2023/05/17 Murrieta, City First Amendment and Restatement of Dispatch Service Agreement between the City of Murrieta and the City of Menifee (pending Murrieta's signatures)101375.0010/872796.1
FIRST AMENDMENT AND
RESTATMENT OF DISPATCH
SERVICE AGREEMENT BETWEEN
THE CITY OF MURRIETA AND THE
CITY OF MENIFEE
This First Amendment and Restatement of Dispatch Service Agreement (hereinafter "Agreement") is
made and entered into by and between the CITY OF MURRIETA, a municipal corporation (hereinafter
"Murrieta"), and the CITY OF MENIFEE, a municipal corporation (hereinafter "Menifee"). Murrieta and
Menifee may be individually referred to as a "Party" and collectively referred to as the "Parties".
RECITALS
A.On July 1, 2019, Murrieta entered a “Dispatch Services Agreement” (“Original Agreement”)with
Menifee to provide dispatching services for the Menifee Police Department.
B.Pursuant to Section 6 of the Original Agreement, the parties have met and conferred regarding proposed
modifications and changes to the Original Agreement.
C.This Agreement amends and restates the Original Agreement in full.
D.Menifee has formed a police department to enhance the public health, safety, and welfare of its
residents.
E.Murrieta has recently updated its facilities and technology related to dispatch services for its public
safety services, including its police department.
F.Menifee desires to have Murrieta provide dispatching services for Menifee's police department, and
Murrieta is willing to perform such services to increase efficiencies and provide better services to the
respective police departments and communities.
G.Due to the increased call volumes resulting from providing dispatch services for Menifee, twelve
(12) dispatcher positions will be added to the Murrieta dispatch center in the first year of implementation.
Staffing level for subsequent years will be agreed upon by Murrieta and Menifee Chiefs of Police. Menifee
acknowledges that Murrieta is hiring the new dispatchers specifically to account for the increase in call
volume that will occur with providing the dispatch services called for by this Agreement and that Murrieta
would not otherwise be hiring such dispatchers.
H.Similarly, Murrieta providing dispatch services to Menifee will require hardware and software
upgrades of the existing Central Square CAD and RMS system, including licensed ancillary modules, to the
multi-agency versions of the software. Menifee shall pay for such upgrades and all implementation costs
related to the software system upgrade, including hardware, to enable the software for Murrieta staff to
provide police dispatching services to both Parties.
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I.Murrieta providing dispatch services for Menifee will enhance deployment and communication
during critical incidents for both cities, and updated compatible technology will improve the interoperability
of the adjacent cities.
J.A single dispatch center will also result in cost savings and increased efficiencies for both cities.
K.The expansion of Murrieta's dispatch capabilities to accommodate Menifee's dispatch needs will
cause Murrieta to incur substantial start-up and ongoing costs on Menifee's behalf, including dispatcher
recruitment costs; supervisory, administrative, and technical support as well as technology hardware and
software costs.
L.The Parties agree and acknowledge that this Agreement is guided by the following three core
principles: (i) Dispatch services can be provided more effectively and efficiently to both Menifee and
Murrieta through the operation of a single dispatch center serving both communities; (ii) the type and quality
of services to be received by Menifee under this Agreement shall be equivalent to those provided to
Murrieta, and (iii) the compensation provisions in this Agreement are based on a total cost recovery model,
with the intent that Menifee pay to Murrieta the full cost (nothing more and nothing less) of the services that
it provides to Menifee hereunder, i.e., Menifee shall reimburse Murrieta for Menifee's pro-rata share as
described in Exhibit B of this agreement.
NOW, THEREFORE,IN CONSIDERATION OF THE MUTUAL COVENANTS AND
CONDITIONS IDENTIFIED HEREIN, THE PARTIES HEREBY AGREE AS FOLLOWS:
1.RECITALS.The foregoing recitals are true and correct and accurately reflect the intent and
understanding of the Parties.
2.DEFINITIONS. The following defined terms shall have the following meanings:
a."Annual Technology Maintenance Costs" means the cost paid by Murrieta on a yearly
basis to license, operate, maintain, and upgrade the computer software used to provide
dispatching services; the cost paid by Murrieta for radio, voice, and data communications
lines, circuits, and equipment between the two agencies; and the cost paid by Murrieta for
mapping and GIS services. The Annual Technology Maintenance Costs shall be adjusted on
an annual basis to reflect the actual costs incurred by Murrieta for those services.
b."CAD" means computer-aided dispatch.
c."Call For Service" means all incoming phone calls, all onview events in CAD that generate
an incident number, and all onview events in CAD that do not generate an incident number.
Call For Service includes received calls, dispatched calls, and officer-initiated calls.
d."Data Conversion Costs" means the costs incurred by Murrieta in converting data or
information into a format and onto devices suitable for transfer to Menifee, which conversion
and transfer shall occur upon the expiration or earlier termination of this Agreement. All
costs for data conversion associated with Menifee's data shall be Menifee's responsibility.
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e."Dispatch Services" means the services described in Exhibit A, which Murrieta shall
provide to Menifee in accordance with the terms and conditions contained in this Agreement.
Such services are intended to result in Murrieta's provision of services to Menifee that are
equivalent in type and quality to the services that Murrieta currently provides to its public
safety departments.
f."Costs for Service" means the ongoing cost of providing Dispatch Services to Menifee, as calculated
pursuant to Exhibit B.
g."Effective Date" means July 1, 2019.
h."Extra Work" means work in addition to the Dispatch Services that the Parties determine to be
necessary for the proper execution of the Dispatch Services, and which Menifee has requested in writing
that Murrieta perform.
i."Force Majeure" means the following acts of God: strikes, lockouts or other industrial
disturbances; acts of public enemies; orders or restraints of any kind by the government of the United
States or of the State of California or any of their departments, agencies or officials, or any civil or
military authority; insurrections, riots, landslides, earthquakes, fires, storms, droughts, floods,
explosions, breakage or accident to machinery, transmission pipes or canals; or any other cause or
event not reasonably within the control of the Party obliged to perform under this Agreement.
j."Go Live Date" means July 1, 2020.
k."Menifee Calls For Service" means the Calls For Service that originate within the jurisdictional
limits of Menifee or a mutual aid call to which Menifee responds.
1."RMS" means records management system.
m."Start-Up Costs" means the costs incurred after the Effective Date in connection with the
expansion of Murrieta's dispatch capabilities in order to provide Dispatch Services to Menifee. Start-
Up Costs include, but are not limited to, costs related to the recruitment, hiring, and training of
necessary dispatch and related personnel; infrastructure improvements to the existing Murrieta
dispatch center; acquisition of equipment and software; and costs for services provided by existing
Murrieta personnel to implement and facilitate this Agreement. Startup Costs will also include costs
for dispatch-related equipment to be used by Menifee including, but not limited to, mobile data
browsers/mobile data communicators and all related licenses and appurtenances. Without limiting
the foregoing, Start Up Costs shall include the full cost of Murrieta's purchase and implementation
(including hardware) of an upgrade to the existing Central Square CAD and RMS, including licensed
ancillary modules, to the multi-agency versions of the software, as necessary to enable the software
and Murrieta staff to provide police dispatching services to both Parties. A forecast of anticipated
Start- Up Costs is provided in Exhibit C.
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n."Start-Up Period" means the period from the Effective Date to the Go Live Date.
o."Start-Up Services" means Murrieta's implementation of such infrastructure and
technology upgrades and improvements, equipment purchases, employee recruitments
hirings, other personnel decisions, and training of Murrieta and Menifee personnel as
necessary to provide the Dispatch Services to Menifee by the Go Live Date.
p."Technology Costs" means the amount Menifee pays to Murrieta for the technology used
to run the software and hardware used to provide dispatching services, including both (i)
contributions to capital costs for the dispatch software, technology, and systems already in
place, and (ii) the Annual Technology Maintenance Costs. The Technology Costs are
based on Menifee's proportionate use of the dispatch center and is subject to annual
adjustment by Murrieta. A description of the method for calculating Menifee's share of
the Technology Costs is provided in Exhibit B.
