CITY OF MURRIETA
GENERAL OPERATING ACCOUNT
1 TOWN SQ
MURRIETA CA 92562-7922
Account Number - DDA
FUND SUMMARY
Dividends Earned YTD 1,097,106.13
Federal Withholding YTD .00
7-Day Simple Yield 3.60047 %
Federal Withholding .00
Beginning Balance 54,726,116.36
Shares Purchased 433,520.93 +
Shares Redeemed 20,114,786.79 -
Ending Balance 35,044,850.50
Prior Month Dividends Paid to Checking 161,178.70
Dividends Earned in Current Month 139,125.10
125
STAGECOACH SWEEP
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 07-14 55,152,109.72 3.566 % .000097720 5,389.46
07-15 55,152,178.05 3.576 % .000097994 5,404.58
07-16 55,153,172.21 3.565 % .000097691 5,387.97
07-17 55,153,172.21 3.547 % .000097205 5,361.16
07-18* 35,153,172.21 3.547 % .000097205 3,417.06
07-19* 35,153,172.21 3.547 % .000097205 3,417.06
07-20 35,153,172.21 3.534 % .000096827 3,403.78
07-21 35,046,141.87 3.551 % .000097291 3,409.67
07-22 35,046,141.87 3.564 % .000097658 3,422.54
07-23 35,046,141.87 3.578 % .000098049 3,436.24
07-24 35,046,141.87 3.583 % .000098172 3,440.55
07-25* 35,044,850.50 3.583 % .000098172 3,440.42
07-26* 35,044,850.50 3.583 % .000098172 3,440.42
07-27 35,044,850.50 3.583 % .000098188 3,440.98
07-28 35,044,850.50 3.597 % .000098550 3,453.67
07-29 35,043,979.03 3.599 % .000098613 3,455.79
07-30 35,044,850.50 3.601 % .000098674 3,458.02
07-31 35,044,850.50 3.604 % .000098748 3,460.61
TOTAL MTD 139,125.06
* 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.
07/01/2026 - 07/31/2026
Account Number - DDA
126
CUSTOMER SERVICE INFORMATION
21252927030200469301
1 4Page of
Commercial Checking With Interest
04693 LIA 703 020 21226 - NNNNNNNNNNNN 0000
JPMorgan Chase Bank, N.A.
P O Box 182051
Columbus OH 43218- 2051
For the Period 7/1/26 to 7/31/26
Advice Date: July 31, 2026
Account:
CITY OF MURRIETA
GENERAL
1 TOWN SQUARE
MURRIETA CA 92562
Annual Percentage Yield *
2.68%
Rate
0.00%
Day Basis
365
Compounding Method
Monthly
Average Daily Balance
$19,755,225.74
If you have any questions about this
notice, please contact your Customer
Service Professional.
* Annual Percentage Yield - the percentage rate earned if balances remain on deposit for a full year with compounding, no change in the interest rate and all interest is left in the account.
Interest Payment Summary
127
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
2 4Page of
04693 LIA 703 20 21226
For the Period 7/1/26 to 7/31/26
Advice Date: July 31, 2026
Account:
DATE
RATE
RATE
CLOSING
DAILY AMOUNT
CUMULATIVE
CREDIT
CUMULATIVE
DEBIT
1 DAY Annual
TIERS
BALANCE AMOUNT AMOUNT
7/01
0.000072
2.65% 25,893,319.42 1,879.85 1,879.85
7/02
0.000072
2.65% 25,425,668.06 1,845.90 3,725.75
7/03
0.000072
2.65% 24,864,594.39 1,805.16 5,530.92
7/04
0.000072
2.65% 24,864,594.39 1,805.16 7,336.09
7/05
0.000072
2.65% 24,864,594.39 1,805.16 9,141.26
7/06
0.000072
2.65% 24,464,210.23 1,776.10 10,917.36
7/07
0.000072
2.65% 23,951,849.76 1,738.90 12,656.27
7/08
0.000072
2.65% 23,467,180.58 1,703.71 14,359.99
7/09
0.000072
2.65% 14,960,184.26 1,086.10 15,446.09
7/10
0.000072
2.65% 14,459,289.76 1,049.74 16,495.84
7/11
0.000072
2.65% 14,459,289.76 1,049.74 17,545.58
7/12
0.000072
2.65% 14,459,289.76 1,049.74 18,595.33
7/13
0.000072
2.65% 6,493,514.05 471.42 19,066.76
7/14
0.000072
2.65% 6,423,453.05 466.34 19,533.10
7/15
0.000072
2.65% 6,177,144.46 448.46 19,981.56
7/16
0.000072
2.65% 6,021,753.58 437.17 20,418.74
7/17
0.000072
2.65% 26,221,454.56 1,903.67 22,322.42
7/18
0.000072
2.65% 26,221,454.56 1,903.67 24,226.10
Daily Details
128
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 $44,461.11
21252927030200469302
3 4Page of
04693 LIA 703 20 21226
For the Period 7/1/26 to 7/31/26
Advice Date: July 31, 2026
Account:
DATE
RATE
RATE
CLOSING
DAILY AMOUNT
CUMULATIVE
CREDIT
CUMULATIVE
DEBIT
1 DAY Annual
TIERS
BALANCE AMOUNT AMOUNT
TOTAL AMOUNT CREDITED FOR THIS PERIOD:
7/19
0.000072
2.65% 26,221,454.56 1,903.67 26,129.77
7/20
0.000072
2.65% 25,542,376.39 1,854.37 27,984.15
7/21
0.000072
2.65% 25,294,627.55 1,836.38 29,820.54
7/22
0.000072
2.65% 21,022,021.87 1,526.19 31,346.74
7/23
0.000072
2.65% 17,145,403.24 1,244.75 32,591.49
7/24
0.000072
2.65% 21,204,156.50 1,539.42 34,130.92
7/25
0.000072
2.65% 21,204,156.50 1,539.42 35,670.34
7/26
0.000072
2.65% 21,204,156.50 1,539.42 37,209.76
7/27
0.000072
2.65% 20,122,196.46 1,460.87 38,670.63
7/28
0.000072
2.65% 19,841,223.75 1,440.47 40,111.10
7/29
0.000072
2.65% 19,817,667.47 1,438.76 41,549.87
7/30
0.000072
2.65% 19,825,012.26 1,439.29 42,989.16
7/31
0.000072
2.65% 20,274,706.13 1,471.94 44,461.11
(Continued)
Daily Details
129
CITY OF MURRIETA
City Council Meeting Agenda
Report
9/15/2026
Agenda Item No. 5.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, City Manager
PREPARED BY: Diego Chavez, Administrative Services Director SUBJECT:
Amended & Restated Murrieta Management, Professional, and Confidential Employees’ Compensation & Benefits Plan
ABSTRACT
The City Council is being asked to consider adopting an Amended & Restated Management, Professional, and Confidential (MPC) Compensation & Benefits Plan for the City’s unrepresented MPC employees. The proposed updates include changes to health contributions, classifications, severance, additional duties pay, and approval authority for leave of absence without pay. If adopted, the amended plan would replace the version approved on October 7, 2025, as well as all prior versions.
RECOMMENDATION
Adopt Resolution No. 26-4970 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving an Amended & Restated Murrieta Management, Professional, and Confidential Employees’ Compensation & Benefits Plan.
PRIOR ACTION/VOTE
On October 7, 2025, the City Council adopted Resolution No. 25-4890, approving an updated Murrieta Management, Professional, and Confidential Employees’ Compensation Plan (Vote: 5-0).
STRATEGIC ALIGNMENT
This item aligns with the City Council goal of maintaining a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency relating to an administrative priority.
DISCUSSION
Section 36506 of the California Government Code requires that the City Council fix the compensation of all appointive officers and employees by resolution or ordinance. Murrieta Municipal Code, Title 2, Chapter 2.08, Section 2.08.060, provides that the City Manager shall prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. The compensation and benefits for the City’s Management, Professional, and Confidential (MPC) employees are currently provided in the CITY OF MURRIETA Printed on 9/10/2026Page 1 of 3
powered by Legistar™
130
9/15/2026
Agenda Item No. 5.
City’s Management, Professional, and Confidential (MPC) employees are currently provided in the Management, Professional, and Confidential Employees’Compensation Plan. The MPC Compensation Plan is adopted by resolution of the City Council. The MPC Compensation Plan covers approximately 67 different classifications and 79 unrepresented authorized positions.
The MPC Compensation Plan was most recently amended on October 7, 2025. An Amended & Restated MPC Compensation & Benefits Plan has been prepared for the City Council’s consideration. If adopted, the Amended & Restated updated MPC Compensation & Benefits Plan would supersede and replace the MPC Compensation Plan approved by the City Council on October 7, 2025, and all prior iterations of same. This updated resolution (Attachment 1) reflects the following material changes:
1. Increase in the monthly health contribution amount by $185.25 from $1,936.28 to $2,121.53, effective January 1, 2027.
2. Update the list of classifications subject to the MPC Compensation & Benefits Plan to align with the schedule of authorized positions approved by the City Council in the Fiscal Year 2026/27 Operating Budget.
· Add Development Review Coordinator, Director of Executive Services, and Payroll Supervisor. · Revise the title of Director of Public Works/City Engineer to Director of Public Works and Engineering.
3. Clarify that Severance Pay for terminated employees is conditioned upon execution of a waiver and release of claims. Add misconduct, criminal conduct, and other conduct that negatively affect the City as disqualifying conditions for severance pay. Authorizes the City Manager to offer up to three (3) months’ severance regardless of length of service.
4. Delete 2025 and 2026 minimum employer contribution amounts required under the Public Employees’ Medical and Hospital Care Act for 2026.
5. Add an Additional Duties Pay section allowing the City Manager to approve temporary additional-duty assignments for training, professional development, succession planning, special projects, operational needs, or other reasons in the City’sinterest. The pay is equal to five percent (5%) of base salary and is generally limited to 13 full pay periods.
6. Authorize Department Heads, in consultation with Human Resources, to approve or deny Leave of Absence without Pay requests for up to one full pay period, with requests exceeding one full pay period requiring City Manager approval.
7. Updated dates and grammar throughout the prior MPC Compensation Plan and re-titled it to the Amended & Restated MPC Compensation & Benefits Plan.
PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
CEQA AND REGULATORY OVERVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly.
FISCAL IMPACT
The fiscal impact of approving the proposed Amended & Restated MPC Compensation & Benefits Plan for FY CITY OF MURRIETA Printed on 9/10/2026Page 2 of 3
powered by Legistar™
131
9/15/2026
Agenda Item No. 5.
The fiscal impact of approving the proposed Amended & Restated MPC Compensation & Benefits Plan for FY 2026/27 is $155,610. The FY 2026/27 monthly health contribution costs will be incorporated into the Operating Budget during an upcoming Budget Update.
ATTACHMENTS
ATT 1 - Resolution No. 26-4970
CITY OF MURRIETA Printed on 9/10/2026Page 3 of 3
powered by Legistar™
132
RESOLUTION NO. 26-4970
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CALIFORNIA , APPROVING AN AMENDED &
RESTATED MURRIETA MANAGEMENT, PROFESSIONAL, AND
CONFIDENTIAL EMPLOYEES ’ COMPENSATION AND BENEFITS
PLAN
WHEREAS, Section 36506 of the California Government Code requires that the city council fix the compensation of all appointive officers and employees by resolution or ordinance; and.
WHEREAS, pursuant to Murrieta Municipal Code, Title 2, Chapter 2.08, Section 2.08.060, the city manager shall prepare and submit the proposed annual budget and the proposed annual salary plan to the city council for its approval; and
WHEREAS, on October 15, 2019, the City of Murrieta (“City”) City Council adopted Resolution No. 19 -4171, approving the Management and Confidential Employees Compensation Plan (the “Plan”), establishing the level of compensation and benefits for the City’s Management and Confidential Employees group (“M&C”), effective October 16, 2019; and
WHEREAS , on May 4, 2021, the City Council adopted Resolution No. 21 -4392 approving amendments to the Plan; and
WHEREAS , on August 16, 2022, the City Council adopted Resolution No. 22-4606 authorizing updates to the benefits provided for in the Plan, although amendments were not incorporated into the Plan at that time; and
WHEREAS , on July 2, 202 4, the City Council adopted Resolution No. 22-4772 approving an updated Plan; and
WHEREAS , on September 3, 2024, the City Council adopted Resolution No. 24-4785 approving an updated Plan , which included changing the Plan title to the Management, Professional, and Confidential Employees’ Compensation Plan (“MPC Compensation Plan ”), along with other revisions ; and
WHEREAS , on October 7, 202 5, the City Council adopted Resolution No. 25-4890 approving an updated MPC Compensation Plan ; and
WHEREAS, the City Council now desires to adopt a comprehensive Amended & Restated MPC Compensation & Benefits Plan to: i) retitle the MPC Compensation Plan to the Amended & Restated MPC Compensation & Benefits Plan to clarify and reflect that it covers both compensation and benefits for MPC employees and amend and supersede all prior MPC Compensation Plans ; ii) increase the monthly health contribution amount to $2,121.53, effective January 1, 202 7 for MPC employees; iii) clarify that Severance Pay for terminated employees is conditioned upon execution of a waiver and release of claims; iv) grant the city manager discretionary authority to provide up to 3 months’ severance pay for employees hired for less than a year; v) add a new Additional Duties Pay section; vi) grant Department Heads , in consultation with Human Resources authority to approve or deny leave of absence without pay requests for up to one full pay period; and vii) make 133
miscellaneous clean-ups and amendments to make the Amended & Restated MPC Compensation & Benefits Plan current.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the Amended & Restated MPC Compensation & Benefits Plan attached hereto as Exhibit A is adopted and shall be effective September 15, 2026. The Amended & Restated MPC Compensation & Benefits Plan shall supersede and replace the MPC Compensation Plan that was adopted on October 7, 2025 and all prior iterations of same.
