shall be established on a per project basis. Upon request by City, the Contractor shall provide a detailed task proposal including pricing consistent with those hourly rates as provided in Article II, below. Contractor shall not commence work until an Task Order is issued by the City authorizing the Contractor to perform such work.

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

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

1.4 Licenses, Permits, Fees and Assessments. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for 442

Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Contractor represents and warrants Contractor: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) fully understands the facilities, difficulties and restrictions attending performance of services under this Agreement.

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

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

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT

2.1 Contract Sum. Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the rates specified in the “Schedule of Compensation” attached hereto as Exhibit C and i ncorporated 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 or upon a Task Order , as well as approved by City in advance.

2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, in any month in which Contractor wishes to receive payment, no later than the first business day of such month, Contractor shall submit to City, in 443

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 und er this Agreement, Contractor is certifying compliance with all provisions of this Agreement. Except as provided in Section s 7.3, 7.4 and 7.5, City shall pay Contractor for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and City will use its best efforts to make payment no later than forty -five (45) days, from the submission of an invoice in an approved form. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor for correction and resubmission. Review and payment by City for any invoice provided by Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Each invoice is to include (unless otherwise specified by City) : 1) line items for all personnel describing the work performed, the number of hours worked, and the hourly rate; 2) line items for all materials and equipment properly charged to the Services; 3) line items for all other approved reimbursable expenses claimed, with supporting documentation ; and 4) l ine items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

ARTICLE 3. PERFORMANCE SCHEDULE

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

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

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

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

3.2 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement upon receipt of a written Task Order and shall perform all services within the time period(s) established in the Task Order or generally within the time periods established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Contractor shall within ten (10) days of the commencement of such delay notify City in writing of the 444

causes of the delay. City shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of City such delay is justified. City’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

ARTICLE 4. COORDINATION OF WORK

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

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

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

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

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

No City employee benefits shall be available to Contractor, its officers, employees, agents or subcontractors, in connection with the performance of this Agreement. 445

City shall not be liable for compensation or indemnification to Contractor, its officers, employees, agents or subcontractors, for injury or sickness arising out of performing services hereunder.

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

ARTICLE 5. INSURANCE AND INDEMNIFICATION

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

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

Further Provisions. The indemnity obligation herein shall be binding on successors, assigns and heir s of Contractor and shall survive termination of this Agreement.

Contractor shall incorporate similar indemnity agreements as provided herein with its subcontractors, and if Contractor fails to do so Contractor shall be fully 446

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.

Payment of invoices by City is not a conditio n precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence or willful misconduct of City, Contractor will be obligated to pay for City’s de fense until such time as a final judgment has been entered adjudicating City as solely negligent or responsible for willful misconduct. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including b ut not limited to attorney’s fees, expert fees and costs of litigation.

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Records. Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, re ports, 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 s uch 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. Contractor shall fully cooperate with City in providing access to any and all Contractor records and documents if a public records request is made and disclosure is requir ed by law including but not limited to the California Public Records Act.

6.2 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (“ documents and materials ”) prepared by Contractor, its officers, employees, agents and subcontractors in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of City and/or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership , use, reuse, or assignment of the documents and materials hereunder. Contractor may retain co pies of such documents and materials for its own use. Contractor shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents and materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, with respect to any Contractor documents and 447

materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for City.

6.3 Confidentiality and Release of Information. All information gained or work product produced by Contractor in its performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from City. Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories o r other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor immediately gives City notice of such court order or subpoena. If Contractor, or any offic er, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Contractor’s conduct. As concerning, r egarding or related to, in any way, this Agreement and the work performed thereunder: a) Contractor shall immediately notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party ; b) City retains the right, bu t has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding; and, c) Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provid ed by Contractor, however, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

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

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

7.4 for termination for cause. City reserves the right to terminate or suspend this Agreement, or any portion hereof, at any time, for any reason, with or without cause, upon ten (10) days’ notice to Contractor, except that where termination or 448

suspension is due to the fault of Contractor, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Contractor shall immediately cease all services hereunder , unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2. 2, Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensation, or such a s may be approved by City, except as provided in Section 7.5. In event of termination , or suspension, without cause pursuant to this Section, there is no need to provide opportunity to cure pursuant to Section 7.3.

7.3 Default of Contractor and Opportunity to Cure. In the event that Contractor is in default under the terms of this Agreement, City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively t en (10) days, but may be extended, or reduced, if circumstances warrant, as determined by City. During the period of time that Contractor is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices , without liability for interest. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default by conclusion of noticed timeframe , City may immediately both terminate this Agreement with notice to Contractor as well as pursue the remedy in Section 7.4, without prejudice to any other rem edy to which City may be entitled at law, in equity or under this Agreement . Any failure on the part of City to give notice of Contractor’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement.

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

7.5 Retention of Funds. Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) a ll amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or vali dity of which is disputed by Contractor, or any 449

indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Contractor to insure, indemnify, and protect City as elsewhere provided herein.

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

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

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

7.9 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether lega l or equitable, shall be entitled to reasonable attorneys ’ fees. Attorneys’ fees shall include attorneys ’ fees on any appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, Contractors’ fees, taking depositions and discovery and all other necessary costs the court allows which are incurred in such 450

litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

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

8.2 Conflict of Interest. Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectl y, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of City. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Contractor written notice describing the conflict. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which affects their financial interest or the financial interest of any corporation, partnership or association in which they are, directly or indirectly, interested, in violation of any State statute or regulation. Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

ARTICLE 9. MISCELLANEOUS PROVISIONS

City addressed to City Clerk at City of Murrieta, 1 Town Square, Murrieta California 92562, and in the case of Contractor, to the person(s) at the address designated on the cover page of this Agreement. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

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

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

9.4 Integration; Amendment. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties as to the Agreement . It is understood that there are no oral agreements between the Parties hereto affecting this Agreement, and this Agreement supersedes and cancels any and all prior and contemporaneous negotiations, arrangements, agreements and understandings, if any, between the Parties, concerning this Agreement, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contractor and by City.

9.5 Severability. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the rema ining 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 barg ain or renders this Agreement meaningless.

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

(iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) entering into thi s Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.

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

[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF MURRIETA, a California municipal
corporation
By:

Justin Clifton, City Manager
ATTEST: Date:

Cristal McDonald, City Clerk
Date:

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

Tiffany Israel, City Attorney
Date:

CONTRACTOR:

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

By:

Name: Click or tap here to enter text.

Title: Click or tap here to enter text.

Date:

By:

Name:Click or tap here to enter text.

Title:Click or tap here to enter text.

Date:
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EXHIBIT "A"

SCOPE OF SERVICES
I. Contractor will perform the following Services on an On-Call Basis:

A. General Description:

Contractor/Service Provider Will Provide Vehicle Outfitting Services to the Police Department

B. Detailed Description:

Attachment A outlines the pricing specifications for the vehicle outfitting services.

Delivery Instructions
Vehicle shall be delivered complete and ready for operation. Contractor/Service Provider requests 8 weeks of advance notice by the City for new vehicle installations. This advance notice is to allow Contractor/Service Provider to schedule labor resources and procure all necessary components for installation. Most equipment manufacturers require 4 -6 weeks for product lead times. Advance notice by the City will avoid delays in the vehicle production.

Once installation has commenced, it will take approximately 5-7 working days to complete, based on the complexity and labor requirement.

FOB Point
Prices quoted shall be FOB Destination to the City at the Address set forth in the Agreement.

II. Contractor must perform all on -call Services in compliance with the following requirements:

A. Each task shall be indicated by a written request (“ Task Order”) produced by the Department Contact with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.

B. Contractor must prepare a written description of the requested tasks including all components and subtasks; the costs to perform the task (“Task Budget”), usi ng the itemized fees in Exhibit C, Schedule of Compensation, whenever a requested task is provided for in Exhibit C; explain how the cost was determined; and, a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal”.

C. Department Contact shall in writing approve, modify or reject the Task Proposal, and may issue a Task Order.
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D. The task shall be performed at a cost not to exceeding the Task Budget.

E. Contractor shall complete the task and deliver all deliverables to Department Contact by the Task Completion Date.

III. In addition to any other requirements of this Agreement, during performance of the Services, Contractor will keep the City appraised of the status of performance by delivering the following status reports:

Click or tap here to enter text.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

V. Contractor will utilize the following personnel to accomplish the Services:

Click or tap here to enter text.

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EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)

Click or tap here to enter text.
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EXHIBIT “C”

SCHEDULE OF COMPENSATION

I. Contractor shall establish a Task Budget for each Task identifying the subtasks, based on the time and rates of the personnel performing the subtasks, and itemizing all materials and equipment utilized and the costs thereof. If payment is to be made other than at c ompletion of the services, then the phases of the performance and percentage of payment due shall also be shown in the Task Proposal.

II. City will compensate Contractor for the Services performed upon submission of a valid invoice. Each invoice is to include
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

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

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

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

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

IV. Contractor’s billing rates for any Services are attached as Exhibit C-1. In connection with the services provided pursuant to the terms of this Agreement, City will pay Contractor upon City’s receipt of a written invoice provided by Contractor no more than monthly. City will pay Contractor for work completed, billed in increments of six minutes (0.1 hours), not to exceed the Contract Sum . The City will reim burse the Contractor for reasonable out -of-pocket expenses related to performing services on behalf of the Client that are approved in advance in writing by the City such as mileage, copies, binding costs, postage, parking, travel, and lodging expenses as part of the not to exceed Contract Sum. To receive reimbursements, the Contractor 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. Contractor shall perform Services on an on-call basis as set forth in Exhibit A.

II. Contractor shall deliver all tangible work products to the City by the dates provided in the relevant Task Order.

III. The Department Contact may approve extensions for performance of the Services in accordance with Section 3.2.

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EXHIBIT E

INSURANCE REQUIREMENTS

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

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

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

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

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

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

Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be suff iciently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social e ngineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of 460

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privacy violations, information theft, damage to or destruction of electronic information, release of private inf ormation, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

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

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

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

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

Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided t hat 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 req uirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

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

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self -insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will sat isfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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

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

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s 462

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obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

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

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EXHIBIT F

FEDERAL REQUIREMENTS
(Only applicable if required on cover page of agreement) 464
1 City of Chula Vista Agreement No.: 2022-006
Service Provider Name: American Emergency Products Rev. 2/4/21

CITY OF CHULA VISTA

CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT

WITH AMERICAN EMERGENCY PRODUCTS

TO PROVIDE VEHICLE OUTFITTING SERVICES FOR THE POLICE DEPARTMENT

This Agreement is entered into effective as of February 15, 2022 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and American Emergency Products , A California Corporation doing business as AEP-California LLC (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts:

RECITALS

WHEREAS, on December 21, 2021, the City issued Request for Bid (RFB) #B09-22/23 to seek bids from vendors who can provide vehicle outfitting services for the Police Department; and

WHEREAS, City staff conducted a thorough review to determine whether the bid conformed to the solicitation and was considered to be in the best interest of the City, regarding price, experience and service delivery; and

WHEREAS, Contractor/Service Provider was selected because it is the only qualified vendor to meet the Police Department’s vehicle outfitting requirements; and

WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement.

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2 City of Chula Vista Agreement No.: 2022-006
Service Provider Name: American Emergency Products Rev. 2/4/21

OBLIGATORY PROVISIONS

NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows:

1. SERVICES

1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”

1.2 Reductions in Scope of Work . City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction.

1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, C ity may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Servi ces. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein.

Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purpos es of this Agreement.

1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations.

1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors.

1.6 Security for Performance . In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such a dditional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.

1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.

1.8 Business License . Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City.

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3 City of Chula Vista Agreement No.: 2022-006
Service Provider Name: American Emergency Products Rev. 2/4/21

1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement.

1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect.

2. COMPENSATION

2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2.

2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All char ges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved bu dget.

Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget.

2.3 Payment to Contractor/Service Provider . Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.

2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider.

2.5 Reimbursement of Costs . City may reimburse Contractor/Service Provider ’s out -of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provi ded in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services.

2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City DocuSign Envelope ID: EC1B6E52-92DD-4D4F-B069-DDAD0454A3D7 467
4 City of Chula Vista Agreement No.: 2022-006
Service Provider Name: American Emergency Products Rev. 2/4/21

shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors.

2.7 Payment Not Final Approval . Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligibl e for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount.

3. INSURANCE

3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.

3.2 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work.

3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compen sation Insurance, insurance issued by the State Compensation Fund is also acceptable.

3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement.

3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage.

3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.

Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance.

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5 City of Chula Vista Agreement No.: 2022-006
Service Provider Name: American Emergency Products Rev. 2/4/21

3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s).

3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City.

3.9 Verification of Coverage . Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all c ertificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications.

3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply:

a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement.

b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement.

c. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.

d. A copy of the claims reporting requirements must be submitted to the City for review.

3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.

3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained.

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6 City of Chula Vista Agreement No.: 2022-006
Service Provider Name: American Emergency Products Rev. 2/4/21

4. INDEMNIFICATION

4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any an d all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or inciden t to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider , its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of s uch performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, con nected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party.

4.2. Modified Indemnity Where Agreement Involves Design Professional Services . Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8.

4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.

4.4. Contractor/Service Provider’s Obligations Not Limited or Modified . Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider . Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement.

4.5. Enforcement Costs . Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4.

4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement.

5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.

