Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
062210 CC Agenda
El • is In compliance with the Americans with Disabilities. Act, if you need special assistance to participate in.this meeting, please contact the office of the City Clerk (951) 694 -6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting -[28 CFR 35.102.35.104_ADA Title III. AGENDA TEMECULA CITY COUNCIL . A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS. PARK DRIVE JUNE 22, 2010 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00. P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6 00 'PM Closed �'Sesstom of the :City Council /Temecula Redevelopment YAgency pursuant to G'overnmerit Code Section ww 1) Conference with:`City Attorney;_pursuant to Government Code,Sectiont.54956 ?9(15) with respect 40 one matter of potential litigation. ,VVitk•e6s6e6i to•such maifte�;ith6'; City Aftorney::has determined' that,a;poinf has been reached where there'iis >a significant exposure to,litigation' involving the City and 711'11 on existingrfacts =and circumstainces Wfth.,respect to such matter, thei iiy Coun 'ill will also meet pursuant to Government Code Se6tiow54956t9(c) /to decide +wh`ether tamitiate litigation 4 .i "tii r r; t r Public Information concern[ng:existirig litigation• between the City and various parties.. may'be;acquirei] by reviewing . the public documents.hei&by the CityClerk: CALL TO ORDER: Prelude Music: Invocation: Flag Salute: Mayor Jeff Comerchero To be announced Pastor Bill Cate of Trinity Lutheran Church Council Member Roberts Next in Order: Ordinance: 10 -12 Resolution: 10 -49 ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero PRESENTATIONS /PROCLAMATIONS Regional Conservation Authority Presentation Santa Margarita Ecological Reserve Presentation by Dr. Matt Rahn 1 PUBLIC_ COMMENTS A total of 30 minutes is provided so members of the public may address the Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink "Request to Speak ".form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business matters on the agenda, a "Request to Speak" form must be filed with the City Clerk prior to the Council addressing that item. There is a five minute (5) time limit for individual speakers. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members • of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of June 8, 2010. 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10- • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 7 Agreement for Law Enforcement Services .with the County of Riverside RECOMMENDATION:' 4.1 Authorize approval of the law enforcement agreement with the County of Riverside for a term of five years and authorize the Mayor to execute the agreement in final form. 5 Multiple Species Habitat Conservation Plan Fee Schedule for Fiscal Year 2010/11 (LR10 -0013) RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE MULTIPLE SPECIES HABITAT CONSERVATION MITIGATION FEES SCHEDULE FOR THE FISCAL YEAR 2010111 TO MAINTAIN FEE RATES AT FISCAL YEAR 2009110 LEVELS (LR10 -0013) 6 Western Riverside Energy Leadership Partnership • RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING, ENDORSING, AND PARTICIPATING WITH SOUTHERN CALIFORNIA EDISON, WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND ITS PARTICIPATING MEMBER CITIES IN AN ENERGY LEADERSHIP PARTNERSHIP TO BE KNOWN AS "THE WESTERN RIVERSIDE ENERGY LEADERSHIP PARTNERSHIP" (LR10 -0012) 7 Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2010/11 RECOMMENDATION: 7.1 Approve an Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for Fiscal Year 2010/11 in the amount of $65,000. 8 Agreements for Plan Review Services for Fiscal Year 2010/11 RECOMMENDATION: • 8.1 Approve an agreement for Plan Review Services with Bureau Veritas in the amount of $41,667; • 8.2 Approve an agreement for Plan Review Services with Esgil Corporation in the _ _._._._ .. .... . ..... ... ..amount of $41,667 . 8.3 Approve ah agreemeht:for Plan-Review Services with Tom Haney in the amount of $41,666. 9 Authorize Temporary Street Closure for the Street Painting Festival in Old Town (Main Street between Old Town Front Street and Mercedes Street) RECOMMENDATION: 9.1 Receive and file the following proposed action by the City Manager: . Temporarily close Main Street between Old Town Front Street and Mercedes for the: '2010 OLD TOWN TEMECULA STREET PAINTING FESTIVAL' 10 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road (S) and 1st Street; Main Street from the East Edge of the Children's Museum Driveway to Mercedes Street; Moreno Road; 2nd Street; 3rd Street; 4th Street: 5th Street; 6th Street; and Mercedes Street between Moreno Road and 2nd Street for the "2010 Star Spangled 4th of July Parade" • RECOMMENDATION: 10.1 Receive and file the following proposed action by the City Manager: Temporarily close Old Town Front Street and other related streets for the: '2010 STAR SPANGLED 4TH OF JULY PARADE' 11 Authorize Temporary Street Closures of certain portions of Margarita Road, Pauba Road and abutting streets for the "July 4th, 2010 Fireworks Show" RECOMMENDATION: 11.1 Receive and file the following proposed action by the City Manager: Temporarily close certain portions of Margarita Road, Pauba Road and abutting streets for the: 'JULY 4th 2010 FIREWORKS SHOW' 12 Purchase and Installation Agreement for Installation of Video Management Equipment in the Traffic Operations Center, being constructed within the Old Town Civic Center — Proiect No PW06 -07 RECOMMENDATION: • 12.1 Approve the Purchase and Installation Agreement with Crosstown Electrical & Data, Inc., in the amount of $123,775; 4 • 12.2 Authorize the City Manager to approve change orders not.to exceed the contingency amount of $12;377 which is equal to 10% of the contract amount. 13 Award a Construction Contract for the Citywide Concrete Repairs Project, Fiscal Year - 9r1n9 /1n- PrniarfNn- PW10 =0 9- - - - -- RECOMMENDATION: - 13.1 Award a construction contract for Project No. PW10 -02, Citywide Concrete Repairs - Fiscal Year 2009/10, to Mamco, Inc. in the amount of $170,170.70; 13.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $ 42,542.68, which is equal to 25% of the contract amount. 14 Award a Construction Contract for Road and Storm Drain Repair at Rancho California Road - Project No. PW09 -08 RECOMMENDATION: 14.1 Award a construction contract for Project No. PW09 -08, Road and Storm Drain Repair at Rancho California Road, to ATOM Engineering Construction in the amount of $45,359; • 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $9,071.80 which is equal to 20% of the contract amount; 14.3 Authorize the transfer of Proposition 1 B funds from the Road and Strom Drain Repair at Rancho California Road project in the amount of $60,347 into the Road Reconstruction at Jedediah Smith Road project account in order to fund anticipated administration and construction engineering costs; 14.4 Make a finding that the Road and Storm Drain Repair at Rancho California Road project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 15 Annual Purchase Agreement for Fiscal Year 2010/11 for the Purchase of Asphalt Products RECOMMENDATION: 15.1 Approve the purchase agreement for Fiscal Year 2010111 with CalMat (dba Vulcan Materials Company) in the amount of $100,000. 16 Annual Purchase Agreement for Citywide Street Name Signs, for Fiscal Year 2010/11 RECOMMENDATION: 16.1 Approve an annual agreement with Main Street Signs in the amount of $75,000 • for Fiscal Year 2010/11. 5 • 17 Approval of Purchase and Sale Agreement for acquisition in fee of the real property. commonly known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel Number 910 - 262 =008 in connection with the City's proposed French Valley Parkway /Interstate -15 Over - Crossinq and Interchange Protect = Protect Nos: PW02 -11 and PW07 -04 RECOMMENDATION: - -- - 17.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BASICS ETC. CORPORATION IN CONNECTION WITH THE FRENCH VALLEY PARKWAY /INTERSTATE -15 OVER - CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT - PROJECT NUMBERS PW02 -11 AND PW07 -04 17.2 Authorize the Finance Director to issue a warrant for the sum of $2,335,000 plus escrow fees for deposit with the Escrow Holder First American Title Insurance to complete the transaction. Escrow fees are estimated to not exceed $15,000; • 17.3 Authorize the City Manager to approve and execute any necessary documents, including the lease in the form substantially attached as Exhibit "C" to the Purchase and Sale Agreement, and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. 18 Approval of Blue Ribbon Committee Nominations at the request of the Quality of Life/Temecula 2030 Subcommittee (Mayor -Pro Tern Ron Roberts and Council Member Chuck Washington) RECOMMENDATION: 18.1 Approve the Blue Ribbon Committee nominations as submitted by the Quality of Life/Temecula 2030 Master Plan Subcommittee. 19 Procurement of ShoreTel Phone and GFI FAX System - Civic Center Installation RECOMMENDATION: 19.1 Authorize the purchase and installation of ShoreTel Phone equipment from Conduit Networks on the PEPPM Contract for the total amount of $50,452.71, which includes shipping and applicable sales tax; 19.2 Authorize the single source purchase and installation of the GFI Faxmaker solution from Conduit Networks for $14,474.93. 2 0 • RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE CITY OF TEMECULA REDEVELOPMENT AGENCY • • TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 10 -01 Resolution: No. CSD 10 -05 CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington CSD PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Board of Directors on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. CSD CONSENT CALENDAR 20 Action Minutes RECOMMENDATION: 20.1 Approve the action minutes of June 8, 2010. 21 Community Services Technical Support RECOMMENDATION: 21.1 Approve the Agreement between the Temecula Community Services District and Timmy U Productions in the amount of $55,000 to provide technical support at Citywide special events and programs as needed. U • 22 - Food and Beverage Sales Agreement between the Temecula Community Services District and Stadium Pizza Redhawk LLC for the Patricia H. Birdsall Sports Park 22.1 Approve the Food and Beverage Sales Agreement between the Temecula Community Services District (TCSD) and Stadium Pizza Redhawk, LLC, for the Patricia H. Birdsall Sports Complex. 23 Temecula Community Services District Fiscal Year 2010/11 Annual Maintenance Agreements RECOMMENDATION: 23.1 Approve the minor annual maintenance and construction contracts for Fiscal Year 2010/11 with: Craftsmen Plumbing & Heating for an amount not to exceed $100,000 Imperial Paving Company, Inc. for an amount not to exceed $100,000 NPG, Inc. for an amount not to exceed $100,000 Del Rio Enterprise for an amount not to exceed $75,000 Witcher Electric for an amount not to exceed $75,000 Strong's Painting for an amount not to exceed $75,000 Power Distributors, Inc. for an amount not to exceed $75,000 Musco Sports Lighting, LLC for an amount not to exceed $75,000 Tiger Equipment, Inc. for an amount not to exceed $50,000 • T.D. Grogan Construction for an amount not to exceed $50,000 Moore Fence Company, Inc. for an amount not to exceed $50,000 J. M. Justus Fence Company for an amount not to exceed $50,000 24 Agreement with Excel Landscape, Inc. for Landscape Maintenance Services for Fiscal Year 2010/11 RECOMMENDATION: 24.1 Approve a contract with Excel Landscape, Inc. for Landscape Maintenance Services in the amount of $2,121,224 for Fiscal Year 2010111; 24.2 Authorize General Manager to approve additional work not to exceed the contingency amount of $212,122 which is equal to 10% of the Agreement. CSD DEPARTMENTAL REPORT 25 Monthly Departmental Report L J 0 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS _ CSD ADJOURNMENT Next regular meeting: Tuesday, July 13, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula. California. • 10 Next in Order: Ordinance: No.. RDA 10 -01 Resolution: No. RDA 10 -08 CALL TO ORDER: Chair Person Mike Naggar " ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Redevelopment Agency on items that are not listed on the agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the Board of Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name for the record. For all other agenda items, a "Request to Speak" form must be filed with the City Clerk Prior to the Board of Directors addressing that item. There is a five (5) minute time limit • for individual speakers. Anyone wishing to address the Board of Directors should present a completed pink "Request to Speak" form to the City Clerk. When you are called to speak, please come forward and state your name for the record. RDA CONSENT CALENDAR 26 Action Minutes RECOMMENDATION: 26.1 Approve the action minutes of June 8, 2010. 27 Residential Improvement Program RECOMMENDATION: 27.1 Adopt a resolution entitled: RESOLUTION NO. RDA 10- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE RESIDENTIAL • IMPROVEMENT PROGRAM 11 28:1 Adopt a resolution entitled: RESOLUTION NO. RDA 10 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE REVISED FACADE IMPROVEMENT PROGRAM 29 Annual Contracts for Keyser Marston Associates, Inc. for Real Estate Economic and Affordable Housing Consulting Services for Fiscal Year 2010/11 RECOMMENDATION: 29.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $50,000 to provide as- needed Real Estate Economic Consulting Services for Fiscal Year 2010/11; 29.2 Approve an agreement with Keyser Marston Associates, Inc. in the amount of $75,000 to provide as- needed Affordable Housing Consulting Services for Fiscal Year 2010/11. • 30 Agreement between Melody's Ad Works and the Redevelopment Agency for Fiscal Year 2010/11 RECOMMENDATION: 30.1 Approve an agreement with Melody's Ad Works in the amount of $39,700 for promoting and marketing Special Events in Old Town for Fiscal Year 2010/11; 30.2 Approve an additional $5,000 as a material reimbursement to be utilized for consultant to procure items at a discounted rate for special events in Old Town, in addition to $290 for reimbursable expenses incurred in FY. 2009/10. RDA DEPARTMENTAL REPORT 31 Redevelopment Department Monthly Report RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, July 13, 2010, at 5:30 P.M., for a Closed Session, with regular • session . commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula, California. 12 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 32 Adopt Draft City of Temecula Sustainability Plan RECOMMENDATION: 32.1 Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY OF TEMECULA SUSTAINABILITY PLAN (LR08 -0007) 33 Planning Commission Appointments RECOMMENDATION: 33.1 Appoint two applicants to serve full three -year terms on the Planning Commission through June 15, 2013. DEPARTMENTAL REPORTS is 34 Planning Department Monthly Report 35 Public Works Department Monthly Report 36 City Council Travel /Conference Report - May 2010 37 Police Department Monthly Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, July 13, 2010, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive, Temecula, California. 13 PRESENTATIONS CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 8, 2010 — 7:00 PM 6:15 P.M. - Closed Session of the pursuant to Government Code Section: a 1) Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and City related entities based on existing facts and circumstances. With respect to such matter, the City Council will also meet pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:15 P.M., Mayor Comerchero called the City Council meeting to order and recessed the meeting to Closed Session to consider the matter described for Closed Session on the agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Jeff Comerchero Prelude Music: Cindy Broz - Flutist Invocation: Shawn Nelson Flag Salute: Council Member Naggar A Moment of Silence in Honor of John Davis, Todd Davis, Monisa Emilio, Gloria Murillo, and Jose Murillo ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero ABSENT: Roberts 1 PUBLIC COMMENTS Kim Wilder -Lee, Temecula, informed the Council Members of the Temecula Environmental Award Design and introduced the winner of the award. CITY COUNCIL REPORTS CONSENT CALENDAR Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 2.1 Approve the action minutes of May 25, 2010. 3 List of Demands - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATON: 3.1 Adopt a resolution entitled: RESOLUTION NO. 10-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurer's Report as of April 30, 2010 - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of April 30, 2010. 5 Trustee /Fiscal Agent Services for Fiscal Year 2010 -2011- Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 5.1 Approve the expenditure of $54,725 for fiscal year 2010 -11 trustee /fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), Tax Allocation Bonds (TABS), and Certificates of Participation (COPS). 