Section 2. This resolution shall be effective upon its adoption.
PASSED, AND ADOPTED this 15th day of September 2026.
Jon Levell, 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. 26-4970 was duly adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 15th day of September, 20265, and was signed by the mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk
134
CITY OF MURRIETA
AMENDED & RESTATED
MANAGEMENT, PROFESSIONAL,
AND CONFIDENTIAL EMPLOYEES’
COMPENSATION & BENEFITS PLAN
UPDATED SEPTEMBER 15, 2026
135
THE CITY OF MURRIETA
AMENDED & RESTATED
MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES
COMPENSATION & BENEFITS PLAN
UPDATED SEPTEMBER 15, 2026
SECTION 1.01 INTENT AND PURPOSE ............................................................................... 1 SECTION 1.02 IMPLEMENTATION ........................................................................................ 1 SECTION 1.03 EFFECTIVE DATE ......................................................................................... 1 SECTION 1.04 CLASSIFICATIONS SUBJECT TO THE MPC PLAN ............................... 1 SECTION 1.06 AT-WILL EMPLOYMENT STATUS ............................................................. 3 SECTION 1.07 LEAVES - JURY, MILITARY, EDUCATION, ANNUAL, SICK, ADMINISTRATIVE, AND LEAVE OF ABSENCE. .................................................................. 4 SECTION 1.08 HOLIDAYS ....................................................................................................... 9 SECTION 1.09 SUBSTANCE ABUSE POLICY .................................................................. 12 SECTION 1.10 WORK SCHEDULES ................................................................................... 12 SECTION 1.11 ON-CALL PROGRAM .................................................................................. 12 SECTION 2.0 COMPENSATION ......................................................................................... 12 SECTION 2.1 457(b) DEFERRED COMPENSATION MATCH ...................................... 13 SECTION 2.2 401(a) RETIREMENT PLAN ....................................................................... 13 SECTION 2.4 AUTO ALLOWANCE .................................................................................... 14 SECTION 2.5 UNIFORM ALLOWANCE ............................................................................ 14 SECTION 2.6 SPANISH LANGUAGE PAY ....................................................................... 14 SECTION 2.7 CELL PHONE ALLOWANCE AND REIMBURSEMENT ........................ 15 SECTION 2.8 TEMPORARY ASSIGNMENT PAY ........................................................... 15 SECTION 2.09 ADDITIONAL DUTIES PAY ........................................................................ 16 SECTION 2.10 HEALTH INSURANCE BENEFITS ............................................................ 16 SECTION 2.11 RETIREE MEDICAL ..................................................................................... 17 SECTION 2.12 LIFE INSURANCE: ....................................................................................... 18 SECTION 2.13 LONG TERM DISABILITY: .......................................................................... 18 SECTION 2.14 SHORT TERM DISABILITY: ....................................................................... 18 SECTION 2.15 PUBLIC EMPLOYEES RETIREMENT SYSTEM: ................................... 19 SECTION 2.16 TUITION REIMBURSEMENT PROGRAM ............................................... 20 SECTION 2.17 OTHER ITEMS .............................................................................................. 20 136
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
SECTION 1.01 INTENT AND PURPOSE
To m aintain a distinct and separate procedure for establishing the compensation and benefits for at-will and unrepresented Management , Professional, and Confidential employees. The employees in these unrepresented groups, as designated below, shall be compensated and benefitted as set forth in this Compensation & Benefits P lan (hereinafter referred to as the MPC PLAN).
The City of Murrieta (hereinafter referred to as “CITY”) recognizes the special responsibilities and demands placed upon its Management , Professional, and Confidential employees. The CITY also notes the necessity to compensate these employees in order to maintain a high caliber of top leadership and administrative support.
At the same time, the CITY expects certain levels of performance in return for compensation.
SECTION 1.02 IMPLEMENTATION
This document constitutes a recommendation to be submitted to the City Council of the City of Murrieta. This MPC PLAN is of no force or effect unless or until adopted by the City Council by resolution. This MPC PLAN supersedes all prior compensation and benefit plans for MPC employees.
SECTION 1.03 EFFECTIVE DATE
The Amended & Restated MPC PLAN shall be effective September 15, 2026.
SECTION 1.04 CLASSIFICATIONS SUBJECT TO THE MPC PLAN
The following positions are subject to the components of the MPC PLAN:
Appointed: Appointed by the City Council.
• City Manager
Department Heads: Employees in this group are “At Will”, hold an exempt status, and serve at the pleasure of the City Manager.
Administrative Services Director
Assistant City Manager
City Clerk
Development Services Director
Director of Community Services
Director of Executive Services
Director of Municipal Services
Director of Public Works and Engineer
Deputy City Manager
Economic Development Director
Director of Finance
Fire Chief
Police Chief
137
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
Management and Professional : Employees in this group are “At Will ,” may hold an exempt status, and serve at the pleasure of the City Manager.
Accountant
Accounting Manager
Accounting Supervisor
Administrative Manager
Assistant City Clerk
Assistant to the City Manager
Building and Safety Manager
Building Official
Capital Projects Program Manager
City Engineer
City Planner
Code Enforcement Manager
Community Services Manager
Deputy City Clerk
Deputy Director Development Services
Deputy Fire Chief
Deputy Fire Marshal
Deputy Library Director
Development Review Coordinator
Disaster Preparedness Coordinator
Emergency Medical Services Nurse
Coordinator
Economic Development Manager
Engineering Manager
Financial Analyst
Finance Manager
Fire Marshal
Fire Prevention Battalion Chief
Homeless Services Manager
Human Resources Analyst
Human Resources Manager
Information Technology Manager
Library Manager
Management Analyst
Parks & Community Services Manager
Payroll Supervisor
Principal Civil Engineer
Public Information Officer
Public Safety Communications Manager
Records Manager
Risk Management Analyst
Senior Accountant
Senior Financial Analyst
Senior Human Resources Analyst
Senior Management Analyst
Senior Risk Management Analyst
Senior Program Manager
“At Will” Confidential Employees: Employees in this group are “At Will” and hold a non- exempt status, can earn overtime, and serve at the pleasure of the City Manager.
Employees in this group are designated as such by virtue of the fact that they are privy to information regarding employee/employer relations.
Accounting Technician, Payroll
Accountant Trainee
Assistant Management Analyst
Executive Assistant
Human Resources Technician
Purchasing and Contracts Coordinator
Risk Management Technician
Senior Executive Assistant
138
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
SECTION 1.06 AT-WILL EMPLOYMENT STATUS
Notwithstanding any other provision of this MPC PLAN, the terms and conditions of employment for employees shall be as follows:
A. All newly hired Management , Professional, and Confidential employees are "At Will" employees who serve at the will and pleasure of the City Manager. They may be discharged at any time for any reason, with or without cause, and with no rights of appeal.
B. All Department Heads, Managers , Professional, and Confidential staff hired or promoted into an “At-Will” position covered by the MPC PLAN after July 1, 2008 , will serve at the pleasure of the City Manager. Prior to the appointment , written acknowledgment from the appointee agreeing that they understand the At -Will status will be obtained. Such employees may be terminated from service at any time without notice and without cause.
C. “At Will” employees removed from service with the CITY shall be entitled to one (1) month’s salary as Severance Pay for each completed year of employment with the CITY up to a maximum Severance Pay equal to six months’ salary , provided that the termination was not the result of a general layoff , misconduct, criminal conduct, or other conduct that negatively affects the City , as determined by the City Manager. Such Severance Pay is conditioned upon execution of a waiver and release of claims in a standard form approved by the City Attorney’s office. When deemed necessary and warranted in the interests of the CITY, the City Manager may negotiate and authorize Severance Pay of up to three (3) months’ salary for an At-Will employee, regardless of the employee’s length of service.
D. Compensation ranges for Management, Professional, and Confidential employees who hold the “At Will” status shall be set at 2.5% higher than for comparable positions whose incumbents do not hold the “At Will” status. Any Management , Professional, or Confidential employee who was hired prior to July 1, 2008, may voluntarily agree to transfer to an “At will” status and will receive the 2.5% base pay increase. Additionally, they will be required to sign a written acknowledgment agreeing that they understand the “At Will” status , that they will serve at the pleasure of the City Manager, and that they may be terminated from service at any time without notice.
139
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
SECTION 1.07 LEAVES - JURY, MILITARY, EDUCATION, ANNUAL, SICK, ADMINISTRATIVE, AND LEAVE OF ABSENCE.
All applicable leave accruals (i.e., Annual), unless otherwise specified in the MPC PLAN, are calculated and credited to each employee based upon an eight (8) hour workday. All leave hours taken shall be based upon the length of a given employee's work day (i.e., 8 hrs, 9 hrs, 10 hrs , 12 hrs) and charged against the applicable accrued leave balance.
Partial day absences shall be charged against the employee’s Annual, Holiday, Administrative or Sick Leave balances. In the event an exempt employee does not have sufficient time in his/her leave account to cover the absence, deductions without pay will be made on full days only.
A. JURY LEAVE
Employees who are called for jury service in any court in the State of California or in the United States shall be granted a paid leave of absence to serve as a juror.
An employee summoned to and serving on jury duty shall submit evidence of the summons to Human Resources and may be absent from duty with full pay. The employee shall be entitled to retain the mileage pay received for jury duty as partial or full reimbursement for the additional expenses associated with jury duty with no additional reimbursement by the CITY.
B. MILITARY LEAVE
Military leaves of absence shall be governed by the provisions of Sections 395 et seq. of the Military and Veterans Code.
C. FAMILY ILLNESS LEAVE
When employees need a leave of absence due to a family illness, said leave time shall be taken and paid from accrued Annual Leave.
NOTE: It is the intent of the CITY to comply fully with the Family and Medical Leave Act of 1993, the California Family Rights Act of 1995, and the California Pregnancy Disability Leave Law. Nothing in this MPC PLAN is intended to restrict employees’ rights under these laws.
D. BEREAVEMENT LEAVE
1. Immediate Family. For purposes of determining Bereavement Leave, the term “immediate family” is defined as spouse, domestic partner, child, parent, sibling, and grandparents; the aforementioned either natural, legally adopted, step or in- law, or any person over whom the e mployee acts as legal guardian, or a verifiable current member of the employee's immediate household. The CITY and the Association further agree that the definition 140
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
of immediate family shall include an ex-spouse if the employee is escorting dependent children to the funeral of an ex -spouse who was the parent of the dependent child or children.
2. Travel Less Than 300 Miles. Upon the death of an immediate family member whose memorial/burial services occur within less than 300 miles from the CITY, an employee may use up to three (3) work shifts of paid Bereavement Leave not chargeable to any other leave and an additional two (2) work shifts of any other leave or of unpaid leave for a total of five (5) work shifts.
3. Travel More Than 300 Miles . Upon the death of an immediate family member whose memorial/burial services occur 300 miles or more from the CITY, an employee may use up to five (5) work shifts of paid Bereavement Leave not chargeable to any other leave.
4. Other Terms and Conditions of Use . Bereavement Leave must be completed within three (3) months of the immediate family member’s death and may be intermittent leave and is not required to be used in consecutive amounts. Intermittent leave shall equate to the number of equivalent hours as constitute the employee’s normal work shifts as of the date Bereavement Leave is first requested. Employees are required to provide documentation to the CITY of the immediate family member’s death within thirty (30) days of the first day of use of Bereavemen t Leave. “Documentation” includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or gover nmental agency. The CITY shall maintain the confidentiality of any employee requesting leave under this section. Any documentation provided to the CITY regarding this leave shall be maintained as confidential and shall not be disclosed except to internal personnel or counsel, as necessary, or as required by law.