5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Provider s performing work for government agencies to publicly disclose certain of their personal assets and incom e using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.

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7 City of Chula Vista Agreement No.: 2022-006
Service Provider Name: American Emergency Products Rev. 2/4/21

5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider , or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement.

Contractor/Service Provider warrants and represents that it has not em ployed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it ha s not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resu lting from the award or making of this Agreement.

Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider ’s subcontractors.

Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability.

6. REMEDIES

6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.

6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fif teen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Prod uct shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agr eement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.

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8 City of Chula Vista Agreement No.: 2022-006
Service Provider Name: American Emergency Products Rev. 2/4/21

6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.

6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this r eference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.

6.5 Governing Law/Venue. This Agreement shall be governed by and constr ued in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California.

6.6 Service of Process. Contractor/Service Provider agrees that it is subj ect to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.

7. OWNERSHIP AND USE OF WORK PRODUCT

All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.

8. GENERAL PROVISIONS

8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.

8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign a ny of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.

8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind DocuSign Envelope ID: EC1B6E52-92DD-4D4F-B069-DDAD0454A3D7 472
9 City of Chula Vista Agreement No.: 2022-006
Service Provider Name: American Emergency Products Rev. 2/4/21

Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof.

8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.

8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhi bits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.

8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials rel ating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers.

8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.

8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“ Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or ot her leave benefits.

Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely res ponsible for the payment of same and shall hold the City harmless with respect to same.

Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.

8.9 Notices. All notices, demands or requests provided for or permitted to be give n pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.

8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, DocuSign Envelope ID: EC1B6E52-92DD-4D4F-B069-DDAD0454A3D7 473
10 City of Chula Vista Agreement No.: 2022-006
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including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.

(End of page. Next page is signature page.)
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SIGNATURE PAGE

CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT

IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.

AMERICAN EMERGENCY PRODUCTS CITY OF CHULA VISTA

BY:________________________________ BY: ________________________________ PATRICK TRAMPUS MARIA V. KACHADOORIAN

SALES MANAGER CITY MANAGER

APPROVED AS TO FORM

BY: ________________________________
Glen R. Googins
City Attorney

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EXHIBIT A

SCOPE OF WORK AND PAYMENT TERMS

1. Contacts for Contract Administration and Legal Notice

A. City Contract Administration:

Jonathan Alegre, Police Administrative Services Administrator Chula Vista Police Department
315 Fourth Avenue
Chula Vista, CA 91910
(619) 476-2570
[email protected]

For Legal Notice Copy to:

City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
[email protected]

B. Contractor/Service Provider Contract Administration:

AMERICAN EMERGENCY PRODUCTS
10729 Wheatlands Ave., Suite C
Santee, CA 92071
(619) 596-1925
[email protected]

For Legal Notice Copy to:

Patrick Trampus, Sales Manager, same as above

2. Required Services

A. General Description:

Contractor/Service Provider Will Provide Vehicle Outfitting Services to the Police Department

B. Detailed Description:

Attachment A outlines the pricing specifications for the vehicle outfitting services.

Delivery Instructions
Vehicle shall be delivered complete and ready for operation. Contractor/Service Provider requests 8 weeks of advance notice by the City for new vehicle installations. This advance notice is to allow Contractor/Service Provider to schedule labor resources and procure all necessary components for installation. Most equipment manufacturers require 4-6 weeks for product lead times. Advance notice by the City will avoid delays in the vehicle production.

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Once installation has commenced, it will take approximately 5 -7 working days to complete, based on the complexity and labor requirement.

Contractor/Service Provider will meet or exceed the City’s requirement for three (3) vehicles per week when proper advance notice has been provided.

FOB Point
Prices quoted shall be FOB Destination.

City of Chula Vista
Attention: Fleet Manager
Public Works/Fleet Operations
1800 Maxwell Rd.

Chula Vista, CA 91911

Firm Prices
Prices shall remain firm for outfitting of vehicles specified for the initial agreement period of February 15, 2022 to February 14, 2023. This agreement can be extended for additional four (4) one -year options. (See Section 5 below.) Price increases to be agreed upon during annual renewal. Increase based upon current San Diego CPI and capped at a maximum 5%.

Payment Terms
Terms: Net 30 days

3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin February 15, 2022 and end on February 14, 2023 for completion of all Required Services.

4. Compensation:

A. Form of Compensation

☒ Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by Contractor/Service Provider in the performance of the Required Services, at the rates or amounts as indicated in Attachment A.

B. Reimbursement of Costs

☒ None, the compensation includes all costs.

Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through February 14, 2027 shall not exceed $3,000,000.

5. Special Provisions:

☒ Permitted Sub-Contractor/Service Providers: None.

☒ Security for Performance: None.

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☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or February 15 to February 14. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be incr eased by up to current San Diego CPI and capped at a maximum 5% for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.

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EXHIBIT B

INSURANCE REQUIREMENTS

Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).

Type of Insurance Minimum Amount Form
☒ General Liability:

Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit

Additional Insured Endorsement
or Blanket AI Endorsement for
City*

Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01

*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement

Other Negotiated Insurance Terms: None.

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EXHIBIT C

CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION

The Political Reform Act 1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessi ble to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3

☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows:

APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)

Name Email Address Applicable Designation
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.

Justification:

☒ C. Excluded from Disclosure

1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.

2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.

3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.

Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.

Completed by: Jonathan Alegre

1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company).

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Attachment "A" Pricing Sheet
Police Vehicle Outfitting - Ford Explorer (Interceptor) # Manufacturer Part # Outfitter Part # Description Patrol QTY K9 QTY Sgt QTY Unit Price Patrol Ext. K9 Ext. Sgt. Ext.