3.TERM. This Agreement shall commence on the Effective Date and shall expire ten (10) years from
the Go Live Date, which the Parties intend to be July 1, 2030 (the "Termination Date"), unless it is
terminated earlier in accordance with Section 8, below.
4.SERVICES. Murrieta shall provide the following services to Menifee.
a. Start Up Services. During the Start-Up Period Murrieta shall provide the Start-Up Services to or for
the benefit of Menifee. Such services include the hiring of additional dispatch staff. New hires will be
employees of Murrieta and subject to Murrieta's rules and regulations, which include training and
probationary periods.
1.The Parties agree that on or prior to May 1, 2023, the Start Up Services were fully
performed and this Paragraph 4(a) has no further force or effect.
b. Dispatch Services. From the Go Live Date through the expiration or earlier termination of this
Agreement, Murrieta shall provide the Dispatch Services to Menifee. Priority of Dispatch Services
shall be allocated equally between the Parties and according to Murrieta's standard operating
procedures and this Agreement.
c. Notwithstanding the foregoing, the Parties acknowledge and understand that the scope of Dispatch
Services that Murrieta can provide on the Go Live Date depends on a high level of cooperation
between the Parties and may be influenced by whether Menifee timely provides complete and
accurate information to Murrieta including, but not limited, GIS data. The Parties agree to work
together in good faith to meet the Go Live Date; however, should the Dispatch Services not be fully
ready for implementation on the Go Live Date despite the Parties' best efforts, said failure shall not
be a default of this Agreement and Murrieta shall provide Dispatch Services to the extent possible in
recognition of the public health and safety concerns associated with the provision of such services.
1.The Parties agree that as of May 1, 2023, the Go Live Date has passed, and as a result
this Paragraph 4(c) has no further force or effect.
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d. Extra Work. At any time during the term of this Agreement, Menifee may request that Murrieta
perform Extra Work. Murrieta will not perform, nor be compensated for, Extra Work without written
authorization from Menifee.
5.COMPENSATION, Menifee shall provide the following compensation to Murrieta.
a.Start-Up Costs
i.Payment Obligation: Menifee shall pay Murrieta for the Start-Up Costs in accordance
with the invoicing procedure set forth in Section 5(d).
ii.Estimated Amount: The Parties currently estimate that the Start-Up Costs will be as
set forth in Exhibit C. At such time as the total invoices for Start-Up Costs exceed
eighty percent (80%) of the estimated Start-Up Costs as set forth in Exhibit C, the
Parties shall meet and confer to revise the estimated Start-Up Costs as necessary.
Notwithstanding, Menifee acknowledges that the amounts set forth in Exhibit C are
estimates only and that it is responsible for all Start-Up Costs incurred by Murrieta.
iii. The Parties agree that as of May 1, 2023, the Start-Up Costs have been fully paid, and as a
result, this Paragraph 5(a) has no further force or effect.
b.Costs for Service
i.Payment Obligation: Menifee shall pay Murrieta the Costs for Service in the amount
and subject to the adjustments specified in Exhibit B. The Parties acknowledge that
the Costs for Service include ongoing personnel costs (dispatchers and non- dispatcher
support and supervisory personnel) and Technology Costs incurred by Murrieta as
necessary to provide the Dispatch Service to Menifee. The Parties further acknowledge
that some of the Costs for Service will commence and may be invoiced prior to the Go
Live Date.
ii.Estimated Amount: The Parties currently estimate that annual Costs for Service will be
as set forth in Exhibit B. At either Party's request, with at least fourteen (14) days prior
notice, the Parties shall meet and confer to discuss any current or forecasted changes
in the Costs for Service. Notwithstanding, Menifee acknowledges that the amounts set
forth in Exhibit B are estimates only and that it is responsible for all Costs for Service
incurred by Murrieta.
iii.Fully Burdened Hourly Rate (“FBHR”) Calculation: The FBHR are rates that cities use to
estimate full cost of employee’s time. If a city were to use a simple hourly rate to charge
for services associated with an employee, the reimbursement would not cover any of the
other expenses associated with the services rendered. The FBHR calculation includes
salary, benefits, and other costs reasonably attributable to the employee. The cost elements
that are included in the FBHR calculation are as follows:
•Salary and Benefits;
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•Operating Cost applicable to the dispatch center; and
•Indirect overhead costs calculated through the Cost Allocation Plan (“CAP”).
These combined amounts reflect the actual cost associated with an hour of each employee’s
time. The term "indirect overhead costs," as used herein, applies to costs originating in the
those departments that provide support and services internally to operating departments
that conduct the day-to-day operations necessary to serve the community. In order to
determine the indirect overhead cost, Murrieta will engage an subject-matter expert
consultant to prepare the CAP. An important factor in determining the FBHR is in the
calculation of productive hours for personnel. For the purpose of this agreement, the
productive hours are two thousand and eight hours (2,080). Murrieta is to engage a subject-
matter expert consultant to complete the FBHR by March of each year.
iv. Activity-Based Cost Allocation Methodology: An equitable methodology to allocate cost
of dispatch services is based on the following criteria: All Inbound and Outbound phone
calls to include 9-1-1 calls, ten-digit emergency line and non-emergency lines (inclusive
of calls for Murrieta Police Department, Murrieta Fire Department, and Menifee Police
Department). Additionally, all CAD entries, including self-initiated, dispatched, and not
dispatched calls for service, will be included. This methodology allows for an equitable
share of cost based on actual activity being performed by the dispatch center. The number
of calls and location information is recorded and available in the CAD system. The
percentage allocation will be based on a calendar year basis from January 1st through
December 31st and such report will be completed by March of each year.
c.Extra Work: Menifee will compensate Murrieta for Extra Work at rates or charges agreed
to in writing by the Parties.
d.Invoicing Procedure: Murrieta shall submit invoices to Menifee on a quarterly basis. The
invoices shall be based on actual costs incurred by Murrieta to ensure full cost recovery. The
invoices shall identify whether the charges included are for Start-Up Costs or Costs for
Service and shall include sufficient back-up documentation to demonstrate that the costs are
appropriately categorized as either Start-Up Costs or Costs for Service. Menifee shall pay
the quarterly invoices within thirty (30) calendar days of receipt of the invoice. After thirty
(30) calendar days, payment shall be considered late and a default subject to termination for
cause under Section 8 of this Agreement.
6.ON-GOING COORDINATION. The Police Chief of the City of Murrieta and the Police Chief of
the City of Menifee are the designated and authorized representatives of Murrieta and Menifee
respectively for purposes of administration of this Agreement. The Police Chiefs, or their designees,
shall meet quarterly or as needed to discuss issues pertaining to: (i) budget; (ii) operational issues,
including changes to service delivery and appropriate staffing level; (iii) technical issues related to
information technology and system components; and (iv) dispatch operational issues related to field
unit reporting and system status management.
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7.ADDITIONAL USERS OF THE DISPATCH CENTER. The Parties acknowledge and agree that
Murrieta may provide dispatch services to other agencies, including currently providing dispatch
services for the Murrieta Fire Department, without the consent of Menifee. If Murrieta provides
dispatch services to another agency other than the Murrieta Fire Department, the Technology Fee
and the Dispatch Services Costs shall be reduced by the decrease in percentage based on the Menifee
Calls for Service to the total Calls For Service dispatched by Murrieta. Murrieta will require any
other agency that wants dispatch services to pay a "Buy-In Fee" and pay their proportionate share of
fees and costs as reasonably determined by Murrieta. Without limiting the foregoing, the additional
agency be memorialized in an amendment of this agreement that adds the new agency as an
additional party and describes the corresponding modifications to the Parties respective of rights and
obligations.