6 Amendments to Various Agreements regarding Peer Review of Liberty Quarry Draft EIR and Analysis of Aggregate Mining Operations - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 6.1 Approve the Second Amendment to Agreement with Cato Geoscience to extend the agreement term through June 30, 2011 for Corona /Temecula 1 -15 Corridor Aggregate Study; 6.2 Approve the Third Amendment to Agreement with Fehr and Peers, Transportation Consultants, to extend the agreement term through June 30, 2011 for review of traffic and transportation section of the Liberty Quarry Draft EIR; 6.3 Approve the Third Amendment to Agreement with PCR Services Corporation, Air Quality Consultants, to extend the agreement term through June 30, 2011 for review of air quality section of the Liberty Quarry Draft EIR. 7 Voter Approved Measure C Annual Special Tax Levy - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 10-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2010 -2011 TO PROVIDE FOR RECREATION AND HUMAN SERVICES PROGRAMS AND THE OPERATION, MAINTENANCE, AND SERVICING OF PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS 8 Resolution Adopting Fiscal Year 2010 -2011 Solid Waste Rates - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 10-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2010 -2011 9 Amendments to Annual Agreements for various services required by the Public Works Traffic Division for Fiscal Year 2010 -2011 - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 9.1 Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2010 -2011 for various Traffic Division operational needs: Traffic Division Amendments Counts Unlimited, Traffic counts citywide $20,000 Crosstown Electrical & Data, CCTV camera & equipment maintenance $20,000 Republic ITS, Traffic signal repair and maintenance $40,000 10 Amendments to Annual Aareements for various services reauired by the Public Works Maintenance Division for Fiscal Year 2010 -2011 - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 10.1 Approve the following amendments to annual agreements in the amounts stated for Fiscal Year 2010 -2011 for vehicle repair & maintenance, hazardous material clean up services, and city street light maintenance and repair services for various Maintenance Division needs: Vehicle Repair & Maintenance Services AFS Ironman $30,000 Altec Industries $30,000 Mobile Truck Service $20,000 Hazardous Material Clean Up Services Haz Mat Trans $30,000 Street Light Maintenance and Repair Services Republic ITS $30,000 11 Acceptance of certain Public Streets into the Citv- Maintained Svstem within Tract Ma No. 28482 (northwesterly of the intersection of Rancho California Road and Meadows Parkway at Royal Oaks Drive in Temeku Hills Subdivision) - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 10-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED SYSTEM (WITHIN TRACT MAP NO. 28482) 12 First Amendment to the Annual Aareement for Landscape Plan Check and Inspection Services for Fiscal Year 2010 -2011 - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 12.1 Approve the First Amendment to the Annual Agreement with David Neault Associates, Inc. in the amount of $100,000 to continue to provide as needed Landscape Plan Check and Inspection Services for Fiscal Year 2010 -2011. 13 Award of a Construction Contract for Road Reconstruction at Jedediah Smith Road Project No. PW09 -10 - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 13.1 Authorize the transfer of Proposition 1 B funds from the Road and Storm Drain Repair at Rancho California Road project in the amount of $150,000 and the Slurry Seal at Roripaugh Hills, Campos Verdes, and Nicolas Valley Area project in the amount of $107,342.75 into the Road Construction at Jedediah Smith Road project account in order to fully fund the project; 13.2 Award a construction contract for Project No. PW09 -10, Road Reconstruction at Jedediah Smith Road, to ICE Engineering in the amount of $429,402.50; 13.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $42,940.25, which is equal to 10% of the contract amount; 13.4 Make a finding that the Road Reconstruction at Jedediah Smith Road project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 14 Award of a Construction Contract for the Citywide Slurry Seal Project Fiscal Year 2009- 10, Roripaugh Hills, Campos Verdes Tract and Nicolas Valley Area, Project No. PW09- 06 - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 14.1 Award a construction contract for Project No. PW09 -06, Citywide Slurry Seal Project Fiscal Year 2009 -10, Roripaugh Hills, Campos Verdes Tract and Nicolas Valley Area, to Roy Allan Slurry Seal, Inc. in the amount of $421,208.55; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $42,120.86 which is equal to 10% of the contract amount. 15 Amendment to Furniture Purchase and Installation Aareement for the Old Town Civic Center, Project No. PW06 -07 - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 15.1 Approve the First Amendment to the Furniture Purchase and Installation Agreement with Tangram for $1,499,061.87 to furnish and install systems and freestanding furniture for the Old Town Civic Center; 15.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $25,000. 16 Direction of Local Agency to Review Conflict of Interest Code - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 16.1 Direct staff to review the City's Conflict of Interest Code, no later than October 1, 2010. At 7:10 P.M., the City Council convened as the Temecula Community Services District and the Redevelopment Agency. At 7:32 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 23 Review and Adoption of the Fiscal Year 2010 -2011 Annual Operatina Budaet - Approved Staff Recommendation (4 -0 -1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 23.1 Adopt a resolution entitled: RESOLUTION NO. 10-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FY 2010 -11 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 23.2 Adopt a resolution entitled: RESOLUTION NO. 10-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 23.3 Adopt a resolution entitled: RESOLUTION NO. 10-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2010 -11 24 Review and Adoption of the Fiscal Year 2011 -15 Capital Improvement Proaram Budaet - Approved Staff Recommendation (4 -0 -1) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with the exception of Council Member Roberts who was absent. RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. 10 -48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2011 -15 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2010 -11 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that with regard to the Closed Session item, there was no reportable action. ADJOURNMENT At 7:53 P.M., the City Council meeting was formally adjourned to Tuesday, June 22, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] 0 Jeff Comerchero, Mayor Item No. 3 Approvals City Attorney /V Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Genie Roberts, Director of Finance DATE: June 22, 2010 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Yonker, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $3,352,799.33. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of June, 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of June, 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG1 011�Ko1l1►NllNdiIAdi1:l4:&1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 06/03/2010 TOTAL CHECK RUN 06/10/2010 TOTAL CHECK RUN 06/10/2010 TOTAL PAYROLL RUN: $ 145,197.57 2,758,123.12 449,478.64 TOTAL LIST OF DEMANDS FOR 06/22/2010 COUNCIL MEETING: $ 3,352,799.33 DISBURSEMENTS BY FUND CHECKS: 001 GENERAL FUND $ 1,986,698.04 130 RECOVERY ACT JAG FUNDING 1,658.84 165 AFFORDABLE HOUSING 38,339.30 190 TEMECULA COMMUNITY SERVICES DISTRICT 295,194.00 192 TCSD SERVICE LEVEL B 143.82 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 14,570.07 194 TCSD SERVICE LEVEL D 1,351.57 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 5,045.38 197 TEMECULA LIBRARY FUND 15,455.39 210 CAPITAL IMPROVEMENT PROJECTS FUND 107,268.83 280 REDEVELOPMENT AGENCY - CIP PROJECT 326,568.83 300 INSURANCE FUND 23,356.05 320 INFORMATION SYSTEMS 45,143.21 330 SUPPORT SERVICES 13,809.25 340 FACILITIES 21,401.91 375 SUMMER YOUTH EMPLOYMENT PROGRAM 1,135.99 475 CFD03 -3 WOLF CREEK DEBT SERVICE FUND 264.00 477 CFD- RORIPAUGH 1,003.40 700 CERBT CALIFORNIA BE RETIREE - GASB45 4,912.81 001 GENERAL FUND $ 264,152.91 165 AFFORDABLE HOUSING 7,218.20 190 TEMECULA COMMUNITY SERVICES DISTRICT 109,003.84 192 TCSD SERVICE LEVEL B 135.56 193 TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE 3,398.26 194 TCSD SERVICE LEVEL D 1,422.04 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,223.64 197 TEMECULA LIBRARY FUND 380.16 280 REDEVELOPMENT AGENCY - CIP PROJECT 4,293.96 300 INSURANCE FUND 1,405.41 320 INFORMATION SYSTEMS 23,516.94 330 SUPPORT SERVICES 5,447.72 340 FACILITIES 8,746.41 375 SUMMER YOUTH EMPLOYMENT PROGRAM 3,705.79 700 CERBT CALIFORNIA BE RETIREE- GASB45 15,427.80 TOTAL BY FUND: $ 2,903,320.69 449,478.64 $ 3,352,799.33 apChkLst Final Check List Page: 1 06/03/2010 5:11:24PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 138999 06/032010 004973 ABACHERLI, LINDI TCSD instructor earnings 880.00 TCSD instructor earnings 800.00 1,680.00 139000 06/032010 012985 ANDERSON & HOWARD May Cabling Install:Civic Center 60,001.15 60,001.15 ELECTRIC INC 139001 06/032010 005623 BAIRD, LESLIE refund:magical wizards 2450.102 50.00 50.00 139002 06/032010 011007 BARNETT, KIRK reimb: rivet nut insert tool Stn 84 88.49 88.49 139003 06/032010 013380 BIRTH, BREASTFEEDING & TCSD Instructor Earnings 140.00 140.00 BEYOND 139004 06/032010 006908 C C & COMPANY INC entertainment: clowns for expo 6/5 700.00 700.00 139005 06/032010 000131 CARL WARREN & COMPANY Apr Liability Claims Mgmt Svc:Finance 4,678.31 4,678.31 INC 139006 06/032010 013584 CLEAR SIGN & DESIGN INC Rules Signage:Parking Structure 967.05 967.05 139007 06/032010 013016 CR STUDIO 4 TCSD Instructor Earnings 56.00 56.00 139008 06/032010 007057 DERNBACH, ESTHER MARIE TCSD instructor earnings 630.00 TCSD instructor earnings 577.50 TCSD instructor earnings 420.00 TCSD instructor earnings 367.50 1,995.00 139009 06/032010 003317 DOMENOE, CHERYL reimb: refreshments Yth Gov't 62 -3 69.39 69.39 139010 06/032010 011202 E M H SPORTS & FITNESS TCSD instructor earnings 630.00 TCSD instructor earnings 280.00 910.00 139011 06/032010 002982 FRANCHISE TAX BOARD #330383649 2010 Form 592 140.00 140.00 139012 06/032010 002982 FRANCHISE TAX BOARD Withholding Payment 125.00 125.00 Page :1 apChkLst Final Check List Page: 2 06/03/2010 5:11:24PM CITY OF TEMECULA 139013 06/03/2010 011967 FULL VALUE ENTERTAINMENT sttlmnt: Live at the Merc 5/28 315.70 sttlmnt: Live at the Merc 5/21 87.50 403.20 139014 06/032010 003946 G T ENTERTAINMENT DJ svcs:TCSD Expo 6/5 250.00 250.00 139015 06/032010 013076 GAUDET, YVONNE M. TCSD Instructor Earnings 400.40 400.40 139016 06/032010 013614 GOLEM, CHRISTINE refund:stop pymt fee Rehab Financial 20.00 20.00 139017 06/032010 011826 GRIP, JERRY Reimb: parking Veh Horn Cf 5/18 -21 45.00 45.00 139018 06/032010 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Earnings 500.50 TCSD Instructor Earnings 318.50 819.00 139019 06/032010 013615 HERNANDEZ, HEATHER TCSD Instructor Earnings 1,890.00 1,890.00 139020 06/032010 007792 HINTON, BEVERLY L. TCSD instructor earnings 66.50 66.50 139021 06/032010 012912 INLAND VALLEY BRIDGE, UNIT refund:rm rental:MPSC 54.00 54.00 #534 139022 06/032010 010766 INLAND VALLEY YOUTH sttlmnt: performance 527 562.89 562.89 SYMPHONY 139023 06/032010 001186 IRWIN, JOHN TCSD instructor earnings 411.60 TCSD instructor earnings 313.60 TCSD instructor earnings 111.30 836.50 139024 06/032010 004813 M &J1 PAUL ENTERPRISES INC Inflatible bounce rental: expo 6/5 1,200.00 1,200.00 139025 06/032010 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 770.00 TCSD Instructor Earnings 420.00 TCSD Instructor Earnings 196.00 1,386.00 139026 06/032010 010979 MEDIA STOP Video srvcs:every 15 min pgrm 1,880.00 1,880.00 139027 06/032010 007210 MIDORI GARDENS Ldscp maint & repair:crown hill park 1,328.00 Ldscp img. repairs: btrfld stage park 605.25 Page :2 apChkLst Final Check List Page: 3 06/03/2010 5:11:24PM CITY OF TEMECULA Ldscp maint:paseo ganante park 468.00 2,401.25 139028 06/032010 013390 MILLER, JOSHUA TCSD Instructor Earnings 385.00 TCSD Instructor Earnings 140.00 525.00 139029 06/032010 012962 MILLER, MISTY TCSD Instructor Earnings 1,102.50 1,102.50 139030 06/032010 012580 MINUTEMAN PRESS Misc. printing: b &s dept. 47.51 47.51 139031 06/032010 012264 MIRANDA, JULIO C. TCSD Instructor Earnings 462.00 TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 21.00 798.00 139032 06/032010 001868 MIYAMOTO- JURKOSKY, SUSAN TCSD Instructor Earnings 453.60 TCSD Instructor Earnings 436.80 TCSD Instructor Earnings 340.20 1,230.60 139033 06/032010 013375 MYERS- RUSSO, ERICA TCSD Instructor Earnings 352.80 TCSD Instructor Earnings 100.80 TCSD Instructor Earnings 84.00 TCSD Instructor Earnings 33.60 571.20 139034 06/032010 000727 NATIONAL FIRE PROTECTION 2 sets of code books: Fire Prev 362.08 362.08 ASSN 139035 06/032010 012100 OUR NICHOLAS FOUNDATION Council Comm. Service Funding 1,000.00 1,000.00 139036 06/032010 013418 PENWORTHY COMPANY, THE Misc materials: library 987.34 987.34 139037 06/032010 012251 PORTRAIT PRODUCTIONS TCSD Instructor Earnings 378.00 378.00 139038 06/032010 011952 RAD HATTER, THE Entertainment:csd expo 6/5 500.00 FTB withholding requirement - 125.00 375.00 139039 06/032010 000262 RANCHO CALIF WATER May var water meters:TCSD 17,104.49 DISTRICT May water meters:30875 rncho vista 406.19 May var water meters:30650 pauba rd 217.06 Mayvar water meters:30650 pauba rd 13.88 17,741.62 139040 06/032010 009725 RAZAVI, MANDIS TCSD Instructor Earnings 526.40 TCSD Instructor Earnings 480.00 Page :3 apChkLst 06/03/2010 5:11:24PM 139041 06/03/2010 013138 RISCH, VICKI G. 139042 06/03/2010 002226 RUSSO, MARYANNE iKPPLSi�P .iL�RiYA ➢[�i�PFFP.I�Z.9G101:IH 70�H1111�01 Final Check List CITY OF TEMECULA reimb:art supplies/high hopes prgm TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings Country @ the Merc 522/10 139044 06/032010 013604 SANTIAGO ESTATES 12, LLC refund:eng grad dep:TM 9833 139045 06/032010 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings 139046 06/032010 009213 SHERRY BERRY MUSIC 139047 06/032010 000645 SMART & FINAL INC 139048 06/032010 000537 SO CALIF EDISON Jazz the Merc 520/10 Jazz the Merc 527/10 Misc supplies: High Hopes Prgm May 2 -29- 224- 0173:Fire Stns May 2 -31- 404 - 6020:28771 OT front st May 2 -29- 933- 3831:FOC May 2 -31- 536 - 3655:41904 main st May 2 -02- 351- 4946:Sr Ctr May 2 -29- 295 - 3510:32211 wolf vly rd May 2 -18- 937 - 3152:41950 moreno rd May 2 -29- 223 - 8607:42035 2nd st PED May 2 -20- 817 - 9929:28410 OT front st May 2 -31- 536 - 3481:41902 main st May 2 -19- 171 - 8568:41970 moreno rd May 2 -14- 204 - 1615:30027 front st rdio May 2 -27- 371 - 8494:42189 winchester May 2 -31- 912 - 7494:28690 mercedes May 2 -31- 282 - 0665:27407 diaz PED May 2 -29- 657 - 2787:41638 winchester May 2 -31- 419 - 2873:43000 hwy 395 May 2 -29- 807 - 1093:28079 diaz PED May 2 -29- 807 - 1226:28077 diaz PED May 2 -31- 031 - 2616:27991 diaz PED 139049 06/032010 001212 SO CALIF GAS COMPANY May 091 - 024 - 9300 - 5:30875 rncho vista 139.43 39.90 847.00 693.00 483.00 265.50 F 3911( 420.00 367.50 336.00 251.01 1,517.93 1,355.87 1,354.25 1,141.32 1,115.12 894.10 724.21 412.90 205.63 167.74 84.07 35.54 28.35 24.24 24.04 23.30 23.30 22.58 21.36 21.26 1,848.91 Page: 4 1,145.83 39.90 2,023.00 265.50 FWmlill 420.00 703.50 251.01 9,197.11 Page :4 apChkLst Final Check List Page: 5 06/03/2010 5:11:24PM CITY OF TEMECULA May 021 - 725 - 0775 -4:Sr Ctr 103.83 May 101 - 525 - 1560 - 6:27415 enterprise 76.92 May 026 - 671 - 2909- 8:Comm Theater 65.39 May 101 - 525 - 0950- 0:Comm Ctr 62.86 May 133 - 040 - 7373- 0:Maint Fac 55.25 May 181 - 383 - 8881- 6:Museum 31.00 May 196 - 025 - 0344 -3:C. Museum 10.12 2,254.28 139050 06/03/2010 002015 STAR WAY PRODUCTIONS Sound equip maint & repair:crc 230.00 230.00 139051 06/03/2010 001505 STEFFEN, SUE reimb:quality of life mtg 6/2/10 98.07 98.07 139052 06/032010 009061 STURDIVANT, ANGELA P. TCSD Instructor Earnings 308.70 308.70 139053 06/032010 005970 TEMECULA VALLEY PLAYERS "Rent" production May'10 7,814.09 7,814.09 139054 06/032010 013261 THINKWELL GROUP INC "Play Room" exhibit:childrens museum 2,500.00 2,500.00 139055 06/032010 012626 TOMSETH, DIANA H. TCSD Instructor Earnings 175.00 175.00 139056 06/032010 013474 TOWN & COUNTRY TOWING Towing services:police 5/12 150.00 150.00 139057 06/032010 012725 TRZOP, MICHELLE TCSD Instructor Earnings 1,960.00 TCSD Instructor Earnings 1,960.00 TCSD Instructor Earnings 1,288.00 TCSD Instructor Earnings 1,213.33 6,421.33 139058 06/032010 004794 VALLEY WINDS COMMUNITY Al Valley Honor Band performance 525 550.60 550.60 139059 06/032010 004261 VERIZON May xxx -5706 gen usage:FOC 182.81 May xxx -9196 gen usage:TCC SAFE 170.52 May xxx -2016 gen usage:Reverse 911 122.08 May xxx -3526 gen usage:fre alarm 109.65 May xxx -2676 general usage 36.55 May xxx -5696 gen usage:sports comp 36.55 658.16 139060 06/032010 013613 WORTHINGTON, PAULA reimb:FAM Night supplies 62.51 62.51 Grand Total All Checks: 145,197.57 Page :5 apChkLst Final Check List Page: 6 06/03/2010 5:11:24PM CITY OF TEMECULA 62 checks in this report. Grand Total All Checks: 145,197.57 Page :6 apChkLst Final Check List Page:1 