Emergency Lighting and Siren System
1 ENGCC01243 bluePRINT Central Controller 3.0 1 1 1 390.00$ 390.00$ 390.00$ 390.00$ 2 ENGSA07152 bluePRINT 480 Series Siren Module, 200 Watt 1 1 1 415.00$ 415.00$ 415.00$ 415.00$ 3 ENGCP18001 bluePRINT Siren Control Panel w/Push Button 1 1 1 173.00$ 173.00$ 173.00$ 173.00$ 4 ENGND04101 bluePRINT Remote Node, 10-Outputs, 4-Inputs 1 1 1 217.00$ 217.00$ 217.00$ 217.00$ 5 ENGLMK008 bluePRINT Mini Link OBD2 Module, Multi Ford PI Utility. 1 1 1 298.00$ 298.00$ 298.00$ 298.00$ 6 ENGSYMD01 bluePRINT SYNC Module w/Antenna 1 1 1 242.00$ 242.00$ 242.00$ 242.00$ 7 B07PPLK8L4 RJ45 Splitter, 1-Male to 3-Female, Use for BP SYNC/LINK/CP 1 1 1 20.00$ 20.00$ 20.00$ 20.00$ 8 2122 Cat5 Cable, 3',Blue, Ext BOB to Splitter/Central 1 1 1 5.00$ 5.00$ 5.00$ 5.00$ 9 3711 Cat5 Cable, 3', Pink, 480 Siren Amp to Central 1 1 1 5.00$ 5.00$ 5.00$ 5.00$ 10 S249-3200 Under Hood Remote Node Mounting Bracket, Ford Utility 1 1 1 28.60$ 28.60$ 28.60$ 28.60$ 11 EMPLB00214-035 SoundOff mPower 55" Exterior Light Bar for 2020+ Ford Util. 1 1 1 2,350.00$ 2,350.00$ 2,350.00$ 2,350.00$ -Dual Color Corners (R/W Driver, B/W Pass)
-California Steady Red
-Front Facing Dual Color Modules (R/W driver, B/W Pass) -Rear Facing Dual Color Modules
-LED Alley/Scene Lighting
-Rear "Brake with Warn" Function
-Hook Mount Kit for 2020+ Ford Utility
12 ETSS100J5 100L Series Pro. Speaker w/ Universal Bail Bracket-100 WATT 2 2 2 182.00$ 364.00$ 364.00$ 364.00$ 13 ELUC3H010D Univ. Undercover LED Insert, Red/White (Driv. Headlight) 1 1 1 80.00$ 80.00$ 80.00$ 80.00$ 14 ELUC3H010E Univ. Undercover LED Insert, Red/White (Pass. Headlight) 1 1 1 80.00$ 80.00$ 80.00$ 80.00$ 15 PLUCTCL1 Twist-In UC LED Collar Kit 4 4 4 3.00$ 12.00$ 12.00$ 12.00$ 16 ELUC3H010B Univ. Undercover LED Warning Light Insert, Blue (Tail Lights) 2 2 2 80.00$ 160.00$ 160.00$ 160.00$ 17 ENT3B3D Intersector LED Under Mirror Warning Light, Red/White 2 2 2 180.00$ 360.00$ 360.00$ 360.00$ 18 ENT3B3E Intersector LED Under Mirror Warning Light, Blue/White 2 2 2 180.00$ 360.00$ 360.00$ 360.00$ 19 ENFRMS3(D) nForce LED, D12, Red/White, Replacement Module 1 1 1 95.00$ 95.00$ 95.00$ 95.00$ 20 ENFRMS3(E) nForce LED, D12, Blue/White, Replacement Module 1 1 1 95.00$ 95.00$ 95.00$ 95.00$ 21 PMP2BKUMB4 Under Mirror Bracket, mPower/Intersector, 20+ Utility 2 2 2 40.00$ 80.00$ 80.00$ 80.00$ 22 EMPS2STS4D mPower Fascia LED, Stud Mount, 12 LED R/W (Rear 1/4 Driv) 1 1 1 119.00$ 119.00$ 119.00$ 119.00$ 23 EMPS2STS4E mPower Fascia LED, Stud Mount, 12 LED B/W (Rear 1/4 Pass) 1 1 1 119.00$ 119.00$ 119.00$ 119.00$ 24 PMP2WSSSB 4" mPower 25-90* Glass Mount/Shroud (Rear 1/4 Glass) 2 2 2 9.25$ 18.50$ 18.50$ 18.50$ 25 EMPS2QMS4J mPower Fascia LED, Quick Mount, 12 LED R/B (License Plate) 2 2 2 119.00$ 238.00$ 238.00$ 238.00$ 26 EMPS2STS5RBW mPower Fascia LED, Stud Mount, 18 LED, 2 2 2 132.00$ 264.00$ 264.00$ 264.00$ 27 PMP2RS101 Under Spoiler Bracket Set, 1-Module, 2020+ Utility 1 1 1 40.00$ 40.00$ 40.00$ 40.00$ 28 EMPS1SLS1R mPower 3" Stud Mount, 4 LED Red (Lift Gate Open-Driver) 1 1 1 72.00$ 72.00$ 72.00$ 72.00$ 29 EMPS1SLS1B mPower 3" Stud Mount, 4 LED Blue (Lift Gate Open-Pass) 1 1 1 72.00$ 72.00$ 72.00$ 72.00$ Vehicle Protection
1 BC0523ITU20 PB450-LR Push Bumper, SoundOff nForce/Intersector 1 1 1 465.00$ 465.00$ 465.00$ 465.00$ DocuSign Envelope ID: EC1B6E52-92DD-4D4F-B069-DDAD0454A3D7 481
Attachment "A" Pricing Sheet
Police Vehicle Outfitting - Ford Explorer (Interceptor) Electrical System
1 PP-PF2-BP-001-A Patrol Power Plug-n-Play Harness - Primary 1 1 1 1,599.00$ 1,599.00$ 1,599.00$ 1,599.00$ 2 PP-UF2-BP-001-A Patrol Power Plug-n-Play Harness - Under Hood 1 1 1 299.00$ 299.00$ 299.00$ 299.00$ 3 PP-BU1-SO-001-A Patrol Power Plug-n-Play Harness - Bumper 1 1 1 118.00$ 118.00$ 118.00$ 118.00$ 4 PIU20-EQUIP-001 Electronics Mounting Plate SOS, DRV 1/4 Panel, '20+ Utility 1 1 1 140.00$ 140.00$ 140.00$ 140.00$ 5 PIU20-RADIO-KIT Radio T/R Mounting Bracket, OEM Cubby Pocket, '20+ Utility 1 1 1 52.00$ 52.00$ 52.00$ 52.00$ 6 ECVDMLTST4G Universal LED Interior Dome Light (UCG/Rear Passenger Int) 2 2 2 26.00$ 52.00$ 52.00$ 52.00$ 7 ECVDMLTAL00 LED Dome Light, Red/White, Universal (Lift Gate & Interior) 2 2 1 62.00$ 124.00$ 124.00$ 62.00$ 8 491-SC36MP Compact Foot Switch w/Mounting Plate 1 1 1 45.00$ 45.00$ 45.00$ 45.00$ 9 AEP-SW-IDLE Switch, Idle Security, Off-On 1 1 1 15.00$ 15.00$ 15.00$ 15.00$ 10 AEP-SW-DOME1 Switch, Rear Dome Light, Off-On 1 1 15.00$ 15.00$ 15.00$ -$ 11 AEP-SW-GATE Switch, Chula Vista Gate Opener, (On)-Off-(On) 1 1 1 15.00$ 15.00$ 15.00$ 15.00$ 12 13-100 Toggle Switch, Off-On, SPST.. 1 1 1 8.00$ 8.00$ 8.00$ 8.00$ 13 AEP-LABEL-CARGO-DC Switch Label Plaque, "Cargo Dome, Door-Off" 1 1 1 6.00$ 6.00$ 6.00$ 6.00$ 14 GRA-FLB1 Flashlight Mounting Bracket 1 1 1 48.00$ 48.00$ 48.00$ 48.00$ 15 76112 Streamlight Polystinger LED Flashlight w/ charger 1 1 1 145.00$ 145.00$ 145.00$ 145.00$ 16 Varies Various Additional Installation Materials/Shop Supplies 1 1 1 175.00$ 125.00$ 125.00$ 175.00$ Center Equipment Console
1 7170-0735-01 20+ Ford Utility Console 10"/4.5", w/Cup Holder/Arm Rest 1 1 1 565.00$ 565.00$ 565.00$ 565.00$ 2 11010 DC Power Port 1 1 1 2.40$ 2.40$ 2.40$ 2.40$ 3 11011 DC Power Port Cap 1 1 1 0.50$ 0.50$ 0.50$ 0.50$ 4 7160-0321 Console Faceplate, Motorola XTL/APX Remote Radio, 3" 1 1 1 -$ -$ -$ -$ 5 14619 Console Faceplate, SoundOff nErgy 400 Remote Siren, 3.5" 1 1 1 -$ -$ -$ -$ 6 15083 2" Console Switchplate, 6 Contura Switch Cutouts 1 1 1 -$ -$ -$ -$ 7 18492 Blank Console Filler Plate, 1.5" 1 1 1 -$ -$ -$ -$ 8 B005IR3ALG Keystone/Heddolf P220-2KA 2-Ch Transmitter (Chula Vista) 1 1 1 40.00$ 40.00$ 40.00$ 40.00$ 9 COVP-PIU-KIT Patrol Power Black-Out Module w/ Ford PIU Harness 1 1 1 399.00$ 399.00$ 399.00$ 399.00$ 10 MMBP-25 Magnetic Microphone Mount 2 2 2 35.00$ 70.00$ 70.00$ 70.00$ 11 11019 Dual USB 2.4A Charger for Contura SW Cut-Out 1 1 1 24.00$ 24.00$ 24.00$ 24.00$ DocuSign Envelope ID: EC1B6E52-92DD-4D4F-B069-DDAD0454A3D7 482
Attachment "A" Pricing Sheet
Police Vehicle Outfitting - Ford Explorer (Interceptor) Computer Mount
1 AS7.D900.103-PS DELL Rugged Advanced TPT Dock w/Lind Power 1 1 1 1,250.00$ 1,150.00$ 1,250.00$ 1,250.00$ 2 7160-1216-09 Mongoose XLE 9" Motion Attachment 1 1 1 368.00$ 368.00$ 368.00$ 368.00$ 3 AS7.D900.001 Side Screen Support 1 1 1 65.00$ 57.00$ 65.00$ 65.00$ Radio Communication
1 GP-IN2237 GPSB Sharkee Ant. Kit, Cell w/TNC, GPS w/TNC, Wifi w/TNC 1 1 1 229.00$ 229.00$ 229.00$ 229.00$ 2 AFGB-832 Antenna Whip (Sharkee), 760-876 MHz 1 1 1 26.00$ 26.00$ 26.00$ 26.00$ 3 C23F-5M Radio Antenna Extension Cable, 16', Mini UHF (MPL) 1 1 1 15.00$ 15.00$ 15.00$ 15.00$ Prison Transport
1 PK1186ITU20-TM 10XL C2 Partition, Recessed, Poly Sliding Window, TM '20 1 808.00$ 808.00$ -$ -$ 2 QK0566ITU20 Transport Seat w/ Center Pull Belts, Poly Rear Partition '20 1 1,186.00$ 1,186.00$ -$ -$ 3 DK0100ITU20 Door Panel Kit, TPO Cover, 2020 Ford Utility 1 236.00$ 236.00$ -$ -$ 4 WK0514ITU20H Window Barriers, Steel Horizontal Bars, 2020 Ford Utility 1 236.00$ 236.00$ -$ -$ 5 ECVDMLTST4G Universal LED Interior Dome Light, (24) Bright White LED's 2 26.00$ 26.00$ -$ -$ K9 Transport
1 K9-F28-1-B 2020 Ford Utility K9 Transport System, Black 1 2,706.00$ -$ 2,706.00$ -$ 2 WGI007335 Havis K9 Kennel Window Guard Fan Adapter 1 43.00$ -$ 43.00$ -$ 3 F3 K9 Deployment and Heat Alert System w/Pager 1 1,299.99$ -$ 1,299.99$ -$ 4 SUM-G4901S 10" Electric Cooling Fan, Push/Pull, 666 CFM 1 85.00$ -$ 85.00$ -$ 5 K9A13145 K9 No Spill Water Bowl 1 36.00$ -$ 36.00$ -$ 6 9416K2-60 Gas Spring for K9 Door on '20+ Ford Utility. 22.36" 60lb 1 32.00$ -$ 32.00$ -$ 7 9416K74 10 mm Steel Ball Socket for M6 Thread Gas Spring with Thread 2 5.00$ -$ 10.00$ -$ DocuSign Envelope ID: EC1B6E52-92DD-4D4F-B069-DDAD0454A3D7 483
Attachment "A" Pricing Sheet
Police Vehicle Outfitting - Ford Explorer (Interceptor) 8 0717148 Spring for K9 Door Solenoid of Ford SUV 1 12.00$ -$ 12.00$ -$ 9 AEP-UV-K9-BKT Door Latch Cable Bracket for K9 Release 1 12.00$ -$ 12.00$ -$ 10 K9-A-110-B Headliner Protection Inserts, Black 1 185.00$ -$ 185.00$ -$ 11 Window Tint Window Tint. Equivalent to 35% Front, 5% Rear 1 325.00$ -$ 325.00$ -$ Rear Command Console
1 ENGND04101 bluePRINT Remote Node, 10-Outputs, 4-Inputs 1 217.00$ -$ -$ 217.00$ 2 ENGHNK02 bluePRINT Remote Node Harness Kit, 16-Pin 1 41.00$ -$ -$ 41.00$ 3 C-TTP-INUT-1201 Ford Interceptor Utility Premium Fold-Up Cargo Plate 1 690.00$ -$ -$ 690.00$ 4 C-TTP-INUT-4 Equipment Tray for Cargo Plate 1 245.00$ -$ -$ 245.00$ 5 AD-1001 Custom Command Console, Ford Utility (See Drawing) 1 4,400.00$ -$ -$ 4,400.00$ 6 13010160 Polycarbonate sheet clear 1/8" 48"X96" 1 120.00$ -$ -$ 120.00$ 7 FP-MXTL2500 Console Faceplate for XTL / APX Radio, 3" 1 34.00$ -$ -$ 34.00$ 8 FP-BLNK1 Console Blank Faceplate, 1" 1 12.00$ -$ -$ 12.00$ 9 GM-65/8 Radio Speakers 2 14.50$ -$ -$ 29.00$ 10 MMBP-25 Magnetic Microphone Mount 1 35.00$ -$ -$ 35.00$ 11 SAM-450-12 DC-AC Modified Sine Inverter, 450-Watt 1 55.00$ -$ -$ 55.00$ 12 5298 Extension Cord Set, 16awg, 3' 1 3.75$ -$ -$ 3.75$ 13 AEP-UN1011F0.01
AC / DC Power Outlet Console Face Plate, Accommodates (1) Decora Duplex AX Outlet and (2) DC Power 1 45.00$ -$ -$ 45.00$ 14 PT26252BK Decora Duplex AX Outlet, 120V AC / 15 Amps, Black 1 20.00$ -$ -$ 20.00$ 15 PTRA6-STR 6" PT Connector for PT26252BK 1 4.50$ -$ -$ 4.50$ 16 HKN6169B 17' Blue Remote Cable (PM1500, APX6500/XTL 5000 1 80.00$ -$ -$ 80.00$ 17 11014 USB Power Charger,12VDC Outlet Power Plate 1 20.00$ -$ -$ 20.00$ 18 MLS-D36216 Double row LED Strip Light, White 36" 1 58.00$ -$ -$ 58.00$ Weapon Mount
1 GRPXXX1B1X238 Dual Gun Rack, Univ. Partition Mount, 870 / AR15 with BLM 1 550.00$ 550.00$ -$ -$ 2 GRKXXX6B1X238 Dual Gun Rack, K9 Kennel Mount, 870 w/SC1, AR w/SC6 1 675.00$ -$ 675.00$ -$ 3 GRFF016B1X232 Dual Free Standing Gun Rack, 870 w/SC1#2, AR with SC6 1 950.00$ -$ -$ 950.00$ 4 AR/TDP-GUARD AR-15 Takedown Pin Guard 1 1 1 175.00$ 175.00$ 175.00$ 175.00$ Cargo / Vehicle Protection
1 7126-7614E Weapon Locker. E-Push Button, 3 point lock (Alt Patrol Con.) 1 1,618.00$ 1,618.00$ -$ -$ 2 7126-PIC20 Elevated Stand-Boss 7611 Locker. (Alt Patrol Configuration) 1 240.00$ 240.00$ -$ -$ 3 PIU20-CARGO-KIT Cargo Guard w/hinged EZ Access. '20 Utility w/Setina 12VS 1 938.00$ 938.00$ -$ -$ 4 TK0841TU20 Setina 2 Drawer, Sliding, Top Combo, Elevated 2020PIU 1 1,600.00$ -$ 1,600.00$ -$ 5 PIU20-BXK9ADPT Brackets for Setina Strong Box w/Havis Kennel 20+PIU 1 150.00$ -$ 150.00$ -$ 6 25614 Fire Extinquisher, 5lb ABC Dry Clem 1 1 1 58.00$ 58.00$ 58.00$ 58.00$ 7 862 Heavy Duty Fire Extinguisher Mounting Bracket, Rubber Straps 1 1 1 55.00$ 55.00$ 55.00$ 55.00$ Ballastic Door Panels
DocuSign Envelope ID: EC1B6E52-92DD-4D4F-B069-DDAD0454A3D7 484
Attachment "A" Pricing Sheet
Police Vehicle Outfitting - Ford Explorer (Interceptor) 1 AngArm-339/340 Corrected
Level III Ballistic Door Panels - Driver and passenger front-doors only.

Protection :
•9mm Luger 124gr FMJ @ 1400 +/ 50 fps .
•44 MAG 240gr Lead SWC GC @ 1400 +/ 50 fps 2 2 2 799.00$ 1,598.00$ 1,598.00$ 1,598.00$ 2 AngArm 358/359 Corrected
Level III+ Ballistic Door-Panels - Driver and passenger front-doors only.

Protection:
• 7.62 M80 147gr FMJ @ 2750 +/- 50 fps
• 7.62 PS Ball 123gr@ 2380 +/- 30 fps
• 5.56 M855 62gr @ 3050 +/- 30 fps
• 5.56 M193 56gr @ 3200 +/- 30 fps 2 2 2 1,299.00$ 2,598.00$ 2,598.00$ 2,598.00$ Custom Graphics
1 Chula Vista Basic Chula Vista PD Basic Package w/ Installation 1 1 1 425.00$ 425.00$ 425.00$ 425.00$ 2 Chula Vista Addition - K9 Chula Vista PD Graphic Add (K9) 1 50.00$ -$ 50.00$ -$ 3 Chula Vista Addition - Supervisor Chula Vista PD Graphic Add (Supervisor) 1 50.00$ -$ -$ 50.00$ Labor / Freight
1 Installation Labor Per Hour 95.00$ 95.00$ 95.00$ 4,370.00$ 4,750.00$ 4,940.00$ 2 Number of Hours Per Vehicle 46 50 52
3 Shipping Per Vehicle 1 1 1 200.00$ 325.00$ 325.00$ Total Per Vehicle: 28,306.00 $ 30,301.99 $ 30,353.25 $ 1 2 Yes
a.
3 Yes
a.
b.
4 Additional Requirements
Will you be willing to deliver outfitted vehicle to City? Transportation Cost: 5- Vehicle Load $350.00/Single Vehicle $150/X2-X4 Vehicles $90per vehicle Will your firm accept delivery directly from the manufacturer? Please provide 5 reference agencies and contacts for whom you are currently working with for public safety outfitting
Lead-time per vehicle (6-8 Weeks parts procurment, average 5 days per vehicle production) The City requires an asset tag to be affixed upon delivery, location of tag will be identified at a later date If so please provide a price to deliver one vehicle to the City Garage (1800 Maxwell Rd, Chula Vista 91911)? The City requires the a asset tag and VIN number be identified and communicated to a City official after tag is affixed (All asset tags will be provided by City)
DocuSign Envelope ID: EC1B6E52-92DD-4D4F-B069-DDAD0454A3D7 485
City of Chula Vista Document No.: 2025-025 Consultant Name: American Emergency Products Rev. 03/21/2024 NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT CONTRACTOR/SERVICE PROVIDER AGREEMENTPursuant to the terms of that certain agreement entitled City of Chula Vista Contractor/Service Provider Services Agreement with American Emergency Products to Provide Vehicle Outfitting Services for the Police Department February 15, 2022, between American Emergency Products, A California Corporation doing business as AEP-California LLC Contractor/Service Provider, City hereby exercises its option to extend term of the Agreement as follows: OPTION NO. 3 of 4 OPTION TERM: February 15, 2025 February 14, 2026 MAXIMUM COMPENSATION FOR OPTION TERM (AS AUTHORIZED BY ORIGINAL AGREEMENT): $1,000,000 For services performed during this Option Term, City shall compensate Contractor/Service Provider pursuant to the same terms and conditions as provided for in Section 2 of the Agreement except that the compensation amounts set forth therein shall be increased by 5 % for the Option Term, as authorized under the Agreement. In no event shall the compensation paid to Contractor/Service Provider for this Option Term exceed forth above. All other terms and conditions of the Agreement shall remain in full force and effect. CITY OF CHULA VISTA BY: _______________________________ MARIA V. KACHADOORIAN CITY MANAGER APPROVED AS TO FORM BY: _______________________________ MARCO VERDUGO CITY ATTORNEY ACKNOWLEDGED AND AGREED AMERICAN EMERGENCY PRODUCTS BY: _______________________________ PATRICK TRAMPUS SALES MANAGER FOR REFERENCE PURPOSES: Original Agreement No. 2022-006 Resolution No. 2022-042 Bid No. RFB #B09-22/23 486
RESOLUTION NO.2022-042