8.TERMINATION
a.Termination Without Cause. Neither Party may terminate this Agreement without cause
prior to July 1, 2025. From and after January 1, 2024, either Party may elect to terminate
this Agreement by providing written Notice of Intent to Terminate to the other Party. Any
termination effectuated by this Section 8(a) shall take effect eighteen (18) months following
delivery of the Notice of lntent to Terminate.
b.Termination for Cause. The Parties agree that there is a public health and safety obligation
to use every effort to ensure uninterrupted and continuous delivery of Dispatch Services to
Menifee even in the event of a material breach, and even if Murrieta disagrees with the
alleged determination of material breach. Consistent with the foregoing, this Agreement may
not be terminated for cause unless and until the dispute resolution procedures set forth in
Section 9 have been followed to completion.
c.Ownership of Data and Equipment on Termination. Upon the expiration or termination (with
or without cause) of this Agreement, all equipment then present in Menifee Police
Department vehicles and/or on Menifee property shall become the property of Menifee, and
all equipment then present in the Murrieta dispatch center and/or otherwise on Murrieta
property shall remain the property of Murrieta. All data and information (“Records”) relating
to Menifee and/or dispatch operations for the benefit of Menifee shall be conveyed by
Murrieta to Menifee in a format suitable for use by Menifee. Menifee shall pay for all Data
Conversion Costs, and Murrieta shall otherwise cooperate with Menifee in its transition to a
new dispatch service provider. Copies of any Records so transferred to Menifee may be
destroyed by Murrieta and Murrieta has no duty, under this agreement, to retain such copies
once transferred. Any Records not transferred to Menifee shall be maintained or destroyed
in accordance with the adopted Murrieta retention schedule.
d.Expenses on Termination. lf Menifee elects to terminate this Agreement without cause
pursuant to this Section 8(a), or Murrieta terminates this Agreement with cause pursuant to
Section 8(b) in accordance with the procedures set forth in Section 9 below, then Menifee
shall pay the following amounts to Murrieta within thirty (30) days of receipt of an invoice
from Murrieta for such costs: (i) any Start-Up Costs that have not yet been paid to Murrieta;
(ii) all costs for services provided up to the date of termination; (iii) all costs for personnel
terminations resulting from the termination of the Agreement including, but not limited to,
any applicable severance payments and Consolidated Omnibus Budget Reconciliation Act
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also known as COBRA payments; and (iv) the Data Conversion Costs. If this Agreement
expires on the Termination Date, Menifee shall pay Murrieta the Data Conversion Costs
within thirty (30) days of receipt of an invoice from Murrieta for such Costs.
9.DISPUTE RESOLUTION. Any disputes under this Agreement, including but not limited to
termination for cause, shall be subject to the dispute resolution procedures herein.
a.Meet and Confer. lf either Party (i) disputes the other Party's interpretation of this
Agreement;·(ii) disputes the sufficiency of the other Party's performance under this
Agreement, including cost of service or billing; or (iii) contends there has been a material
breach of the Agreement, then the Parties shall meet to attempt to resolve the dispute. The
City Manager and Police Chief of Murrieta shall be the authorized dispute resolution
representatives for Murrieta, and the City Manager and Police Chief of Menifee shall be the
authorized dispute resolution representatives for Menifee.
b.Mediation.
i.Initiation of Mediation: If a dispute is not resolved through the meet and confer
process, either Party may initiate a mediation process by giving written Notice of
Mediation to the other Party.
ii.Selection of Mediator: Within fourteen (14) days after receipt of a Notice of Mediation, the
Parties shall mutually select one person to mediate the dispute, which person shall be a
qualified professional with expertise in the subject matter of the dispute. Neither Party may
unreasonably withhold, delay, or obstruct the selection of a mediator.
iii.Commencement and Completion of Mediation: The mediation shall be completed
within forty-two (42) days of the selection of the mediator. The mediation shall be
conducted in accordance with procedures chosen by the mediator.
iv.Mediator's Recommendation: If the mediator is unable to resolve the dispute during the
mediation, the mediator shall submit specific and written recommendations for full
resolution of the dispute within fourteen (14) days thereafter. The Parties shall consider
the written recommendations of the mediator.
v.Mediation Costs: The fees and expenses of the one selected mediator shall be divided
equally between the Parties. The above deadlines shall be enforced unless extensions
are mutually agreed upon or granted to either Party by the mediator for good cause
shown.
c.Termination following mediation. If the dispute is not resolved through the meet and confer
process or the mediation process, then the Party that receives a favorable recommendation
from the mediator may move forward with terminating the Agreement. Termination shall be
effective thirty (30) days after written notice of termination by the aggrieved Party.
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10.INSURANCE. Both Parties shall maintain sufficient insurance, self-insurance, or a combination
thereof to comply with the following requirements and, if requested, each Party shall furnish to the
other Party certificates of insurance evidencing the required coverage. No policy providing the
required coverage may be canceled or liability limits reduced without first providing the other Party
thirty (30) days' written notice.
a.Insurance Coverages. Each Party shall, throughout the duration of this Agreement, maintain
insurance, self-insurance, or a combination thereof to cover itself, its agents, representatives,
and employees in connection with the performance of services under this Agreement at the
minimum levels set forth here.
i.Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01
96) "per occurrence" coverage shall be maintained in an amount not less than
$10,000,000 general aggregate and $2,000,000 per occurrence for general liability,
bodily injury, personal injury, and property damage.
ii.Automobile Liability (with coverage at least as broad as ISO form CA 00 01 07 97, for
"any auto") "claims made" coverage shall be maintained in an amount not less than
$2,000,000 per accident for bodily injury and property damage.
iii.Workers' Compensation coverage shall be maintained as required by the State of
California.
b.Endorsements. Each Party shall obtain endorsements to the insurance policies with the
following provisions:
i.The other Party (including its elected officials, officers, employees, agents, and
volunteers) shall be named as an additional "insured" on the commercial general liability
insurance policy.
ii.As to automobile and commercial general liability policies, for any claims related to this
Agreement, Menifee's coverage shall be primary insurance with respect to Murrieta. Any
insurance maintained by Murrieta shall be in excess of Menifee's insurance and shall not
contribute with it.
c.Notices of Cancellation. Each Party shall notify the other Party if any policy required by this
Agreement is canceled before the expiration date. For the purpose of this notice requirement,
any material change in the policy prior to the expiration shall be considered a cancellation.
If any required insurance policy under this Agreement is cancelled, the Party procuring that
policy shall immediately obtain a replacement policy.
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d.Proof of Insurance. Each Party shall provide the other Party with evidence of compliance
with the insurance requirements listed above by providing a certificate of insurance and
endorsements, in a form satisfactory to the receiving Party, before either Party signs this
Agreement.
e.Substitute Certificates. No later than thirty (30) days prior to the policy expiration date of
any insurance policy required by this Agreement, the insured Party shall provide the other
Party with a substitute certificate of insurance.
11.NONDISCRIMINATION. The Parties shall each comply with all applicable federal, state, and local
laws regarding nondiscriminatory employment practices, whether or not said laws are expressly stated
in this Agreement. The Parties shall not discriminate against any employee or applicant because of
race, color, religious creed, national origin, physical disability, mental disability, medical condition,
marital status, sexual orientation, sex, or any other classification prohibited by state or federal law.
12.COMPLIANCE WITH LAWS. The Parties shall comply with all applicable legal requirements
including all federal, state, and local laws (including ordinances and resolutions), whether or not said
laws are expressly stated in this Agreement.
13.CONFIDENTIAL INFORMATION AND RECORDS REQUESTS.
a.Confidential Information. The Parties acknowledge and agree that personnel, proprietary,
trade secret, and other information that is otherwise exempt from disclosure under the
California Public Records Act or any recognized privilege, doctrine, or law (collectively
"Confidential Information") shall be handled as strictly confidential information, and shall
be disclosed only to the extent otherwise mandated by state law, federal law, a properly
issued subpoena, or a court order. The Parties agree to immediately advise one another upon
the receipt of any request, demand, or order seeking Confidential Information and to
reasonably cooperate with one another in responding to any such request, demand, or order.
The terms of this Section 13 shall survive termination of this Agreement.
b.Records Requests. If Menifee receives any request for documents pursuant to the
Public Records Act or other applicable law or court order, Menifee shall be solely
responsible for responding to said request. When such requests seek information in the
possession, custody, or control of Murrieta, Murrieta shall use its best efforts to provide
reasonable assistance to Menifee in responding to said request. Notwithstanding the
foregoing, Murrieta shall not be responsible or liable to either the requestor(s) or Menifee as
a result of Murrieta's inability to respond to a document request, so long as Murrieta
demonstrates it exercised its best efforts to provide reasonable assistance.