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 1480 06/10/2010 000245 PERS- HEALTH INSUR PERS Health Admin Cost Payment 72,477.24 PREMIUM Blue Shield HMO Payment 0.00 72,477.24 1481 06/10/2010 000444 INSTATAX (EDD) State Disability Ins Payment 25,861.20 25,861.20 1482 06/10/2010 000283 INSTATAX (IRS) Federal Income Taxes Payment 82,409.24 82,409.24 1483 06/10/2010 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 14,894.56 14,894.56 SOLUTION 1484 06/10/2010 000642 TEMECULA CITY FLEXIBLE Child Care Reimbursement Payment 8,648.02 8,648.02 1485 06/10/2010 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 112,130.50 112,130.50 RETIREMENT) 1486 06/10/2010 010349 CALIF DEPT OF CHILD Support Payment 553.84 553.84 SUPPORT 1487 06/10/2010 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,338.02 3,338.02 SOLUTION 139061 06/102010 013580 27511 YNEZ ROAD LLC facility rental: Youth Job Expo 4/17 800.00 800.00 139062 06/102010 003552 A F L A C AFLAC Cancer Payment 3,409.70 3,409.70 139063 06/102010 013367 ACTIVE MICRO INC Misc Tools & Equipment: PW Traffic 119.62 119.62 139064 06/102010 004802 ADLERHORST INTERNATIONAL May Training:Police K -9 Casper 141.67 INC K -9 Handler Basic Trn:6 /14 -723 4,200.00 4,341.67 139065 06/102010 004180 ADVISORS MARKETING promo items:var TCSD programs 3,302.35 3,302.35 GROUP, THE 139066 06/102010 004432 ALBERTSONS GROCERY refresh ments:mpsc sd cc fair 624 198.00 198.00 STORE 139067 06/102010 009374 ALLEGRO MUSICAL VENTURES 529 Piano Maint: Theater 150.00 150.00 139068 06/102010 006915 ALLIE'S PARTY EQUIPMENT equip rental: children's museum 52.97 equip rental :Western Days 5/15 -16 781.07 834.04 139069 06/102010 003821 ALLSTAR FIRE EQUIPMENT Fire Equip Repair: Stn 84 113.25 113.25 Page:1 apChkLst Final Check List Page:2 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139070 06/102010 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 592.50 (AF N) DUI & drug screenings: Police 829.50 1,422.00 139071 06/102010 000936 AMERICAN RED CROSS lifeguard cert processing: aquatics 200.00 emergency resp manuals:aquatics 80.00 280.00 139072 06/102010 002187 ANIMAL FRIENDS OF THE Apr animal control services 13,000.00 13,000.00 VALLEYS 139073 06/102010 001323 ARROWHEAD WATER INC Bottled wtr Svcs: VRMS 23.29 Bottled wtr Svcs: Council 12.72 Bottled wtr Svcs: PBSP 28.60 Bottled wtr Svcs: TCC 13.51 Bottled wtr Svcs: City Hall 405.50 Bottled wtr Svcs: Ch Museum 24.01 Bottled wtr Svcs: Fld Op Ctr 162.37 Bottled wtr Svcs: Maint Facility 121.92 Bottled wtr Svcs: CRC 86.67 Bottled wtr Svcs: Skate Park 6.51 Bottled wtr Svcs: Theater 39.23 Bottled wtr Svcs: Library 65.68 Bottled wtr Svcs: TV Museum 18.21 1,008.22 139074 06/102010 011438 BAKER, BLYTHE EDEN TCSD Instructor Earnings 1,080.00 1,080.00 139075 06/102010 004205 BALLET FOLKLORICO TCSD Instructor Earnings 192.50 192.50 139076 06/102010 013616 BANK BUILDING refund:eng grad dep:apn920- 100 -040 7,000.00 7,000.00 CORPORATION 139077 06/102010 002541 BECKER CONSTRUCTION (3) channel repairs: citywide 12,110.00 12,110.00 SRVS INC 139078 06/102010 004262 BIO -TOX LABORATORIES DUI & drug screenings: Police 1,226.50 DUI & drug screenings: Police 1,273.80 DUI & drug screenings: Police 988.50 DUI & drug screenings: Police 747.34 4,236.14 139079 06/102010 012583 BLANCAY PRICE 426 -5/6 lndscp pinck:Planning 2,250.00 credit: billing adj PA05 -0220 not rec'd - 500.00 1,750.00 139080 06/102010 009127 BOCA SYSTEMS INC ticket stock: Theater 1,645.00 1,645.00 139081 06/102010 011421 BRODART COMPANY (58) Books: Library 712.43 712.43 139082 06/102010 011383 CAL STATE SAN MARCOS CSUSM dev costs 32225 Pio Pico Rd 315,000.00 315,000.00 Page:2 apChkLst Final Check List Page:3 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139083 06/10/2010 005071 CALIF ASSN OF PARKS 10/11 mb (5) TCSD Commissioners 175.00 175.00 139084 06/10/2010 009431 CALIF, STATE OF- FRANCHISE Support Payment 82.07 82.07 TAX 139085 06/10/2010 004228 CAMERON WELDING SUPPLY Helium tanks rental /refill: TCSD 47.92 47.92 139086 06/102010 004971 CANON FINANCIAL SERVICES, payoff:001- 0183742 -008 & 009 2,387.06 2,387.06 INC 139087 06/102010 000131 CARL WARREN & COMPANY May Claims Mgmnt Svcs: Finance 4,211.87 4,211.87 INC 139088 06/102010 000137 CHEVRON AND TEXACO City vehicles fuel: CM 338.50 338.50 139089 06/102010 004609 CINTAS DOCUMENT 521 doc shred Svcs: PD /CC 132.48 MANAGEMENT 5/14 doc shred Svcs: Police 34.13 166.61 139090 06/102010 005417 CINTAS FIRST AID & SAFETY first aid supplies:FOC /PW Maint 551.13 first aid supplies: FOC /PW Maint 287.47 838.60 139091 06/102010 012627 CLEAR IMAGE ENTERPRISES window cleaning: City Hall 420.00 INC window cleaning: Fld Op Ctr 198.00 window cleaning: Maint Facility 125.00 743.00 139092 06/102010 003997 COAST RECREATION INC playground equip: PBSP 112.66 112.66 139093 06/102010 004405 COMMUNITY HEALTH Community Health Charities Payment 66.00 66.00 CHARITIES 139094 06/102010 013286 CONNEXON TELECOM INC City Emergency Telecom 250.00 250.00 Routing Svcs 139095 06/102010 002945 CONSOLIDATED ELECTRICAL electrical supplies: theater 343.65 343.65 DIST. 139096 06/102010 012353 CONSTRUCTION TESTING Apr Geotech Testing:Civic Center 3,111.00 3,111.00 139097 06/102010 001264 COSTCO WHOLESALE storage products:recreation pgrm 304.91 refreshments: '10 Expo 6/5 97.76 K -9 Food & Supplies: Police 240.25 artist hospitality supplies: theater 355.56 998.48 139098 06/102010 004123 D L PHARES & ASSOCIATES Jun lease: PD old town storefront 2,828.70 2,828.70 Page:3 apChkLst Final Check List Page:4 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139099 06/102010 012600 DAVID EVANS & ASSOCIATES 328 -5/1 cnslt svc:butterfield rd ext 19,469.07 19,469.07 INC 139100 06/102010 002990 DAVID TURCH & ASSOCIATES Jun federal lobbyist Svcs: CM 3,500.00 3,500.00 139101 06/102010 008943 DEPT OF GENERAL SERVICES case fling: Aroma Spa appeal 66.00 66.00 (DGS) 139102 06/102010 003945 DIAMOND ENVIRONMENTAL portable restrooms: job expo 4/17 337.25 337.25 SRVCS 139103 06/102010 010572 DISCOUNT TIRE CENTER tire replacement: Fire Prev vehicle 815.63 815.63 139104 06/102010 004192 DOWNS COMMERCIAL Fuel for City vehicles: PW Lnd Dv 113.10 FUELING INC Fuel for City vehicles: PW CIP 302.16 Fuel for City vehicles: PW Maint 1,057.33 Fuel for City vehicles: PW Traffic 226.16 Fuel for City vehicles: Code Enf /Pln 462.70 Fuel for City vehicles: B &S 356.91 Fuel for City vehicles: Police 53.68 Fuel for City vehicles: TCSD 15.32 Fuel for City vehicles: TCSD 1,520.74 4,108.10 139105 06/102010 001669 DUNN EDWARDS graffiti removal supplies: PW Maint 21.40 21.40 CORPORATION 139106 06/102010 002528 EAGLE GRAPHIC CREATIONS equipment etch marking: Stn 84 242.78 242.78 INC 139107 06/102010 004068 ECALDRE MANALILI -DE VILLA, TCSD Instructor Earnings 364.00 AILEEN TCSD Instructor Earnings 336.00 TCSD Instructor Earnings 238.00 TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 224.00 TCSD Instructor Earnings 126.00 1,414.00 139108 06/102010 004829 ELLISON WILSON ADVOCACY Jun state lobbyist cnslt: CM 3,500.00 3,500.00 LLC 139109 06/102010 011203 ENVIRONMENTAL CLEANING Mayjanitorial svcs: field locations 3,811.00 3,811.00 139110 06/102010 013532 EWING, RON historical presentation: MPSC 100.00 100.00 139111 06/102010 001056 EXCEL LANDSCAPE landscape maint:harveston slopes 162.00 mainline repair: vineyards 236.10 398.10 Page:4 apChkLst Final Check List Page:5 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139112 06/102010 012170 E -Z UP DIRECT.COM, LLC 10x10 canopy: Skate Park 250.12 250.12 139113 06/102010 000478 FAST SIGNS signs: redhawk community park 217.50 217.50 139114 06/102010 009953 FEDERAL CLEANING Jun janitorial svcs: PD mall office 625.00 625.00 CONTRACTORS 139115 06/102010 003347 FIRST BANKCARD CENTER PAYPAL GR Verisign Payfiow Pro Transaction 59.95 TEMECULA, CITY OF GR cc test bids online: finance 5.00 MARRIOTT HOTEL JC htl:ntl Ig cty CEDsteering 5/13 -14 235.90 MARRIOTT HOTEL JC htl:adj chgs 3/10 -17 Wash DC -87.02 213.83 139116 06/102010 002982 FRANCHISE TAX BOARD Support Payment 50.00 50.00 139117 06/102010 003946 G T ENTERTAINMENT balloon decorations: expo 6/5 1,027.69 1,027.69 139118 06/102010 001937 GALLS INC Uniforms: PD Motorcycle Unit 326.25 Uniform Nameplate: Police 30.45 356.70 139119 06/102010 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Finance 255.86 INC Office Supplies: Central Svcs 69.95 Office Supplies: CRC 231.06 Office Supplies: TCCNth Emp 689.59 Office Supplies: Planning Dept 401.66 Office Supplies: PW 259.86 Office Supplies: MPSC 26.09 Office Supplies: Records 37.80 Office Supplies: City Clerk 625.98 Office Supplies: CM 144.30 2,742.15 139120 06/102010 004910 GLOBAL EQUIPMENT electronic work bench:pw traffic 1,801.89 1,801.89 COMPANY INC 139121 06/102010 009608 GOLDEN VALLEY MUSIC sttlmnt: Classics at the Merc May'10 916.30 916.30 SOCIETY 139122 06/102010 003792 GRAINGER stand assembly: Stn 84 39.55 electric supply cord reels: Stn 84 1,582.32 1,621.87 139123 06/102010 005311 H2O CERTIFIED POOL WATER Mayfountain maint:town square 175.00 SPCL. May pool maint: CRC/TES 900.00 1,075.00 Page:5 apChkLst Final Check List Page:6 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139124 06/10/2010 009950 HALL, JONATHAN reimb: work boots Civic Ctr site work 59.80 59.80 139125 06/10/2010 000186 HANKS HARDWARE INC Hardware supplies: Old Town 10.10 Hardware supplies: CRC 1,074.22 Hardware supplies: City Hall 69.36 Hardware supplies: Maint Facility 33.44 Hardware supplies: PW Traffic 22.38 Hardware supplies: Library 70.34 Hardware supplies: Harveston 32.47 Hardware supplies: Aquatics 71.31 Hardware supplies: Ch Museum 92.25 Hardware supplies: PW Maint 188.18 1,664.05 139126 06/10/2010 001135 HEALTHPOINTE MEDICAL Emp Industrial Care Svcs: HR 185.00 185.00 GROUP INC 139127 06/10/2010 004811 HEWLETT PACKARD (12) HP computer desktops: IS 9,484.95 9,484.95 139128 06/102010 001013 HINDERLITER DE LLAMAS & 2nd qtr sales tax cnslt:finance 4,631.93 4,631.93 ASSOC 139129 06/102010 010210 HOME DEPOT SUPPLY INC, maint supplies: TCSD 1,488.90 THE maint supplies: MPSC 101.14 maint supplies: children's museum 37.42 1,627.46 139130 06/102010 002701 HUB INT'L INSURANCE May special events premiums 1,095.84 1,095.84 SERVCSINC 139131 06/102010 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 6,301.17 6,301.17 303355 139132 06/102010 004406 IGOE & COMPANY INC May flex benefit plan pmt 220.00 220.00 139133 06/102010 013617 INLAND FIRE PROTECTION refund:pin ck fee:tilted kilt hood /duct 383.00 383.00 INC. 139134 06/102010 006914 INNOVATIVE DOCUMENT Apr copier maint /usage: library 1,287.31 SOLUTIONS Apr copier maint /usage:citywide 7,179.44 8,466.75 139135 06/102010 004884 J & W REDWOOD LUMBER CO supplies & Iumber:PW Old Town 33.96 33.96 INC 139136 06/102010 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 220.00 220.00 139137 06/102010 013200 JAROTH INC Jun pay phone:duck pond,library,crc 212.64 212.64 Page:6 apChkLst Final Check List Page:7 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139138 06/10/2010 013620 JOHNSTON, KARI release claims agreement payment 726.53 726.53 139139 06/10/2010 012285 JOHNSTONE SUPPLY equip maint supplies: city hall 377.20 misc tools: TCSD Parks 44.57 misc tools /equip: TCSD parks 400.96 822.73 139140 06/102010 003046 K F R O G 95.1 FM RADIO broadcasting: Western Days 760.00 760.00 139141 06/102010 004947 KOSS INTERNATIONAL CORP. chalk:st painting festival 6/26 -27 931.05 931.05 139142 06/102010 000209 L & M FERTILIZER INC misc tools /equip: Stn 84 95.32 95.32 139143 06/102010 003605 LAKE ELSINORE STORM (45) Storm tickets:high hopes 6/18 337.50 337.50 139144 06/102010 000482 LEIGHTON CONSULTING INC 329 -52 geotech svc: 79 N 3,034.50 3,034.50 139145 06/102010 004905 LIEBERT, CASSIDY & Apr HR legal svcs for TE060 -01 2,288.00 2,288.00 WHITMORE 139146 06/102010 003726 LIFE ASSIST INC Medical Supplies: Paramedics 113.29 Medical Supplies: Paramedics 13.00 126.29 139147 06/102010 004230 LINCOLN EQUIPMENT INC competitor pace clock:CRC pool 347.32 347.32 139148 06/102010 013618 LONES, ANNE refund:lev 2 swim lessons 5102.107 36.00 36.00 139149 06/102010 009263 LOWES HIW INC 10x8 shed:MPSC comm garden 1,140.79 1,140.79 139150 06/102010 008610 M C R STAMPS Entertainment:high hopes 6/04/10 25.00 25.00 139151 06/102010 004772 MARCO AUTO PAINTING & Equip repair & maint:PW Maint 538.78 538.78 BODYWORK 139152 06/102010 004141 MAINTEX INC Misc custodial supplies: crc/foc 255.05 255.05 139153 06/102010 000217 MARGARITA OFFICIALS ASSN May officiating srvcs:csd sports pgrms 4,760.00 4,760.00 Page:7 apChkLst Final Check List Page:8 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139154 06/102010 011920 MASTER CONCEPTS LLC TCSD Instructor Earnings 1,064.00 TCSD Instructor Earnings 997.50 TCSD Instructor Earnings 731.50 TCSD Instructor Earnings 665.00 TCSD Instructor Earnings 332.50 TCSD Instructor Earnings 997.50 TCSD Instructor Earnings 798.00 TCSD Instructor Earnings 1,064.00 TCSD Instructor Earnings 798.00 TCSD Instructor Earnings 332.50 TCSD Instructor Earnings 997.50 8,778.00 139155 06/102010 006571 MELODY'S AD WORKS INC. Jun mktg & promo srvcs:old town 4,000.00 4,000.00 139156 06/102010 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,733.34 7,733.34 COMPANY 139157 06/102010 007210 MIDORI GARDENS Ldscp maint & repair:pablo apis park 220.00 Ldscp maint:tem creek trail park 468.00 Apr Idscp maint srvcs:var parks 70,105.00 70,793.00 139158 06/102010 013443 MIDWEST TAPE LLC Misc materials: library 9.78 Misc materials: library 849.02 Misc materials: library 108.71 Misc materials: library 16.30 Misc materials: library 14.13 Misc materials: library 217.46 Misc materials: library 109.78 Misc materials: library 687.94 Misc materials: library 92.40 Misc materials: library 40.23 2,145.75 139159 06/102010 012580 MINUTEMAN PRESS Business cards: J. Lawrence 45.37 Business cards: J. Thomas 45.37 90.74 139160 06/102010 013137 ML 1 ELECTRONICS Electric supplies:childrens museum 92.19 92.19 WAREHOUSE 139161 06/102010 001892 MOBILE MODULAR 523 -621 modular bldg rental:OATC 619.88 619.88 139162 06/102010 013004 MOBILE TRUCK SERVICE INC City veh repair & maint:pw maint 480.16 City veh repair & maint:pw maint 562.36 City veh repair & maint:pw maint 37.50 City veh repair & maint:pw maint 545.14 City veh repair & maint:pw maint 1,135.90 2,761.06 139163 06/102010 004586 MOORE FENCE COMPANY Fencing install:kent hintergardt park 5,888.67 5,888.67 Page:8 apChkLst Final Check List Page:9 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139164 06/10/2010 002925 NAPA AUTO PARTS Vehicle Maint Supplies: Paramedics 191.79 191.79 139165 06/102010 008820 NEIGHBORS NEWSPAPER Jun advertising:Street Painting 626 -27 250.00 250.00 139166 06/102010 010244 NO LIMITS SILK SCREEN Softball awards:summer/fall pgrm 845.96 845.96 139167 06/102010 009570 O C B REPROGRAPHICS May reprographic swcs:prkg structure 1,096.88 1,096.88 139168 06/102010 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:police old town 618.58 618.58 DIV 139169 06/102010 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs: PW Land 246.11 246.11 Dev 139170 06/102010 013127 ON STAGE MUSICALS Onstage Musical concert 5/30/10 6,667.00 6,667.00 139171 06/102010 001171 ORIENTAL TRADING COMPANY Recreation Supplies- Parent n Me 83.92 INC Recreation Supplies - Parent n Me 3.99 Misc supplies:recreation pgrm 270.77 358.68 139172 06/102010 002800 PACIFIC STRIPING INC Citywide Street Striping program 149,526.06 149,526.06 139173 06/102010 013619 PEDERSEN, NICOLE refund:water safety instructor 140.00 140.00 139174 06/102010 001320 PELLETIER, JULIE reimb:Doghouse Prgm supplies 65.16 65.16 139175 06/102010 001958 PERS LONG TERM CARE PERS Long Term Care Payment 74.62 74.62 PROGRAM 139176 06/102010 009796 PERVO PAINT COMPANY Stencil paint:pw maint div 3,226.94 3,226.94 139177 06/102010 010338 POOL & ELECTRICAL Supplies & chemicals:town sq fountain 66.44 66.44 PRODUCTS INC 139178 06/102010 011549 POWER SPORTS UNLIMITED City Veh Repair & Maint: Police 406.09 406.09 Motorcycle 139179 06/102010 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment 408.55 408.55 INC 139180 06/102010 000254 PRESS ENTERPRISE 6/19/10 - 6/17/11 subscr: Pln 9575818 175.76 175.76 COMPANY INC Page:9 apChkLst Final Check List Page:10 06/10/2010 1:29:36PM CITY OF TEMECULA Check# Date Vendor 139181 06/10/2010 012904 PRO ACTIVE FIRE DESIGN 139182 06/10/2010 004529 QUAID TEMECULA HARLEY - DAVIDSON 139183 06/10/2010 003591 RENES COMMERCIAL MANAGEMENT Description May Plancheck Svc: Fire Prev May'10 veh maint:pd motorcycles Weed abatementcitywide Trash & debris clean up:City R.O.W Weed abatementcitywide 139184 06/10/2010 002110 RENTAL SERVICE Small tools and equipment: crc 139194 06/102010 013169 CORPORATION May catalog artifacts :history museum 139185 06/10/2010 005807 RESOURCE STRATEGIES INC Aerial imagery & compression swcs:GIS 139186 06/102010 002412 RICHARDS WATSON & credit:billing adj/171433 139197 06/102010 004814 GERSHON Apr Dsgn:Main Street Bridge /Murr Creek INC Apr 2010 legal services 139187 06/102010 010087 RIGGS & RIGGS INC consulting services:Diaz Rd /Dendy Pkwy 139188 06/102010 000418 RIVERSIDE CO CLERK & Ntc /determination:ped /bike bridge RECORDER 139189 06/102010 000406 RIVERSIDE CO SHERIFFS DEPT 139190 06/102010 000277 S & S