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CHULA VISTA AWARDING AN AGREEMENT WITH

AMERICAN EMERGENCY PRODUCTS DOING BUSINESS AS

AEP-CALIFORNIA LLC TO PROVIDE VEHICLE OUTFITTING

SERVICES FOR THE POLICE DEPARTMENT, AUTHORIZING

THE CITY MANAGER TO EXECUTE THE SAME, AND

AUTHORIZING THE DIRECTOR OF FINANCE/ TREASURER

TO APPROVE UP TO FOUR ADDITIONAL ONE-YEAR

EXTENSIONS
WHEREAS, on December 21, 2021, the City issued Requestfor Bid ( RFB) # B09-22/23 to seek bids from vendors who can provide vehicle outfitting services to the Police Department; and
WHEREAS, 176 vendorswerenotified of the RFB and10 prospectivebiddersdownloaded the RFB; and
WHEREAS, the City received one bid by the January 20, 2022 submittal deadline from American Emergency Products, doing businessasAEP-California LLC; and WHEREAS, City staff conducteda thorough review to determine if the quote conforms to the solicitation and if the quote is considered to be in the best interest of the City, with price, experienceand service delivery being considered; and
WHEREAS, AEP-California LLC was selectedbecausethey are the only qualified vendor to meet the Police Department’s vehicle outfitting requirements; and WHEREAS, on January 26, 2022, a notice of intent to award to AEP-California LLC was postedon PlanetBids; and
WHEREAS, in coordination with the Finance Department, the Police Department is recommending to enter into an agreement with AEP- California LLC to provide vehicle outfitting servicesfor an initial term of February 15, 2022 to February 14, 2023, and up to four, additional one-year terms.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the agreement to provide vehicle outfitting services between the City and American Emergency Products, doing business as AEP-California LLC, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to executesame.

DocuSign Envelope ID: 7B4AC28D- C2E7- 4815- BAA9- 2DE108DF7BF6 487
Resolution No. 2022-042
PageNo. 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizesthe Director of Finance/Treasurerto approveup to four additional one-year extensions.

Presentedby Approved asto form by
Roxanna Kennedy Glen R. Googins
Chief of Police City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of February 2022 by the following vote:

AYES: Councilmembers: Cardenas, Galvez, McCann, and Casillas Salas NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilla
Mary Casillas Salas, Mayor
ATTEST:

Kerry K. Bigelow, MMC, City Clerk

STATE OF CALIFORNIA )

COUNTY OF SAN DIEGO )

CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2022-042 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of February 2022.

Executedthis 15th day of February 2022.

Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: 7B4AC28D- C2E7- 4815- BAA9- 2DE108DF7BF6 488

CITY OF MURRIETA
City Council Meeting Agenda
Report
11/18/2025
Agenda Item No. 10.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Bob Moehling, Public Works Director
PREPARED BY: Anita Agyeman, Management Analyst - Public Works SUBJECT:

Agreement for Right-of-Way Consulting Services for the Keller Road at I-215 Interchange Project, CIP No. 8449

RECOMMENDATION
Approve the Agreement for right-of-way consulting services for the Keller Road at I-215 Interchange, Capital Improvement Plan No. 8449, with Monument ROW, Inc., in the amount of $382,682.16; Authorize a 10% contingency of $38,268.21; and
Authorize the City Manager to execute the Agreement and any amendments to the Agreement not-to-exceed 10% of the contract amount.

PRIOR ACTION/VOTE
On June 3, 2025, the City Council adopted Resolution No. 25-4836, approving the Capital Improvement Plan budget for Fiscal Year 2024/25, and the Fiscal Year 2024/2025 to 2028/29 Capital Improvement Plan, which included the Keller Road at I-215 Interchange project, CIP No. 8449 (Vote: 5-0).

On August 19, 2025, the City Council approved an Agreement for Engineering Design Services for the Keller Road at I-215 Interchange, CIP 8449, with Mark Thomas & Company, Inc. (Vote:5-0).

On October 21, 2025, the City Council approved Amendment No. 10 to the Design Services Agreement for the Keller Road at I-215 Interchange, CIP 8449, with Jacobs Engineering Group, Inc.(Vote: 4-0-1).

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

DISCUSSION
The Keller Road at Interstate 215 (I-215) Interchange Project, CIP 8449, is a top City infrastructure priority project. The project was initiated in 2010 and proposes to construct a new interchange one (1) mile south of the existing Scott Road interchange on I-215. Jacobs Engineering Group (JEG) has completed the project’s CITY OF MURRIETA Printed on 11/13/2025Page 1 of 2
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Agenda Item No. 10.
the existing Scott Road interchange on I-215. Jacobs Engineering Group (JEG) has completed the project’s environmental and preliminary engineering documents to date. The City recently entered an agreement with Mark Thomas & Company to complete the final Plans, Specifications, and Estimates (PS&E) documents. After the PS&E documents are substantially complete, right-of-way services will need to commence to acquire the right-of-way properties necessary for the construction of the interchange design.

Acquisition of right-of-way requires specialty professional consulting services. Based on the anticipated interchange design, right-of-way will need to be acquired from 25 parcels, which are a mix of vacant and improved residential and commercial properties, along with developer-owned recreational lands and an environmental conservation site, which may present unique challenges. Completing the necessary property acquisitions within a tight timeframe to meet the project schedule goals will also require extensive coordination with all stakeholders.

On August 8, 2025, the City advertised a Request for Proposal (RFP) for right-of-way services for the project via the electronic bidding portal, PlanetBids. The City received two proposals and sealed bids on August 27, 2025. Monument ROW, Inc. (Monument) was determined to be the most qualified firm. Monument specializes in comprehensive right-of-way acquisition services, including project management, property appraisal, acquisition, easement negotiation, utility coordination, and right-of-way certification. After negotiations with Monument, staff settled on the scope of work outlined in the Agreement for a fee of $382,682.16, plus a 10% contingency in the amount of 38,268.21, totaling $420,950.37. Monument’sscope of services for 25 parcels will include preparation of title reports, appraisals, appraisal reviews by a separate appraiser on behalf of Caltrans, negotiations, utility/Caltrans coordination, and project management Monument is ready to begin the right-of-way acquisition services upon approval of the Final Environmental Document by Caltrans.

FISCAL IMPACT
Funding for the contract amount of $382,682.16, plus the ten percent (10%) design contingency of $38,268.21, if needed, is available in CIP No. 8449.

ATTACHMENTS

1. Agreement with Monument ROW, Inc.

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AGREEMENT BETWEEN THE CITY OF MURRIETA
AND

MONUMENT ROW

Project Name/Description (“Project”): I-215/Keller Road Interchange, CIP No. 8449

Contract Number:

Consultant Name (“Consultant”): Monument ROW

Consultant Business Type: Corporation

Consultant Address: 200 Spectrum Center, Suite 300, Irvine, CA 92618

Consultant Representative Name and Title (“ Consultant Representative ”): Amber Costello / President

Consultant Representative Work Phone and Email: (800) 577-0109 / [email protected]

Termination date: June 30, 2029

Total Not-To-Exceed Contract Amount (“Contract Sum”): $382,682.16

City Department Contact (“Department Contact”): Robert K. Moehling, Director of Public Works

Department Contact Work Phone and Email: (951) 461-6036 / [email protected]

Is Federal Funding Being Used to Fund Any Part of The Project (Yes/No): Yes

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RECITALS

The City desires to contract with a Consultant to provide professional services, specifically construction management and inspection services, for the I-215/Keller Road Interchange Project, CIP No. 8449, as further set forth herein.

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

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

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

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AGREEMENT FOR PROFESSIONAL SERVICES
WITHIN THE CITY OF MURRIETA (“CITY”)

THIS AGREEMENT FOR SERVICES (“Agreement”) is made and entered into as of the effective date executed by the City by and between CITY OF MURRIETA, a California municipal corporation (“City”) and M onument ROW, a California municipal corporation (“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 the 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 493
01375.0006 2025866.1
indemnify, defend, and hold harmless City against any such fees, assessments, taxes, penalties, or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant represents and warrants Consultant: a) has thoroughly investigated and considered services to be performed, b) has carefully considered how services should be performed, and c) 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, c omputer 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 infras tructure, 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. Pursuant to section 1773 of the Labor Code, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk’s office. Consultant shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, Consultant shall comply with the provisions of sections 1773.8, 1778 1755, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws. Consultant shall forfeit to City, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreem ent, by Consultant or by any sub- consultant under Consultant, in violation of the provisions of this Agreement.

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1.9 Monthly Written Reports. The Consultant shall prepare and submit to the City’s Department Contact , a monthly written report specifying the activities of Consultant pursuant to this Agreement. Consultant shall prepare the monthly written report in a format acceptable to the City and submit it by the second Friday of each month.

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, on a time and materials basis, not to exceed the Contract s um of Three H undred Eighty-Two Thousand Six Hundred Sixty-Two Dollars and Sixteen Cents ($ 382,682.16).

Compensation may include reimbursement for actual and necessary expenditures, if specified in the Schedule of Compensation and approved by City in advance.

Reimbursement for Other Direct Costs (ODC), materials testing, and survey costs shall not exceed th e rates specified in the approved Cost Proposal as outlined in Exhibit C.

2.2 Invoices. Unless some other method of payment is specified in Exhibit C, Schedule of Compensation, 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 the first business day of each month in which Consultant wishes to receive payment. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of this Agreement. Except as provided in Sections 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 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, equ ipment, materials, and travel properly charged to the Services.

2.3 Retention of Record / Audit.

For the purpose of determining compliance with Gov. Code § 8546.7, the Consultant, Subconsultants, and City shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the Agreement including, but not limited to, the costs of administering the Agreement . All parties, including the 495
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Consultant’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. City, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Consultant, Subconsultants, and the Consultant’s Independent CPA, that are pertinent to the Agreement for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

2.4 Audit Review Procedures.

A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by Agreement, shall be reviewed by City’s Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, Consultant may request a review by City’s Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this Agreement.

D. Consultant and subconsultant Agreements, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an Agreement audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the Agreement, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations.

In the instances of a CPA ICR audit work paper review it is Consultant’s responsibility to ensure federal, City, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by Consultant and approved by City Contract Administrator to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the Agreement by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the federal, City or local governments have access to CPA work papers, will be considered a breach of Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

E. Consultant’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations 496
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(IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the Consultant and approved by the City Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the Consultant to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the Consultant’s independent CPA, IOAI will work with the CPA and/or Consultant toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, City will reimburse the Consultant at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate.

b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.

c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require Consultant to submit a revised independent CPA- audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the Consultant’s and/or the independent CPA’s revisions.

3. If the Consultant fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for 497
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all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this Agreement.

4. Consultant may submit to City final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this Agreement has been completed to the satisfaction of City; and, (3) IOAI has issued its final ICR review letter. The Consultant MUST SUBMIT ITS FINAL INVOICE TO City no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this Agreement and all other agreements executed between City and the Consultant, either as a prime or subconsultant, with the same fiscal period ICR.

2.5 Subcontracting.

A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the City and any Subconsultants, and no subagreement shall relieve the Consultant of its responsibilities and obligations hereunder. The Consultant agrees to be as fully responsible to the City for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Consultant. The Consultant's obligation to pay its Subconsultants is an independent obligation from the City's obligation to make payments to the Consultant.

B. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the City Contract Administrator, except that which is expressly identified in the Consultant’s approved Cost Proposal.

C. Any subagreement entered into as a result of this Agreement, shall contain all the provisions stipulated in this entire Agreement to be applicable to Subconsultants unless otherwise noted.

D. Consultant shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the Consultant by the City.

E. Any substitution of Subconsultants must be approved in writing by the City Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment

Consultant or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed Consultant on account of the work performed by the subconsultants, to the extent of each 498
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subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from Consultant or subconsultant to a subconsultant, Consultant or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal.

G. Prompt Payment of Withheld Funds to Subconsultants

No retainage will be held by the City from progress payments due to Consultant. Consultants and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the CITY’s prior written approval.

Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subconsultant performance and/or noncompliance by a subconsultant.

Any violation of these provisions shall subject the violating Consultant or subconsultant to the penalties, sanctions and other remedies specified therein.

These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by Consultant, deficient subcontract performance, or noncompliance by a subconsultant.

2.6 Additional Services. If City desires any additional services (“Additional Services”), Consultant may, upon written request by the City, furnish a proposal including an itemized statement of the estimated cost of the Additional Services.