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14.INDEMNIFICATION,
a.Menifee. Menifee shall indemnify, hold harmless, and defend Murrieta (including its elected
officials, officers, agents, employees, and volunteers) from and against any and all claims
(including all litigation, demands, damages) and their attendant costs, and expenses
(including court costs and attorneys' fees) to the extent resulting or arising from Menifee's
willful misconduct or negligent performance, or failure to perform, under this Agreement.
b.Murrieta. Murrieta shall indemnify, hold harmless, and defend Menifee (including its elected
officials, officers, agents, employees, and volunteers) from and against any and all claims
(including all litigation, demands, damages) and their attendant costs, and expenses
(including court costs and attorneys' fees) to the extent resulting or arising from Murrieta's
willful misconduct or negligent performance, or failure to perform, under this Agreement.
c.Exception for Willful Misconduct and Sole Negligence. Notwithstanding Sections 14(a) and
14(b), neither Party shall have any obligation to defend or indemnify the other Party if it is
determined by a court of competent jurisdiction that such claim was caused by the sole negligence
or willful misconduct of the Party to be indemnified.
15.FORCE MAJEURE.
If by reason of Force Majeure a Party is unable, in whole or in part, to perform any of its obligations
under this Agreement, such Party shall not be in default, and its performance obligations shall be
tolled, during the continuance of such inability.
16.RELATIONSHIP OF THE PARTIES.
a.In General. Nothing contained in this Agreement is intended to, nor shall it, be construed in any
way to be a joint powers agreement of any kind. Neither Menifee nor any of its agents shall have
control over the conduct of Murrieta or any of Murrieta's employees, except as set forth herein.
Neither Party's employees shall acquire or be (or become) entitled to any of the rights, privileges,
powers, or advantages of the other Party's employees including, but not limited to, the right to any
compensation, benefits, or pension benefits of the other Party's employees.
Menifee Not An Employer of Dispatchers. Murrieta shall not request or demand that Menifee assume
any liability for direct payment of any salary, wage or other such compensation to any person
employed by Murrieta to perform the services described in the Agreement. Murrieta shall not at any
time or in any manner represent that it or any of its officers, employees, or agents are "employees" of
Menifee.
b.No Promise of Future Contract for Dispatch Services. Nothing in this Agreement shall be
interpreted to imply that Murrieta must maintain any contractual relationship with Menifee
on a continuing basis after the termination of this Agreement.
c.Murrieta Retains Daily Control of Dispatch Services. Murrieta is responsible to provide the
Start-Up Services and Dispatch Services as set forth in Exhibit A, and to reasonably
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cooperate with Menifee to ensure those services are delivered in an effective and efficient
manner. Subject to the foregoing, (i) Murrieta is the final authority and is not required to
comply with daily instructions from Menifee staff with respect to when, where, or how
Murrieta must perform the Start-Up Services and Dispatch Services; (ii) Murrieta is solely
responsible for determining who, under supervision or direction of Murrieta, will perform
the Start Up Services and Dispatch Services; (iii) Menifee will not hire, supervise, or pay any
employees working for Murrieta pursuant to the Agreement during such employee(s)' period
of employment with Murrieta; and (iv) Murrieta shall be solely responsible for setting the
hours in which Murrieta performs or plans to perform the Start-Up Services and Dispatch
Services.
l 7. ADDITIONAL DOCUMENTS AND AGREEMENTS. The Parties agree to cooperate in the execution
of any additional policies and procedures, instruments, and conveyances, which may be required to
carry out the terms of this Agreement.
18.WARRANTY. Murrieta provides the hardware, software, and ancillary systems necessary to the
provision of the Dispatch Services without any warranty or condition, expressed or implied. Murrieta
specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose,
and non-infringement. Menifee acknowledges that the hardware, software, and ancillary systems may
not operate totally without interruption. Murrieta makes no representations, warranties, or guarantees
regarding uptime for the hardware, software, and ancillary systems. Murrieta agrees to pursue
remedies through the vendor for the systems to all software problems arising from software provided
by the vendor. Remedies for problems arising that are caused by circumstances outside of the vendor's
control (network connection issues, user errors, hardware failures, etc.) shall be pursued by Murrieta
until a resolution is achieved. If a total or partial failure should occur, Murrieta Police dispatch shall
continue to dispatch for Menifee using whatever manual methods may be necessary and provide the
same level of service they would for Murrieta Police.
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19.NOTICES. All notices required or contemplated by this Agreement shall be in writing and shall be
delivered to the respective Party as set forth in this section. Communications shall be deemed to be
effective upon the first to occur of: (a) actual receipt by a Party's Authorized Representative, or
(b) actual receipt at the address designated below, or (c) three (3) working days following deposit in
the United States Mail of registered or certified mail sent to the address designated below. The
Authorized Representative of either Party may modify their respective contact information identified
in this section by providing notice to the other Party.
TO: Murrieta
Attn: Police Chief
2 Town Square
Murrieta, CA 92562
TO: Menifee
Attn: Police Chief
29844 Haun Road
Menifee, CA 92586
With a Copy To:
City Attorney
1 Town Square
Murrieta, CA 92562
With a Copy To:
City Attorney
29844 Haun Road
Menifee, CA 92586
20.HEADINGS. The heading titles for each paragraph of this Agreement are included only as a guide
to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation
of the Agreement.
21.SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, or
condition) is held by a court of competent jurisdiction to be invalid or unenforceable, this Agreement
shall be construed as not containing that term, and the remainder of this Agreement shall remain in
full force and effect; provided, however, this paragraph shall not be applied to the extent that it would
result in a frustration of the Parties' intent under this Agreement.
22.GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and
enforcement of this Agreement shall be governed by and interpreted in accordance with the laws of
the State of California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall
be filed and heard in a court of competent jurisdiction in the County of Riverside.
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1401375.0010/872796.1
23.ASSIGNMENT AND DELEGATION. Neither this Agreement, nor any portion hereof, shall be
assigned or transferred, nor shall any of the Parties' duties be delegated, without the written consent of
the other Party. Any attempt to assign or delegate this Agreement without the written consent of the
other Party, shall be void and of no force or effect. Consent by a Party to one assignment shall not be
deemed to be consent to any subsequent assignment.
24.SUCCESSORS. This Agreement shall bind and inure to the benefit of all duly authorized successors
and assigns of the Parties.
25.MODIFICATIONS. This Agreement may not be modified, orally or in any manner, other than by
an agreement in writing signed by duly authorized representatives of both Parties.
26.WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing
waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
27.CONFLICTS. If any conflicts arise between the terms and conditions of this Agreement and the
terms and conditions of the attached exhibits or any documents expressly incorporated, the terms and
conditions of this Agreement shall control.
28.ENTIRE AGREEMENT. This Agreement, including all documents and exhibits incorporated herein
by reference, comprises the entire integrated understanding between the Parties concerning the
services provided hereunder. This Agreement supersedes all prior negotiations, agreements, and
understandings regarding this matter, whether written or oral. The documents incorporated by
reference into this Agreement are complementary; what is called for in one is binding as if called for
in all.
29.LITIGATION EXPENSES AND ATTORNEYS' FEES. In the event that any action is brought by
either Party to construe this Agreement or enforce any of its terms, the prevailing Party shall be entitled
to recover its reasonable attorneys' fees and costs incurred, whether or not the matter proceeds to
judgment.
30.SIGNATURES. The individuals executing this Agreement represent and warrant that they have the
right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the
respective Parties.
31.COUNTERPARTS. This Agreement may be executed in counterparts, all of which taken together
will be considered one original document.
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1501375.0010/872796.1
IN WITNESS WHEREOF, Murrieta and Menifee do hereby agree to the full performance
of the terms set forth herein.