E. ANNUAL LEAVE
1. Employees covered by the terms and conditions of this MPC PLAN shall accrue Annual Leave per the following schedule:
Department Heads:
Years of Service Annual Accrual Maximum Accrual
1 to 5 years 192 hours per year (24 days x 8 hrs) 1000 hours 6 to 10 years 232 hours per year (29 days x 8 hrs) 1000 hours 11+ years 272 hours per year (34 days x 8 hrs) 1000 hours 141
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
Management, Professional, and At-Will Confidential Employees:
Years of Service Annual Accrual Maximum Accrual
1 to 3 years 168 hours per year (21 days x 8 hrs) 1000 hours 4 to 6 years 192 hours per year (24 days x 8 hrs) 1000 hours 7 to 10 years 216 hours per year (27 days x 8 hrs) 1000 hours 11 to 15 years 232 hours per year (29 days x 8 hrs) 1000 hours 16+ years 272 hours per year (34 days x 8 hrs) 1000 hours
2. The maximum amount of scheduled A nnual Leave time that may be taken shall be thirty (30) working days in a fiscal year. Additional Annual Leave for exceptional situations may be granted on a case- by-case basis by the City Manager.
3. Employees are encouraged to use their Annual Leave to rest, relax and spend time with loved ones periodically. A minimum of 80 hours of leave (Administrative, Annual, and/or Floating Holiday) must be used each fiscal year by the employee, with prior approval . The 80 hours can be taken in increments and does not have to be in a consecutive block of time.
4. Annual Leave may be accrued up to a maximum of one thousand (1,000) hours. When the maximum amount is reached, the employee will no longer accrue additional Annual Leave. Annual Leave accruals will re-commence in the pay period in which Annual Leave is used and the balance is reduced below the maximum allowed. It is incumbent upon the employee to manage his or her accrued Annual Leave time off so as not to exceed the maximum accrual limit.
5. Earned and accrued Annual Leave may be taken before the completion of the first year of service with the approval of the City Manager or designee.
6. Holidays within Annual Leave period. Holidays falling within the scheduled leave period shall not be considered as part of an employee's vacation.
Should a holiday be declared during an employee’s Annual Leave period, an equivalent number of Holiday Leave hours will be used instead of Annual Leave. Illness occurring during a scheduled vacation period shall not be considered as unscheduled (sick) leave.
7. Unused Annual Leave. Any employee who is eligible for A nnual Leave benefits and separates from employment with the CITY for any reason will be paid for any unused Annual Leave hours.
8. Length of Annual Leave. Annual Leave in excess of eighty (80) consecutive hours will require the City Manager's approval.
142
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
9. When an employee is absent from work due to illness or a health related reason, said leave periods shall utilize Annual Leave with pay. In the event of absences due to illness or injury, the D epartment Head, in consultation with the Human Resources Director , may require a physician's statement indicating the employee's fitness to return to work
10. Twice each year, on the first payday in June and December, employees who have accrued at least 300 hours in their A nnual Leave bank may request a cash payout of Annual Leave hours, but they must first irrevocably designate in writing the amount of leave to be cashed out in the calendar year preceding the cash-out and must accrue the amount to be cashed out after the designation. Cash-out is at the employee’s rate of pay at the time paid. Finance will supply the irrevocable designation form upon request.
Such requests shall be in writing to the Finance Department. This payment is taxable.
The maximum number of hours that can be cashed out in each sell -back period is 120 hours.
F. SICK LEAVE ACCUMULATED PRIOR TO JULY 1, 1996.
1. ACTIVE EMPLOYEES: All Sick Leave balances accumulated since the employee's date of hire up to and including the pay period ending July 6, 1996 are not added to A nnual Leave, but are frozen and placed in a S ick Leave bank for the respective employee. This bank of prior Sick Leave shall remain for the employee's benefit and may be used for illnesses or injury resulting in an absence of one day or more. Employees may use Sick Leave hours in lieu of Annual Leave for any qualifying absence of 1 day or more.
2. DEPARTING EMPLOYEES: At the time of an employee's resignation, layoff, or retirement from the CITY, employees with continuous CITY employment of ten (10) years or more shall be eligible to receive payment for 50% of the unused Sick Leave in the Sick Leave bank at the employee’s then rate of compensation. The remaining Sick Leave hours cannot be used for any purpose other than CalPERS service credit for employees who are retiring.
G. ADMINISTRATIVE LEAVE
Employees shall be granted A dministrative Leave according to the following schedule:
Department Heads Management and Professional
120 hours/year 80 hours/year
143
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
Beginning the first pay period following City Council adoption on October 15, 2019, employees will accrue a maximum of eighty (80) or one hundred twenty (120) hours of Administrative Leave per fiscal year, depending on their classification, and the leave will not be forfeited at the end of the fiscal year. Employees will begin accruing Administrative Leave at the rate of 3.0769 hours per pay period, up to a maximum of eighty (80) hours for Management Employees and 4.6153 hours per pay period, up to a maximum of one hundred twenty (120) hours for Department Heads. Employees separating from service with the CITY will be compensated for all hours on their balance.
Employees will be allowed to cash -out Administrative Leave one time each fiscal year, payable on the first payday in June, but they must first irrevocably designate in writing the amount of administrative leave to be cashed out in the calendar year preceding the cash- out and must accrue the amount to be cashed out after the designation. Cash-out is at the employee’s rate of pay at the time paid. Finance will supply the irrevocable designation form upon request. Such requests shall be in writing to the Finance Department.
H. COMPENSATORY TIME (COMP TIME)
Employees who earn Compensatory Time in lieu of overtime may accrue such leave time up to a maximum of 80 hours at any given time.
Twice each year (in June and December), employees who have accrued compensatory hours may request to cash out all or a portion of these accrued hours. Requests must be made in writing to the Finance Department. The maximum cash-out in any year shall be eighty (80) hours.
I. LEAVE OF ABSENCE
It is the intent of the CITY to afford all rights of employment granted under State Workers’ Compensation laws and State and Federal anti -discrimination laws.
Furthermore, the CITY intends to comply fully with the Family Medical Leave Act of 1993, the Cali fornia Family Rights Act of 1995, and the California Pregnancy Disability Leave Law. Nothing in this Compensation Plan is intended to restrict employees’ rights under these laws.
Leave of Absence w ithout Pay . An employee may be allowed a L eave of Absence without Pay. This can be initiated by a written request from the employee or a family representative if the employee is unable to make the request. The request shall be directed to the employee’s Department Head and forwarded to Human Resources for review. Following consultation with Human Resources, the Department Head may approve or deny a Leave of Absence without pay for a period not to exceed one (1) full pay period (two workweeks).
144
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
Requests for a Leave of Absence without Pay exceeding one (1) full pay period (two workweeks) shall be forwarded to the City Manager by the Department Head, in coordination with Human Resources , with a written recommendation for approval or denial. The City Manager’s decision to approve or deny the request shall be final in all cases . The City Manager may grant an employee a Leave of Absence without Pay for a period not to exceed six (6) months. During such Leave of Absence without Pay, Annual Leave, and Holiday Leave Bank credits will not accrue, and the employee will be excluded from all other compensation and fringe benefits. However, the employee, at his or her discretion and at their own cost, may elect to continue eligible health coverage under the COBRA program so that applicable benefits may continue.
During an approved Intermittent Leave of Absence without Pay, any time an employee works less than full -time, that period of time shall be counted towards the six-month limit of Leave Without Pay.
J. WORKERS’ COMPENSATION LEAVE:
When an employee cannot work due to an accepted work -related injury, that employee shall receive Total Temporary Disability (TTD) benefits as provided by law. For sixty (60) workdays, the CITY shall pay the employee the difference between his/her regular base salary and the amount of the TTD payment. Any partial day off will count as a full day towards the sixty (60) days. Beyond the first 60 workdays of TTD, the employee shall have the option of using accumulated Annual Leave to supplement the TTD, provided that the combined amount received from TTD and the supplement does not exceed 100% of base salary.
During a pay period in which an employee is supplementing their TTD with accrued Annual Leave, that employee will continue to accrue Annual Leave at their normal rate. This supplement shall be, at a minimum, equal to the employee’s bi -weekly accrual rate.
SECTION 1.08 HOLIDAYS
A. The approved CITY holidays shall be as follows:
1. January 1
st, known as New Year’s Day
2. Dr. Martin Luther King Holiday
3. The third Monday in February, known as "Presidents' Day"
4. The last Monday in May, known as "Memorial Day"
5. July 4th, known as "Independence Day"
6. The first Monday in September, known as "Labor Day"
7. November 11th, known as "Veterans' Day"
8. Thanksgiving Day
9. The day after Thanksgiving
145
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
10. December 24th, known as Christmas Eve
11. December 25th, known as Christmas Day
12. December 31st, known as New Year’s Eve
13. Floating Holiday (may be used anytime during the year)
B. Holiday Value: The hour value for each holiday shall be equivalent to the employee’s authorized work schedule (e.g., If the holiday falls on a regularly scheduled eight (8) hour workday, the value of the holiday leave is eight (8) hours.
If the holiday falls on a regularly scheduled nine (9) hour workday, the value of the holiday leave is nine (9) hours. If the holiday falls on a regularly scheduled ten (10) hour workday, the value of the holiday leave is ten (10) hours. If the holiday fal ls on a regularly scheduled twelve (12) hour workday, the value of the holiday leave is twelve (12) hours).
C. Procedure if Holiday Falls on Saturday or Sunday: For Saturday holidays, facilities that are normally closed on Saturday will be closed to the public on the preceding Friday, with applicable City employees observing the holiday on Friday. Facilities normally open on Saturday will observe the holiday on the actual date (Saturday).
For Sunday holidays, facilities that are normally closed on S unday will be closed to the public on the following Monday , with applicable City employees observing the holiday on Monday. Facilities normally open on Sunday will observe the holiday on the actual date (Sunday).
D. Procedure for Work Schedule Changes: Should an employee’s authorized work schedule (e.g., 5/8, 9/80, 4/10, or 3/12) be changed, resulting in a change in regular hours worked (e.g., 8, 9, 10, or 12), the hour value of holidays will be adjusted for any holidays remaining after the schedule change.
E. Holiday Leave Bank
1. Employees will be provided holiday leave hours on the first payday in July.
Employees on a 9/80 work schedule will receive one hundred seventeen (117) hours of holiday leave. Employees on a 4/10 work schedule will receive one hundred thirty (130) hours of holiday leave. Employees on a 3/12 work schedule will receive one hundred fifty (156 ) hours of holiday leave. Employees on a 5/8 work schedule will receive one hundred and four (104) hours of holiday leave. An employee’s holiday leave bank shall be reduced by the number of hours taken for each holiday or observed holiday.
2. Employees are required to use holiday leave each time a CITY -authorized holiday or observed holiday falls on a day when the employee would normally be scheduled to work.
3. Holiday leave bank hours may be used only after the holiday or observed holiday has occurred unless the City Manager has granted an exception. 146
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
The Floating Holiday may be used as paid leave at any time during the same fiscal year in which it was credited to the employee’s holiday leave bank. Such time must be scheduled in advance and approved by the Department Head with consideration given to sufficient staff being available to continue the efficient operation of the department.
4. Holidays, excluding the Floating Holiday, occurring during a Leave without Pay are not earned or vested. An employee on leave without pay for the entire fiscal year will not earn the Floating Holiday for that same year.
Unearned holiday hours will be deducted from the employee’s Holiday leave Bank.
5. Any Holiday leave Bank hours that are not used by the last day of the last full pay period in June shall be cashed out on the final payday in June.
F. Employees Required to Work on Holiday: Employees who work on the actual or observed holidays listed in Section 1.08(A) shall not have their holiday bank hours reduced and shall be paid at the rate of time and one- half for all hours actually worked on those holidays if eligible for overtime . Employees who work a partial day, defined as fewer hours than the employee’s normal workday, shall be paid at the rate of time and one- half for all hours actually worked on those holidays if eligible for overtime and shall have their holiday bank reduced by the number of hours necessary to cover the difference in the number of hours of their regular shift if any. Employees who work either an observed or actual holiday shall only be eligible for holiday pay on one (1) such date and shall only receive the holiday leave value for one holiday.
G. Procedure if Holiday Falls on Regular Day Off : If an actual or observed holiday occurs on a day that is the employee's regular day off and the employee is not required to work (on either the actual or observed date), their holiday bank hours shall not be reduced. The employee can use the holiday leave hours at another time.