ARTS & CRAFTS INC iKP➢ F➢t rP. ii[pYA ➢[rirPP.L[rEE9_1yx�771x�7 <9 2/25-3/24 law enforcement Apr'10 booking fees Misc supplies:Parent and Me pgrm Payroll check stock: finance 139192 06/102010 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 139193 06/102010 009980 SANBORN, GWYN Country @ the Merc 529/10 139194 06/102010 013169 SCHINSKY, WILLIAM C May catalog artifacts :history museum 139195 06/102010 008529 SHERIFF'S CIVIL DIV - Support Payment CENTRAL 139196 06/102010 008529 SHERIFF'S CIVIL DIV - Support Payment CENTRAL 139197 06/102010 004814 SIMON WONG ENGINEERING Apr Dsgn:Main Street Bridge /Murr Creek INC Amount Paid 6,473.55 1,463.72 10,975.00 3,323.00 3,750.00 244.65 8,482.50 -17.14 111,319.66 2,000.00 2,074.25 1,437,817.93 5,939.52 301.65 715.81 907.93 663.00 1,225.00 200.00 100.00 2,785.25 Check Total 6,473.55 1,463.72 18,048.00 244.65 8,482.50 111,302.52 2,000.00 2,074.25 1,443,757.45 301.65 715.81 907.93 663.00 1,225.00 200.00 100.00 2,785.25 Page:10 apChkLst Final Check List Page:11 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139198 06/10/2010 000645 SMART & FINAL INC Misc supplies: mpsc/high hopes 294.67 Misc supplies: recreation pgrm 16.05 310.72 139199 06/10/2010 000537 SO CALIF EDISON May 2 -00- 397 - 5067:40499 calle medusa 1,865.23 Jun 2-02-351-5281 CRC 4,218.08 Jun 2 -20- 798 - 3248:42081 main st 1,325.50 Jun 2 -10- 331 - 2153:28816 pujol st 736.73 Jun 2 -30- 066 - 2889:30051 rncho vista 21.84 May2 -31- 936 - 3511:46488 pechanga 43.10 May 2 -29- 657 - 2563:42902 butterfield 173.66 May 2 -27- 805 - 3194:42051 main st 3,563.85 May 2 -28- 629 - 0507:30600 pauba rd 6,432.78 May 2 -00- 397- 5042:city hall 4,959.64 May 2 -31- 536 - 3228:28690 mercedes 375.37 May 2 -29- 458 - 7548:32000 rncho cal 258.14 May 2 -29- 953 - 8447:31738 wolf vly rd 21.11 May 2 -30- 220 - 8749:45850 n wolf crk 287.26 May 2 -02- 502- 8077:Maint Facq 1,289.41 May 2 -29- 953 - 8249:464 wolf crk dr 21.11 May 2 -25- 393 - 4681:41951 moraga rd 416.48 May 2 -29- 657 - 2332:45538 redwood 21.11 May 2 -29- 953 - 8082:31523 wolf vly rd 24.19 May 2 -31- 031 - 2590:28301 rncho cal 45.71 May 2 -29- 479 - 2981:31454 tem pkwy 99.31 May 2 -29- 974 - 7899:26953 ynez LS3 179.73 May 2 -30- 520 - 4414:32781 tem pkwy LS3 423.73 May 2 -05- 791 - 8807:31587 tem pkwy LS3 9,755.31 36,558.38 139200 06/10/2010 001212 SO CALIF GAS COMPANY May 129 - 582 - 9784 -3:FOC 140.23 May 091 - 085 - 1632 -0:TES pool 330.67 470.90 139201 06/102010 012652 SOUTHERN CALIFORNIA Jun general phone usage 93.98 93.98 139202 06/102010 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 9,585.72 9,585.72 COMPANY 139203 06/102010 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 677.90 677.90 COMPANY 139204 06/102010 013450 STILETTOS, THE Entertainment: concert series 6/17 1,000.00 1,000.00 139205 06/102010 000465 STRADLEY, MARY KATHLEEN TCSD Instructor Earnings 201.60 TCSD Instructor Earnings 436.80 TCSD Instructor Earnings 369.60 1,008.00 139206 06/102010 004213 STRAND HOLDINGS LLC Lifeguard Tower Umbrellas:Aquatics 435.00 435.00 Page: 11 apChkLst Final Check List Page:12 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description Amount Paid Check Total 139207 06/10/2010 008164 SUN CITY GRANITE INC Paver engraving:veterans memorial 1,112.00 1,112.00 139208 06/102010 011667 T & T JANITORIAL INC May janitorial srvcs:city fac's 7,073.83 May cleaning srvcs:police storefront 790.00 7,863.83 139209 06/102010 011897 TAG /AMS INC Apr Screening:HR 260.00 260.00 139210 06/102010 000305 TARGET BANK BUS CARD Misc. supplies:date night 42.08 SRVCS Hospitality supplies:theater 135.88 Hospitality supplies:theater 9.40 Recreation supplies: mpsc 76.25 Misc supplies:aquatics pgrm 535.35 798.96 139211 06/102010 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,854.00 4,854.00 139212 06/102010 010679 TEMECULAAUTO City vehicle repair& maint: Fire Prev 82.81 82.81 REPAIR /RADIATOR 139213 06/102010 000168 TEMECULA FLOWER CORRAL May'10 sunshine fund 68.46 68.46 139214 06/102010 010061 TEMECULA OLIVE OIL mpsc excursion: olive oil tasting 150.00 150.00 COMPANY 139215 06/102010 010848 TEMECULA PLANTSCAPE May plant lease srvcs:Library 200.00 200.00 139216 06/102010 011736 TEMECULA TROPHY INC Youth Court awards: Police 190.31 190.31 139217 06/102010 003067 TEMECULA VALLEY R V Veh repair & maint:pd command post 428.84 428.84 SERVICE 139218 06/102010 004274 TEMECULA VALLEY SECURITY locksmith srvcs: crc 12.50 CENTR locksmith srvcs: crc 12.51 25.01 139219 06/102010 010276 TIME WARNER CABLE Jun high speed internet:city hall 241.66 Jun high speed internet: 42081 main st 58.28 299.94 139220 06/102010 000668 TIMMY D PRODUCTIONS INC deposit /entertainment: 4th ofjuly 9,750.00 9,750.00 139221 06/102010 007766 UNDERGROUND SERVICE May undrgrnd svcs alert tickets: PW 192.00 192.00 ALERT 139222 06/102010 000325 UNITED WAY United Way Charities Payment 62.00 62.00 Page:12 apChkLst Final Check List Page:13 06/10/2010 1:29:36PM CITY OF TEMECULA Check # Date Vendor Description 139223 06/10/2010 013535 VALDESPINO, ANTOINETTE Holiday decor refurbish pgrm 139224 06/102010 004261 VERIZON May xxx -1999 general usage Jun xxx -4200 general usage May xxx -0049 gen usage:comerchero Jun xxx -5180 gen usage:79S irrig ctr Jun xxx -7530 gen usage:Library Jun xxx -8900 gen usage:TP Library 139225 06/102010 004848 VERIZON SELECT SERVICES May long distance phone svcs INC May long distance phone svcs 139226 06/102010 010487 WATSON, LUKE reimb:4 /3/10 - 5/3/10 phone usage 139227 06/102010 003776 ZOLL MEDICAL CORPORATION Medical supplies: Medics Amount Paid Check Total 950.00 950.00 41.22 948.59 36.55 39.60 430.61 790.41 2.286.98 56.70 32.03 88.73 36.50 36.50 1,058.17 1,058.17 Grand Total All Checks: 2,758,123.12 Page:13 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Andre O'Harra, Chief of Police DATE: June 22, 2010 SUBJECT: Agreement for Law Enforcement Services with the County of Riverside PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: That the City Council authorize approval of the law enforcement agreement with the County of Riverside for a term of five years and authorize the Mayor to execute the agreement in final form. BACKGROUND: The City of Temecula has contracted with the County of Riverside on behalf of the Sheriff's Department for law enforcement services since incorporation. On June 28, 2005, the City Council approved the existing five -year agreement for law enforcement services with the County of Riverside authorizing 96 sworn Officers. Subsequent annual amendments to the agreement have been approved by the Council, bringing the total number of sworn officers to 109. There are no proposed increases to the Sheriff's agreement for the current fiscal year. Two motorcycle positions and one K9 team which were unfilled in the previous fiscal yearwill be filled this year with no change to the contracted number of Officers. With the increase in population in Temecula, this results in a sworn Officer ratio of one Officer for every 1,000 residents. An amendment to the law enforcement agreement will be brought to council at the beginning of each fiscal year to make staffing changes if necessary. FISCAL IMPACT: The amount of $20,120,033 has been included in the fiscal year 2010 -11 Police Department operating budget to cover the costs associated with contracted staffing and related costs. ATTACHMENT: Agreement for Law Enforcement Services between the City of Temecula and the County of Riverside. AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT is made and entered into by and between the CITY OF TEMECULA, a General Law City, hereinafter "City," and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriff's Department, hereinafter "County." IT IS THEREFORE AGREED AS FOLLOWS: i�I=1[7PA 1.1 Effective Dates. This Agreement shall be effective from July 1, 2010 through June 30, 2015. 1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current five (5) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same; otherwise, this Agreement shall be automatically renewed for an additional five (5) year period at the level of service then currently in effect. As a matter of convenience to the parties hereto, and in order to facilitate continuity of the law enforcement services provided to City, the parties may mutually approve and ratify any automatic renewal of this Agreement retroactively to the effective date of such automatic renewal. 1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement as of the beginning of the first day of July of any year upon notice in writing to the other party of not less than twelve (12) months prior thereto. 2. SCOPE OF SERVICE 2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of Cityto the extent and in the manner hereinafter set forth. The services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State statutes and the City codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. 2.2 California Identification System (CAL -ID) and Records Management System (RMS). City agrees as a condition of receiving services hereunder to participate in CAL -ID and RMS under the terms and conditions set forth in this Section. 2.2A Definitions. For purposes of this agreement the following definitions shall apply: a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases. b) The California Law Enforcement Telecommunications System Access (CLETS shall mean that access to the Department of Justice computers provided by count to City. C) Work Station shall mean those County devices and software which are used by City to access RMS functions and the CLETS. d) LAWNET shall mean the County's law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e) County Services shall mean the collective hardware and software, LAWNET, work stations, RMS functions and CLETS. 2.213 Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of the CLETS access rules and regulations as established by the California State Department of Justice. 2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall furnish all labor and equipment forthe host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC -based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PC -based equipment used to provide services herein without the permission of Sheriff's Information Technology Officer. 2.2D Compensation. a) Payment Basis. City shall reimburse County the cost of rendering services at rates established by the County Board of Supervisors. These rates shall include all items of cost and expense to the Sheriff for providing this service, and shall be adjusted periodically to reflect changes in the cost of service provision. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. b) Payment Remittance. County shall provide to City an itemized quarterly statement of the costs for services being charged for said quarter. City shall remit payment to the invoicing department within thirty (30) days after receipt of such billing. 3. LEVEL OF SERVICE 3.1 Level of Service Specified. County shall provide law enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference. 3.2 Variation in Level of Service. Variation in the level of service shall be made by amendment, as provided for in Section 10 of this Agreement, and under the following terms: If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to do so. If City elects to reduce the level of service provided herein by ten percent (10 %) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10 %), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety. 4. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT 4.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incidentto the performance of such services and the control of personnel so employed, shall remain with County. 4.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solelyto support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriff's specifications, shall remain within the City limits, and ownership title thereto shall remain with City. 4.3 City -Owned Motorcycles and Vehicles. In the event City chooses to provide motorcycles or vehicles for use in providing services hereunder, the motorcycles or vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and readyfor use, and shall be registered in the name of City. City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the vehicle for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City -owned motorcycles or vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City -owned motorcycles or vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City - owned motorcycles and vehicles. Motorcycles and vehicles owned by City shall be used only for City- approved functions. 4.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the city - owned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self- insurance. General Insurance Provisions - All lines: a) Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b) The Contractor shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing that the coverage and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City -owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. C) It is understood and agreed by the parties hereto and the Contractor's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the Countys insurance and /or deductibles and /or self - insured retentions or self- insured programs shall not be construed as contributory. 5. EMPLOYMENT STATUS OF PERSONNEL 5.1 Employment Status. Any person employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers' compensation coverage, pension, or civil service benefits from City. 5.2 Chief of Police. Subject to the conditions set forth in Sections 5.1 Employment Status and 9. ADMINISTRATON of this Agreement, the Contract City Commander works as a member of the City's Executive Staff serving as the Chief of Police. The Chief of Police will report directlyto the Temecula City Manager to ensure local input and control over the qualityand service and to identify goals and programs that create a safer environment for the citizens. He or she or a designated Temecula Police Department Manager, will attend council meetings, City staff meetings and council meetings at the request of the City Manager in order to be available to the community to discuss their needs and maintain a high level of communication and mutual cooperation. The Police Chief and the Police Department are active members of the City they serve. 5.3 Labor Shortage. In the event of a work slow -down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received. 6. COMPENSATION 6.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established in the form of hourly rates for Sheriff's Department personnel, vehicle mileage rates, facility use rates and RMS transaction fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriff's Special Investigations Bureau, Emergency Services Team, Canine Unit, and Aviation Unit. 6.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors foradoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend. 6.3 Payment of Costs. County, through the Sheriff's Department, shall provide to City within 30 days of the conclusion of each calendar month an itemized statement of the costs for services being charged for said month. City shall remit payment to the invoicing department within 30 days after receipt of such statement. If such payment is not received by the County within thirty (30) days after rendition of billing, County may satisfy such indebtedness from any funds of the City on deposit with County without giving further notice to the City of County's intention to do so, or may use any other remedy provided by law. 6.4 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one -time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided within 30 days of the Board of Supervisors approval of any new positions. Field training costs will not apply to supervisory or classified positions added to the level of service. INDEMNIFICATION AND HOLD HARMLESS 7.1 Indemnification by City. City shall indemnify and hold County, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of City, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for propertydamage, bodily injury or death, or anyother element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on County by the provisions of California Government Code Section 895.2 or other applicable law, and City shall defend at its expense, including attorneyfees, County, its officers, agents, and employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 7.2 Indemnification by County. County shall indemnify and hold City, its officers, agents, employees and independent contractors free and harmless from any claim or liability whatsoever, based or asserted upon any act or omission of County, its officers, agents, employees, volunteers, subcontractors, or independent contractors, for property damage, bodily injury or death, or any other element of damage of any kind or nature arising out of the performance of this Agreement to the extent that such liability is imposed on City by the provisions of California Government Code Section 895.2 or other applicable law, and County shall defend at its expense, including attorney fees, City, its officers, agents, employees and independent contractors in any legal action or claim of any kind based upon such alleged acts or omissions. 