The City may modify or alter the proposal, reje ct the proposal in its entirety, or direct the submission of a new proposal which may be accepted, altered, or rejected at its sole discretion. Upon written approval of any Additional Services, including costs by Consultant and City, Consultant shall perform the Additional Services, and City will pay Consultant the cost of the Additional Services as agreed in writing.

All money due for Additional Services shall be supported by a detailed statement of Consultant showing the basis of said claims, certified by proper officers of Consultant.
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2.7 Evaluation of Consultant.

Consultant’s performance will be evaluated by City. A copy of the evaluation will be sent to Consultant for comments. The evaluation together with the comments shall be retained as part of the Agreement record.

2.8 Prompt Payment.

A. PROMPT PAYMENT FROM CITY TO CONSULTANT

The City shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from Consultant on a professional service contract. If the City fails to pay promptly, the City shall pay interest to the Consultant, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro- rated as necessary. Upon receipt of the payment request, the City shall act in accordance with both of the following:
(1) The City shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.

(2) The City must return any payment request deemed improper by the City to the Consultant as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.

B. PROMPT PAYMENT CERTIFICATION

For projects awarded on or after September 1, 2023: the Consultant must now submit Exhibit 9 -P to the City administering the contract by the 15th of the month following the month of any payment(s). If the Consultant does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.

The City must verify all Exhibit 9 -P information and address any prompt payment issues until the end of the project. The City must email a copy of Exhibit 9- P to [email protected] before the end of the month after receiving the Exhibit 9-P from the Consultant.

ARTICLE 3. PERFORMANCE SCHEDULE

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

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3.2 Term. The Agreement shall commence and become effective upon the date executed by the City 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.

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

3.3 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.

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

3.5 Safety.

A. Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City Safety Officer and other City representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, City has determined that such areas are within the limits of the project and are open to public traffic.

Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. 501
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C. Any subcontract entered into as a result of this Agreement , shall contain all of the provisions of this Article.

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 re putation of the representative were 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 the 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.

4.4 Independent Contractor . 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 her ein. 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 it s 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 502
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performing services hereunder. In the event that Consultant or any officer, employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of 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 entity to perform in whole or in part services required hereunder, nor may any interest in this Agreement be transferred or assigned. No approved transfer shall release Consultant, or any surety or insured of Consult ant, of any liability hereunder without express written consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverage. 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 entity 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 entity for which Consultant is legally liable (each an “Indemnitor” and collectively, “ Indemnitors”), or arising from Indemnitors’ reckless or willful misconduct, or arising from Indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith: 1) Consultant will defend any action or 503
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actions filed or threatened in connection with any such Claims or Liabilities, or at the option of Indemnitee(s) will reimburse and pay for all costs and expenses, including legal costs and attorneys’ fees, incurred by Indemnitee(s) in connection therewith; and 2) Consultant will promptly pay any judgment rendered against Indemnitee(s) for any such Claims or Liabilities, and will save and hold Indemnitee(s) harmless therefrom.

(b) 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 5.2.2) to monitor compliance with any of the indemnification pr ovisions 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 cla ims 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 professional. The indemnification provided herein includes Claims or Liabilities arising from any negligent or wrongful act, error, or omission, or reckless or willful misconduct of Indemnitors in the performance of professional services hereunder. Payment of invoices by City is not a condition precedent to enforcement of the indemnity obligation herein. In the event of any dispute between Consultant and City, as to whether liability arises from the sole negligence or willful misconduct of City, Consultant will be obligate d 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.

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 fro m, whether actual or threatened, any and all Claims and Liabilities, consistent with all obligations provided for in this Section

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

ARTICLE 6. RECORDS, REPORTS AND RELEASE OF INFORMATION

6.1 Insurance Coverage. 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 504
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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, or for the period required by law, whichever is greater. City shall have access to such books and records in the event any audit is required. Consultant shall fully cooperate with City in providing ac cess 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. 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’s Contract Manager. Consultant, its officers, employees, agents, or subcontractors, shall not, without prior written authorization from City or unless requested by the City Attorney, voluntarily pr ovide documents, declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant immediately gives City notice of such court order or subpoena. If Consultant, or any officer, employee, agent, or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from 505
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Consultant for any damages, costs, and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. Consultant shall advise City of any and all materials used, or recommended for use, by Consultant to achieve the project goals that are subject to any copyright restrictions or requirements. In the event Consultant fails to so advise City and, as a result of the use of any programs or materials developed by Consultant under this Agreement, City is found in violation of any copyr ight restrictions or requirements, Consultant agrees to indemnify and hold harmless City against any action or claim brought by the copyright holder. As concerning, regarding, 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 admissions, 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, 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 fifteen (15) days’ notice to Consultant, except that where termination or suspension is due to the fault of Consultant, the period of notice may be such shorter time as determined by City. Upon receipt of any notice of termination or suspension, Consultant shall immediately cease all services hereunder, unless the notice provides otherwise, or except such as specifically approved by City. Upon submittal of an invoice consistent with Section 2.2, Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination or suspension and for any services authorized by City thereafter in accordance with the Schedule of Compensati on, or such as may be approved by City, except as provided in Section 7.5. In the event of termination, or suspension, 506
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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 ten (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 remedy 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 Consult ant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City therefor.

7.5 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, cost s, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agre ement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect Cit y as elsewhere provided herein. No retainage will be withheld by City from progress payments due to the Consultant. Retainage by the Consultant or subcontractors is prohibited, and 507
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no retainage will be held by the Consultant from progress due subcontractors. Any violation of this provision shall subject the violating Consultant or subcontractor to the penalties, sanctions, and other remedies specified in section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subcontractor in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subcontractor performance, or noncompliance by a subcontractor.

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 impos es no 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 exerci se 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 legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any 508
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appeal, and a Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, consultants’ fees, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. Such fees and costs shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. INDIVIDUAL LIABILITY, CONFLICTS AND NON-DISCRIMINATION

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

8.2 Conflict of Interest . Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of City. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. City, in its sole discretion, shall determine the existence of a conflict of interest and may terminate this Agreement in the event such a conflict of interest exists upon sending Consultant written notice 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, int erested, 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. Prior to execution of this Agreement, Consul tant shall disclose in writing to City any and all compensation, actual or potential, which Consultant may receive in any form from a party other than City as a result of performance of this Agreement by Consultant. If Consultant becomes aware of the potential for such compensation subsequent to the execution of this Agreement, Consultant shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation. Prior to or concurrent with making any recommendation of any products or services for purchase by the City, Consultant shall disclose any financial interest that Consultant may have in any manufacturer or provider of the recommended products or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.

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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 ensure 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. Consultant shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq .). The applicable regulations of the Fair Employment and Housing C ommission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Consultant and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

8.4 National Labor Relations Board Certification.

In accordance with Public Contract Code §10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.

8.5 Debarment and Suspension Certification.

A. The Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to City . Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
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C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

8.6 Prohibition of Expending City, State, or Federal Funds for Lobbying.

A. The Consultant certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or City appropriated funds have been paid or will be paid, by or on behalf of the Consultant , to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this Agreement , or with the extension, continuation, renewal, amendment, or modification of this Agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a m ember of Congress in connection with this Agreement, the Consultant shall complete and submit Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

D. The Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

8.7 Rebates, Kickbacks or other Unlawful Consideration. The Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right, in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed, or to deduct from this Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

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A. The Consultant’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the Consultant has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this Agreement , Consultant and its subconsultants shall not deny the Agreement ’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, menta l disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a -f), set forth 2 CCR §§8100- 8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty- four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or City shall require to ascertain compliance with this clause.

E. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

G. The Consultant, with regard to the work performed under this Agreement, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in 512
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the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

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 deli very service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, in the case of City addr essed 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 i nterpret 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.
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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, confidentia l financial arrangement, or financial inducement. No officer or employee of City has or will receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling City to remedies in Section 7.4 and any and all remedies at law or equity.

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

9.8 Federal Funding. As federal funding is being utilized to fund 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.

9.9 Cost Principles and Administrative Requirements.

A. The Consultant agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The Consultant also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the Consultant that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the Consultant to City.

D. When a Consultant or Subconsultant is a Non- Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

9.10 Contingent Fee . Consultant warrants, by execution of this Agreement, that no person or selling agency has been employed, or retained, to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, except ing bona fide employees, or bona fide established commercial or selling agencies maintained by Consultant for the purpose of securing business. For breach or violation of this warranty, City has the 514
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right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

9.11 Equipment Purchase.

A. Prior authorization in writing by City’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in Consultant’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City ’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:

1. Consultant shall maintain an inventory of all nonexpendable property.

Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement , or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and condi tions of such sale must be approved in advance by City.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

9.12 Evaluation of Consultant. Consultant’s performance will be evaluated by the City.

A copy of the evaluation will be sent to Consultant for comments. The evaluation, together with the comments, shall be retained as part of the Agreement record.

9.13 Non-liability of City Officers and Employees. It is mutually understood between the Parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both Parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. This Agreement is 515
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valid and enforceable only if sufficient funds are made available to City for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City governing board that may affect the provisions, terms, or funding of this Agreement in any manner. It is mutually agreed that if sufficient funds are not appropriated, this Agreement may be amended to reflect any reduction in funds. City ha s the option to void the Agreement under the termination clause pursuant to Section 7.2, or by mutual agreement to amend the Agreement to reflect any reduction of funds.

ARTICLE 10. TITLE VI ASSURANCES

The U.S. Department of Transportation Order No. 1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Title VI Assurances.

In addition, the consultant must include the Title VI Assurances in all subcontracts to perform work under the contract.

10.1 Compliance with Non -Discrimination Regulations. During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows; a) compliance with Regulations, Consultant shall comply with the regulations relative to nondiscrimination in federally assis ted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, which are herein incorporated by reference and made a part of t his agreement; b) nondiscrimination, Consultant, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement cov ers a program set forth in the regulations, solicitations for sub- agreements, including procurements of materials and equipment: In all solicitations either by competitive bidding or negotiation made by Consultant for work to be performed under a s ub-agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by C onsultant of the Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, or national origin; d) i nformation and reports, Consultant shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or FHWA to be pertinent to ascertain compliance with such r egulations or directives. Where any information required of C onsultant is in the exclusive possession of another who fails or refuses to furnish this information, Consultant shall so certify to the City or FHWA as appropriate, and shall set forth what efforts C onsultant has made to obtain the information, e) sanctions for noncompliance, in the event of Consultant’s noncompliance with the nondiscrimination provisions of this agreement, the City 516
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shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: i) withholding of payments to Consultant under the Agreement within a reasonable period of time, not to exceed 90 days; and/or ii) cancellation, termination, or suspension of the Agreement, in whole or in part, f) i ncorporation of provisions: C onsultant shall include the provisions of paragraphs (a) through (f) in every sub- agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. Consultant shall take such action with respect to any sub- agreement or procurement as the City or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event Consultant becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, C onsultant may request the City enter into such litigation to protect th e interests of the City, and, in addition, Consultant may request the United States to enter into such litigation to protect the interests of the United States.

10.2 Nondiscrimination Statutes and Authorities . During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq ., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin)

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects);

Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq .), (prohibits discrimination on the basis of sex);

Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq .), as amended, (prohibits discrimination on the basis of disability);

The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq .), (prohibits discrimination on the basis of age);

Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

The Civil Rights Restoration Act of 1987, (PL 100- 209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the 517
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programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38;

The Federal Aviation Administration’s Non -discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

[SIGNATURES ON THE FOLLOWING PAGE]

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

CITY:

CITY OF MURRIETA, a Cal ifornia municipal
corporation

By:___________________________
Justin Clifton, City Manager

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) 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 Consultant’s business City.

By:___________________________
Name:

Title:

Date:

By:___________________________
Name:

Title:

Date:
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EXHIBIT “A”

SCOPE OF SERVICES

I. Consultant will perform the following Services:

Provide turnkey Right of Way consulting services and coordinate specified tasks related to the I-215 / Keller Road Interchange project (Caltrans EA 08-0Q220). A full scope of services is provided in the proposal attached in Exhibit “A-1”, pages 16-21.

II. In addition to any other requirements of this Agreement, during the performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status of reports:

Regular project schedule updates, progress submittals, bi-monthly progress meetings, monthly progress meetings.

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 the City.

IV. Consultant will utilize the following personnel to accomplish the Services:

Joey Mendoza; Kim Bibolet; Curtis Bibolet; Ryan Humphry; Cami Stigall; Alex Flores; Adam Bogorad; Krystal Thompson; Tiffany McCloud; Christie Santalucito.

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EXHIBIT “A-1”

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PREPARED BY

MONUMENT
200 Spectrum Center
Suite 300
Irvine, CA 92618
Ph: 800.577.0109
monumentrow.com

PREPARED FOR

CITY OF MURRIETA

DEPARTMENT OF

PUBLIC WORKS
Attn: Jason Bennecke, PE,
MBA, PMP, Project Manager
Department of Public Works
1 Town Square
Murrieta, CA 92562

PROPOSAL FOR

RIGHT -OF-WAY SERVICES
I-215 / Keller Road
Interchange Project
SUBMITTED AUGUST 27, 2025
522
200 Spectrum Center, Suite 300
Irvine, CA 92618
monumentrow.com
[email protected]
800.577.0109
City of Murrieta
Department of Public Works
1 Town Square
Murrieta, CA 92562
Attn: Jason Bennecke, PE, MBA, PMP , Project Manager
Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project
Dear Mr. Bennecke,
Monument ROW (Monument) is pleased to submit our proposal to the City of Murrieta (City) for Right-of-Way Services for the I-215 / Keller Road Interchange Project (Project). We understand the City requires comprehensive services including project management, property appraisal, acquisition, easement negotiation, utility coordination, and right-of-way certification. Monument is currently working with the City to support the Project’s planning phase and explore opportunities to expedite the right-of-way phase and obtain certification through Caltrans District 8 by February, 2026. By analyzing the initial design performed by Jacobs we have been able to identify and confirm the Project’s right-of-way requirements and begin the early acquisition approval process with Caltrans staff, positioning us to immediately begin the acquisition phase and support the City’s accelerated timeline and Project goals.