H. Employees beginning employment during the fiscal year will start with a prorated Holiday Leave Bank. Hours will be credited in accordance with the employee’s authorized work schedule for each City authorized holiday that has not yet occurred.
I. Employees separating employment with the CITY during the fiscal year will receive payment for unused holiday leave only for holidays that have already occurred and been earned, including the Floating Holiday, if the employee has not yet used them. Payroll will audit the holiday leave bank and make adjustments on the final paycheck if necessary.
147
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
SECTION 1.09 SUBSTANCE ABUSE POLICY
It is the responsibility of all affected employees to cooperate to protect lives, personal safety and property of co- workers and fellow citizens. All employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers. Towards this goal, employees will follow the CITY 'S Drug-Free Workplace Policy as described in the Employee Handbook.
SECTION 1.10 WORK SCHEDULES
The Cit y of Murrieta maintains an A lternative Work Schedule Policy that defines the standard workweek, the regular work schedule, and the alternat ive work schedules available to the classifications subject to this Compensation Plan.
SECTION 1.11 ON-CALL PROGRAM
Due to the special requirements of public safety staffing, the CITY will establish an on- call program for the Public Safety Communications Manager. When assigned on-call by the Police Chief, the Public Safety Communications Manager will be compensated an additional 4% of base salary.
SECTION 2.0 COMPENSATION
A. Department Heads and Management employees will be placed in a salary band.
Placement or pay changes within the band are at the discretion of the City Manager.
B. The compensation ranges for all classifications covered by this MPC PLAN shall be as set forth in the City’s Comprehensive Pay Schedule. All classifications covered by the terms and conditions of this MPC PLAN shall receive the following Cost of Living Adjustment (COLA) to their base salary:
a. Effective the first pay period in FY 2025/26, employees shall be granted a COLA in base pay equivalent to the lesser of either four percent (4%) or the percentage change of the 2024 Annual Consumer Price Index for all Urban Consumers (CPI -U) not seasonally adjusted for the Riverside- San Bernardino-Ontario area. If the CPI-U percentage change is negative, then the COLA shall be zero percent (0%).
b. Effective the first pay period in FY 2026/27, employees shall be granted a COLA in base pay equivalent to the lesser of either the percentage change of the 2025 Annual Consumer Price Index for all Urban Consumers (CPI - U) not seasonally adjusted for the Riverside-San Bernardino-Ontario area, or the percentage change, year -over-year between audited fiscal years 2023/24 and 2024/25, in Recurring Revenue of the City’s primary Operating Funds (as defined by the City), but not to exceed four percent (4%) or be less than two percent (2%). If the CPI-U percentage change is 148
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
negative or the change in Recurring Revenue is below zero percent (0%), then the COLA shall still be no lower than two percent (2%).
C. At the discretion of the City Manager, the Fire Chief, Deputy Fire Chief and Fire Marshal may be eligible to perform mutual aid assignments. If and when the Fire Chief, Deputy Fire Chief and/or Fire Marshal are assigned to a mutual aid emergency incident, they will be compensated at their base hourly rate of pay for all hours worked, portal to portal, beginning at the time of dispatch until return to home base. When allowed by the terms of the governing mutual aid agreement, the Fire Chief, Deputy Fire Chief and/or Fire Marshal may be compensated at a rate of time and one-half the base hourly rate of pay for all hours worked, portal to portal, beginning at the time of dispatch until return to home base.
SECTION 2.1 457(b) DEFERRED COMPENSATION MATCH
For those employees participating in a CITY-sponsored deferred compensation program, the CITY shall contribute a matching amount to the employee’s account on a dollar -for- dollar basis up to a maximum amount as follows:
Department Heads Management and
Professional Employees
Confidential Employees
$3,400 per calendar year $3,000 per calendar year $2,000 per calendar year
An employee must have physically worked during the calendar year in order to receive matching contributions from the City for that calendar year.
SECTION 2.2 401(a) RETIREMENT PLAN
The CITY will establish and sponsor a 401(a) Retirement Plan for Department Heads. For those Department Heads enrolled in a CITY-sponsored 457 Deferred Compensation Plan, the CITY shall contribute to a 401(a) account an amount matching the employee’s 457 contribution, not to exceed $3,400. In no event shall the CITY’s match exceed limits established by the Internal Revenue Service.
SECTION 2.3 LONGEVITY PAY
• An employee will receive a 2.0% increase to their base salary at 15 years of continuous service to the City.
• An employee will receive an additional 3.0% increase to their base pay at 20 years of continuous service to the City.
149
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
SECTION 2.4 AUTO ALLOWANCE
Department Heads, with the exception of the Fire Chief and Police Chief shall receive an Auto Allowance of $300.00 per month. The Fire Chief, Deputy Fire Chief, Fire Marshal, Fire Prevention Battalion Chief, and Police Chief will be provided with a vehicle for the purpose of conducting official City business . Department Heads assigned a City vehicle to conduct City business shall not be eligible for the auto allowance.
SECTION 2.5 UNIFORM ALLOWANCE
The following classifications shall be entitled to a Uniform Allowance as specified:
a. The Fire Chief, Deputy Fire Chief, Fire Marshal , Fire Prevention Battalion Chief, and Deputy Fire Marshal shall be entitled to a Uniform Allowance of $1,850 annually to be paid equally across all pay periods in the fiscal year. b. The Police Chief shall be entitled to a Uniform Allowance of $1,850 annually to be paid equally across all pay periods in the fiscal year. c. The Public Safety Communications Manager shall be entitled to a Uniform Allowance of $800 annually to be paid equally across all pay periods in the fiscal year.
d. The Emergency Medical Services Nurse Coordinator shall be entitled to a Uniform Allowance of $600 annually, paid equally across all pay periods in the fiscal year.
SECTION 2.6 SPANISH LANGUAGE PAY
The CITY has established a bi -lingual program that provides an additional two and one- half percent (2.5%) of base pay for eligible employees who are fluent in the Spanish language. The CITY shall determine the number of employees to be eligible and shall be based upon the CITY’s needs. To become qualified, an employee must be certified by the City Manager and/or their designee after the employee passes a verbal conversation examination established by the CITY.
150
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
SECTION 2.7 CELL PHONE ALLOWANCE AND REIMBURSEMENT
Employees who are authorized and required to use a personal cell phone in the course and scope of performing their duties shall receive a cell phone allowance. Employees incurring cell phone expense/cost in excess of the per month allowance may submit receipts for reimbursement for amounts above the per month cell phone allowance. Cell phone allowances shall be as follows:
Department Heads Management, Professional, and
Confidential Employees
$60 per month $40 per month
SECTION 2.8 TEMPORARY ASSIGNMENT PAY
As a result of vacancies, leaves of absence, or other reasons, it may be necessary to temporarily reassign the duties of an authorized position to another employee. When such an assignment requires the employee to assume substantial additional duties which are outside the scope of the employee's regular assignment for a period in excess of fourteen (14) consecutive calendar days, the employee shall be entitled to a salary adjustment to reflect the new duties. The following shall apply in these instances:
A. Approval required. Upon the recommendation of the Department Head and with the approval of the City Manager, an employee may temporarily be assigned to a higher level classification to perform duties, provided that:
1. The higher-level position is vacant and is approved to be filled by the City Manager for new or continued staffing.
2. The employee is called upon to perform a substantial amount of the duties of the higher-level position, and the duties for the higher -level position are outside the scope of the employee's current classification as determined by the City Manager and the Department Head.
3. The vacancy is expected to continue for at least fourteen (14) consecutive calendar days but not longer than one (1) calendar year, and
4. The employee possesses the minimum qualifications to perform the work of the higher-level position.
B. Compensation. The employee in such a temporary assignment shall be entitled to a compensation adjustment of approximately five (5) percent or the "A" step of the compensation range of the higher -level position, whichever is greater, for the duration of the temporary assignment beyond the first fourteen (14) days. Such an assignment shall not extend beyond 180 calendar days without the approval of the City Manager.
151
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
SECTION 2.09 ADDITIONAL DUTIES PAY
Upon the recommendation of the Department Head, the City Manager may approve the temporary assignment of additional duties for training, professional development, succession planning, special projects, operational needs, or other reasons the City Manager deems to be in the best interest of the CITY. The additional duties are not limited to the duties of a higher-level classification and need not correspond to an authorized or funded position.
Employees assigned additional duties under this section shall receive Additional Duties Pay, provided that:
A. The additional duties are outside the scope of the employee's current classification, as determined by the Department Head and the City Manager.
B. The employee continues to perform the regular duties of their classification while performing the additional duties.
C. The additional duties are expected to continue for at least fourteen (14) consecutive calendar days.
D. Additional Duties Pay shall be equal to five percent (5%) of the employee's base compensation and shall be paid for the duration of the temporary assignment beyond the first fourteen (14) consecutive calendar days.
An assignment under this section shall not extend beyond thirteen (13) full pay periods (26 workweeks) without the written approval of the City Manager.
SECTION 2.10 HEALTH INSURANCE BENEFITS
A. Medical Insurance. The CITY shall provide funding for medical and related expenditures as follows: The CITY is a contracting agency for participation in the Public Employees’ Medical and Hospital Care Act (PEMHCA). Government Code §22892 sets the Minimum Employer Contribution (MEC) required for enrollment in PEMHCA. The minimum employer contribution shall be adjusted annually as required by Government Code Section 22892.
The CITY shall fund a Section 125 Cafeteria Plan on behalf of each employee in the following amounts, which includes the MEC:
• Effective January 1, 2026, the monthly health contribution shall be $1,936.28 • Effective January 1, 2027, the monthly health contribution shall be $2,121.53
$933.43 of the monthly Cafeteria Plan health contribution may be utilized only for medical insurance premiums. The remaining amount may be used for other allowable 152
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
Cafeteria Plan expenditures, such as medical premiums, Flexible Spending Account contributions, Dependent Care FSA, or taken as a taxable cash payment (limited to the following provisions).
Taxable Cash Payment (cash-in-lieu of health care):
- Employees hired on or before September 30, 2019, who elected and received cash-in-lieu for Plan Year 2019 (Tier 1) shall be allowed to maintain the benefit in effect at the time (up to $688.28). Should such an employee reduce or eliminate the cash-in-lieu benefit amount in future years, such election will be final (i.e., it cannot be increased or reinstated in the future, though the employee can elect to reduce the benefit further until it is eliminated).
- Any employee hired on or before September 30, 2019, who did not elect cash-in- lieu for Plan Year 2019 shall not be eligible for the cash-in-lieu benefit.
- New employees hired on or after October 1, 2019, shall not be eligible to receive the cash-in-lieu benefit.
- Any Department Head hired on or before October 1, 2019, who did not elect to receive the cash-in-lieu benefit in effect at the time shall be eligible to receive an additional $100 health contribution per month. The additional $100 may only be utilized to pay for medical insurance premiums, increasing the health contribution portion that may only be used for medical insurance premiums from $833.43 to $933.43.
B. Dental and Orthodontic: The CITY agrees to provide a dental and orthodontic benefit plan. The CITY also agrees to pay the monthly premiums for each employee and the employee's dependents.
C. Vision Plan: The CITY agrees to provide a vision plan for all employees and their dependents. The cost of this plan shall be borne by the CITY.
SECTION 2.11 RETIREE MEDICAL
A. Employees hired prior to January 1, 2008 – Eligible retirees who are enrolled in a CalPERS medical plan shall receive the monthly minimum mandated employer contribution to participate in PEMHCA ($133.00 per month for calendar year 2018) and a $700.43 monthly contribution to a Retir ement Health Savings Plan (RHS) .
The RHS is a trust created for government agencies to pay and fund post retirement employee benefits. The total monthly expenditure for pre- January 1, 2008 employees who thereafter retire, shall remain fixed at a maximum $833.43 (consisting of the minimum mandated contribution to participate in PEMHCA, as from time to time exists, and the RHS contribution for the rest of the retiree’s life.
153
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
B. Employees hired on or after January 1, 2008 through July 14, 2014 (10 complete years of CITY service) – Employees hired on and after January 1, 2008 and before July 15, 2014 and who thereafter retire from CITY service with a minimum ten (10) complete years of service with the CITY , and who are enrolled in a CalPERS medical insurance plan shall receive CITY -funded medical insurance for the retiree and eligible dependents, in an amount not to exceed $360.00 per month up to the date of eligibility to receive Medicare. The $360.00 maximum amount is computed by adding the minimum payment mandated from time to ti me by the Act, to a RHS contribution, which shall when totaled, equal $360.00 per month. Upon employee eligibility for Medicare, the CITY contribution to medical insurance shall be in the minimum mandated amount for employer contributions to participate in PEMHCA.