8. MEMORANDA OF UNDERSTANDING If requested by City or by County, a memorandum of understanding will be entered into by and between City (or its administrative designee) and County (or its administrative designee) with respect to any question relating to the provision of services under this Agreement. Such memorandum shall set forth the questions raised and such terms and conditions as have been agreed upon between City and County in resolution of the question. The intent and purpose of such memorandum shall be to implement, interpret, or clarify one or more provisions of this Agreement. No such memorandum shall have the effect of altering any of the provisions of this Agreement, unless executed in the form of an Amendment as provided for under Section 10 of this Agreement. In the event of any inconsistency between the terms of such memorandum and the terms of this Agreement, the terms of this Agreement shall govern. 9. ADMINISTRATION The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County. 9. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. 10. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: County Stanley L. Sniff Jr., Sheriff Riverside County Sheriffs Department Post Office Box 512 Riverside, California 92502 City City of Temecula 43174 Business Park Drive Temecula, CA 92590 Attn: City Manager Or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 1st Floor Riverside, California 92501 11. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 13. STANDARD OF CARE In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. 14. JURISDICTION AND VENUE This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County. 15. ENTIRE AGREEMENT This Agreement is intended bythe parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chairman of said Board and sealed and attested bythe Clerk of said Board. all on the dates indicated below. CITY OF TEMECULA Dated: ATTEST: 0 Susan W. Jones, CMC City Clerk Dated: ATTEST: Kecia Harper -Them Clerk of the Board By: Deputy By: Jeff Comerchero, Mayor APPROVED AS TO FORM: 93 Peter M. Thorson, City Attorney COUNTY OF RIVERSIDE go Marion Ashley, Chairman Riverside County Board of Supervisors rel i fell@] : 1 LVi14 01111 r9 IN III W K S I a I=I L V i l =10111 W i l LEVEL OF SERVICE Average Patrol Services • 185.0 supported hours per day. (Approximate equivalent of thirty -eight (38) Deputy Sheriff positions @ 1,780 annual productive hours per position standard.) Dedicated Positions • Two (2) Sheriff's Lieutenant positions • Three (3) Sheriff's Sergeant positions • Seven (7) Deputy Sheriff (fully supported) positions - Special Enforcement Team • Four (4) Deputy Sheriff (fully supported) positions- Mall Officers • Eighteen (18) Deputy Sheriff (fully supported) positions- Traffic /Motorcycle Team • Two (2) Deputy Sheriff (fully supported) positions -K -9 Deputies • One (1) Deputy Sheriff (unsupported) position -Gang Task Force • One (1) Deputy Sheriff (fully supported) position- Southwest Corridor Task Force • Five (5) Deputy Sheriff (unsupported) positions - School Resource Officers (year- round) • Eighteen (18) Community Service Officer II positions • Three (3) Community Service Officer I positions Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 22, 2010 SUBJECT: Multiple Species Habitat Conservation Plan Fee Schedule for Fiscal Year 2010 -11 (LR10 -0013) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE MULTIPLE SPECIES HABITAT CONSERVATION MITIGATION FEES SCHEDULE FOR THE FISCAL YEAR 2010 -11 TO MAINTAIN FEE RATES AT FISCAL YEAR 2009 -10 LEVELS (LR10 -0013) BACKGROUND: Pursuant to Chapter 15.10 of the City of Temecula Municipal Code entitled "Multiple Species Habitat Conservation Mitigation Fee," the City requires developers to pay their fair -share of the costs of acquiring and preserving vegetation communities and natural areas within the City and the region which are known to support plant and wildlife species covered by the Multiple Species Habitat Conservation Plan ( MSHCP). The MSHCP fee is collected in accordance with Government Code Section 66000 et seq. On January 9, 2007, the City Council adopted Ordinance No. 07 -01, which provided for an automatic annual adjustment of the fee based on the percentage increase or decrease, if any, of the Los Angeles- Anaheim - Riverside area Consumer Price Index (CPI). The CPI factor for the Fiscal Year beginning July 1, 2010, would result in a 1.832% increase in the MSHCP fee over the Fiscal Year 2009 -10 MSHCP rate structure. On May 3, 2010, the Regional Conservation Authority (RCA) Board of Directors, the agency overseeing the implementation of the MSHCP, took action to suspend the automatic annual CPI adjustment for Fiscal Year 2010 -11. The RCA has informed the participating cities of their actions and recommends that member agencies continue to collect MSHCP fees at the Fiscal Year 2009 -10 rates for Fiscal Year 2010 -11. In recognition of the hardship faced by developers and potential homebuyers in a challenging economic climate, it is recommended that the automatic annual adjustment for Fiscal Year 2010 -11 MSHCP fees be suspended for one year, and the MSHCP fees remain unchanged from Fiscal Year 2009 -10. Therefore, the adoption of this resolution will not increase fee levels; rather, the proposed MSHCP fee schedule for Fiscal Year 2010 -11 will remain the same as the fee rates for Fiscal Year 2009 -10. It is also recommended that the automatic annual adjustment will resume in Fiscal Year 2011 -12 based on provisions of Ordinance No. 07 -01. PROPOSED MSHCP FEE SCHEDULE FOR FISCAL YEAR 2010 -11 FISCAL IMPACT: The MSHCP fee is a pass- through fee collected by the City and transferred to the RCA for implementation of the MSHCP. As a result, no fiscal impact to the City is expected as a result of maintaining the MSHCP fee rates at the Fiscal Year 2009 -10 levels for Fiscal Year 2010-11. ATTACHMENT: Resolution Current Fee Per Unit Propose Fee Per Unit Fee Category Units 07/01/09- 06/30/10 07/01/10- 06/30/11 Residential, density less than 8.0 DU /AC DU $1,938 $1,938 Residential, density between 8.0 and 14.0 DU /AC DU $1,241 $1,241 Residential, density greater than 14.0 DU /AC DU $1,008 $1,008 Commercial Acre $6,597 $6,597 Industrial Acre $6,597 $6,597 FISCAL IMPACT: The MSHCP fee is a pass- through fee collected by the City and transferred to the RCA for implementation of the MSHCP. As a result, no fiscal impact to the City is expected as a result of maintaining the MSHCP fee rates at the Fiscal Year 2009 -10 levels for Fiscal Year 2010-11. ATTACHMENT: Resolution RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE APPLICABLE MULTIPLE SPECIES HABITAT CONSERVATION MITIGATION FEES SCHEDULE FOR THE FISCAL YEAR 2010 -11 TO MAINTAIN FEE RATES AT FISCAL YEAR 2009 -10 LEVELS (LR10 -0013) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find determine and declare that: A. The City Council passed Ordinance No. 03 -14 on January 13, 2004, adding Chapter 15.10 to the Temecula Municipal Code establishing a local development mitigation fee for funding the preservation of natural ecosystems in accordance with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and pursuant to California Government Code Sections 66000 et seq. authorizing the City to impose the MSHCP fee upon new development. B. Pursuant to Chapter 15.10 of the Temecula Municipal Code the City of Temecula imposes the Multiple Species Habitat Conservation Fee in accordance with State law in order to acquire and preserve vegetation communities and natural areas within the City and the region which are known to support plant and wildlife species covered by the Multiple Species Habitat Conservation Plan (MSHCP). C. Ordinance No. 07 -01 adopted on January 9, 2007 amended Section 15.10.090 of the Temecula Municipal Code to provides for an automatic annual adjustment of the MSCHP fee based on the percentage change, if any, of the Los Angeles- Anaheim - Riverside area Consumer Price Index (CPI). D. Recent changes in the real estate market have created significant hardships for the development of many types of projects including residential commercial and industrial projects and the consequent loss of many jobs and businesses in the City. E. On May 3, 2010, the Regional Conservation Authority took action to not implement the automatic annual CPI adjustment for Fiscal Year 2010 -11, thereby maintaining the same fee schedule as adopted in Fiscal Year 2009 -10. F. By the adoption of this Resolution the City Council intends to reduce development costs so as to support the local economy and assist in the creation and maintenance of jobs and businesses in the City. Section 2. The MSHCP fees required to be paid in Fiscal Year 2010 -11 between July 1, 2010 and June 30, 2011, shall remain the same as those in effect in Fiscal Year 2009 -10. The automatic annual adjustment provisions of Section 15.10.090 of the Temecula Municipal Code shall resume and be in effect for Fiscal Year 2011 -12. Section 3. Except as specifically provided in this Resolution all other terms of Section 15.10.090 shall remain in full force and effect. Section 4. The City Council hereby determines, in accordance with 14 Cal. Code Reg. Section 15061(b) of the California Environmental Quality Act Guidelines ( "CEQA Guidelines "), that the Multi- Species Habitat Conservation Fees as described in this Resolution is not a "project' within the meaning of Section 15378 of the CEQA Guidelines, and is therefore exempt from the requirements of CEQA. This Resolution, in conjunction with Chapter 15.10 of the Temecula Municipal Code, establishes a funding mechanism for acquiring and preserving vegetation communities and natural areas within the City and the region which are known to support plant and wildlife species. This Resolution will have no effect on the environment. Pursuant to CEQA Guidelines Section 15061(d) and 15062, the City Manger is hereby directed to cause a notice of Exemption to be prepared, executed and filed for the foregoing determination in the manner required by law, that this is not a project under the California Environmental Quality Act and therefore, no environmental impact assessment is necessary. Section 5. This Resolution shall be effective on July 1, 2010. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of June, 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of June, 2010, by the following vote: F- Ayd:.Ko1l1►NllNdiIAdil:l:4:63 NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 22, 2010 SUBJECT: Western Riverside Energy Leadership Partnership PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING, ENDORSING AND PARTICIPATING WITH SOUTHERN CALIFORNIA EDISON, WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND ITS PARTICIPATING MEMBER CITIES IN AN ENERGY LEADERSHIP PARTNERSHIP TO BE KNOWN AS "THE WESTERN RIVERSIDE ENERGY LEADERSHIP PARTNERSHIP" (LR10 -0012) BACKGROUND: The Western Riverside Council of Governments ( WRCOG) and Southern California Edison (SCE) have been working togetherto form an energy partnership, known as the Western Riverside Energy Leadership Partnership. The Partnership, consisting of 11 WRCOG member cities, is designed to seek ways to improve energy efficiency at participating government owned facilities and to improve marketing and outreach to the Western Riverside County community. Staff has been working with WRCOG and SCE to enable the City's participation in this Partnership. The Partnership provides performance -based SCE's programs and incentives for participating cities to demonstrate energy efficiency leadership within their communities through energy saving actions, including retrofitting and implementing measures at municipal facilities, as well as providing opportunities for the community to take action in their homes and businesses. The Partnership will focus on six key areas: 1. Educating local government and residents on energy efficiency. 2. Working closely with SCE to more effectively implement existing programs. 3. Working with participating jurisdictions to retrofit existing governmental facilities 4. Seeking innovative approaches to energy efficiency. 5. Implementation of California's Long Term Energy Efficiency Strategic Plan 6. Providing increased pool pump rebates. Approximately $1.1 million is budgeted over a three -year period, funded by SCE with WRCOG acting as the administrator of the program. The City of Temecula's participation in the Partnership will assist the Citywith effectively leading the community to increase energy efficiency, reduce greenhouse gas emissions, increase renewable energy usage, protect air quality, and ensure that their communities are more livable and sustainable, all of which are consistent with the goals outlined in the draft City of Temecula Sustainability Plan. Participation in the Partnership will also result in the development of an energy management program, access to more significant financial incentives offered by SCE, and cost savings at City facilities. Participation in the Partnership is entirely voluntary and no financial commitment required in order to participate. FISCAL IMPACT: No fiscal impact is anticipated. There is no financial commitment required of the City to participate in the Partnership. Participation in the Partnership does however require that a staff person be designated as a liaison and attend quarterly meetings. It is anticipated that the City's participation in the Partnership will result in cost savings at City facilities that utilize the program benefits. ATTACHMENTS: Resolution RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING, ENDORSING AND PARTICIPATING WITH SOUTHERN CALIFORNIA EDISON, WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND ITS PARTICIPATING MEMBER CITIES IN AN ENERGY LEADERSHIP PARTNERSHIP TO BE KNOWN AS "THE WESTERN RIVERSIDE ENERGY LEADERSHIP PARTNERSHIP "(LR10 -0012) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find determine and declare that: A. The Western Riverside Energy Leadership Partnership ( "WRELP ") (a Local Government Partnership), representing Western Riverside Council of Governments ( "WRCOG "), its participating member cities, and Southern California Edison ( "SCE "), supports "energy efficiency" initiatives, policies, and construction standards in order to ensure that local communities follow and encourage sustainable practices. B. Local demand for electricity has grown, and it is expected that demand for electricity will continue to grow in the near future to support a growing population and economy. C. Because citizens and businesses spend significant amounts for energy, it makes economic sense and is good public policy to encourage energy efficiency in the Western Riverside County region ( "Region ") and its communities. D. Energy efficiency programs enhance the local environment by improving air quality, reducing greenhouse gases and other pollution, and conserving natural resources. E. It is vital for local communities to promote investment in energy efficiency and to encourage innovations in the way they behave, build, and incorporate energy into everyday business and personal lives. F. There is a growing movement within California communities and businesses to improve everyday practices and create more sustainable and "greener" cities. G. The participating member cities of the WRELP seek to promote innovative methods and state -of- the -art technologies used in the design, construction and rehabilitation of new and existing residential and commercial buildings within the Region, in order to bring energy and natural resource consumption in line with sustainability goals. H. WRCOG has been identified by the participating member cities to enter into an agreement with SCE and act on their behalf as necessary to further the goals of the WRELP. I. WRELP brings together WRCOG, SCE and the participating member cities in a cooperative program, the Energy Leader Partnership Program ( "Program ") to promote energy efficiency, regional sustainability goals, and collaboration. J. The City Council of the City of Temecula ( "City ") has identified the suite of programs within the proposed Program as being consistent with the WRELP members' customer service goals. Section 2. The City Council of the City of Temecula hereby determines the City Council's desires to participate in the WRELP and the Program and declares that: A. The City Council supports the City's commitment to sustainable practices through energy efficiency, and will provide leadership and guidance in promoting, facilitating, and instituting such practices in the Region. B. The City Council supports and endorses the WRELP and the Program as effective methods to help meet long -term regional economic and environmental goals. C. The City Council approves the City's participation as a member city in the WRELP and the Program. D. The City Council authorizes WRCOG to act on the City's behalf as necessary to further the WRELP's goals and objectives. E. The City Council authorizes the City Manager to designate one (1) individual to be the City's primary contact for both WRCOG and SCE and is authorized to act on behalf of the City in carrying out the Program. Such individual shall be designated as the "Energy Champion." F. With the assistance of SCE, WRCOG and the WRELP, the City will identify and support implementation of the Program's community energy efficiency and sustainability goals within its own municipal facilities. Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of June, 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of June, 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG 1 011�Ko1l1►NllNdiIAdil:l:4:& 1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 22, 2010 SUBJECT: Agreement for Landscape Plan Check and Inspection Services for fiscal year 2010 -2011 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council approve an Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for fiscal year 2010 -2011 in the amount of $65,000. BACKGROUND: The Community Development Department's Planning Division has, for the past sixteen years, utilized the services of a landscape architectural firm to provide plan check and inspection services. The Planning Department requires the services of a licensed Landscape Architect for their expertise in utilization of appropriate plant types to be used in our climatic region, for calculation of project site landscape water budget, and irrigation system design. The licensed Landscape Architect is also utilized for their professional inspection of irrigation line installation, pressure testing of the irrigation system, irrigation head coverage and plant installation. On May 3, 2010 the City of Temecula issued a Request for Proposal (RFP) for Landscape Plan Check and Inspections Services. Seven (7) landscape architectural firms responded to the RFP. A panel reviewed the submittals for completeness, experience and ability to provide services for the City. The landscape architectural firm of Blanca Y. Price was determined to be the most competitively priced and qualified proponent, and was recommended to perform landscape plan check and inspection services for the Planning Department. FISCAL IMPACT: Adequate funds have been included in the FY 2010 -2011 Planning Department's line item 001.161.999.5250, Other Outside Services. All consultant fees will be paid by applicants and deposited into the City's General Fund in accordance with the approved fee schedule shown in Exhibit "B" of the agreement. ATTACHMENTS: Agreement for Landscape Plan Check and Inspection Services AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BLANCA Y. PRICE LANDSCAPE PLAN CHECK AND INSPECTION SERVICES THIS AGREEMENT is made and effective as of July 1, 2010, between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and Blanca Y. Price, a Sole Proprietor (hereinafter referred to as "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2013. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Sixty - Five Thousand Dollars annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to 2 examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to anew City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Blanca Y. Price 39140 Del Sol Court Murrieta, CA 92562 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES D At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Blanca Y. Price (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jeff Comerchero, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: By: Peter M. Thorson, City Attorney CONSULTANT Blanca Y. Price 39140 Del Sol Court Murrieta, CA 92562 951 - 837 -3432 Phone Blanca.Price@vzw.blackberry.net FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: SCOPE OF WORK FOR BLANCA Y. PRICE There are two stages of plan checks that are anticipated. The first series of plan checks will occur at the Development Review Committee (DRC) stage. The second series of plan checks will occur when the applicant submits construction drawings for the landscaping based on conceptual plan approval and conditions of approval formulated by staff and the Planning Commission. Three landscape inspections will be performed on site. The first is to verify that all irrigation as been installed according to plans and specifications. The second is to verify that the planting and irrigation have been installed and running according to plans and specifications. The third is a bond release inspection which occurs no less than a year from the final approval of the project installation. Development Review Committee Review — Plans submitted by the applicant at this stage are Conceptual 1. The Consultant will pick up the plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations will be made available to the Consultant to assure that landscaping is compatible with the architecture and appropriate for the proposed grading. 2. The Consultant may be required to meet with the project planner to discuss the project or visit the site prior to beginning the review. This option will be left up to the individual planner. 3. The Consultant will review the plans to verify consistency with the City Development Code, other Ordinances and the Citywide Design Guidelines. A site visit may be necessary to become familiar with the site and surrounding area. Two sets of plans will be redlined with comments notifying the applicant of necessary revisions to bring the plans into conformance with the City requirements. One redlined plan set is for the Consultants reference. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be crosschecked against the architectural and grading plans. 4. The Consultant will return one set of the redlined plans along with plan check comments to the project planner within 14 days of receipt of the first submittal and seven days for the second and third submittal. On Fast -track projects, Consultant will complete conceptual review within four calendar days. Plan Check comments will also be sent to the project planner via e-mail for use by the City. One set of plans will be kept on file at the Consultant's office so that if questions arise from either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers. 5. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned to the applicant for revisions. Conceptual Landscape Plans that have been substantially changed from the original submittal will be subject to an additional fee. Construction Documents Review 1. The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape construction plans, one copy of the approved conceptual landscape plan, conditions of approval and final precise grading plan will be made available to the Consultant to verify consistency with City Development Code, other Ordinances, and Citywide Design Guidelines. Two Sets of landscape construction plans will be redlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be crosschecked against the final precise grading plans. 2. The Consultant will return one set of redlined plans along with plan check comments to the project planner. Plan check comments will also be sent to the planner via e-mail. Comments /redlines shall be returned to the planner within two weeks after notification of plan pick up. Comments shall also be broken up into groups. The first group of comments addresses landscape issues related directly to the landscape architect. The second group of comments addresses landscape issues as they relate to site planning or grading issues. Comment shall be both in digital (e -mail) and hard copy format. One set of plans will be kept on file at the Consultant's office so that if questions arise from either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers. 3. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned a second time for revisions. This process will continue until plans are brought into conformance with City standards, professional norms, and approved landscape plans. Plan checks beyond the third check will be subject to an additional per sheet fee. 4. The Consultant will review the cost estimate and notify the project planner that the estimate is appropriate for bonding requirements. Landscape Inspection Three landscape inspections will be performed for each project. The first landscape inspection will include a pressure test (where applicable) and verification that installation of irrigation meets conformance to plans and specifications. The second inspection will be performed once the landscaping installation is complete to assure irrigation coverage and installation of plant material according to plans and specifications. A third inspection will occur for bond release at one year from final approval of landscape. A written report will be provided to the project planner after each inspection indicating the status, if desired by the project planner. The Consultant will send a copy of the report to the applicant/contractor so that they will know which 10 items need correction or completion. Each landscape inspection will be billed at the agreed upon rate. Inspections will be completed in no more than three(3) working days after notification. Landscape Architectural Resources The Consultant shall be available to act as a resource for City staff responding to general questions or questions regarding specific projects. Should staff require tasks to be performed, the Consultant shall provide services based on a mutually agreed upon flat rate fee. Attendance at Meetings The Principal Landscape Architect shall be available to attend Development Review Committee and Planning Commission meetings as requested by the City of Temecula Planning Staff based on an agreed upon fee. Payment Rates and Schedule Exhibit of fee schedule for plan check, and inspections in following exhibits. 11 WA ■ Payment Rates and Schedule Following is the breakdown of fees proposed for the plan check and inspection services outlined in the scope of work. These fees are based on present insurance coverage of $1,000,000.00 for errors and omissions. 1. Conceptual Plan Review Project Acreage Fee 0 - 5 acres $360 >5 - 10 acres $600 >10 -20 acres $780 >20 - 50 acres $960 >50 acres $960 plus $20 per acre over 50 acres Multiple reviews will be covered under the initial conceptual review cost, unless substantial changes to the conceptual landscape plan have been made by the applicant that are not as a result of the comments from the Consultant. Additional conceptual reviews for plans that have been substantially altered will be billed at a new and separate flat fee of $100.00 per sheet. Plan checks beyond the 3rd check shall be billed at a flat rate of $100.00 per sheet. 2. Construction Plan Review The following fees are based on reviewing a maximum of three submittals from the applicant. Should additional reviews be necessary they will be charged at the rate of $100 per sheet. Square Footage of Landscaping 0-5,625 5,625 - 22,500 22,501 - 30,375 30,376 - 37,125 37,126 - 45,000 45,001 - 56,250 56,251 - 67,500 67,501 - 78,750 78,751 - 90,000 90,000 & up Plan checks beyond the 3rd check Flat Plan Check Fee $720 $1,340 $1,650 $1,940 $2,270 $2,590 $2,920 $3,240 $3,560 $3,560 + .0075 for each s.f. above 90,001 s.f. $100 /sheet 3. Landscape Inspections Flat rate of $250.00 per inspection a. First Inspection - Irrigation Inspection b. Second Inspection - Landscape and Irrigation Coverage Inspection c. Third Inspection - Bond Release Inspection 12 Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Rich Johnston, Building Official DATE: June 22, 2010 SUBJECT: Agreements for Plan Review Services for Fiscal Year 2010 -2011 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: That the City Council 1. Approve an agreement for Plan Review Services with Bureau Veritas in the amount of $41,667; 2. Approve an agreement for Plan Review Services with Esgil Corporation in the amount of $41,667; 3. Approve an agreement for Plan Review Services with Tom Haney in the amount of $41,666. BACKGROUND: The City of Temecula Building and Safety Department has utilized outside plan review consulting services since inception to assist with the level of plan review services required. Plan review services include accurate code interpretation, review of construction plans for all applicable code disciplines, and identification of areas of noncompliance. On April 29, 2010, the City of Temecula issued a Request for Proposal (RFP) for Plan Review Services. Eleven (11) firms responded to the RFP and were evaluated by a panel for completeness, experience, and ability to provide services to the City. The Plan Review Consulting firms of Bureau Veritas, Esgil Corporation and Tom Haney were determined to be the top three (3) most competitively priced and qualified proponants, and have been recommended to perform plan review services for the Building and Safety Department on a rotational basis. FISCAL IMPACT: Sufficient funds have been budgeted in the Building and Safety's 2010 -2011 Budget line item 001.162.999.5248, Consulting Services. ATTACHMENTS: Agreements AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BUREAU VERITAS, INC PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of July 1, 2010, between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and Bureau Veritas, Inc. a Corporation, (hereinafter referred to as "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2013. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty One Thousand Six Hundred Sixty -Seven Dollars annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or 3 other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. 5 City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to anew City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Bureau Veritas, Inc Attn: Khoa Duong 1181 California Avenue, Suite 202 Corona, CA 92881 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES 2 At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Bureau Veritas, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jeff Comerchero, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: By: Peter M. Thorson, City Attorney CONSULTANT Bureau Veritas, Inc. Attn: Khoa Duong 1181 California Avenue, Suite 202 Corona, CA 92881 951 - 493 -1060 Phone 951 - 493 -1061 Fax 13 FSM Initials - Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: PLAN REVIEW SERVICES SCOPE OF WORK 1. Plan pickup and delivery should be done within 24 hours after receiving notice from the City at the expense of the Consultant. 2. Perform complete plan review of submitted plans to determine compliance with adopted codes (listed below) including any amendments to the Temecula Municipal Code: California Building Code (CBC) California Plumbing Code (CPC) California Mechanical Code (CMC) California Fire Code (CFC) California Residential Code (CRC) 2008 California Building Energy Efficient Standards (CBES) Energy Conservation Disabled Access 3. Consultant shall provide plan correction lists to the City who will provide them to the applicant. 4. Consultant shall not receive or distribute plans directly to the applicant without prior authorization from the City. 5. Plan Review turn - around times shall be no more than 10 -12 business days for new submittals and 5 -7 business days for re- submittals. 6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e- mail or meeting in Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations. 7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail, telephone, fax or in Consultant's main office regarding any discretionary code issues. 8. Perform plan review of revisions to plans that have previously been approved for permit issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B Payment Rates and Schedule). 9. Perform extra work when requested in writing by the City including accelerated plan review on an as- needed basis. 10. Attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. 0 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ESGIL CORPORATION PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of July 1, 2010, between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and Esgil Corporation, Inc. a Corporation, (hereinafter referred to as "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2013. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty One Thousand Six Hundred Sixty -Seven Dollars annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to 2 examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or 3 other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. 5 City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to anew City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES 2 At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Esgil Corporation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jeff Comerchero, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: By: Peter M. Thorson, City Attorney CONSULTANT Esail Corporation Attn: Kurt Culver 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 858 -560 -1468 Phone 858 - 560 -1576 Fax T FSM Initials: Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: PLAN REVIEW SERVICES SCOPE OF WORK 1. Plan pickup and delivery should be done within 24 hours after receiving notice from the City at the expense of the Consultant. 