With a strong track record of securing right-of-way certification through Caltrans District 8, extensive corridor experience along the I-215, and a thorough understanding of the City’s processes, Monument brings the continuity, local knowledge, and collaborative approach needed to ensure seamless integration and immediate project momentum.

Subconsultants: Santolucito Dore Group will provide appraisal review services.

Office Location & Point of Contact. All services will be performed by staff working and living in the Inland Empire who are within a short drive of the City offices and Project location. Our corporate office is located at 200 Spectrum Center, Suite 300, Irvine CA 92618. Joey Mendoza, Program Manager, Principal and COO is authorized to bind Monument and can be reached directly at 949.378.0687 or electronically at jmendoza@ monumentrow.com.

Monument was established with the intent to provide true expertise and focused client service, and that is exactly what we do. We are confident that the attached proposal clearly shows that Monument is the best choice to support the Project. We are proud of our long-standing relationship with the City and look forward to continuing our partnership.

Warmly,
Amber Costello
PRESIDENT | MONUMENT
August 27, 2025
*This proposal will remain valid for a minimum period of ninety (90) days from the submission date ***We acknowledge receipt of the addendum released on 8/21/2025 and have incorporated the modifications into our proposal.

Learn more about Monument at Monumentrow.com
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TABLE OF CONTENTS

SECTION ONE
Experience and Qualifications

SECTION TWO
Proposed Project
Approach & Organization

SECTION THREE
Scope of Work & Schedule

SECTION FOUR
Key Personnel Resumes
4 9
16 22
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SECTION ONE
Experience and Qualifications
1 525
Who We Are.

Monument, a California-based S corporation, is a full-service real estate and right-of-way company providing exceptional service, strategic planning, innovation and timely delivery.

We serve local, state and federal agencies, transportation authorities and engineering partners to help complete public infrastructure projects throughout California. At Monument, we understand the difference an experienced, solutions-minded right-of-way partner can bring in achieving the goals and objectives of a project, and that’s exactly what we are. As a team, we have successfully delivered hundreds of projects that include all of the services requested in the RFP , with our success attributed to our Company motto . . . we listen, we innovate, we deliver.

MONUMENT: The Right Choice for Murrieta
Monument offers a uniquely qualified and strategically aligned team that stands out among our competitors to support the City’s mission to certify the I-215 / Keller Road Interchange Project in February 2026. The depth of experience across our leadership and staff enables us to provide high-quality, cost-effective services, making us a trusted and capable partner for the City.

Our Management Team
Monument is proud to offer a highly experienced, Project–ready team led by Project Manager Kim Bibolet, Program Manager Joey Mendoza, and Utility Coordination Manager, Curtis Bibolet. Kim has an 18-year track record managing complex capital improvement projects in the Inland Empire, delivering multiple projects for the City, including the Meadowlark and Hot Springs Road Interchanges, and certifying over 30 projects with Caltrans District 8. Joey brings 37 years of right-of-way expertise, having delivered hundreds of projects, including more than 20 design-build programs and over 50 projects with Caltrans District 8 oversight, such as the State Route 74 Interchange and the I-215 Bi-County HOV Gap Closure. With over 16 years of experience providing utility coordination services for major projects on behalf of RCTC, SBCTA and countless cities and counties, Curtis is well known for his collaboration and solid relationships with local utility providers.

Backed by a 70+ member team and a thorough understanding of the Project, Kim, Joey, and Curtis can ensure seamless integration and uninterrupted progress.

CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 5 526
Institutional Knowledge
Due to our work with the City during the planning phase, we have a clear understanding of the Project’s challenges and have already implemented solutions to overcome them, positioning us to quickly move forward into the right-of-way phase. Monument has worked with Mark Thomas, who has been selected to complete the Project’s final design, on countless projects, allowing us to work in tandem with a clear understanding of our respective needs and how to best support each other and the Project. Monument also brings extensive experience along the I-215 corridor and in-depth knowledge of Caltrans District 8 requirements. In fact, we have completed Data Sheets for over 50 projects within District 8 in the past five years, and our relationship with Caltrans staff enables us to fast-track certification, anticipate challenges, and ensure compliance from pre-acquisition through project closeout. Our team also maintains strong relationships with local utility providers who may require coordination to complete the Project, including Southern California Gas, Eastern Municipal Water District, and AT&T. Our combination of Project knowledge, corridor experience, and strong stakeholder relationships positions Monument to provide expedited and effective right-of-way services to the City.

Local Presence
Many of Monument’s proposed team members are located within a short drive to City offices and the Project site, and have a strong understanding of the surrounding communities. This proximity allows us to respond quickly to in-person meetings and directly address property owner concerns when needed.

It also enables the secure and timely hand delivery of important documents such as agreements, deeds, and checks, ensuring reliable coordination and communication with the City and the Project team.

EXPERIENCE
Monument’s highly-experienced multidisciplinary team has partnered with countless public agencies to overcome real estate and property acquisition challenges and complete similar projects. The following projects highlight just a few of Kim Bibolet’s recent experience managing highway projects for local agencies, and each one was completed and certified through Caltrans on time and within budget.

Additional experience within Caltrans District 8 can be found in Section 2.

REFERENCE CONTACT
Joe Gallardo,
Real Property Manager
t: 714.560.5546
e: [email protected]
PROJECT OBJECTIVES The project will widen 3.5 miles of State Route 55 between I-405 and I-5 to increase freeway capacity, improve traffic and interchange operations, and enhance road safety by adding one general purpose lane in each direction.

STATE ROUTE 55 IMPROVEMENT PROJECT

FOOTHILL GOLD LINE CONSTRUCTION AUTHORITY
CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 6 527

REFERENCE CONTACT
Hector Casillas, SR/WA,
Right-of-Way Manager,
t: 951.787.7141,
e: [email protected]

TOTAL CONTRACT AMOUNT
$316,000
FUNDING SOURCE:

Local Measure A along with
various federal and state
transportation sources
START AND END DATE:
8/2024 - Ongoing
MONUMENT PROJECT MANAGER:

Kim Bibolet,
t: 949.703.9770 e: kbibolet@
monumentrow.com
PROJECT OBJECTIVES This Project involves the construction of a 12-mile limited access highway through Winchester, San Jacinto, and Hemet to improve regional traffic flow and safety while easing congestion on local roads.

SCOPE OF WORK Acting as the prime consultant for Right of Way services, Monument’s scope includes 2 full take acquisitions, 20 partial takes, 2 residential relocations, and 2 business relocations, as well as the acquisition and relocation of the Van Dam Dairy in San Jacinto.

Monument’s team is responsible for project budgeting, scheduling, property owner negotiations, coordination with the agency’s consultant bench, and relocation advisory services.

OUTCOME & LESSONS LEARNED A major project challenge has been a significant funding gap prohibiting full corridor delivery. Despite these constraints, Monument has kept the right-of-way process on track through proactive communication and problem-solving, including working closely with the agency to prioritize key parcels and implement cost-effective strategies to maintain progress. Our collaborative approach and vast experience in the region has proven to be a critical asset to the Project.

STATE ROUTE 79 REALIGNMENT PROJECT

RIVERSIDE COUNTY TRANSPORTATION COMMISSION
SCOPE OF WORK 34 properties were impacted, including complex residential properties, 21 commercial properties, 1 hotel, 3 vacant properties, 5 public properties, and 1 railroad property. The Project required the acquisition of partial fee interests, permanent highway easements, permanent footing easements, permanent utility easements, temporary construction easements, and access control rights. The Monument Team developed document formats and led all negotiations with property owners and impacted agencies.

OUTCOME & LESSONS LEARNED Monument worked closely with OCTA to develop a schedule that allowed businesses to continue operating on site after acquisitions were completed.

This flexibility proved essential for tenant relocation and demonstrated that extending occupancy timelines can significantly reduce the risk of business goodwill claims.

TOTAL CONTRACT AMOUNT
$500,000
FUNDING SOURCE:

Federal; State - including STIP ,
SHOPP , and SB1;
Local - Measure M2
START AND END DATE:
10/2019 - 2024
MONUMENT PROJECT MANAGER:

Kim Bibolet,
t: 949.703.9770 e: kbibolet@
monumentrow.com
CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 7 528

REFERENCE CONTACT
Sarah Aziz, PE,
Civil Engineer
t: 760.699.1031,
e: [email protected]

TOTAL CONTRACT AMOUNT
$52,000
FUNDING SOURCE:

Federal - U.S. Department of
Transportation Port Infrastructure
Development Program;
State - TCEP/SB1; local - Metro
Measure R and POLA Funds
START AND END DATE:
2/2022 - 3/2023
MONUMENT PROJECT MANAGER:

Kim Bibolet,
t: 949.703.9770 e: kbibolet@
monumentrow.com
PROJECT OBJECTIVES The Project was designed to improve traffic operations and safety, and reduce vehicle delay and travel time.

SCOPE OF WORK A partial fee take and 2 TCEs were required on one commercial property.

Monument supported the Prime consultant with utility coordination and certification efforts while Kim oversaw the budget and schedule, coordinated subconsultants, negotiated with the property owner, attended client status meetings, and prepared the right-of-way certification.

Monument’s services included title review, appraisals, cost estimates and data sheets, acquisitions, and utility relocation support, working closely with Caltrans to secure certification.

OUTCOMES AND LESSONS LEARNED The Prime consultant, originally tasked with utility relocations, faced challenges coordinating with Charter Communications and SoCal Gas, as well as uncertainty over liability. Monument stepped in to provide strategic guidance that kept the project on schedule and enabled timely right-of-way certification. Through additional research, Monument confirmed that SoCal Gas held full liability, and by drafting a liability-in-dispute Utility Agreement with Charter Communications, the team ensured the project could advance while liability discussions continued. This proactive approach minimized delays and safeguarded the project schedule.

SR-47 / VINCENT THOMAS BRIDGE AND FRONT STREET /

HARBOR BOULEVARD INTERCHANGE PROJECT

PORT OF LOS ANGELES

FINANCIAL AND STAFFING CAPACITY
Resources. In addition to our proposed project team, the City will have access to all of Monument’s resources, including 45 additional highly qualified staff who will be ready to help ensure the Project’s deadlines are met. Monument is known for meeting tight deadlines and adapting to changing priorities, and we are fully capable and prepared to provide all required appraisal, acquisition, utility coordination, and related right of way services to efficiently support the Project and achieve Caltrans certification in February of 2026.

Financial Capacity. Monument is well capitalized, has zero debt, and has remained profitable since our inception. We have never failed to negotiate a contract for which we have been selected, and we have never been terminated from a contract. There is no bankruptcy, pending litigation, planned office closure, impending merger, or any such actual or anticipated financial condition that may impede the ability of Monument to complete the requested services for the City.

CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 8 529

SECTION TWO
Proposed Project Approach
& Organization
2 530

COMPREHENSIVE PROJECT APPROACH

APPROACH
Monument is currently providing right-of-way planning services for the City in order to help accelerate the Project ahead of receiving final environmental clearance, and we have already submitted an application for early acquisition approval to Caltrans District 8. Project Manager Kim Bibolet will continue to work with the City and design team to verify all right-of-way impacts while identifying potential opportunities for advanced acquisitions, and also help to establish project policies that will expedite City approvals. Curtis will evaluate each utility conflict and work with Mark Thomas to minimize or avoid conflicts where possible, and leverage his established utility relationships to start early relocation discussions if needed. Our team will also engage with Caltrans District 8 staff to initiate early real-time review and pre-approval of acquisition and utility packages ahead of the appraisal and acquisition phase.

Our appraiser, Adam Bogorad, will initiate market data analysis and begin production of core components of the appraisals one month prior to anticipated environmental approval, or upon early acquisition approval, whichever occurs first, which will allow for the completion of all appraisal reports and offer packages approximately 3 weeks after approval while still remaining compliant with federal funding requirements. Kim will instruct our acquisition agents to accompany the appraiser during inspections to begin establishing a rapport with owners and discuss any initial concerns. Santolucito Dore will conduct “over-the-shoulder” reviews with our appraiser during the appraisal process to ensure expedited approval of each report, accelerating the
appraisal phase by at least two months.

Acquisition agreements and related documents will be
prepared during the appraisal phase allowing offers to
be delivered immediately upon environmental clearance
or early acquisition approval, and City approval of Just Compensation. We recommend that Mark Thomas
accompany our acquisition agents to make their initial
offers, allowing each owner the opportunity to get immediate feedback to questions and concerns relating to design
features, construction requirements, or schedule. In situations where compensation is the only unresolved issue, Monument will pursue a Possession & Use Agreement, which is sufficient for certification while we continue to negotiate compensation.