C. Employees hired on or after January 1, 2008 through July 14, 2014 (less than 10 complete years of CITY service) - For those employees hired on or after January 1, 2008 who then retiree from CITY service with less than ten (10) full years of CITY service and who are enrolled in a CalPERS medical insurance plan, the CITY medical insurance contribution shall be equivalent to the minimum mandated employer contribution to participate in PEMHCA.
D. Employees hired on or after July 15, 2014 who retire from City service and are enrolled in a CalPERS medical insurance plan, are eligible to receive only the PEMHCA minimum mandated contribution required to participate in PEMHCA.
SECTION 2.12 LIFE INSURANCE:
The CITY agrees to provide a life insurance policy in the amount of $50,000 for Confidential employees. The policy for Management, Professional, and Department Heads shall be equal to one year of base salary , not to exceed $300,000 . The policy amount for the CITY Manager shall be as provided for in the employment contract. The CITY shall select the insurance company. The CITY shall pay all monthly premiums.
When available through the CITY , employees may purchase additional life insurance at their own cost.
SECTION 2.13 LONG TERM DISABILITY:
The CITY agrees to provide long term disability insurance. The CITY shall pay the full monthly premium for this insurance.
SECTION 2.14 SHORT TERM DISABILITY:
The CITY agrees to provide short -term disability insurance. The CITY shall pay the full premium for this insurance.
154
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
SECTION 2.15 PUBLIC EMPLOYEES RETIREMENT SYSTEM:
A. Employees hired prior to December 30, 2012: Effective July 1, 2007, the CITY amended its CalPERS retirement contract to provide Section 21354.2 (2.7% at Age 55 Retirement Benefit Formula, One- Year Final Compensation) for employees. The CITY shall pay the full employer cost for this benefit. The employee rate will be eight percent (8%). Effective September 9, 2012, employees will pay the entire eight percent (8%) of the employee portion of the CalPERS retirement contribution.
B. Employees hired on or after December 30, 2012: Effective December 30, 2012, the CITY amended its CalPERS retirement contract in accordance with Section 21353 of the Public Employees’ Retirement Law, to provide a 2% at age 60 (Three- Year Final Compensation) retirement benefit for mula for employees hired on or after December 30, 2012. Effective January 1, 2013, this benefit only applies to employees hired who are by CalPERS defini tion a “Cla ssic member”. The term Classic member is an individual who entered into membership with CalPERS or reciprocal retirement system on or before December 3l, 2012, and who do not meet the definition of a “New member” in Government Code (GC) Section 7522.04(f).
Employees who receive this retirement benefit formula will pay the entire seven percent (7%) of the employee portion of the CalPERS retirement contribution.
C. Effective January 1, 2013, under the Public Employee’s Pension Reform Act of 2013 (PEPRA) the CITY will provide a 2% at age 62 (Three -Year Final Compensation) retirement benefit formula for employees hired as a “New Member” on or after January 1, 2013. CalPERS definition of a New Member means any of the following: 1. An individual who becomes a member of CalPERS for the first time on or after January 1, 2013. 2. An individual who is not subject to reciprocity (under GC 7522.02(c)). 3. An individual who was an active member of CalPERS or reciprocal retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer. A New member will pay 50% of the normal cost r ate for their defined benefit plan which was six and one-half percent (6.5%) as of January 1, 2013.
D. The Police Chief’s retirement benefit formulas will be consistent with the Police Management MOU. The Fire Chief’s retirement benefit formulas will be consistent with the Fire Management MOU.
E. PERS 1959 Survivor Benefit: Effective November 7, 2004, the CITY provided the PERS Fourth Level 1959 Survivor Benefit to employees. The CITY pays the employer's administrative costs for said benefit, and the employee shall pay his or her share of the monthly cost for said program.
F. Military Service Credit: The CITY amended its contract with the California Public Employees Retirement System on November 7, 2004, to provide Military Service 155
AMENDED & RESTATED MANAGEMENT, PROFESSIONAL, AND CONFIDENTIAL EMPLOYEES’ COMPENSATION & BENEFITS PLAN Updated September 15, 2026
Credit as Public Service (PERS §21024). Under this amendment, employees must pay the costs of purchasing their service credit.
SECTION 2.16 TUITION REIMBURSEMENT PROGRAM
After twelve (12) months of full -time employment with the CITY, regular full -time employees shall be eligible to receive financial assistance for approved courses completed at an accredited educational institution. Reimbursement will be made provided pre-approval is obtained; courses are satisfactorily completed; appropriate proof of successful completion is submitted to Human Resources; courses of instruction will enable the employee to perform their present duties more effectively or will prepare them for future opportunities into which they could reasonably expect promotion or transfer to at the CITY; the hours of instruction for the course do not conflict with the employee’s regularly scheduled work day; and reimbursement is limited to a maximum of two courses per semester or quarter.
When the above conditions are met, tuition reimbursement may be used to complete a college degree or a certificate/professional accreditation program.
The maximum reimbursement amount shall be $3,500 per employee per fiscal year with a $14,000 lifetime cap.
Repayment of Tuition Reimbursement:
Employees must pay back a pro- rated amount of the tuition reimbursement received if the employee voluntarily separates from employment with the City within three (3) years of receiving such reimbursement. The repayment amount shall equal the remaining pro- rated portion of the compensation received. For example, an employee would be required to pay back half (1/2) of the compensation received if the employee voluntarily separates 18 months after receiving tuition reimbursement. The repayment may be deducted from the employee's final check or leave cash-out, subject to a written agreement between the City and the employee.
SECTION 2.17 OTHER ITEMS
Items not specifically addressed in the MPC PLAN shall continue to be addressed in Personnel Resolution No. 91-64, the Employee Relations Resolution No. 93- 214, or the City Manager’s employment contract. In the case of at -will employees with employment contracts, specific provisions in those contracts will supersede language in this document.
Additionally, if there are any areas of conflict between the MPC PLAN and the City Manager’s contract, the City Manager’s contract provisions will prevail.
156
CITY OF MURRIETA
City Council Meeting Agenda
Report
9/15/2026
Agenda Item No. 6.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Justin Clifton, City Manager
PREPARED BY: Diego Chavez, Administrative Services Director SUBJECT:
First Amendment to Murrieta Supervisors’ Association Memorandum of Understanding 2024-27, Increasing the Monthly Health Contribution Amount and Updating the List of MSA-Represented Classifications
ABSTRACT
The City Council is being asked to consider approving a First Amendment to the Memorandum of Understanding (MOU) with the Murrieta Supervisors’Association (MSA or Association). The amendment would increase the City’smonthly health contribution by $185.25, from $1,936.28 to $2,121.53, effective January 1, 2027. It would also update the list of MSA-represented classifications to reflect current approved classifications.
RECOMMENDATION
Adopt Resolution No. 26-4971 entitled: A Resolution of the City Council of the City of Murrieta, California, Accepting, Approving, and Adopting the First Amendment to the Memorandum of Understanding between the City of Murrieta and the Murrieta Supervisors’ Association for the period July 1, 2024, through June 30, 2027.
PRIOR ACTION/VOTE
On October 7, 2025, the City Council adopted Resolution No. 25-4889, approving, adopting, and implementing a successor MOU between the City of Murrieta and the Murrieta Supervisors’Association (MSA) for the period July 1, 2024, through June 30, 2027 (Vote: 5-0).
STRATEGIC ALIGNMENT
This item aligns with the City Council goal of: maintaining a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency relating to an administrative priority.
DISCUSSION
The current MOU between the City of Murrieta (City) and the MSA, adopted by City Council Resolution No. 25 CITY OF MURRIETA Printed on 9/10/2026Page 1 of 2
powered by Legistar™
157
9/15/2026
Agenda Item No. 6.
-4889, covers the period July 1, 2024, through June 30, 2027 (MSA MOU 2024-27).
MSA MOU 2024-27 contains the following provision in pertinent part:
ARTICLE 2.16 INSURANCE AND RETIREMENT BENEFITS
….
The parties agree to reopen this MOU when the new 2026 and 2027 health premium rates are published to discuss increases in City contribution for January 1, 2026, and January 1, 2027.
The City contracts with the California Public Employees’ Retirement System (CalPERS) to provide health benefits to employees, and CalPERS announced the 2027 health premiums on July 14, 2026. The City’sand MSA’slabor representatives met on August 25, 2026, to discuss the health contribution reopener in Article
2.16. The parties subsequently met again on September 3, 2026, to continue in good faith discussions regarding the monthly Section 125 Cafeteria Plan contribution amount for calendar year 2027. Thereafter, the parties reached a tentative agreement that requires City Council approval due to the additional City-funded health contribution provided to each employee. Effective January 1, 2027, the total monthly Section 125 Cafeteria Plan contribution shall increase by $185.25, from $1,936.28 to $2,121.53.
The City’sand MSA’slabor relations representatives also agreed to update the MSA MOU 2024-27 Exhibit A, which is a List of MSA-Represented Classifications, to align with approved classifications and to make the list current.
The City’sand MSA’slabor relations representatives desire to memorialize their tentative agreement by means of a First Amendment to the MSA MOU 2024-27 (Attachment 1) that addresses the increase to the monthly Section 125 Cafeteria Plan contribution and the updated List of MSA-Represented Classifications.
PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item).
CEQA AND REGULATORY OVERVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly.
FISCAL IMPACT
The fiscal impact of approving the proposed First Amendment to MSA MOU 2024-27 for FY 2026/27 is $95,589. The FY 2026/27 monthly health contribution costs will be incorporated into the Operating Budget during an upcoming Budget Update.
ATTACHMENTS
ATT 1 - Resolution No. 26-4971
CITY OF MURRIETA Printed on 9/10/2026Page 2 of 2
powered by Legistar™
158
RESOLUTION NO. 26-4971
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MURRIETA, CA LIFORNIA, ACCEPTING, APPROVING, AND
ADOPTING THE FIRST AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MURRIETA AND THE
MURRIETA SUPERVISORS’ ASSOCIATION FOR THE PERIOD JULY
1, 2024, THROUGH JUNE 30, 2027
WHEREAS, the City of Murrieta (City) and the Murrieta Supervisors’ Association (MSA) entered into a Memorandum of Understanding (MOU) , adopted by City Council Resolution No. 25-4889, covering the period July 1, 2024, through June 30, 2027 (MSA MOU 2024-27); and
WHEREAS, the MSA MOU 2024 -27 contains a provision in Article 2. 16 to reopen the MOU when the 2027 health premium rates are published to discuss increases to the monthly Section 125 Cafeteria Plan contribution for January 1, 2027; and
WHEREAS, the City contracts with the California Public Employees’ Retirement System (CalPERS) to provide health benefits to employees, and C alPERS published the 2027 health premiums on July 14, 2026; and
WHEREAS, the City and MSA met and conferred in good faith and reached a Tentative Agreement on a fair and equitable increase to the monthly Section 125 Cafeteria Plan contribution, effective January 1, 2027 (“Tentative Agreement”) , pursuant to the Meyers -Milias-Brown Act (“MMBA”) (Government Code sections 3500-3511) and the City’s Employer-Employee Relations Resolution No. 93-214; and
WHEREAS, the City and MSA further agreed to update the MSA MOU 2024 -27 List of MSA-Represented Classifications to make the list current; and
WHEREAS, the City and MSA desire to memorialize their tentative agreement through the means of a First Amendment to the M SA MOU 2024-27 that increases the monthly Section 125 Cafeteria Plan contribution and updates the List of MSA-Represented Classifications; and
WHEREAS, the City and MSA’s labor relations representatives have prepared the attached First Amendment to the MSA MOU 2024-27, which includes the new Section 125 Cafeteria Plan contribution for calendar year 2027 in Article 2. 16 Insurance and Retirement Benefits, and a revised List of MSA-Represented Classifications, both as shown in the document attached hereto as Exhibit A; and
WHEREAS, the City Council now desires to amend the current MSA MOU 2024-27 by accepting, approving, and adopting the attached First Amendment to the MSA MOU 2024-27 to reflect the aforementioned changes and leaving all other provisions of the MSA MOU 2024-27 in full force and effect.
159
Resolution No. 26-4971
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the First Amendment to the MSA MOU 2024-27, attached hereto as Exhibit A is adopted and shall be effective on September 15, 2026, with the new Section 125 Cafeteria Plan contribution becoming effective on January 1, 2027.
PASSED AND ADOPTED this 15th day of September 2026.