CITY OF MURRIETA CITY OF MENIFEE
By: Kim Summers
Title: City Manager
Date:
By: Armando G. Villa
Title: City Manager
Date:
ATTEST:ATTEST:
By: Cristal McDonald, MMC
City Clerk
APPROVED AS TO FORM:
By:Tiffany Israel
Title: City Attorney
By: Stephanie Roseen,
Acting City Clerk
APPROVED AS TO FORM:
By:Jeffrey T. Melching
Title: City Attorney
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5/17/2023
1
EXHIBIT "A"
Scope of Services
SERVICES PROVIDED BY MURRIETA: During the term of this Agreement 1, Murrieta shall
provide to Menifee Dispatch Services that are equivalent to those provided to Murrieta, which include the
following:
1.Police General Dispatch Service.
a.Provide all Dispatch Services identified in this Exhibit A to all Menifee police officers.
b.Receive and respond to all 911 calls for police services for Menifee twenty-four (24) hours
a day, seven (7) days a week. Telephone lines will be answered using a generic greeting
such as, "Emergency Services", "9-1-1 Emergency'', or "police services".
c.Monitor and reply to all emergency radio traffic from Menifee twenty-four (24) hours a day,
seven (7) days a week.
d.Provide call-out notifications as directed by Menifee for incidents requiring response from
Menifee Police Department personnel or mutual aid resources.
e.Provide after-hour notifications for Menifee Public Works Department personnel.
f.Monitor and reply to all non-emergency radio traffic from Menifee twenty-four (24) hours
a day, seven (7) days a week.
g.Handle dispatch responsibilities for Menifee SWAT activations.
h.Utilize appropriate radio and CAD systems for dispatching services.
i.Ensure supervisory awareness of major incidents.
J.Maintain appropriate staffing levels at all times.
k.Make telephone calls for Menifee Police Department officers to request tow trucks, taxi
cabs, and other resources.
l.Use Menifee unit requirements for dispatching calls for service to Menifee Police
Department officers.
m.Prioritize response according to Murrieta policies and procedures. If changes are desired,
Murrieta will consult with Menifee prior to implementation of any new response priorities.
Unless otherwise indicated, capitalized terms used in this Exhibit A have the meaning set forth in the agreement to which
this Exhibit A is attached.
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1.Police Dispatch Technology Criteria and Guidelines.
a.Operate and maintain a computer-aided dispatch system that is capable of:
i.Tracking the status of Menifee's on-duty police units' activity and
availability.
ii.Assigning report numbers for incidents.
iii.Ensuring that all systems and electronic interfaces are maintained and
working.
b.Utilize the Riverside County Public Safety Enterprise Communications ("PSEC")
radio system for dispatch communications.
c.Operate dedicated Murrieta and Menifee radio channels for police operations
twenty-four (24) hours a day, seven (7) days a week. During exigent or other
mutually agreed upon circumstances, the individual radio channels may be patched
together for combined communication.
d.Dispatch Menifee police units based on a call priority of 1, 2, and 3 for urgent and
non-emergency calls for service.
e.Transfer all 9-1-1 telephone calls to secondary public safety answering point when
appropriate.
f.Maintain and monitor secondary radio channel(s) during special events, incidents, or
enforcement activities.
2.Computer-Aided Dispatch (“CAD”) and Records Management System (“RMS”).
a.Purchase the upgrade of the existing Central Square CAD and RMS, including licensed
ancillary modules, to the multi-agency versions of the software.
b.Install RMS and Web Query on Menifee's workstations.
c.Host and maintain the CAD and RMS applications, database, and backups and provide
twenty-four (24) hours, seven (7) days a week of operational support of the servers and
applications.
d.Murrieta's Communications Manager will be the main contact for any issues related to
the CAD and RMS applications and will contact the Information Technology Services
Help Desk following Murrieta's current normal business hour (0800 hours to 1700
hours) and after-hour (1700 hours to 0800 hours) procedures. Murrieta will provide 24
hours per day / 7 days per week access to and assistance from Murrieta technical support
personnel to address technical and information technology issues.
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e.Maintain and support the existing software license agreement with Central Square.
f.Provide the servers, CAD and RMS along with ancillary applications, databases, system
administration, and necessary interfaces for the systems.
g.In the event Menifee changes their RMS to a provider other than CentralSquare,
Murrieta Information System Division shall maintain Menifee’s existing data for a
period of one year, unless a shorter period is requested by Menifee. The cost of
maintaining the data will be borne by Menifee.
h.Maintain and support the servers and the hardware necessary for the operation of the
systems.
i.Monitor new technology to maintain technologically current systems.
j.Be solely responsible for determining the hardware and software that will maximize
benefits to both Murrieta and Menifee; provided, however, that Murrieta shall consult
with Menifee prior to implementing any significant cost increase for hardware and/or
software.
k.Provide the ability for Menifee workstations (including Mobile Data Computers
["MDC"]) to perform California Law Enforcement Telecommunication System
("CLETS") queries.
l.Assist Menifee to resolve any issues with the operation of the mobile software as a
result of issues with the CAD application.
m.Create network accounts for Menifee to access Murrieta's network and Central Square
accounts for Menifee to access CAD and RMS applications within five (5) days of the
date that the request is received from Menifee.
n.Be responsible for all CAD file maintenance updates including user accounts, terminals,
and quarterly GIS updates.
o.Provide access to the database views for reporting on the CAD data warehouse and
RMS database.
p.Report and track issues with the CAD and RMS vendor(s), and test fixes in the test
environment before installing fixes into the live production system.
q.Murrieta shall provide access to Menifee to the audio logger at Murrieta PD for the
purpose of obtaining recordings related to Menifee in order to comply with any
California Public Records Act request. Murrieta PD shall provide training to Menifee
personnel on using the audio logger, as identified by Menifee’s command staff. A
second audio logger will be housed at Murrieta PD to maintain recordings solely for
Menifee PD. Menifee assumes all costs related to the second audio logger, including its
maintenance.
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r.Provide administrative support and technical support to the Menifee Police Department
supervisors or administrators and Information Technology team seeking information
from CAD and/or RMS.
s.Provide and send to Menifee PD duplicate CAD and RMS data relating to all Menifee
calls and reports, including all attachments, to Menifee PD servers on a real-time basis.
Further, (1) provide immediate notification to Menifee PD and Information Technology
departments if the data replication stops for any reason.
3.Network Connectivity.
a.Provide and maintain a point-to-point dedicated connection at Murrieta's dispatch
center to establish communications with Menifee's network.
b.Provide and maintain a backup dedicated connection for communications with
Menifee's network.
c.Provide immediate notification to Menifee PD and Information Technology
departments the circuits specified in paragraphs 3(a) and 3(b) are interrupted.
4.Mobile Data Computer System.
a.Provide hardware support for the MDCs or issues related to networking or
connectivity between the two agencies. Murrieta will assist Menifee, as necessary,
to resolve any issues; however, Menifee is responsible for any hardware costs
associated with the resolution of an issue if it is not related to the CAD application.
b.Install and maintain the current MDC software and resolve any problems.
5.Ancillary Services.
a.May conduct inquiries for officers into federal, state, and local databases through
CLETS and Riverside Sheriff Office Message Switch (Local Warrant System)
("RSOMS").
b.Complete after-hours entries into federal and state databases (MUPS, DVROS, AFS,
SVS).
c.Murrieta Communications Manager will be responsible for CJIS audits, yearly
training and sign-offs for Murrieta only.
6.Geographic Information System.
a.Work with Menifee to assure that the merging of the mapping data for the two
agencies creates a seamless single Geofile to be used for dispatching services. For
areas of shared boundaries, duplicates and discrepancies must be resolved before
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implementation.
b.Update and maintain the Menifee portion of the Geofile ad hoc basis as needed (but
no less frequently than quarterly). The changes will be based upon direct geographic
information system ("GIS") files provided by Menifee or agreed upon
documentation for Murrieta to input directly.