Further, all acquisition agreements will include a possession clause to allow for certification upon deposit of funds, preventing delays due to unforeseen title and escrow issues.

WAIVER VALUATIONS
Caltrans permits the use of waiver
valuations for non-complicated and
low-value acquisitions. However, we
believe that their use would present
too big a risk to the Project. Many
properties will not be eligible, and if
an owner does not accept a waiver
valuation, a full appraisal would still be
required, resulting in a 6 to 8 week
delay to the entire Project schedule.

CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 10 531
Joey and Kim will apply lessons learned from prior District 8 projects to help streamline the certification process and ensure approval on the first attempt. In addition to early communications and engagement, we will work with Caltrans to secure “pre-approval” of each property acquisition and utility relocation package as they are obtained, rather than waiting to seek approval of the entire certification package at the end of the right-of-way phase. This technique was recently very effective on the Mount Vernon Bridge Replacement Project and can potentially save up to 3 months in processing and review time. To further protect the Project schedule, we will submit a draft package to Caltrans staff 60 days ahead of the required certification date, allowing ample time to resolve questions and make any requested revisions.

SCHEDULE
Based on our current involvement with the Project and the pre-acquisition activities that we have already initiated, we are in a great position to meet the CIty’s goal of certification by February 28, 2026, and we believe that we may even be able to achieve right-of-way certification up to one month earlier. As noted in our comprehensive schedule located on Page 22, we will overlap and expedite tasks where possible that will significantly accelerate our progress. Several of Mark Thomas’ tasks are on the Project schedule's critical path, and we will work closely with them to ensure that they understand the priorities that will be required to meet our deadlines. This schedule does not account for Caltrans early acquisition approvals, but will still achieve the Project’s certification goals.

There is the possibility that environmental approval may be delayed, making the early acquisition approval even more critical to the City’s schedule. Based on our discussions with Caltrans staff and their responses to our application, we believe that there is a high probability of receiving approval by September 1, 2025, in which case Monument will begin working on the acquisition and appraisal efforts under our current contract with the City to keep progress moving forward ahead of the anticipated award and October, 1, 2025 Notice to Proceed date of this proposal. This will allow us to gain an extra month on the projected schedule and certify well ahead of the February deadline.

Fast-Tracked Project Successes!
I-215 BI-COUNTY HOV
RCTC

BASTANCHURY WIDENING
Yorba Linda
3RD STREET CORRIDOR

WIDENING
Inland Valley Development Agency
SR-60 / POTRERO

BOULEVARD INTERCHANGE
City of Beaumont
 CERTIFIED IN 5 MONTHS  CERTIFIED IN 3 MONTHS  CERTIFIED IN 3 MONTHS  CERTIFIED IN 6 MONTHS CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 11 532
Joey Mendoza
PMP

PROJECT DIRECTOR
Strategic oversight, QA/QC,
escalation point

FULL-TIME, IF NECESSARY
Kim Bibolet

SR/WA, R/W-NAC

PROJECT MANAGER
Oversees all ROW activities,
including Caltrans Certification

FULL-TIME, IF NECESSARY
Curtis Bibolet

SR/WA, R/W-AMC

UTILITY COORDINATION

MANAGER
Utility agreements, notices,
relocations

FULL-TIME, IF NECESSARY
LEGEND
 KEY PERSONNEL
 REAL ESTATE

LICENSE
 MULTILINGUAL

ORGANIZATIONAL CHART

PROJECT DIRECTOR
Ensures the Project meets all state,
federal and local requirements, and
is delivered pursuant to City policies.

Participates in project planning,
strategic risk assessment, and program
and project management, as needed.

UTILITY COORDINATION MANAGER
Responsible for implementation and oversight
of the utility coordination process, preparing utility
agreements and notices, supporting certification, and
ensuring expedited completion of required relocations.

ACQUISITION AGENTS AND SUPPORT STAFF
Highly trained in negotiations, title review, escrow
coordination, and document preparation. These team
members will facilitate property owner outreach and
settlements, and ensure all right-of-way requirements
are met to secure project certification.

PROJECT MANAGER
Oversees day-to-day operations,
manages the schedule and budget,
and serves as the primary liaison
to City staff and other consultants.

Responsible for overall right-of-way
services management, certification,
and project closeout.

AGENTS
Alex Flores
RWA

FULL-TIME, IF NECESSARY
Ryan Humphrey
RWA

FULL-TIME, IF NECESSARY
Cami Stigall
RWP

FULL-TIME, IF NECESSARY
Acquisition and owner coordination,
title review, negotiations

FEE APPRAISER
Adam Bogorad
MAI

TASK-SPECIFIC
Property valuation reports

APPRAISAL REVIEW
Christie Santolucito

TASK-SPECIFIC
Independent appraisal review

PROJECT SUPPORT
Tiffany McCloud

FULL-TIME, IF NECESSARY
Documentation, scheduling, reporting

TITLE & ESCROW

COORDINATION
Krystal Thompson

FULL-TIME, IF NECESSARY
Title research, escrow processing
CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 12 533
KEY PERSONNEL Please see the Appendix for full Key Personnel resumes.

Curtis Bibolet, SR/WA, R/W-AMC

UTILITY COORDINATION MANAGER
Curtis brings 16 years of experience coordinating utility clearance on road, highway, and transit projects throughout Southern California. He has delivered hundreds of projects for agencies including RCTC, SBCTA and OCTA, forging cooperative relationships with Inland Empire utility owners. Known for quickly resolving owner concerns to avoid legal action, Curtis is recognized for his leadership, collaboration, and proven ability to manage complex utility relocations while anticipating challenges and mitigating delays.

REAL ESTATE

SALESPERSON
State of California
CA# 02008725

LICENSES

BACHELORS
Communications Studies,
Minor in Business,
University of Idaho

EDUCATION
Kim Bibolet, SR/WA, R/W-NAC

PROJECT MANAGER
Kim was chosen to lead the Monument team based on her 18 years of right-of-way and real estate experience, successfully delivering over 100 highway and capital improvement projects with federal funding and Caltrans oversight. A recognized leader in the industry, she has managed complex, multi-disciplinary projects for the City of Murrieta, SBCTA, RCTC, and dozens of other public agencies, overseeing the entire right-of-way process from property acquisition and relocation to utility coordination and Caltrans certification. With deep knowledge of local, state, and federal regulations and a flawless audit record, Kim is known for her proactive, responsive leadership and proven ability to guide diverse teams to achieve project goals.

EXPERIENCE
 CALOAKS INTERCHANGE IMPROVEMENT PROJECT
 HEIRLOOM CT IMPROVEMENT PROJECT
 MENIFEE RD IMPROVEMENT PROJECT
 MURRIETA HOT SPRINGS ROAD
 MADISON AVENUE IMPROVEMENT PROJECT
 MEADOWLARK/WHITEWOOD ROAD IMPROVEMENT PROJECT
 GUAVA STREET BRIDGE REPLACEMENT PROJECT

BACHELORS
Sports Science, University
of Idaho

EDUCATION

REAL ESTATE

SALESPERSON
State of California
CA#01883565

LICENSES
[Kim] has
managed
complex,
multi-disciplinary
projects for the
City of Murrieta,

SBCTA, RCTC,
and dozens of
other public
agencies
CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 13 534
 MEADOWLARK ROAD

IMPROVEMENT PROJECT
City of Murrieta
 HOT SPRINGS ROAD

IMPROVEMENT PROJECT
City of Murrieta
 CALOAKS INTERCHANGE

IMPROVEMENT PROJECT
City of Murrieta, Caltrans District 8 oversight
 RAILROAD CANYON INTERCHANGE
IMPROVEMENT PROJECT ON I-15
RCTC, Caltrans District 8 oversight
MANAGEMENT TEAM’S RELEVANT I-215 CORRIDOR EXPERIENCE
Joey Mendoza, PMP , BROKER

PRINCIPAL IN CHARGE
With over 37 years in right-of-way and real estate acquisition, including numerous projects throughout the Inland Empire and Caltrans District 8, Joey is a recognized problem solver known for delivering projects on time, on budget, and with cost-saving solutions. His career spans major transportation projects including landmark design-build efforts such as the SR-22 Access Improvement Project, SR-91 Corridor Improvement Project, I-15 Improvement Project, and I-405 Improvement Project. Having managed teams responsible for over 30,000 acquisitions, relocations, and property transactions across the Western U.S., Joey brings deep expertise in federal, state, and local laws, including the Uniform Act and Caltrans procedures.

REAL ESTATE BROKER
State of California
CA# 01144860

LICENSES

COURSEWORK
Business Administration,
California State
University, Long Beach

EDUCATION

FACILITIES & RESOURCES
The Project will be managed out of our Irvine office. Monument utilizes the Podio CRM platform, a powerful professional tool for tracking and managing data, storing and securing documents, and reporting status for right-of-way programs. Other capabilities include GIS mapping, appraisal and title tracking software, and communication platforms to coordinate with property owners, contractors, and agency stakeholders.

Kim
Bibolet
Joey
Mendoza
 I-215 WIDENING AND
STATE ROUTE 74 INTERCHANGE
RCTC, Caltrans District 8 oversight
 I-215 BI-COUNTY HOV GAP CLOSURE
RCTC and SBCTA, Caltrans
District 8 oversight
Curtis
Bibolet
 MAIN STREET I-15

UTILITY POLE RELOCATION
Caltrans District 8
CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 14 535
 LA CADENA OVER SANTA ANA RIVER BRIDGE IMPROVEMENT, City of Colton  MOUNT VERNON BRIDGE REPLACEMENT PROJECT, SBCTA
 I-15/I-215 DEVORE INTERCHANGE PROJECT, SBCTA
 LAUREL AVENUE GRADE SEPARATION, SBCTA
 PALM AVENUE GRADE SEPARATION, SBCTA
 I-215 AT BARTON ROAD INTERCHANGE PROJECT, SBCTA
 I-10 EXPRESS LANES PROJECT, SBCTA
 I-215 BI-COUNTY LANDSCAPE PROJECT, SBCTA
 STATE ROUTE 60/ARCHIBALD AVENUE INTERCHANGE IMPROVEMENTS, SBCTA  STATE ROUTE 60/CENTRAL AVENUE INTERCHANGE PROJECT, SBCTA  I-10/MT. VERNON INTERCHANGE PR&ED/PS&E, SBCTA
 SR-210 LANE ADDITION AND BASE LINE INTERCHANGE IMPROVEMENT, SBCTA  I-215 HOV GAP CLOSURE, SBCTA
 PINE AVENUE EXTENSION TO STATE ROUTE 71, City of Chino  PINE AVENUE WIDENING, City of Chino
 BARTON ROAD BRIDGE, City of Colton
 N. FIRST AVENUE BRIDGE REPLACEMENT OVER BNSF RAIL YARD, City of Barstow  ENGINEERING DESIGN SERVICES FOR ETIWANDA AVENUE GRADE SEPARATION PROJECT, City of Rancho Cucamonga
 ORANGE STREET BRIDGE OVER PLUNGE CREEK OVERFLOW, City of Highland San Bernardino County
Kim, Curtis, Joey and the Monument team have contributed to many other dynamic transportation projects throughout Southern California in recent years. Below we showcase our Team’s extensive experience successfully delivering Caltrans-compliant projects in District 8.  SR-91 CORRIDOR IMPROVEMENT PROJECT, RCTC
 SR-91 HOV GAP CLOSURE PROJECT, RCTC
 I-15 EXPRESS LANES PROJECT, RCTC
 I-215 WIDENING PROJECT, RCTC
 SR-74 AT I-215 INTERCHANGE PROJECT, RCTC
 PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT (PA&ED) FOR ROUTE 79 REALIGNMENT, RCTC
 PLANS, SPECIFICATIONS & ESTIMATES (PS&E) FOR SR-60 TRUCK

CLIMBING /DESCENDING LANE PROJECT, RCTC
 PERRIS VALLEY LINE METROLINK EXTENSION PROJECT, RCTC
 I-15 RAILROAD CANYON INTERCHANGE, RCTC
 MAIN STREET CONSTRUCTION MANAGEMENT, City of Lake Elsinore  PS&E I-10 / SINGLETON INTERCHANGE ADDING MISSING RAMPS PROJECT, City of Calimesa
 BUNDY CANYON ROAD/SCOTT ROAD WIDENING, City of Menifee  TEMESCAL CANYON BRIDGE OVER TEMESCAL WASH REPLACEMENT PROJECT, City of Lake Elsinore
 I-15 CONGESTION RELIEF AUXILIARY LANES, City of Temecula  SR-60/POTRERO BOULEVARD NEW INTERCHANGE, City of Beaumont  CALOAKS INTERCHANGE IMPROVEMENT PROJECT, City of Murrieta  GUAVA STREET BRIDGE REPLACEMENT, City of Murrieta
 AUTO CENTER DRIVE GRADE SEPARATION, City of Corona
 PROJECT APPROVAL AND ENVIRONMENTAL DOCUMENT FOR JUAN BAUTISTA DE ANZA NATIONAL HISTORIC TRAIL EXTENSION, City of Moreno Valley Riverside County
CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 15 536

SECTION THREE
Scope of Work & Schedule
3 537

PROJECT UNDERSTANDING
The I-215/Keller Road Interchange Project aims to not only greatly enhance community mobility, but also support the continued growth of the City of Murrieta. By upgrading the Keller Road underpass to a major access point for northbound and southbound I-215, the City and the surrounding region will benefit from improved access to hospitals and housing, as well as expanded residential development and commercial opportunities. While the compact diamond design of the new interchange will minimize property impacts, it will be necessary to acquire new rights from 25 parcels, of which 3 are City-owned. The remaining parcels are a mix of vacant and improved residential and commercial properties, along with developer-owned recreational lands and an environmental conservation site, which may present unique challenges.