Jon Levell, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany Israel, City Attorney
160
Resolution No. 26-4971
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. 26-4971 was duly adopted by the City Council of the C ity of Murrieta at the regular meeting thereof, held on the 15th day of September 2026, and was signed by the Mayor of said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Cristal McDonald, City Clerk
161
EXHIBIT A
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF MURRIETA AND
THE MURRIETA SUPERVISORS’ ASSOCIATION
FIRST AMENDMENT
JULY 1, 2024, TO JUNE 30, 2027
162
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF MURRIETA AND THE MURRIETA SUPERVISORS’ ASSOCIATION EFFECTIVE JULY 1, 2024, THROUGH JUNE 30, 2027
This First Amendment to the Memorandum of Understanding between the City of Murrieta (“City”) and the Murrieta Supervisors’ Association (“MSA”), effective July 1, 2024, through June 30, 2027 (“MSA MOU 2024-27”), is made and entered into by and between the City and the MSA (“First Amendment”).
R E C I T A L S:
WHEREAS, on October 7, 2025, the City Council of the City of Murrieta approved the MSA MOU 2024-27 with the adoption of Resolution No. 25-4889; WHEREAS, the City and M SA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers -Milias-Brown Act (MMBA), Gov’t Code Sections 3500-3511, regarding a modification to the M SA MOU 2022-24 to address the reopener in Article 2.16 and update Exhibit A, List of MSA-Represented Classifications; WHEREAS, the City and MSA now desire to amend the MSA MOU 2024-27 to increase the Section 125 Cafeteria Plan contribution, provided in Article 2.16, and update the List of MSA- Represented Classifications.
NOW, THEREFORE, it is hereby agreed that the MSA MOU 202 4-27 is amended by deleting (strikethrough language), and adding the following new language (bolded language) to ARTICLE 2.16 paragraph A, and Exhibit A, and made effective as indicated.
163
ARTICLE 2.16 INSURANCE AND RETIREMENT BENEFITS
The CITY contracts with the California Public Employees’ Retirement System (“CalPERS”) to participate in the Public Employees Medical and Hospital Care Act (“PEMHCA”). Government Code § 22892 requires monthly minimum employer contributions (“MEC”) for health premiums to allow enrollment in PEMHCA.
The MEC is statutorily adjusted and set by CalPERS each calendar year. (The monthly MEC per employee is $149 for 2022, $151 for 2023, and 2024, $158 for 2025, $162 for 2026, and $167 for 2027.
A. MEDICAL INSURANCE
The CITY shall fund a Section 125 Cafeteria Plan on behalf of each employee in the following contribution amounts, which include the MEC:
• Effective January 1, 2024, the total monthly contribution shall be $1,747.83 per month. • Effective January 1, 2025, the total monthly contribution shall be $1,891.28 per month. • The parties agree to reopen this MOU when the new 2026 and 2027 health premium rates are published to discuss increases in City contribution for January 1, 2026, and January 1, 2027.
• Effective January 1, 2026, the total monthly contribution shall be $1,936.28 per month. • Effective January 1, 2027, the total monthly contribution shall be $2,121.53 per month.
The employee will pay any additional cost based on their chosen plan coverage.
Up to $833.43 of the monthly Cafeteria Plan health contribution may be utilized only for medical insurance premiums. The remaining amount may be used for other allowable Cafeteria Plan expenditures, such as medical premiums, Flexible Spending Account contributions, Dependent Care FSA, or taken as a taxable cash payment (limited to the following provisions).
Taxable Cash Payment (cash-in-lieu of health care):
1. Employees hired on or before September 30, 2019, who elected and received cash- in- lieu for Plan Year 2019 (Tier 1) shall be allowed to maintain the benefit in effect at the time (up to $688.28). Should such an employee reduce or eliminate the cash- in-lieu benefit amount in future years, such election will be final (i.e., it cannot be increased or reinstated in the future, though the employee can elect to reduce the benefit further until it is eliminated).
164
2. Any employee hired on or before September 30, 2019, who did not elect cash- in-lieu for Plan Year 2019 shall not be eligible for the cash- in-lieu benefit.
3. New employees hired on or after October 1, 2019, shall not be eligible to receive the cash- in-lieu benefit.
4. Employees who take the Taxable Cash Payment are required to review and execute the CITY’s Medical Insurance Opt-Out and Eligible Opt Out Arrangement Attestation form that certifies that they have been offered health insurance coverage by the CITY and knowingly and voluntarily opt out of same based upon qualifying alternate coverage and also understand the taxable consequences of receiving the cash- in-lieu payment.
165
EXHIBIT A
List of MSA-Represented Classifications
Associate Civil Engineer
Associate Planner
Building Inspections Supervisor
CAD/RMS Administrator
Circulation Supervisor
Library Services Supervisor
Civil Engineering Associate
Code Enforcement Supervisor
Community Services Manager
Engineering Manager
Geographic Information Services Administrator
Geographic Information Systems (GIS) Analyst
Information Technology Program Administrator
Network Systems Engineer
Information Technology Analyst
Maintenance Manager
Maintenance Supervisor
Parks Maintenance Superintendent
Plan Review Supervisor
Police Records Supervisor
Public Safety Dispatch Supervisor
Public Works Inspection Supervisor
Public Works Inspection Superintendent
Principal Librarian
Recreation Supervisor
Senior Civil Engineer
Senior Planner
Senior Recreation Supervisor
Supervising Librarian
Traffic Engineer
166
The representatives of the City and of the MSA have jointly prepared this First Amendment to the MSA MOU 2024 -27, and jointly present it to the City Council of the City of Murrieta for determination pursuant to Government Code section 3505.1. Except as expressly provided for in this First Amendment to the MSA MOU 2024-27, all other provisions of the MSA MOU 2024-27 shall remain in full force and effect. The parties also ac knowledge that this First Amendment to the MSA MOU 2024-27 shall not be in full force and effect until adopted by resolution by the City Council of the City of Murrieta. Subject to the foregoing and in witness whereof, this First Amendment is hereby executed by the authorized representatives of the City and the MGEA and entered into as of this 15th of September 2026.
IT IS SO AGREED:
CITY OF MURRIETA MURRIETA SUPERVISORS’ ASSOCIATION
By: _____________________________ By: ______________________________ Justin Clifton Mike Amado
City Manager President
By: ___________________________
Kayti Mathewson
Treasurer
Attest:
By: ___________________________
Cristal McDonald
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER LLP
By: ___________________________
Tiffany Israel
City Attorney
167
CITY OF MURRIETA
City Council Meeting Agenda
Report
9/15/2026
Agenda Item No. 7.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Crawford, Municipal Services Director
PREPARED BY: Garrett Strang, Capital Projects Program Manager SUBJECT:
Engineering Design Services for the Murrieta Police Department Parking Lot Expansion Project, CIP No. 21042, MSD Project No. 26-005
ABSTRACT
Staff is advancing the Murrieta Police Department (PD) Parking Lot Expansion Project, CIP No. 21042. This report seeks City Council approval to issue a Purchase Order to Michael Baker International (MBI) for engineering design services in support of developing project construction documents.
RECOMMENDATION
Approve a Purchase Order for engineering design services for the Murrieta Police Department Parking Lot Expansion Project, CIP No. 21042, MSD Project No. 26-005, to Michael Baker International in the amount of $364,310;
Authorize a 10% engineering design services contingency of $36,431; and Authorize the Director of Municipal Services, or his designee, to approve change orders for engineering design services not to exceed 10% of the original Purchase Order amount.
PRIOR ACTION/VOTE
On June 20, 2023, City Council authorized and executed an on-call agreement with MBI to provide civil design services for various Capital Improvement Projects (Vote 4-0-1).
On July 7, 2026, the City Council approved Resolution No. 26-4962, approving the Capital Improvement Plan Budget for Fiscal Year 2026/27, and the Fiscal Year 2026/27 to 2030/31 Capital Improvement Plan, which included the PD Parking Lot Expansion Project, CIP No. 21042. (Vote: 4-0-1).
STRATEGIC ALIGNMENT
This item aligns with the City Council goal to provide a high level of innovative public safety. This project is also a Tier 1 City Council priority and is included in the Fiscal Years 2026/2027-2030/2031 Capital CITY OF MURRIETA Printed on 9/10/2026Page 1 of 3
powered by Legistar™
168
9/15/2026
Agenda Item No. 7.
Improvement Plan adopted by the City Council.
DISCUSSION
The Murrieta Police Department (PD) Parking Lot Expansion Project, CIP No. 21042, consists of the development and expansion of the existing enclosed PD parking lot to optimize use of the available space and increase the total number of parking stalls in response to the PD’s current capacity constraints and infrastructure needs. The general items of work include but are not limited to the expansion of the existing parking lot, modifications to the existing secure facility boundary walls, ADA modifications, EV charging stations, parking lot lighting, revisions to existing covered parking canopies and solar panels, new covered parking canopies in expanded parking lot area, new covered parking area for the PD Mobile Command Center, addressing onsite water quality and hydromodifications, civil engineering improvements, miscellaneous electrical modifications, addressing environmental and regulatory project constraints, and other ancillary and/or incidental work.
Michael Baker International (MBI) provided the City with a proposal for engineering design services necessary to prepare a complete, construction-ready package of plans, specifications, and estimates (PS&E) to bid the project, in addition to providing other miscellaneous services related to permitting, planning, environmental compliance, and construction administration. MBI is one of the City’s on-call consultants and will perform services within the terms of their existing on-call agreement. The scope of work outlined in MBI’sproposal includes the following:
1. Project Management and Administration
2. Project Research and Investigation
3. Topographical Survey and Control
4. Geotechnical Investigation
5. Project Conceptual Layout
6. Environmental, Planning, and Entitlement
7. Stormwater Reports and Water Quality
I. Water Quality Management Plan (WQMP)
II. Drainage Study
8. Construction Documents (PS&E)
I. Civil Engineering
II. Structural Engineering
III. Electrical Engineering
9. Bid Support and Construction Administration
A Request for Proposals was sent to the City’scurrent list of on-call civil design consultants in May 2026. Upon review of the proposals received, staff elected to move forward with awarding the project to MBI. After several discussions and proposal revisions, a final fine-tuned scope and fee was submitted in the amount not to exceed $364,310. Staff has determined that the proposed fee is in line with other projects of similar scope and recommends that a purchase order be approved and awarded to MBI for professional engineering design services associated with the PD Parking Lot Expansion Project.
Design is expected to be completed by October 2027, with construction occurring in the first quarter of 2028.
PUBLIC NOTICING
The agenda item has been noticed according to the Brown Act 72 hours in advance ofthe meeting at which the City Council considers the item.
CITY OF MURRIETA Printed on 9/10/2026Page 2 of 3
powered by Legistar™
169
9/15/2026
Agenda Item No. 7.
CEQA AND REGULATORY OVERVIEW
The current action of awarding a consultant Purchase Order is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly. CEQA determination or exemption status for the construction of the improvements project will be assessed and determined at a later date, and at that time will be presented to City Council for consideration.
FISCAL IMPACT
Funding in the amount of $364,310, plus a 10%) contingency of $36,431, for a total amount of $400,741, is available in CIP No. 21042.
ATTACHMENTS
ATT 1 - On-Call Agreement with Michael Baker International ATT 2 - Proposal/Scope of Services from Michael Baker International ATT 3 - Vicinity Map
CITY OF MURRIETA Printed on 9/10/2026Page 3 of 3
powered by Legistar™
170
AGREEMENT BETWEEN THE CITY OF MURRIETA
AND
MICHAEL BAKER INTERNATIONAL
This Agreement (“Agreement”), made this 20th day of June, 2023, by and between the CITY OF MURRIETA, a Municipal Corporation, duly organized and existing under and by virtue of the laws of the State of California ("CITY"), and MICHAEL BAKER INTERNATIONAL, a California Corporation ("CONSULTANT") with reference to the following facts, which are acknowledged by each party as true and correct:
RECITALS
A. CITY is a general law city, formed and existing pursuant to the provisions of the California Government Code.
B. CITY is authorized to enter into consultant agreements under the provisions of California Government Code section 53060.
C. CITY desires or is in need of Civil Engineering services.
D. CONSULTANT has special knowledge, experience and facilities for accomplishing the above design or engineering services.
E. CITY now desires to retain CONSULTANT to accomplish the above design or engineering services, and CONSULTANT is willing to be so retained pursuant to the terms and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
OPERATIVE PROVISIONS
1. RESPONSIBILITIES OF CONSULTANT
1.1 CONSULTANT shall undertake to carry on the scope of services as listed in the attached Scope of Services (refer to Exhibit “A”), which is attached to and made a part of this Agreement. To the extent the provisions of Exhibit “A” are ambiguous in relation to the provisions of this Agreement, inconsistent with the provisions of this Agreement, or expand upon the provisions of this Agreement, the provisions of this Agreement shall take precedence and the provisions of Exhibit “A” shall not apply. These duties may be adjusted from time to time as agreed upon in writing by CONSULTANT and CITY. Any additional services authorized by CITY shall be subject to all terms and conditions of this Agreement, except as modified in writing in accordance with Section 24.