SERVICES PROVIDED BY MENIFEE: During the term of this Agreement, Menifee
shall provide to Murrieta and be responsible for the following actions:
1.Police General Dispatch Service.
a.Provide daily rosters for all patrol shifts to Murrieta at the beginning of each shift.
b.Notify Murrieta prior to conducting any operations with an OPS plan, including
personnel involved and location.
c.Conform to Murrieta response protocols. Murrieta will collaborate with Menifee in
good faith if there are any desired changes to response protocols by either party.
d.Conform to Murrieta call types and dispositions. Murrieta will collaborate in good
faith with Menifee if there are any desired changes to call types or dispositions by either
party.
e.Conform to Murrieta's radio codes.
f.Follow established complaint procedures to address personnel and dispatching
issues.
1.Orders received from Murrieta Communications Center related to the
operation of the communications center are official department orders and
will be treated as such. Menifee personnel receiving such orders shall
comply. Wherever practical, Menifee's authorized representatives will be
consulted prior to the implementation of new orders or procedures.
11.In the event of a dispute between a Murrieta dispatcher and Menifee field
personnel, the dispute shall be referred to the employees' direct supervisors.
The employees' supervisors shall then be responsible for identifying a
resolution to the dispute.
111.Issues unrelated to personnel complaints should be addressed at the line
supervisor level initially. If resolution is not achieved for any type of issue,
it shall be forwarded to authorized representatives for each agency for
resolution.
1v.Proposed operational or procedural changes should be directed to the
Murrieta Communication Manager and Menifee's authorized representative.
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2.Computer-Aided Dispatch and Records Management System.
a.Establish and maintain telephone line(s) services as necessary to support the dispatch
consolidation effort outlined in this Agreement.
b.Process all paperwork related to the records function including, but not limited to,
records data entry, citation entry, or miscellaneous paperwork not related to the basic
dispatch function and respond to Public Records Act requests or similar requests and
subpoenas for incidents and/or addresses located in Menifee.
c.Submit a request to create a network account and accounts for Central Square CAD
and/or RMS applications for a new hire to Murrieta.
d.Notify Murrieta immediately of any separated employee so that the respective
network and Central Square accounts can be deleted.
e.Manage RMS user accounts, all agency specific code table maintenance, UCR, and
ad hoc reporting.
Support Menifee's records workstations. Murrieta will assist Menifee as necessary to resolve any
issues; however, Menifee is responsible for any hardware costs associated with the resolution of
an issue if it is not related to the RMS application.
a.Provide all ad hoc reporting (using SSRS or other tools) from the CAD data
warehouse and RMS database. Menifee will be provided view access to the
databases to create the necessary reports.
3.Network Connectivity.
Provide and maintain a dedicated connection to Murrieta's core network including the
installation and maintenance of network connections.
4.Ancillary Services.
a.Menifee Records Supervisor will be responsible for CJIS audits, yearly training
and sign-offs for Menifee.
b.Maintain and manage the ORI and mnemonics for Menifee.
5.Mobile Data Computer System.
a.Maintain its own NetMotion server and provide the connectivity of the MDCs to
the Murrieta CAD system along with related costs.
b.Pay any costs to upgrade the current MDC software to MobileCOM if Menifee
elects to upgrade the software.
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c.Be the Custodian of Record of all telephone audio recordings and facilitate the release of any such
information relating to incidents within or relating to the City of Menifee, the Menifee Police
Department, or the services provided to Menifee under this Agreement.
d.Process audio recording requests for criminal, civil, and internal cases.
6.Geographic Information System.
a.Provide the initial Geofile and Maverick map layers. Menifee will be
accountable for the quality of the data.
b.Work with Murrieta to assure that the merging of the mapping data for the two
agencies creates a seamless single Geofile to be used for dispatching services.
For areas of shared boundaries, duplicates and discrepancies must be resolved
before implementation.
c.Provide direct GIS files or agreed upon documentation for Geofile and Maverick
map additions and changes on a quarterly or on an ad hoc basis as needed.
Menifee will review and sign off on Geofile changes incorporated by Murrieta
on a quarterly basis. Upon sign-off, Menifee will be accountable for the quality
of data.
d.Provide AT&T data and site plan/complex card detailed information to
supplement the GIS Web Dispatch application.
e.Provide all updated geographic data to Murrieta.
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01375.0010/872796.1
EXHIBIT "B"
Costs for Service
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Dispatch
Services2 the following:
A.Dispatcher and Dispatch Supervisor Costs.
1.Year One. In the first year, known as the Start-Up Period, Menifee's Dispatcher Costs will be
the actual "Loaded Cost" of the dispatchers hired in support of providing Dispatch Services to
Menifee, up to twelve (12) dispatchers. Loaded Cost shall be defined as base pay plus benefits._
2.Year Two. In the second year, commencing with the Go-Live Date, Menifee's portion of
Dispatcher Costs will be 43% of the "Total Personnel Cost" 3. The Total Personnel Cost shall
include the following:
a.The "Fully Burdened Cost" for all dispatchers. Murrieta will calculate the Fully
Burdened Cost to include direct and indirect costs such as salaries and benefits without
limitation, departmental support, supervision, and administrative overhead, including
associated human resources costs; internal service costs; and indirect City-wide
overhead costs.
Murrieta agrees to meet with Menifee prior to the Go Live Date to review the
components of the Fully Burdened Cost. After meeting, Murrieta shall have the sole
authority to determine both the direct and indirect components and to calculate the cost.
b.Actual training costs incurred.
c.Overtime costs incurred by all dispatchers, applying base pay plus any additive pays that
are payable on overtime hours including bi-lingual pay, Workers' Compensation and
Medicare.
If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully
Burdened Cost rates prior to May 31, 2020, Menifee's Dispatcher Cost shall be 43% of the
Loaded Cost rate for all dispatchers plus actual training and overtime costs incurred.
3.Year Three. Commencing July 1, 2021, Dispatcher Costs will be calculated at the Fully
Burdened Cost rate in the same manner as Year Two (described in subsection (A)(2) above)
unless both Murrieta and Menifee agree in writing to a new formula prior to the commencement
of any given year.
4.Estimates of Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1.
Unless otherwise indicated, capitalized terms used in this Exhibit B have the meaning set forth in the agreement to which
this Exhibit B is attached
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01375.0010/872796.1
5.The Parties specifically acknowledge that the amount due from Menifee is subject to annual
adjustments at the beginning of the fiscal year based on Murrieta's personnel costs, including but not
limited to increased labor costs as negotiated in the Memoranda of Understanding between Murrieta
and the Murrieta General Employees Association and Murrieta Supervisors' Association,
respectively, any increases in employee compensation and benefits and changes in staffing levels in
the dispatch center.
6.Year Four and beyond. Commencing July 1, 2022, Dispatcher Cost for services rendered by dispatchers
and dispatch Supervisors will be calculated at the Fully Burdened Cost rate per section 5.b.iii and cost
shall be allocated using the Activity-Based Cost Allocation Methodology as described in section 5.b.iv.
a.Actual training costs incurred.
b.Overtime costs incurred by all dispatchers and dispatch supervisors, applying base pay
plus any additive pays that are payable on overtime hours including bi-lingual pay,
Workers' Compensation and Medicare.
c.Leave Buy Out based on respective MOUs.
B.Non-Dispatcher Personnel Costs
Performance of the dispatch services under this Agreement will require services and support from Murrieta
personnel other than dispatchers including, but not limited to, supervisory or management dispatch
personnel and information technology services. Menifee shall pay the Total Personnel Costs for the
following positions in the following proportions and amounts (subject to adjustment as set forth herein):
1.During the Start Up Period, Menifee shall pay the Loaded Cost for the following positions:
Position Title Proportion
Communications Manager 43%
Radio Systems Administrator Hours actually worked up to Go Live Date
Information Systems Analyst Hours actually worked up to Go Live Date
Information Systems Technician Hours actually worked up to Go Live Date
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01375.0010/872796.1
2.In Year Two, commencing on the Go Live Date, Menifee shall pay the Fully Burdened Cost plus
any applicable overtime for the following positions and in the following proportions:
Position Title Proportion
Communications Manager 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%
If Murrieta is unable to complete the Cost Allocation Plan necessary to determine the Fully
Burdened rates prior to May 31, 2020, Menifee's Non-Dispatcher Cost shall be the Loaded Cost
plus any applicable overtime for the following positions:
Position Title Proportion
Communications Manager 43%
Dispatch Supervisors 43%
Radio Systems Administrator 20%
Information Systems Analyst 20%
Information Systems Technician 10%
3.Estimates of Non-Dispatcher Costs for Year One and Year Two are set forth in Exhibit B-1.