While not directly impacted by the new interchange design, rights to several parcels will be required in order to install a new road that will restore access to parcels located along the current Antelope Road alignment. Additional discussions may be required with these property owners to explain the need for the new road and to obtain input on their specific access configuration needs. Careful review may be needed for any potential impacts to APNs 384-210-001 & -003, which are owned by Pulte Homes and slated for future development, and APN 384-230-001, which is owned and overseen by the Western Riverside County Regional Conservation Authority (RCA). Due to the unique nature and usage of these parcels, additional environmental and regulatory issues could lead to delays in the standard acquisition process.

Kim Bibolet has built a solid working relationship with Pulte Homes’ management group through a variety of projects including the recent Murrieta Hills Roadway Project and the realignment of McElwain Street, and she will be able to quickly engage the appropriate decision makers to expedite these acquisitions. Monument also has a strong ongoing relationship with RCA and its parent agency, RCTC, and we will work closely with the City and Mark Thomas to identify any additional coordination or planning that may be required to keep the project moving forward. Our ongoing involvement with the Project and these critical stakeholders allows us to not only anticipate challenges, but also work proactively to mitigate any possible schedule risks.

SCOPE OF WORK AND MANAGEMENT APPROACH

PROJECT MANAGEMENT
Already familiar with Murrieta’s processes and priorities, Kim will continue to lead a streamlined right-of-way program built on clear communication and proactive risk management to help ensure that the Project can obtain Caltrans Certification and meet its schedule goals.

Project Management services will include:
 Coordinating with the City and project stakeholders to expedite the right-of-way appraisal and acquisition process.
 Overseeing all right-of-way activities to ensure tasks are completed accurately, and in compliance with Caltrans standards.
 Working closely with Mark Thomas to monitor project progress and respond to proposed design changes.

CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 17 538

COLLABORATION WITH THE CITY
Our team’s past and current
experience partnering with the
City of Murrieta has allowed us to
establish communication protocols
and work processes that will
continue to benefit the Project.

Under Kim’s leadership, we will
continue coordination with City staff,
utility providers, and Caltrans to
ensure all parties are in agreement
on key milestones and critical path
tasks from kickoff to closeout.
 Preparing and delivering written status reports to
communicate progress and flag potential issues.
 Developing and updating the project
schedule to track right-of-way activities from
implementation through closeout.
 Implementing Monument’s Quality Control Plan
to ensure all maps, forms, documents, and
deliverables meet quality standards.

TITLE AND ESCROW
The Monument team includes Krystal Thompson, a
20-year expert in title and escrow, with extensive
experience in commercial title research and coordination.

Krystal will review PTRs to identify encumbrances and liens, advise on title issues affecting acquisition, and manage the escrow process upon acceptance and execution of offers.

Final closing packages and title insurance policies will be delivered to the City immediately following escrow completion.

APPRAISAL SERVICES
Monument’s in-house appraiser, Adam Bogorad, will conduct formal appraisals of all impacted properties. All appraisals and appraisal reviews for the acquisition of real property will be prepared in accordance with the URA (49 CFR Part 24) and with the Uniform Standards of Professional Appraisal Practice (USPAP). A single “self-contained” appraisal report will be prepared for each acquisition that will contain, at a minimum, the following required information:
 Description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remaining property).  Statement of known and observed encumbrances, if any, along with location, zoning, present use, analysis of highest and best use, and five-year sales history.  An analysis of all identified comparable sales, including a description of all physical, legal, and economic factors contributing to property’s value.
 Statement of the value of the real property to be acquired and, for a partial acquisition, a statement of value of the damages and benefits, if any, to the remaining real property.  The effective date of valuation, date of appraisal, signature, and certification of the appraiser.

APPRAISAL REVIEW
Monument has proudly worked alongside Christie Santolucito from the Santolucito Dore Group to deliver countless appraisal review reports for local agencies. Christie will conduct a formal review of each appraisal report to ensure that the employed methodologies, analysis and calculations are correct and in compliance with minimum USPAP reporting requirements. Christie will work directly with Adam to discuss and resolve any errors or issues, before ultimately issuing a Review Certificate and recommending approval of the appraisal report.

ACQUISITION AND NEGOTIATION
Kim will be supported by our team of highly experienced agents to coordinate with property owners, prepare offer packages, and acquire all property rights in compliance with the URA and Caltrans Right-of-Way Manual. Monument will:
 Review right-of-way plans, appraisal and title reports, maps, and legal descriptions.

CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 18 539
 Prepare offer packages including purchase offers, appraisal summaries, agreements, deeds and all other required documents.
 Meet with property owners to present offers, explain the project, and address questions.  Negotiate in good faith, maintain acquisition files, and secure ROEs, PTECs, licenses, or permits as needed.
 Submit executed documents to the City along with transaction summaries.  Prepare Letters of Recommendation for administrative settlements or recommend condemnation if negotiations reach an impasse, outlining strategy for continued agreement efforts.

EMINENT DOMAIN SUPPORT
In the event that negotiations are unsuccessful or the project schedule necessitates the use of condemnation, Kim will submit a recommendation to the City to initiate the eminent domain process.

We will work closely with the City’s legal counsel in preparing the Resolution of Necessity hearing notices, providing copies of acquisition files and contact diaries, and assisting with trial preparation, as requested. Settlement negotiations by legal staff may continue until the trial begins, including alternative dispute resolution and negotiations for Stipulated Use and Possession to ensure access to the property to maintain project schedules. Monument has proven to be a valuable asset to our clients and their legal staff when eminent domain proceedings are required.

UTILITY COORDINATION
Monument’s Utility Relocation Team, led by Curtis Bibolet, has extensive experience providing utility coordination management for agencies throughout the Inland Empire, and has close working relationships with many local utility providers. Monument utilizes the Caltrans process for utility coordination as our standard protocol to address conflicting utility owners, which contains the following tasks:
 PREPARATION AND MANAGEMENT of utility impact estimates.  IDENTIFICATION AND ANALYSIS of existing utility services and facilities.  PREPARATION AND DELIVERY of utility verification letters, requesting as-built drawings of all existing facilities.
 DETERMINATION of high/low risk facilities.
 PREPARATION AND DELIVERY of all required Notices to Owners and Utility Agreements.  COORDINATION of any required potholing efforts or field surveys.

RIGHT-OF-WAY CERTIFICATION
Obtaining Caltrans Certification approval by February, 2026 will be Monument’s primary goal, and we will leverage our combined experience and existing relationships with District 8 staff to ensure that it is achieved. We are already working with Caltrans to complete the early acquisition approval process for the Project, we will continue to utilize proven acceleration techniques, including:
 OBTAINING pre-approval of all document templates
 INSERTING a Caltans-approved early possession clause into all agreements  SUBMITTING each executed agreement and required documentation as they are received, allowing for early review
 PREPARING AND SUBMITTING a draft certification 60 days ahead of expected completion  MAINTAINING open and consistent communication with Caltrans, Mark Thomas and the City to proactively advance the certification process
Monument knows the certification process and District 8’s expectations, and we know how to ensure the Project’s schedule is maintained.

CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 19 540

PROJECT TRACKING AND REPORTING
Our proprietary Integrated Project Management (IPM) system, built on the Podio platform, tracks every phase of the right-of-way process, from mapping and appraisals to negotiations and closeout. It delivers:
 CASE MANAGEMENT FOR ACQUISITIONS AND RELOCATIONS
 SCHEDULE TRACKING TO ENSURE ON-TIME COMPLETION
 BUDGET MONITORING WITH TREND ANALYSIS AND VARIANCE REPORTING  REAL-TIME REPORTING FOR OVERALL PROGRESS AND INDIVIDUAL CASE STATUS  CENTRAL DOCUMENT STORAGE FOR QUICK ACCESS
 WORKFLOW APPROVALS FOR KEY PROJECT DELIVERABLES
 SECURE MOBILE ACCESS FOR UPDATES ANYWHERE
We also provide GIS-based project mapping to visually track acquisition progress from planning to ribbon-cutting, enabling faster, more informed decisions and ensuring timely delivery of all milestones.

COST CONTROL AND BUDGET MANAGEMENT
Monument will manage a detailed budget for right-of-way services costs with itemized cost categories for each anticipated acquisition, appraisal, utility relocation, and related costs. Monument’s invoicing will be billed monthly and will include an Earned Value Analysis along with a list of tasks and subtasks performed, including the number of hours and dates worked by each team member. Kim will review and approve each invoice to ensure accuracy and to monitor the and update the overall budget, and regularly report status to the City.

STRATEGY FOR BALANCING COST EFFICIENCY

WITH ADHERENCE TO SCHEDULE MILESTONES
To maintain cost efficiency without sacrificing schedule milestones or quality, Kim will establish a detailed, parcel-by-parcel project plan that integrates scope, budget, and schedule in one management framework.

We set a realistic baseline budget that accounts for Project needs, risk factors, and potential scope changes, then track costs against it in real time. Monument also employs centralized processes that ensure each team member or department is focused on their strengths, maximizing efficiency and optimizing every dollar spent.

As an invested partner in the I-215 / Keller Road Interchange Project, the Monument team is excited to continue contributing to the Project’s success. We are confident that our industry experience and expertise in providing highly valuable right-of-way and utility coordination services, along with our skilled, local team, will ensure that the Project can progress uninterrupted and be completed on or ahead of schedule.

CITY OF MURRIETA | Proposal for Right-of-Way Services For The I-215 / Keller Road Interchange Project 20 541
ID
Task
Mode
Task Name Duration Start Finish
1 2 I-215 @ Keller Interchange Project 186 days? Thu 6/12/25 Thu 2/26/26 3 Project Milestones 163 days? Thu 6/12/25 Mon 1/26/26
4 Final Environmental Document 80 days Thu 6/12/25 Wed 10/1/25 5 Engineering Design 111 days? Mon 8/25/25 Mon 1/26/26
6 R/W Engineering (legals & plats) 20 days Mon 9/22/25 Fri 10/17/25 7 Early Acquisition Approval 30 days Fri 8/1/25 Thu 9/11/25 8 Pre-Acquisition Activities 12 days Wed 10/1/25 Thu 10/16/25 9 Authorization to Proceed 0 days Wed 10/1/25 Wed 10/1/25 10 Analyze Design & R/W Requirements 2 days Wed 10/1/25 Thu 10/2/25 11 Participate in Project Kickoff Meeting 1 day Fri 10/3/25 Fri 10/3/25 12 Review Title Reports 10 days Fri 10/3/25 Thu 10/16/25 13 ROW Acquisition Process 92 days Fri 10/3/25 Mon 2/9/26 14 Property Acquisitions 92 days Fri 10/3/25 Mon 2/9/26 15 Issue Notice of Decision to Appraise 2 days Fri 10/3/25 Mon 10/6/25 16 Finalize Appraisal Reports 3 wks Tue 10/7/25 Mon 10/27/25 17 OTS Appraisal Review 1 mon Tue 10/14/25 Mon 11/10/25 18 Prepare Offer Package 2 wks Tue 10/21/25 Mon 11/3/25 19 City Approval of Just Compensation 5 days Tue 11/11/25 Mon 11/17/25 20 Present Offer Letter/Negotiations 40 days Tue 11/18/25 Mon 1/12/26 21 Execute R/W Contract/Possession Agreements 5 days Tue 1/13/26 Mon 1/19/26 22 Open/Close Escrow 15 days Tue 1/20/26 Mon 2/9/26
23 Utility Coordination 80 days Fri 10/3/25 Thu 1/22/26 24 Comfirm Conflict Idenification with Designer 5 days Fri 10/3/25 Thu 10/9/25 25 Issue Relocation Claim Letters 5 days Fri 10/10/25 Thu 10/16/25 26 Coordination with Utility Owners 3 mons Fri 10/17/25 Thu 1/8/26 27 Draft/Finalize Utility Agreements 40 days Fri 11/14/25 Thu 1/8/26 28 Issue Notices to Relocate to Utility Owners 20 days Fri 11/14/25 Thu 12/11/25 29 Coordinate Encroachment Permits 30 days Fri 12/12/25 Thu 1/22/26 30 ROW Certification Process 53 days Tue 12/16/25 Thu 2/26/26 31 Submit "Pre-Approval" Packages to Caltrans 40 days Tue 12/16/25 Mon 2/9/26 32 Submit Draft Certification to Caltrans 3 wks Tue 1/20/26 Tue 2/10/26 33 Submit Final Certification to Caltrans 3 days Tue 2/10/26 Thu 2/12/26 34 Caltrans Final Review 2 wks Fri 2/13/26 Thu 2/26/26
35 Obtain Caltrans Approval 0 days Thu 2/26/26 Thu 2/26/26 10/1
2/26
May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
Qtr 3, 2025 Qtr 4, 2025 Qtr 1, 2026
Task
Split
Milestone
Summary
Project Summary
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
External Tasks
External Milestone
Deadline
Progress
Manual Progress
I-215 @ Keller Interchange Project
ROW Certification Delivery Schedule

Page 1 ends

Murrieta City CouncilNovember 18, 2025

Murrieta City Council
November 18, 2025