1.2 CONSULTANT acknowledges that no level of work is guaranteed. Assignments will be determined on an as-needed basis for which purchase orders will be issued based on services required and CONSULTANT’s fee schedule (refer to Exhibit “B”), which is attached to and made a part of this Agreement.
171
1.3 Representations. CONSULTANT will perform the services set out in this Agreement, as contemplated herein, in an efficient, timely, and professional manner, and in accordance with generally accepted standards for performing similar services. It is understood that CITY, in entering into this Agreement, is relying on CONSULTANT’s representations for quality and professional work performed in a timely manner, and CONSULTANT shall perform in accordance with those representations and standards.
1.4 Monthly Written Reports. The Project Manager of CONSULTANT shall prepare and submit to the Assistant City Manager a monthly written report specifying the activities of CONSULTANT pursuant to this Agreement. CONSULTANT shall prepare the monthly written report in a format acceptable to the CITY. CONSULTANT shall submit the monthly written report to the CITY by the second Friday of each month.
2. ADMINISTRATION OF AGREEMENT
2.1 CITY appoints its City Manager, or his/her designee, to administer CITY’s rights under this Agreement, and to review the work performed by CONSULTANT pursuant to the scope of services.
2.2 CONSULTANT shall keep the City Manager, CITY’s representative, or his/her designee or designees, fully informed as to the progress of the work and shall submit to CITY such oral and written reports as CITY may specify.
2.3 This Agreement shall be administered on behalf of the parties hereto, and any notice desired or required to be sent to a party hereunder shall be addressed, as follows:
For CITY: Jeffrey J. Hitch, Principal Civil Engineer
Address: City of Murrieta
One Town Square
Murrieta, CA 92562
Phone: (951) 461-6065
Facsimile: (951) 461-6049
For CONSULTANT: John Tanner
Vice President
CONSULTANT: Michael Baker Interational
Address: 40810 County Center Drive, Suite 200
Temecula, CA 92591
Phone: (951) 506-3530
Facsimile: N/A
3. TERM
3.1 The services called for under this Agreement shall be provided by CONSULTANT during the period commencing upon execution of this Agreement and shall continue through June 30, 2026. This Agreement may renew for up to three (3) additional one (1) year terms based on satisfactory performance of the services called for in the Agreement, at the discretion of the City Manager at least thirty (30) days written notice prior to the expiration of the initial term or any subsequent annual renewal.
172
3.2 Time is of the essence for this Agreement and each provision of this Agreement, unless otherwise specified in this Agreement.
4. PAYMENT TO CONSULTANT
4.1 Consideration. In consideration of the services to be performed by CONSULTANT for the CITY as set forth in Section 1, the CITY agrees to pay CONSULTANT for hours worked at the hourly rates specified in the CONSULTANT’S rate and fee schedule in Exhibit “B”. The specified hourly rates include direct salary costs, employee benefits, overhead, and fee.
The CITY also agrees to pay CONSULTANT for incurred direct costs other than salary costs, and other costs that are identified in Exhibit “A”. The total amount payable by the CITY shall not exceed the amount designated on individual purchase orders issued pursuant to this Agreement.
Each purchase order will require a scope of services, expected results, project deliverables, period of performance, and project schedule. CONSULTANT shall accept such sums as full compensation for the services listed on each individual purchase order. The rates on Exhibit “B” may be adjusted at the beginning of each fiscal year up to the amount of change in the Consumer Price Index, not to exceed five percent (5%).
4.2 Additional Services. If CITY desires any additional services (“Additional Services”), CONSULTANT may, upon written request by the CITY, furnish a proposal including an itemized statement of the estimated cost of the Additional Services thereof, and the CITY may modify or alter the proposal, or may reject the proposal in its entirety, at its sole discretion, or may direct the submission of a new proposal which may be accepted, altered or rejected. Upon the written approval of any Additional Services including costs by CONSULTANT and CITY, CONSULTANT shall perform the Additional Services and CITY will pay to CONSULTANT the cost of the Additional Services as agreed in writing. All money due for Additional Services shall be supported by a detailed statement of CONSULTANT showing the basis of said claims, and certified by proper officers of CONSULTANT.
4.3 Payments. CONSULTANT shall submit monthly invoices to the CITY for CONSULTANT’s services rendered, in accordance with the schedule of tasks and charges attached as Exhibit “B”, not to exceed the amount of the City issued purchase order. Payment of CONSULTANT’s fee shall be made in accordance with CITY’s normal schedule for issuance of checks. CONSULTANT agrees and acknowledges that it is CONSULTANT’s sole responsibility to report as income all compensation received from CITY, and to make the requisite tax filings and payments to the appropriate federal, state and local tax authorities.
5. STATUS OF CONSULTANT
5.1 Independent Contractor. It is understood and agreed that CITY is interested only in the results obtained from service hereunder and that CONSULTANT shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. CONSULTANT shall complete this Agreement according to its own methods of work which shall be in the exclusive charge and control of CONSULTANT and which shall not be subject to control or supervision by the CITY, except as to the results of the work. CONSULTANT is, for all purposes arising out of this Agreement, an independent contractor, and neither CONSULTANT, nor its employees, agents, or representatives shall be deemed an employee of the CITY for any purpose.
5.2 Employee Benefits. CONSULTANT shall be responsible for all salaries, payments, insurance and benefits for all of its officers, agents, representatives and employees in performing 173
services pursuant to this Agreement. It is expressly understood and agreed that CONSULTANT and its employees, agents, and representatives shall in no event be entitled to any CITY benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, insurance, vacation, worker's compensation, sick or injury leave, or other benefits.
5.3 Workers' Compensation Insurance. CONSULTANT agrees to procure and maintain in full force and effect Workers' Compensation Insurance covering its employees and agents while these persons are participating in the activities hereunder, as provided in Section
6.1.2 of this Agreement.
5.4 Prevailing Wages. Pursuant to provisions of section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement, from the Director of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies may be obtained at cost at the City Clerk's office. CONSULTANT shall post a copy of such rates at their office and shall pay the adopted prevailing wage rates as a minimum. If applicable, CONSULTANT shall comply with the provisions of sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code and any other applicable laws.
Pursuant to the provisions of section 1775 of the Labor Code, CONSULTANT shall forfeit to CITY, as a penalty, the sum of fifty dollars ($50.00) for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any sub-consultant under him, in violation of the provisions of this Agreement.
6. INSURANCE
CONSULTANT shall not begin the services under this Agreement until it has: (a) obtained, and upon the CITY's request, provided to the CITY, insurance certificates reflecting evidence of all insurance required in this Section 6; however, CITY reserves the right to request, and CONSULTANT shall submit, copies of any policy upon reasonable request by CITY; (b) obtained CITY approval of each company or companies as required by Section 6; and (c) confirmed that all policies contain the specific provisions required in Section 6.
6.1 Types of Insurance. At all times during the term of this Agreement, CONSULTANT shall maintain insurance coverage as follows:
6.1.1 Commercial General Liability. Commercial General Liability (CGL) Insurance written on an occurrence basis to protect CONSULTANT and CITY against liability or claims of liability which may arise out of this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence and subject to an annual aggregate of One Million Dollars ($1,000,000). There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability.
6.1.2 Workers' Compensation. For all of CONSULTANT’s employees who are subject to this Agreement and to the extent required by applicable state or federal law, CONSULTANT shall keep in full force and effect a Workers' Compensation policy. That policy shall provide employers' liability coverage as required by applicable state and/or federal Workers’ Compensation laws, and CONSULTANT shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected 174
officials, officers, employees, agents and representatives. In the event a claim under the provisions of the California Workers' Compensation Act is filed against CITY by a bona fide employee of CONSULTANT participating under this Agreement, CONSULTANT agrees to defend and indemnify the CITY from such claim.
6.1.3 Professional Liability. For all of CONSULTANT’s employees who are subject to this Agreement, CONSULTANT shall keep in full force and effect Professional Liability coverage for professional liability with a limit of One Million Dollars ($1,000,000) per claim and One Million Dollars ($1,000,000) annual aggregate. CONSULTANT shall ensure both that: (1) the policy retroactive date is on or before the date of commencement of services under this Agreement; and (2) the policy will be maintained in force for a period of four years after termination of this Agreement or substantial completion of services under this Agreement, whichever occurs last. CONSULTANT agrees that for the time period defined above, there will be no changes or endorsements to the policy that increase the CITY's exposure to loss.
6.1.4 Automobile Liability. Limits shall be no less than $1,000,000 per accident, combined single limit. If CONSULTANT owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above.
If CONSULTANT or CONSULTANT’s employees will use personal autos in any way on this project, CONSULTANT shall obtain evidence of personal auto liability coverage for each such person.
6.2 Insurer Requirements. All insurance required by express provision of this Agreement shall be carried only by responsible insurance companies that are rated “A-” and “V” or better by the A.M. Best Key Rating Guide, and are licensed to do business in the State of California. CITY will accept insurance provided by non-admitted “surplus lines” carriers only if the carrier is authorized to do business in the State of California.
6.3 Deductibles. All deductibles on any policy shall be the responsibility of CONSULTANT and shall be disclosed to CITY at the time the evidence of insurance is provided.
6.4 Specific Provisions Required. Each policy required under this Section 6 shall expressly provide, and an endorsement shall be submitted to CITY, that: (a) the policies are primary and non-contributory to any insurance that may be carried by CITY; and (b) CITY is entitled to thirty (30) days’ prior written notice (10 days for cancellation due to non-payment of premium) of cancellation, material reduction, or non-renewal of the policy or policies. Additionally, the CGL policy shall expressly provide, and an endorsement shall be submitted to CITY, that the City of Murrieta and its respective officers and employees are additional insureds under the policy.
6.5 Indemnity Not Limited by Insurance. CONSULTANT’s liabilities, including, but not limited to, CONSULTANT’s indemnity and defense obligations under this Agreement, shall not be deemed limited in any way to the insurance coverage required herein. Maintenance of specified insurance coverage is a material element of this Agreement, and CONSULTANT’s failure to maintain or renew coverage or to provide evidence of renewal during the term of this Agreement may be treated as a material breach of contract by CITY. 175
7. AUDIT AND INSPECTION OF RECORDS
At any time during CONSULTANT’s normal business hours and as often as CITY may deem necessary, and upon reasonable notice, CONSULTANT shall make available to CITY, or any of its duly authorized representatives, for examination, audit, excerpt, copying or transcribing, all data, records, investigation reports and all other materials respecting matters covered by this Agreement. CONSULTANT will permit CITY to audit and to make audits of all invoices, materials, payrolls, records of personnel and other data related to all matters covered by this Agreement.
All material referenced in this Section, including all pertinent cost accounting, financial records, and proprietary data, must be kept and maintained by CONSULTANT for a period of at least four (4) years, or for the period required by law, whichever is greater, after completion of CONSULTANT’s performance hereunder, unless CITY’s written permission is given to dispose of same prior to that time.
8. CONFIDENTIALITY AND USE OF INFORMATION
8.1 Except as otherwise provided by law, all reports, communications, documents and information obtained or prepared by CONSULTANT respecting matters covered by this Agreement shall not be published without prior written consent of City Manager or his designees, nor shall CONSULTANT issue any news releases or publish information relating to its services hereunder without the prior written consent of the City Manager. CONSULTANT shall hold in trust for the CITY, and shall not disclose to any person, any confidential information. Confidential information is information which is related to the CITY's research, development, trade secrets and business affairs, but does not include information which is generally known or easily ascertainable by nonparties through available public documentation.
8.2 CONSULTANT shall advise CITY of any and all materials used, or recommended for use, by CONSULTANT to achieve the project goals that are subject to any copyright restrictions or requirements. In the event CONSULTANT shall fail to so advise CITY and, as a result of the use of any programs or materials developed by CONSULTANT under this Agreement, CITY should be found in violation of any copyright restrictions or requirements, CONSULTANT agrees to indemnify and hold harmless CITY against any action or claim brought by the copyright holder.
8.3 Ownership of Records. All records created by the CONSULTANT shall become the property of the CITY and shall be subject to state law and CITY policies governing privacy and access to files. The CITY shall have access to and the right to examine all books, documents, papers and records of the CONSULTANT involving transactions and work related to this Agreement. The CONSULTANT shall retain all copies of records for a period of five (5) years from the date of final payment.