4.Year Four and beyond. Commencing July 1, 2022, Menifee shall pay the Fully Burdened Hourly Rate
Cost plus any applicable overtime for the following positions and in the following proportions:
Position Title Proportion
Communications Manager % per section 5.b.iv.
CAD/RMS Systems Administrator 40%
Information Systems Analyst 30%
Program Administrator As incurred
IT System Administrator As incurred
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01375.0010/872796.1
Management Analyst 7.5%
a.Actual training costs incurred.
b.Overtime costs, including Workers' Compensation and Medicare.
c.On-Call pay based on respective MOUs.
d.Leave Buy Out based on respective MOUs.
c. Technology Costs
The Technology Costs consist of three components. The first component represents Menifee's contribution
towards the initial investment of the start-up costs incurred by Murrieta to acquire and implement its CAD
and RMS system, which enables Murrieta to provide Dispatch Services to Menifee, including contribution
to capital costs for the dispatch software, technology, and systems already in place. Murrieta's investment
to implement and acquire its CAD and RMS system was One Million Eight Hundred Thousand Dollars
($1,800,000), financed to be paid over a term of seven (7) years ("Finance Payment"). For each loan
payment after the Go Live Date, Menifee shall pay to Murrieta Forty-One Thousand Eight Hundred Forty-
Eight Dollars and Twenty Cents ($41,848.20).
The second component of the Technology Costs is the Annual Technology Maintenance Costs. For the
first year following the Go-Live Date, the Annual Technology Maintenance Costs will include an additional
component for deferred start-up costs, as detailed in Exhibit B-2. For each subsequent year, the estimated
Annual Technology Maintenance Costs are estimated as detailed in Exhibit B-3.
Menifee's responsibility for Annual Technology Maintenance Costs is based on the ratio of Menifee
authorized sworn personnel to total number of authorized sworn personnel on the dispatch system.
The number of sworn personnel used for the above calculations will be updated annually at the meet and
confer meeting held pursuant to Paragraph F, below.
The Annual Technology Maintenance Costs may change based upon a change in pricing and/or adjustments
in the actual costs billed by the CAD vendor for the support renewal.
The third component of the Technology Costs are monthly subscriber rates for mobile, portable, and
console radios ("Radio Costs"). Menifee's responsibility for Radio Costs for the first year following the
Go Live Date shall be Thirty-Eight Dollars and Eighteen Cents ($38.18) per radio utilized by Menifee
personnel. The Radio Costs increase by six percent (6%) for each following year through June 30, 2025.
Effective July 1, 2021, the County of Riverside started to invoice Menifee Police Department for their radio
subscriptions.
D.
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01375.0010/872796.1
Offset Costs.
The Parties acknowledge and agree that the net proceeds from any grants, subsidies, or reimbursements
received by Murrieta, to the extent (i.e., in the proportion) they result from the provision of Dispatch
Services to Menifee, shall be offset against the Dispatcher Costs during the invoicing period in which the
grant, subsidy, or reimbursement is provided to Murrieta.
E. Payment Methodology.
Notwithstanding the estimates provided above and in Exhibits B-1, B-2 and B-3, the amount paid by
Menifee to Murrieta for the Costs for Services shall be the actual costs incurred by Murrieta, even if such
costs exceed (or are less than) the estimate.
Menifee shall make payments to Murrieta for its share of the Costs for Services in accordance with the
invoicing and payment procedure set forth in Section 5(d) of the Agreement.
F. Annual Meet and Confer.
The Parties shall meet and confer annually (as part of a coordination meeting required by Section 6 of the
Agreement) to make adjustments in costs or applicable proportions including, but not limited to, the
calculation of cost of services set forth in section 5(b), the proportion of Menifee end users to total end
users, the proportion of Menifee radios to total radios, technology cost, the annual technology maintenance
costs, and any offset costs received or anticipated to be received by Murrieta.
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01375.0010/872796.1
EXHIBIT "B-1"
Estimated Personnel Costs
Year One (FY 2019/20)
Personnel (Salary/Benefits)Annual QTY Duration Share Total
Dispatchers $97,406.00 12 6mos.100%$584,436.00
Comm Mgr $164,048.00 1 12 mos.43%$70,540.64
Radio Administrator *$108,667.00 1 12 mos.40%$43,466.80
IT Analyst*$120,702.00 1 12 mos.25%$30,175.50
IT Tech*$107,714.00 1 6mos.10%$5,385.70
Total $734,004.64
Year Two (FY 2020/21)
Personnel (Salary/Benefits)Annual QTY Duration Share Total
Dispatchers $100,815.00 12 12 mos.100%$1,209,780.00
Supervisors $119,961.00 4 12 mos.43%4 $206,332.92
Comm Mgr $178,279.00 1 12 mos.43%$76,659.97
Radio Administrator $112,470.00 1 12 mos.20%$22,494.00
$131,173.00 1 12 mos.20%$26,234.60IT Analyst
IT Tech $111,484.00 1 12 mos.10%$5,574.20
Total $1,547,075.69
The above are only estimates and the Parties acknowledge that Menifee will, according to the formulas
set forth in sections (A) and (B) of Exhibit B, be charged for and pay for actual costs notwithstanding
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01375.0010/872796.1
the above estimates. In the same vein, the Parties acknowledge that, for Year One (fiscal year 2019/20),
the three positions noted with asterisks (Radio Administrator, IT Analyst, and IT Tech) will be charged
on an hourly basis for hours actually worked and thus the amounts listed for those positions are for
illustration only.