9. NOTICE
All notices or demands to be given under this Agreement by either party to the other shall be in writing and given either by: (a) personal service, (b) by U.S. Mail, mailed either by certified mail, return receipt requested, with postage prepaid and addressed to the party to whom the notice is directed, or (c) via facsimile transmission (with proof of confirmation by sender). Service shall be considered given when received if personally served or, if mailed, two days after deposit in the United States Mail by certified mail, return receipt requested. The address to which notices or demands may be given by either party may be changed by written notice given in accordance with the notice provisions of this section. At the date of this Agreement, the addresses of the 176
parties are as set forth in Section 2 above.
10. TERMINATION FOR CAUSE
10.1 CITY may terminate this Agreement upon giving of written notice of intention to terminate for cause. Cause shall include: (a) a material violation of any of the covenants, agreements, or stipulations of this Agreement by CONSULTANT, (b) CONSULTANT, through any cause, failing to fulfill in a timely and proper manner its obligations under this Agreement, (c) any act by CONSULTANT exposing CITY to liability to others for personal injury or property damage, or (d) if CONSULTANT is adjudged bankrupt, CONSULTANT makes a general assignment for the benefit of creditors, or a receiver is appointed on account of CONSULTANT’s insolvency.
Written notice by CITY of termination for cause shall contain the reasons for such intention to terminate and shall specify the effective date thereof. Unless prior to the effective date of the termination for cause the condition or violation shall cease, or satisfactory arrangements for the correction thereof be made, this Agreement shall cease and terminate on the effective date specified in the written notice by CITY.
10.2 In the event of such termination, CONSULTANT shall be paid the reasonable value of satisfactory services rendered up to the date of receipt of the notice of termination in accordance with this Agreement, less any payments theretofore made, as determined by CITY, not to exceed the amount payable herein, and CONSULTANT expressly waives any and all claims for damages or compensation arising under this Agreement in the event of such termination, except as set forth herein.
11. TERMINATION FOR CONVENIENCE OF CITY
11.1 CITY may terminate this Agreement at any time and for any reason by giving written notice to CONSULTANT of such termination, and specifying the effective date thereof, at least fifteen (15) days prior to the effective date.
11.2 If the Agreement is terminated as provided in this Section, CONSULTANT shall be entitled to receive compensation for any satisfactory work completed up to the receipt by CONSULTANT of notice of termination, less any payments theretofore made and not to exceed the amount payable herein, and for satisfactory work completed between the receipt of notice of termination and the effective date of termination pursuant to a specific request by CITY for the performance of such work.
12. PERFORMANCE AFTER TERMINATION
Upon termination of this Agreement as provided herein, CONSULTANT shall, within such reasonable time period as may be directed by City Manager, complete those items of work, which are in various stages of completion, and, which City Manager determines are necessary to be completed by CONSULTANT to allow the project to be completed in a timely, logical, and orderly manner. Upon termination, all finished or unfinished documents, data, studies, surveys, drawings, models, photographs, reports, and other materials prepared by CONSULTANT shall be delivered to the City Manager, upon his request, as property of CITY.
13. DEFENSE AND INDEMNIFICATION
13.1 Indemnity for Professional Liability. Except for the sole negligence or willful misconduct of CITY, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, 177
protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council and each member thereof, its officers, employees, representatives and their successors and assigns from and against all losses, liabilities, claims, suit, damage, expenses, cost, including reasonable attorney's fees and costs, and expert costs and investigation expenses, caused in whole or in part by the negligent, reckless or wrongful acts, errors or omissions of CONSULTANT in the performance of the professional services under this Agreement and those of CONSULTANT's sub-consultants or anyone for whom CONSULTANT is liable regardless of whether or not such claim, loss or liability is caused in part by a party indemnified hereunder.
13.2 Indemnity for Other than Professional Liability. With respect to operations other than the performance of the professional services under this Agreement, CONSULTANT shall, to the fullest extent permitted by law, hold harmless, protect, defend (with attorneys approved by CITY) and indemnify the CITY, its council, and each member thereof, its officers, agents, employees, representatives and their successors and assigns, from and against any and all losses, liabilities, claims, suit damage, expenses and costs including reasonable attorney's fees and costs, and expert costs and investigation expenses (“Claims”), which arise out of or are in any way connected to the performance of CONSULTANT, its officers, employees, representatives, subcontractors, or agents under this Agreement regardless of whether or not such claim, loss or liability is caused, in part by a party indemnified hereunder. CONSULTANT shall have no obligation, however, to defend or indemnify CITY if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of CITY.
13.3 General Indemnity Provisions. This indemnity is in addition to any other rights or remedies which CITY may have under the law or this Agreement. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, CITY may, at its sole discretion, reserve, retain or apply any monies due to CONSULTANT under this Agreement for the purpose of resolving such claims; provided however, that CITY may release such funds if CONSULTANT provides CITY with reasonable assurances of protection of the CITY's interest.
The CITY shall, in its sole discretion determine whether such assurances are reasonable.
CONSULTANT agrees that its duty to defend the indemnities arises upon an allegation of liability based upon the performance of services under this Agreement by CONSULTANT, its officers, agents, representatives, employees, sub-consultants, or anyone for whom CONSULTANT is liable and that an adjudication of CONSULTANT's liability is not a condition precedent to CONSULTANT's duty to defend.
14. CONFLICT OF INTEREST
CONSULTANT shall be bound by the requirements of the FPPC (Fair Political Practice Commission) and state law with regard to disclosure of financial interests and prohibited conflicts of interest.
14.1 Prior to execution of this Agreement, CONSULTANT shall disclose in writing to CITY any and all compensation, actual or potential, which CONSULTANT may receive in any form from a party other than CITY as a result of performance of this Agreement by CONSULTANT.
If CONSULTANT becomes aware of the potential for such compensation subsequent to the execution of this Agreement, CONSULTANT shall disclose such compensation within three (3) working days of becoming aware of the potential for such compensation.
14.2 Prior to or concurrent with making any recommendation of any products or service 178
for purchase by the CITY, CONSULTANT shall disclose any financial interest that CONSULTANT may have in any manufacturer or provider of the recommended products or services. The term “financial interest” includes, but is not limited to, employment (current or prospective) or ownership interest of any kind and degree.
14.3 CONSULTANT shall not conduct business for third parties which may be in conflict with CONSULTANT’s responsibilities under this Agreement. CONSULTANT may not solicit any business during the term of this Agreement which conflicts with its responsibilities under this Agreement. CONSULTANT shall provide no services for any private client within the corporate boundaries or sphere of influence of CITY during the period of this Agreement which may constitute a conflict of interest.
15. ASSIGNMENT
No portion of this Agreement or any of the work to be performed hereunder may be assigned or delegated (including hiring and retaining use of any other person or entity for any purpose, except for those certain subconsultants specifically included in the attached “Scope of Services”) by CONSULTANT without the express written consent of CITY, nor may any interest in this Agreement be transferred (whether by assignment or novation) by CONSULTANT without the express written consent of CITY, and without such consent all services hereunder are to be performed by CONSULTANT, its officers, agents and employees. However, claims for money due or to become due to CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished promptly to CITY. Any assignment requiring approval may not be further assigned without CITY approval.
16. SURVIVAL
CONSULTANT’s representations, insurance and indemnity obligations, and performance obligations post-termination shall survive termination of this Agreement.
17. COMPLIANCE WITH APPLICABLE LAWS
CONSULTANT agrees to comply with all federal, state and local laws, rules, regulations and ordinances that are now or may in the future become applicable to CONSULTANT, CONSULTANT’s business, equipment and personnel engaged in activities covered by this Agreement or arising out of the performance of such activities.
18. PERMITS/LICENSES
CONSULTANT and all of CONSULTANT’s employees or agents shall secure and maintain in force such permits and licenses as are required by law in connection with the furnishing of services pursuant to this Agreement.
19. NONDISCRIMINATION IN EMPLOYMENT
CONSULTANT agrees that it will not engage in unlawful discrimination in employment and shall comply with all applicable laws and regulations of CITY and/or all other relevant government agencies, including, but not limited to, the California Department of Fair Employment and Housing and the Federal Equal Employment Opportunity Commission. Also, CONSULTANT certifies and agrees that all persons employed by CONSULTANT, its affiliates, subsidiaries and related 179
entities, if any, will be treated equally by CONSULTANT, without unlawful discrimination based upon creed, sex, race, national origin, or any other classification prohibited by state or federal law.
If CITY finds that any of the provisions of this Section have been violated, such violation shall constitute a material breach of this Agreement, upon which CITY may determine to cancel, terminate, or suspend this Agreement. While CITY reserves the right to determine independently that the anti-discrimination provisions of the Agreement have been violated, in addition, a determination by the California Fair Employment Practices Commission or California Department of Fair Employment and Housing, or successor agency, or the Federal Equal Employment Opportunity Commission, or successor agency, that CONSULTANT has violated state or federal anti-discrimination laws relative to this Agreement shall constitute a finding by CITY that CONSULTANT has violated the anti-discrimination provisions of this Agreement.
20. NON-WAIVER
The failure of CITY or CONSULTANT to seek redress for violation of, or to insist upon, the strict performance of any term or condition of this Agreement shall not be deemed a waiver by that party of such term or condition, or prevent a subsequent similar act from again constituting a violation of such term or condition. Payment to CONSULTANT of compensation under this Agreement shall not be deemed to waive CITY’s rights or CONSULTANT’s rights contained in this Agreement.
21. SEVERABILITY
If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, invalid, or void, the remaining provisions will nevertheless continue in full force and effect and shall not be affected, impaired or invalidated in any way.
22. DISPUTES
In the event that any action is brought by either party to construe this Agreement or enforce any of its terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred, whether or not the matter proceeds to judgment.
23. REMEDIES
The rights and remedies of the CITY provided in this Agreement are not intended to be exclusive, and are in addition to any other rights and remedies permitted by law.
24. ENTIRE AGREEMENT/AMENDMENT
This Agreement and any exhibits attached hereto constitute the entire agreement between the parties and supersede any prior or contemporaneous understanding or agreement with respect to the services contemplated, and may be amended only by a written amendment executed by both parties to the Agreement.
25. GOVERNING LAW/VENUE
The terms and conditions of this Agreement shall be governed by the laws of the State of California. Any action or proceeding brought by any party against any other party arising out of or related to this Agreement shall be brought exclusively in Riverside County.
180
26. BINDING AGREEMENT
This Agreement is intended to be binding on the parties and their respective successors and assigns.
27. NUMBER
The plural shall include the singular, and the singular shall include the plural and neuter wherever the context so indicates or requires.
28. WARRANTY OF AUTHORITY
Each of the parties signing this Agreement warrants to the other that it has the full authority of the entity on behalf of which its signature is made.
29. COUNTERPARTS
This Agreement may be executed in counterparts, all of which taken together will be considered one original document.
181
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF MURRIETA MICHAEL BAKER INTERANTIONAL
_____________________________
Lisa DeForest, Mayor _____________________________
Name/title of signatory [please print]
_____________________________
Signature
ATTEST:
_____________________________
Name/title of signatory [if necessary]
_____________________________
Cristal McDonald, City Clerk
_____________________________
Signature
APPROVED AS TO FORM:
_____________________________
Tiffany Israel, City Attorney
NOTE: If this Agreement involves a corporate party, the corporation must be represented by two individuals as follows: (A) one from the corporation’s “Operational Group” (Chair of the Board, President or a Vice-President) and; (B) one from the corporation’s “Financial Group” (Secretary, Assistant Secretary, Chief Financial Officer or an Assistant Treasurer). See California Corporations Code section 313.
Peter Minegar, Vice President
Tanya Bilezikjian, Secretary
182
EXHIBIT A
Scope of Services
As requested by CITY, CONSULTANT will provide civil engineering services to the CITY.
Before CONSULTANT commences a significant new project for the CITY, the assignment will be described in a mutually agreed upon Proposal which identifies specific deliverables required, identifies CONSULTANT’S proposed staff, sets an estimated cost of completion, and a time for completion. No work may commence until a Purchase Order has been issued by the CITY to CONSULTANT.
183
EXHIBIT B
Schedule of Rates and Charges
184
185
186
P R O P O S A L
M U R R I E T A P O L I C E D E P A R T M E N T
P
A
R
K
I
N
G
L
O
T
E
X
P
A
N
S
I
O
N
P
R
O
J
E
C
T
C I P N o . 2 1 0 4 2 , M S D P r o j e c t N o . 2 6 - 0 0 5 S u b m i t t e d b y :
4 0 8 1 0 C o u n t y C e n t e r D r i v e , S u i t e 2 0 0 T
e
m
e
c
u
l
a
,
C
A
9 2
5 9
1 S u b m i t t e d t o :