DocuSign Envelope ID: 38301974-1264-4565-9C7F-2DE41982D290
01375.0010/872796.1
EXHIBIT "B-2"
Annual Technology Costs Deferred Start Up Costs
Menifee Dispatching Services
Hardware and Software Costs by Year
08/05/2019
Summary
FY 20 - Year 2 Costs
CAD Workstation Inform CAD Software License Fees $ 20,000.00
CAD Mapping Inform CAD software License Fees $ 1,000.00
CAD NCIC/State Query Position Inform CAD Software License Fees $ 1,000.00
CAD Mobile Base with CJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00
CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00
CAD Mobile Server Software (C 101-250 Positions)Inform Mobile Implementation Services $ 10,000.00
Inform RMS Inform RMS software License Fees $ 13,500.00
Inform RMS NCIC/State Software Inform RMS software License Fess $ 2,500.00
Annual Maintenance for new Software This cost reflects adding additional software licenses $ 15,776.32
Total Tritech/Central Square CAD/RMS Quoted Add-on only
Cost $ 87,776.32
Inform CAD Business Analysis and Consultation Service 1-day
Remote Project Management Costs $700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2-
days Remote Project Management Costs $ 1,400.00
Project Management from Central Square
Crossroads Crash Software
Project Management Costs $ 6,250.00
Project Management Services Cost $ 8,350.00
Site License $ 9,800.00
Total Additonal Required Software $ 9,800.00
Crime view implementation professional services Based on adding Menifee to Murrieta's Crimeview dashboard and
advanced analytics $ 14,875.00
Crimeview (Advanced reporting, Nearme, dashboard) Yearly
Subscription 50% of Murrieta Yearly Subscription $ 8,137.50
Field Ops(mobile app to CAD)Implementation $ 1,400.00
Field Ops Yearly Subscription Cost Subscription per user $ 2,400.00
IQ Search Implementation Implementation $ 1,100.00
IQ Search Yearly Subscription Yearly Subscription $ 4,800.00
Project Management for CrimeView and Field Ops Project Management Costs
Total Optional Software Licensing and lmplentation Costs
_$. 2,'-4_6_4_.o_o_
$ 35,176.50
Annual Maintenance for new Software This cost reflects adding additional software licenses $ 31,552.64
Annual Maintenance for Menifee Portion of Central Square This cost reflects Menifee's share of 36% of the existing annual
Software maintenance $ 22,555.54
Duo Software (2FA)2FA Software (Annually)$ 7,424.00
Endpoint Protection Carbonblack security software for dispatch computers $107.44
Vmware Licensing 50% share of the host licenses (3 hosts)$ 3,000.00
Software Renewals $ 64,639.62
Internet (Failover)
Internet (Primary)
Failover Internet Connection (Monthly)
Primary Internet Connection - Shared Cost (Monthly)
$ 10,788.00
$ 8,027.76
Internet Service Costs $ 18,815.76
Grand Total (does not include taxes) $ 224,558.20
NOTE:
Central Square agreed to payment terms of 50% at start and 50% at go-live
Does not include the possible renewal increase of 3% for Central Square
DocuSign Envelope ID: 38301974-1264-4565-9C7F-2DE41982D290
01375.0010/872796.1
EXHIBIT "B-3"
Annual Technology Maintenance Costs
\1enifee Dispatching Services
Hara ware and Software Costs by Year
08/05/2019
Summary
FY21 -costs
Software Renewals-$-----65-,53-9-.62-
Internet (Failover)
Internet {Primary)
Optional Software Renewals-$--15-,3 3 -7 .5 -0
Faiiover Internet Connection (Monthly)$10,788.00
Primary Internet Connection- Shared Cost (Monthly)_$ 8 ,0_2_7_.7_6_
lmernet Service Costs $ 18,815.76
Grand Total_$,,..._99-,-69_2 88-
NOTE:
Does '10t incl:JC:e the possible etiewal ir.crease of 3% for Central SquarF
Annual Maintenance for new Software This cost reflects maintenance fortheadditional software licenses $31,552.64
Annual Maintenar.ce for Menifee Portion of Central Square Software
Th's cost reflects Meri!fee's share of 36% of the eKisti ng annual maintenance $22,555.54
Crossroads Annual Maintenance Crossroads Crash Software $900.00
Duo Software (2FA)2FA Software (Annually)$7,424.00
Endpoint Protection Carbonb!ack security software for dispatch computers $107.44
Vmware Licensing 50%share of the host licenses $3,000.00
Field Ops Yearly Subscription Cost Subscription per user 2,400.00
Crimeview (Advanced reporting, Nearme, dashboard) Yearly 50% of Murrieta Year!y Subscription
Subscription 8,137.50
IQ Search Yearly Subscription Yearly Subscription 4,800.00
DocuSign Envelope ID: 38301974-1264-4565-9C7F-2DE41982D290
01375.0010/872796.1
EXHIBIT "C"
Start-Up Costs
Menifee agrees to pay and Murrieta agrees to accept as total compensation for Start-Up Services5 the
following:
A.Equipment, Hardware and Software. All such equipment and software as is necessary to provide the
services described in Exhibit A to Menifee, to the same extent and quality as is provided to Murrieta.
Such equipment and software includes, but is not limited to those items listed on Exhibit C-1.
B.Other Equipment, Furniture, and Infrastructure. All such equipment, furniture, and other
infrastructure (not otherwise listed in Exhibit C-1) as is necessary to provide the services described in
Exhibit A to Menifee, to the same extent and quality as is provided to Murrieta. Such equipment,
furniture, and other infrastructure includes, but is not limited to, dispatch ergonomic workstations,
Motorola dispatch console radio equipment; telephone and 9-1-1 Vesta console equipment; acquired
computers, monitors, telephones, printers; and retrofit of the dispatch center as necessary to
accommodate the additional demand created by providing the Services listed in Exhibit A.
C.Murrieta Legal Services. Menifee shall further pay for half of all costs incurred by Murrieta for
services by its City Attorney's office in preparing the Agreement upon invoice by Murrieta.
D.Offset Costs. The Parties acknowledge and agree that the net proceeds from any grants, subsidies, or
reimbursements received by Murrieta, to the extent (i.e., in the proportion) they result from or are in
connection with the Start-Up Services shall be offset against the Start-Up Costs during the invoicing
period in which the grant, subsidy, or reimbursement is provided to Murrieta. If the grant, subsidy, or
reimbursement is received after the Start-Up Period, it shall be offset against Costs for Service in the
period in which it is received.
E.Payment Methodology.
Notwithstanding the estimates provided in Exhibits C-1, the amount paid by Menifee to
Murrieta for the Start-Up Costs shall be the actual costs incurred by Murrieta, even if such
costs exceed (or are less than) the estimate.
Menifee shall make payments to Murrieta for its share of the Start-Up Costs in accordance with the
invoicing and payment procedure set forth in Section 5(d) of the Agreement.
Unless otherwise indicated, capitalized terms used in this Exhibit C have the meaning set forth in the agreement to
which this Exhibit C is attached.
DocuSign Envelope ID: 38301974-1264-4565-9C7F-2DE41982D290
01375.0010/872796.1
EXHIBIT "C-1"
Equipment, Hardware, and Software
Menifee Dispatching Services
Hardware and Software Costs by Year
08/05/2019
Summary
FY19 - Year One Costs
CAD Workstation Inform CAD Software License Fees $ 20,000.00
CAD Mapping Inform CAD software License Fees $ 1,000.00
CAD NCIC/State Query Position Inform CAD Software License Fees $ 1,000.00
CAD Mobile Base with CJIS/NCIC Forms Inform Mobile Software License Fees $ 20,000.00
CAD Mobile Mapping Inform Mobile Software License Fees $ 4,000.00
CAD Mobile Server Software (C 101•250 Positions)Inform Mobile Implementation Services $ 10,000.00
Inform RMS Inform RMS software license Fees $ 13,500.00
Inform RMS NCIC/State Software Inform RMS software license Fess $ 2,500.00
Annual Maintenance for new Software This cost reflects adding additional software licenses $ 15,776.32
50% of Total Trttech/Central Square CAD/RMS Quoted Add-on only
Cost $ B7,n6.32
Inform CAD Business Analysis and Consultation Service 1·day
Remote Project Maragement Costs $700.00
Product Name Unit Price Qty Total Price
Inform RMS Business Analysis and Consultation Services 2·
days Remote Project Management Costs $ 1,400.00
Project Management from Central Square Project Managemeet Costs $ 6,250.00
50% of Project Management Services Cost .....,.$--8-,35---0-.00-
Annual Maintenance for Menifee Portion of Central Square This cost reflects Menifee's share of 36% of the existing annual
Software
Crossroads Crash Software
Property & Evidence Hardware
maintenance $ 22,555.54
Total Menifee Portion of Annual Maintenance $ 22,555.54
Site license• To Be Installed on June 1, 2020 w/ bill due 7/1/2020 $
Total Addltonal Required Software--,-$
Zebra and Topaz label printers, signature pads and scanners $ 5,889.77
Total P&E Hardware Costs $ 5,889.77
Duo Software {2FA)2FA Software (Annually)$ 7,424.00
Endpoint Protection Carbonblack security software for dispatch computers $644.80
MS Core CAL
Client access license for Window machines for Dispatch computers $ 1,580.00
MS Office CAL Microsoft Office license for dispatch computers $ 1,536.00
Total Software Costs _$_1_1_,184 80-
Desktop Computer Dell 7060 SFF 5 Year Warranty Plus Tariff Increase for Dispatch plus extra
video card $ 4,000.00
22" Monitor Dell P2117H for Dispatch (4 per computer)$ 3,232.00
Total Hardware Costs ...$.._7_.2_3_2_.oo_
PCM·G Network Services Network services to configure and establish the network between
Menifee and Murrieta $ 31,601.77
internet {Failover)Failover Internet Connection (Monthly)$899.00
internet (Primary)Primary Internet Connection· Shared Cost (Monthly)$668.98
Total Network Services Cost $ 33,169.7S
Grand Total (does not include taxes) $ 176,158.18
NOTE:
Central Square agreed to payment terms of 50% at start and 50% at go.live
DocuSign Envelope ID: 38301974-1264-4565-9C7F-2DE41982D290