2. Perform complete plan review of submitted plans to determine compliance with adopted codes (listed below) including any amendments to the Temecula Municipal Code: California Building Code (CBC) California Plumbing Code (CPC) California Mechanical Code (CMC) California Fire Code (CFC) California Residential Code (CRC) 2008 California Building Energy Efficient Standards (CBES) Energy Conservation Disabled Access 3. Consultant shall provide plan correction lists to the City who will provide them to the applicant. 4. Consultant shall not receive or distribute plans directly to the applicant without prior authorization from the City. 5. Plan Review turn - around times shall be no more than 10 -12 business days for new submittals and 5 -7 business days for re- submittals. 6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e-mail or meeting in Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations. 7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail, telephone, fax or in Consultant's main office regarding any discretionary code issues. 8. Perform plan review of revisions to plans that have previously been approved for permit issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B Payment Rates and Schedule). 9. Perform extra work when requested in writing by the City including accelerated plan review on an as- needed basis. 10. Attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. EXHIBIT B Payment Rates and Schedule COMPENSATION FOR PLAN REVIEW SERVICES 1. The compensation paid by the City to the Consultant for each plan review shall be 60% of the "Plan Check Fee" collected by the City. Compensation for structural -only plan reviews is reduced to 35% of the "Plan Check Fee" collected by the City. The single fee includes all rechecks, plan check conferences at Consultant's office, reviewing plans that are initially found to be incomplete and for the transmitting of plans back to the jurisdiction. 2. Compensation for revisions shall be calculated either the same as the percentage of plan review fee or shall be based on Consultant's current Labor Rates Schedule *. The method of calculating compensation for each such plan reviewed shall be as agreed to by the Building Official and Consultant. 3. Compensation for work performed accelerated, extra work and meetings shall be based on the attached Consultant's Labor Rates Schedule as modified each year. 10 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND TOM HANEY PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of July 1, 2010, between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and Tom Haney, a Sole Proprietor, (hereinafter referred to as "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2013. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. . 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Forty One Thousand Six Hundred Sixty -Six Dollars annually unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or 3 other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. 4 f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. 5 City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to anew City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Tom Haney 2852 Colgate Drive Oceanside, CA 92056 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES on At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Tom Haney (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jeff Comerchero, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: By: By: Peter M. Thorson, City Attorney CONSULTANT Tom Haney 2852 Colgate Drive Oceanside, CA 92056 951 -699 -4846 Phone bz3 -bUb -7701 Cell thane lic ahoo.com FSM Initials: Date: E:3 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: PLAN REVIEW SERVICES SCOPE OF WORK 1. Plan pickup and delivery should be done within 24 hours after receiving notice from the City at the expense of the Consultant. 2. Perform complete plan review of submitted plans to determine compliance with adopted codes (listed below) including any amendments to the Temecula Municipal Code: California Building Code (CBC) California Plumbing Code (CPC) California Mechanical Code (CMC) California Fire Code (CFC) California Residential Code (CRC) 2008 California Building Energy Efficient Standards (CBES) Energy Conservation Disabled Access 3. Consultant shall provide plan correction lists to the City who will provide them to the applicant. 4. Consultant shall not receive or distribute plans directly to the applicant without prior authorization from the City. 5. Plan Review turn - around times shall be no more than 10 -12 business days for new submittals and 5 -7 business days for re- submittals. 6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e- mail or meeting in Consultant's main office, and perform all necessary rechecks to achieve conformance to the regulations. 7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail, telephone, fax or in Consultant's main office regarding any discretionary code issues. 8. Perform plan review of revisions to plans that have previously been approved for permit issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B Payment Rates and Schedule). 9. Perform extra work when requested in writing by the City including accelerated plan review on an as- needed basis. 10. Attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. I7 Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Authorize Temporary Street Closure for the Street Painting Festival in Old Town (Main Street between Old Town Front Street and Mercedes Street) PREPARED BY: Mayra De LaTorre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close Main Street between Old Town Front Street and Mercedes for the: `2010 OLD TOWN TEMECULA STREET PAINTING FESTIVAL' BACKGROUND: The Annual Street Painting Festival scheduled for June 25th and 26th of this year necessitates the physical closure of Main Street (`Y' portion) between Old Town Front Street and Mercedes Street, as this street portion will serve as the canvas on which artists will paint. The street closure will also serve to accommodate and provide the free movement of pedestrian traffic by minimizing potential vehicular - pedestrian conflicts. Under Vehicle Code Section 21101, "Regulation of Highways ", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing ". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. The specific limits of the closure for Main Street are as follows: The westerly property line of 41955 Main Street (Temecula Hills Winery at Villa) and the westerly right -of -way of Mercedes Street. This portion of Main Street will be closed from 6:00 PM Friday June 25th to 6:00 PM on Sunday June 27th 2010. Old Town Front Street shall remain open to through traffic at all times. FISCAL IMPACT: The costs of police and for provision, placement, and retrieval of necessary warning and advisorydevices bythe Temecula Community Services Department and the City Public Works Maintenance Division are included in budgetary items. ATTACHMENTS: 1. Location Map �co 15 c-a\ VENT Z%r F� ANNUAL LEGEND STREET PAINTING FESTIVAL I�i' STREET CLOSURE VICINITY MAP ` BARRICADE Item No. 10 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Authorize Temporary Street Closure of Old Town Front Street between Moreno Road (S) and 1 st Street; Main Street from the East Edge of the Children's Museum Driveway to Mercedes Street; Moreno Road; 2nd Street; 3rd Street; 4th Street; 5th Street; 6th Street; and Mercedes Street between Moreno Road and 2nd Street for the "2010 Star Spangled 4th of July Parade" PREPARED BY: Mayra De LaTorre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close Old Town Front Street and other related streets for the: '2010 STAR SPANGLED 4T" OF JULY PARADE' BACKGROUND: The Annual City- sponsored "Star Spangled 4th of July Parade" necessitates temporary street closures to protect the participants and facilitate this event. The subject special event requires the closure of the entire and portions of, streets in the Old Town area on July 4, 2010 from approximately 8:00 AM until 3:00 PM. The parade hours this year are from 1:00 PM to approximately 2:30 PM. However, staging for the parade will begin at 8:00 AM at the Stampede Restaurant parking lot. The police department will determine the exact hours of street closures. Also, no parking will be allowed on these subject streets from 8:00 AM until 3:00 PM. This year's Star Spangled 4th of July Parade street closures are as follows: 1. Old Town Front Street between Moreno Road (S) and 1st Street; 2. Mercedes Street between Moreno Road and 2nd Street 3. Main Street from the East Edge of the Children's Museum Driveway to Mercedes Street; 4. Moreno Road; 5. 2nd Street; 6. 3rd Street; 7. 4th Street; 8. 5th Street; 9. 6th Street. The event will require the closure of Main Street between Old Town Front Street and the Main Street Bridge. Provisions have been included to ensure public access and public parking at the Children's Museum during the road closure. Under Vehicle Code Section 21101, "Regulation of Highways ", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing ". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs of police services and for provision, placement, and retrieval of necessary warning and advisory devices bythe Temecula Community Services Department and the City Maintenance Division are included in budgetary items. ATTACHMENTS: 1. Vicinity Map Legend 4 Parade Route =a Staging Judging Parking Equestrian Staging �3"ffl Announcer Public Restrooms Portable Restrooms �3"ffl Item No. I I Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Authorize Temporary Street Closures of certain portions of Margarita Road, Pauba Road and abutting streets for the "July 4th, 2010 Fireworks Show" PREPARED BY: Mayra De LaTorre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain portions of Margarita Road, Pauba Road and abutting streets for the: `JULY 4th 2010 FIREWORKS SHOW' BACKGROUND: The Annual City- sponsored "July 4th 2010 Fireworks Show" necessitates temporary street closures to protect the participants and facilitate this event. The subject special event requires the closure of Margarita Road between Rancho Vista Road and Pauba Road and also Pauba Road between Margarita Road and Showalter Road, including abutting streets. This year's 4th of July Fireworks Show street closures are more specifically described as follows: 8:00 AM to Midniaht Pauba Road between Margarita Road and Showalter Road 2. Calle Ventura 3. Calle Camellia 7:00 PMto10:00PM 4. Margarita Road between Rancho Vista Road and Pauba Road Residents living within the closure area will be allowed access to their homes. Church patrons will also be allowed access to the three affected churches located along Pauba Road. Under Vehicle Code Section 21101, 'Regulation of Highways ", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing ". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the Temecula Community Services Department and the City Public Works Maintenance Division are included in budgetary items. ATTACHMENTS: 1. Vicinity Map Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Purchase and Installation Agreement for Installation of Video Management Equipment in the Traffic Operations Center, being constructed within the Old Town Civic Center, Project No PW06 -07 PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic RECOMMENDATION: That the City Council 1. Approve the Purchase and Installation Agreement with Crosstown Electrical & Data, Inc., in the amount of $123,775; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $12,377 which is equal to 10% of the contract amount. BACKGROUND: The City is currently constructing a new Civic Center Complex in Old Town Temecula. The new structure includes a three story City Hall, Council Chambers, and Civic Auxiliary room. The project budget includes the installation of video wall display equipment and video management equipment for the Traffic Operations Center (TOC). Staff has been working with Information Systems to coordinate the installation of the equipment in conjunction with implementation of the Old Town Civic Center's Audio Visual and Data Network. During the coordination process, Staff had an opportunity to review various video management systems utilizing PlanNet Consulting, the firm selected by Information Systems to integrate the City network. A system has been selected that is compatible with the City's new and existing Closed Circuit Television (CCTV) equipment. This system will fulfill the current and future needs of the City's TOC, and can be maintained by the City's Information Systems Department. Since Crosstown Electrical & Data, Inc. is responsible for the annual maintenance of the City's CCTV equipment and fiber optic network and is familiar with the City's video management equipment needs, they were asked to provide a proposal for a "turn -key" operation. The necessary work in being completed in (2) phases. Phase 1 includes the installation of video management equipment, network infrastructure equipment, equipment software licensing, staff training, and integration of the QuicNet System, which is used by the City for monitoring traffic signal operations at the TOC in the Civic Center. Phase 2 includes the installation of video management and switching equipment that will allow field staff working out of the Field Operations Center (FOC) to communicate with the TOC located at the Old Town Civic Center. Phase 1 is scheduled for completion in September 2010. Phase 2 is scheduled for completion in December 2010. Crosstown Electrical & Data, Inc. is a sole source vendor to the City of Temecula, because they are the only Southern California suppliers, distributors and technical supporters of CCTV and data equipment currently used by the City. FISCAL IMPACT: The Old Town Civic Center project is included as PW06 -07 in the Capital Improvement Program FY2010 -2014. Adequate funds are available for this $136,152 request, which includes the base $123,775 contract plus the $12,377 contingency, in the project in Account, No. 210 - 165 - 751 -5601. ATTACHMENTS: 1. Purchase and Installation Agreement 2. Project Location and Description PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND CROSSTOWN ELECTRICAL & DATA, INC. FOR INSTALLATION OF VIDEO MANAGEMENT EQUIPMENT AT THE TRAFFIC OPERATIONS CENTER — OLD TOWN CIVIC CENTER THIS AGREEMENT is made and effective as of June 22, 2010, between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and Crosstown Electrical & Data, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on June 22, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install for the City a "turn- key" operation, which includes video management equipment, network infrastructure equipment, equipment software licenses, staff training, and integration of the QuicNet System, as more particularly described in Exhibit A, Description of Work and Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment'). 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is One Hundred Twenty Three Thousand Seven Hundred Seventy Five Dollars and No Cents ($123,775.00). The Purchase Price is final and shall be paid by City to Contractor in accordance with Exhibit A. The City Manager may approve additional work up to ten percent (10 %) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as video management equipment in the City's Traffic Operations Center located at Old Town Civic Center, and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. C. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 6. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 7. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before July 1, 2010. 9. PLACE OF DELIVERY The Equipment shall be delivered to this location: Old Town Civic Center, City of Temecula, 41000 Main Street, Temecula, California 92590. 10. REJECTION In the event of such notice of non - conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 11. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 12. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 13. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and /or Scope of Work attached hereto as Exhibit A. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. C. In the event of a conflict in terms between this Agreement, the Cost Proposal and /or the Contractor's response to the proposal this Agreement shall prevail over the proposal. 14. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 15. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shaH maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insureds, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 17. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 20. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 21. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to anew City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Crosstown Electrical & Data, Inc. Attn: David P. Heermance 5463 Diaz Street Irwindale, California 91706 (626) 813 -6693 22. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. t:0 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Crosstown Electrical & Data, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor David P. Heermance, President ATTEST: 0 Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney in CONTRACTOR Crosstown Electrical & Data, Inc. 0 EXHIBIT A DESCRIPTION OF EQUIPMENT AND SCOPE OF WORK 10 EXHIBIT A C ro trical datS ���I'1 a, inc. June 7, 2010 Mr. Richard Uribe City of Temecula Public Works 43200 Business Park Dr Temecula, California 92589 Dear Mr. Uribe, Quotation # 10087 V60 Crosstown Electrical & Data Inc. is pleased to present a quotation for the ONSSI solution for the Temecula TMC with 60 Month support. Statement of work: 1. Furnish and install ONSSI Video Management Licensing and support including: ONSSI VIDEO MANAGEMENT LICENSING $15,400.00 • (30) NETDVMS CAMERA LICENSE • OCULARIS VIDEO WALL BASE LICENSE • (30) OCULARIS VIDEO WALL CAMERA LICENSE MCAIN - DEVELOPMENT SERVICES $7,325.00 • INTEGRATION SERVICES -DISPLAY CAMERA VIEWAND CONTROL FROMOCULARIS IN QUICKNET SOFTWARE INSTALLATION PROFESSIONAL SERVICES $4,300.00 • (6Days) PROJECT MANAGEMENT • (8Days) OCULARIS DS INSTALLATION AND CONFIGURATION, • INCLUDING VIDEO WALL • (8Days) WORKSTATION SETUP FOR TRAFFIC CENTER, REMOTE • WORKSTATIONS,CONFIGURE DISPLAYS • (4Days) OCULARIS END USER TRAINING, OPERATOR TRANING VIDEO SPLITTER AND EXTENDER HARDWARE AND CABLING $1,650.00 • DVI -D EXTENDER OVER CAT6DVI -D 2WAY SPLITTER • (4) BELKIN DVI -D MALE TO DVI -D MALE SINGLE LINK CABLE • (2) 6FT CAT6PURPLE PATCH CORD • Installation 60 MONTH ONSSI SUPPORT $9,850.00 • OCULARIS VIDEO WALL BASE LICENSE - 60 MONTHS SUPPORT • (30) NETDVMS CAMERA LICENSE - 60 MONTHS SUPPORT • (30) OCULARIS VIDEO WALL CAMERA LICENSE - 60 MONTHS SUPPORT EXISTING SYSTEM LICENSE PREREQUISITES $5,750.00 • ONSSI NETDVMS BASE SUPPORT (5 YEARS) Contractors License Number C10- 756309 5463 Diaz Street Irwindale, CA 91706 Phone: (626) 813 -6693 Fax (626) 813 -6604 Gle&tr�iical Data, Inc. • (21) ONSSI NETDVMS CAMERA LICENSE SUPPORT (5YEARS) ONSSI OCULARIS SYSTEM TOTAL $44,275.00 NETWORK INFRASTRUCTRE EQUIPMENT AND INSTALLATION 2. Furnish and install 2 Each IFS Racks with power supplies. 3. Furnish and install 5 each - IFS VT7430- 2DRDT. 4. Furnish and install 3 each - IFS19130WDM. 5. Furnish and install 5 each - VR7430- 2DRDT. 6. Furnish and install 3 each — VR19130WDM. 7. Furnish and install FDU and terminate 48SMFO at Jefferson and Rancho California. 8. Furnish and install Digi Port Server TS4H. 9. Furnish and install GDI R -400 modem rack with dual power supplies. 10. Install 2 each City Supplied TMC workstations. NETWORK INFRASTRUCTRE EQUIPMENT AND INSTALLATION TOTAL $64,500.00 FOC MATERIALS AND LABOR 1. Furnish and install Axis Racks (2 Each) in existing rack in FOC. 2. Furnish and install Axis 241 S Rack mount encoders. 3. Furnish and install Cat 5 cabling from axis encoders to existing Ethernet Switch. FOC Materials and labor installation total $15,000.00 The total price to provide the products and services listed above is: $123,775.00 Phase I — Civic Center project to be completed by September 14, 2010 Phase II — FOC project elements to be completed by December 31, 2010. Exclusions: Cost of bond, conduit, copper or fiber optic cable, Video Wall or controller, Workstations and Servers, Ethernet Switches, Data Racks, civil work. Please feel free to call me if you have any questions. Sincerely, Do v Durd e v Donald J. Durden Senior Systems Engineer Contractors License Number C10- 756309 5463 Diaz Street Irwindale, CA 91706 Phone: (626) 813 -6693 Fax (626) 813 -6604 PROJECT L OCATI ON ProjeaTitie CIVIC CENTER N A PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: Benefit: Project Cost: Administration Acquisition Construction Construction Engineering Design Fixtures/Fum/Equip Utilities Totals Source of Funds: Capital Project Reserves COPS DIF (Corporate Facilities) DIF (public Art) Total Funding: Future O & M Cost: CIVIC CENTER Infrastructure PRIORITY: I Project will construct an approximately 93,000 square -foot, three -story City administration building and Council Chambers, along with a 3,500 square -foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. Planning/Public Works — 210.165.751 Project will include design and construction of a three -story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build -out. 91 Total Project _ 2011 -12 2012 -13 2013 -14 Cost $ 724,221 $ 82,000 $ 34,926,892 $ 352,000 $ 5,221,000 $ 3,539,800 $ 310,000 $ $ $ $ 45,155,913 $ 21,055,014 $ 23,260,899 $ 800,000 $ 40,000 $ $ $ $ 45,155,913 Actuals to Date 2009 -10 2010 -11 $ 125,854 $ 598,367 $ 25,800 $ 56,200 $ 476,271 $ 34,450,621 $ 352,000 $ 3,985,211 $ 1,235,789 $ 147,080 $ 3,392,720 $ 307,564 $ 2,436 7 5,067,780 $ 40,088,133 $ $ 4,594,565 $ 16,460,449 $ 473,215 $ 22,787,684 $ 800,000 $ 40,000 7 5,067,780 $ 40,088,133 $ $ 900,000 Annually 91 Total Project _ 2011 -12 2012 -13 2013 -14 Cost $ 724,221 $ 82,000 $ 34,926,892 $ 352,000 $ 5,221,000 $ 3,539,800 $ 310,000 $ $ $ $ 45,155,913 $ 21,055,014 $ 23,260,899 $ 800,000 $ 40,000 $ $ $ $ 45,155,913 Item No. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Award of a Construction Contract for the Citywide Concrete Repairs - FY2009- 10, Project No. PW10 -02 PREPARED BY: Amer Attar, Principal Engineer - CIP Chris White, Assistant Engineer- CIP RECOMMENDATION: That the City Council: Award a construction contract for Project No. PW10 -02, Citywide Concrete Repairs - FY2009 -10, to Mamco, Inc. in the amount of $170,170.70; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $ 42,542.68, which is equal to 25% of the contract amount. BACKGROUND: The Citywide Concrete Repairs Project FY 2009 -10 Project is an annual project that repairs various concrete facilities maintained by the City. The Public Works Maintenance Division has surveyed the City and compiled a list of improvements in need of repair. Damaged curbs & gutters, sidewalks, driveway approaches, under sidewalk drains, cross gutters, ADA ramps and spandrels at various locations will be removed and replaced. On April 13, 2010, City Council approved the Plans and Specifications and authorized staff to solicit construction bids. On Thursday, June 3, 2010, 5 bids were opened and publicly read aloud. The results were as follows: 1. Mamco, Inc. $ 170,170.70 2. B & T Work, Inc. $ 190,220.75 3. Black Rock Construction $ 200,000.00 4. Blair Rasmussen Construction, Inc. $ 311,080.00 5. Malcon Civils, Inc. $ 328,450.00 Staff has reviewed the bid proposals and found Mamco, Inc. to be the lowest responsible bidder. Mamco, Inc. has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. Staff is recommending the approval of a 25% contingency due to the fact that the lowest bid price is much lower than the Engineer's Estimate. Approving the 25% contingencywill allow staff to do more needed concrete repairs at other locations in the City if some of the contingency was not used for unforeseen and changed conditions. The Engineer's Estimate for the work is $346,644.00. The specifications allow for a work schedule of 35 working days. FISCAL IMPACT: The Citywide Concrete Repairs FY 2009 -10 Project is funded with Public Works Maintenance Budget for routine street maintenance. Adequate funds are available within project account No. 001 - 164 - 601 -5402 for this $212,713.38 request, which includes the $170,170.70 contract plus a 25% contingency of $42,542.68. ATTACHMENTS: 1. Concrete Repair List (12 pages) 2. Contract City of Temecula Department of Public Works Conoara Rayelr L61 Prapm xo. PWW Cry LOCITION Is, sCW aftu L by SmAka, 6ly" Wui NI call Al M sy, MMeenlbl :. m1 Di . frvn amore wg 111 14 6 in is, pr ii or 14 a Is Row"i RSR�W is 15 in Pi ur Loss R&RUAriskysift Wl"pwp. CIA w MPm is Is wiscir it 731 Ens" Cody 4 pi I a 12 ClrybTenKUM1 OpeNmMaIPUMe Wulie Concrete Repair Llet pwpn No. Plot 0-02 meM X tlC Lrtoorbr J M n EA yreM imm,lumok N1 on M Captain, X9 em,,,r not p^wE4 �msisprcxes. Beranek Paean, ej as s WB.Mae wpm Da, 16RD,vWron, 14 a al µpmn m Is a i t once, I&REoNcOnd u qu 10 an, RM Para WIM 10 6 so — For, Part 41M Enloe, rKa S ey train Me Snook R & R Street, an a Red Me, W wiM ++ at nMm L e[mm�MCb _ m S Mmm w Aram n RsMMn a 12 to conrn m cal Mum n wiamnetxwpxa�n m" wax can Mor imx cvv R IS Moore" is oAFY,, mnNarmi R'a^Min •fin n Pope unrTVn 12 •fie adna,pan, Pery3d�x M'nwaaramno-nw.mnweawpm�vmn D,pan ... t of P,bl" WA, Cencrt,, R.411ailt TnHct Ni M1042 Ill. Cost,, a AsAl 1CC47" is, m ��, m ,.,o, �._.a. A. RARD ro a „o Amm As skills k1k,AAAA, 47 6 list ISCASGURN CLAACM, RARCaSC401w 81 at us,ii_m list Miss, As Pill, PROHIdi is is MFWFCA 393 3 NO its 0 Cpy of TOMC,la FY09 -10 Oap,N ,V& bllc W,N Conorab Rape .. L61 Prgan No. PW1003 tttwiMa w kv[wvmx o W MOMINN � ue Mp Wx am A' z M ogati wnlw MYnun WI WI. nmim avueumm Pmulw WV.vpm nexmenaw VIA 15 9 IN u p lux W�l wap oMp +eW m slyP 3,15CMMA� NI 14,0114MI, 10 Vr s, m ws Ov In Awp. smsMaGOMmnwmo xe.a..mwmlx.mrsmp haaMtrnxWmmrmo wa.ew Cwn Xmmmrmp M1s a.uwmnxmm� _ RARHOOOMaw mma.uW tenxmmie C IIyoRemxW M9.10 Oepai CI PU>tic Wi Coni Repa4 L61 Project No. PRAM "2 Psi wAst w LttAIIOW JIM AttRKWW I W Nt MMA orsss y fli Muun Rl Rift eeAWVm IRS ,j Col twii statism 3 1 Is slAss R& Ski DO, I Ni Miss Miss R&REOPROU" 42 12 all In R3,FNLRO u unpin 10 is FRARORROOROM m tpvn sisso T 6 w Psi CiryalTCmccute PYONO YcPMmmt Qf Po Ic WwYP Consists MpL Ust Pmytl Nm PWi0.02 AI III, ihi, Is kw� MI RA Shrok M2 Is CMMT@mmme Mr to Nphmsnl a vuene woks comc mmPir wl nWsu No. MI"2 uo n.. w. iii e.mn. r� usw.w: xrnnox tioi.a�.r �""P �r aww.rP omrw :. h9 m Ki. o+emvwexre xs teenuaw 21 rw .�'m'25W..a..wom. RA RCA 12 12 tisnunssneuupun RA MUM, City of TAS..ula FY09.10 Aparonent of Public Works Concrete Repair List Project Na. PWIDd3 MCA 8 112 na rm. x.�" ` IN Dui.: Lpaal iw brie`°°+.ri .mA verson Me.. Md Na W iA.Iraln'eFLM r„e IN as am IV, Imurymammm5M Sul 4 a as Al CA preas Is MAF � w. w so, Me Motor a we sureares w # w IMM Mi ark As OF Is s w wldrdd.setnmd. ydm 155 leprousness i 5 ,pdM,MM MCA 8 112 Cl o!TemcuIa M910 OepvNmMaf PUL11c Wmb C ... IN, Repev L,,1 Pmj,e Re. PW1043 IdmIKPr l[d1M IN ILdN*NAk I N Arno a veuv vM v 119GM Kw*, ay PMpe MINI Vi n RV e. R& UNNA RI la 6 N ne9s9 +cw.xre vmn NINO aRsmm,,, is 13 IN RI a,Nk 10 0 10 10 6 IN RI 3MCWIFNIl 15 &RUmN" v safto 31 In un sw x'nX wiv aam ceeWx vn x uP qu M10-10 Oe011me1T M Po41¢ WoIXa OoMMHbp11 Lilt Bold No, MID -02 tM x<AM ORION mvfbnp W M Nx 18 !MeMHFY Nq.. Na,Y :. xe xttnexu ♦ e 'n 1mews9%wt aI IM. mr♦w vanm mm wwg5e eynmmn {pW ea�nme I is 6 114 xym WWMRNWammllvlm yusnm[mxn�mmxebr �spm•weeuwn M sulla apsopow IjqsN,&,A 16 RARIMMUM IN OeYnrnm' wln �Y I �n APublic Y&M, Cw[rvb MpYLM Pro}nIHo- PN10A3 paiI to I a wan. wM d�+l+..n Lwmx deft 69 Amm¢Apa % np}„ m sNNl NXIMM "R J, a mupoccAWAINaw do ow is 9 N Pi MMMM Uptsucomd MpcM mn q a w Mu HM " mu Mr, MicuxuMc MP III Pw, wm P»w NO RM ,mu RAPUW� Outh Not Mt v RIA paiI Clry Miemmcula �epmmenl et PUEI¢ Wed, Canneu R,p,ir Lilt Rdecl No. MI"2 oll CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW10 -02 CITYWIDE CONCRETE REPAIRS — FY 2009 -10 THIS CONTRACT, made and entered into the 22 n day of June, 2010 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY' and Mamco, Inc., hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW10 -02, CITYWIDE CONCRETE REPAIRS — FY 2009 -10, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications ,(latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications ") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW10 -02, CITYWIDE CONCRETE REPAIRS — FY 2009 -10. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517 -0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW10 -02, CITYWIDE CONCRETE REPAIRS — FY 2009 -10. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW10 -02, CITYWIDE CONCRETE REPAIRS — FY 2009 -10 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED SEVENTY DOLLARS AND SEVENTY CENTS ($170,170.70), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty -five (35) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. =X74LLTiIA011 re�Rn�alaRIn�a1-11.1lPfd:l=1 all] 4= Before submittal of the first payment request, the CONTRACTOR shall submit to the Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Engineer may require. This schedule, as approved by the Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. 1 =�11L 1119:9[7[d=1-1U1FId:l=1 Bill 4 Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90 %) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one -year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9 -3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http: / /wvvw.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and /or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his /her tenure or for one year thereafter. Furthermore, the contractor /consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works /City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589 -9033 Street Address: Greg Butler Director of Public Works /City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590 -3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: Mamco, Inc. 16810 Van Buren Blvd. Suite 200 Riverside, Ca. 92504 (951) 776 -9300 a Print or type NAME Print or type TITLE an Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Jeff Comerchero, Mayor Item No. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Award of a Construction Contract for Road and Storm Drain Repair at Rancho California Road, Project No. PW09 -08 PREPARED BY: Amer Attar, Principal Engineer - CIP Jon Salazar, Associate Engineer - CIP RECOMMENDATION: That the City Council: Award a construction contract for Project No. PW09 -08, Road and Storm Drain Repair at Rancho California Road, to ATOM Engineering Construction in the amount of $45,359.00; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $9,071.80 which is equal to 20% of the contract amount; 3. Authorize the transfer of Proposition 1 B funds from the Road and Strom Drain Repair at Rancho California Road project in the amount of $60,347.00 into the Road Reconstruction at Jedediah Smith Road project account in order to fund anticipated administration and construction engineering costs; 4. Make a finding that the Road and Storm Drain Repair at Rancho California Road project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: On March 9, 2010, the City Council approved the Plans and Specifications and authorized staff to solicit construction bids for the Road and Storm Drain Repair at Rancho California Road project. The work for Road and Storm Drain Repair at Rancho California Road project consists of removal of pipe debris, preparation of the interior surface of the corrugated metal pipe, and installation of a reinforced concrete pipe liner. On Wednesday, June 2, 2010, three bids were opened and publicly read aloud. The results were as follows: ATOM Engineering Construction $ 45,359.00 Caliagua, Inc. $ 47,300.00 West Coast Structures, Inc. $ 47,994.00 The Engineer's Estimate for the work is $30,000.00. The project specifications allow for a work schedule of 30 working days. Staff has reviewed the bids and found ATOM Engineering Construction to be the lowest responsible bidder. ATOM Engineering Construction has public contracting experience and has successfully undertaken similar projects for other public agencies in Southern California. Staff is requesting the approval of 20% contingency since this project is small and the likelihood that a change in scope would increase the project cost by more than the customary 10% contingency. At the March 9, 2010 Council meeting, City Council approved an amendment to the City's Proposition 1 B Spending Plan for FY 2008 -09 to include East Vallejo Avenue and Cabrillo Avenue as part of the Road Reconstruction at Jedediah Smith Road project. In order to fully fund the anticipated additional administrative and construction engineering charges associated with this expanded scope of work, staff is recommending that $60,347.00 of savings from the Road and Storm Drain Repair at Rancho California Road project be transferred into the Road Reconstruction at Jedediah Smith Road project account in accordance with the attached Proposition 1B Funds Allocation Summary. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07 -04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008 the RCA requires that Iocallyfunded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right -of -way improvements projects are 5% of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the MSHCP. The Road and Storm Drain Repair at Rancho California Road project consists of repairs to an existing storm drain line, entirely within the pipe, therefore there is no new disturbed area subject to the per acre MSHCP fees, and thus the project is exempt. FISCAL IMPACT: The Road and Storm Drain Repair at Rancho California Road project is funded with Proposition 1 B - Transportation Bond /Local Street & Roads, funds. Adequate funds are available in the project account, to cover the requested budget of $54,430.80, which includes the $45,359.00 contract plus the $9,071.80 contingency. Savings in the amount of $60,347.00 will be transferred to the Road Reconstruction at Jedediah Smith Road project in accordance with the attached Proposition 1 B Funds Allocation Summary. ATTACHMENTS: 1. Contract 2. Proposition 1 B Funds Allocation Summary 3. Project Description 4. Project Location CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACT FOR PROJECT NO. PW09 -08 ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD THIS CONTRACT, made and entered into the 22"' day of June, 2010 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "CITY', and ATOM Engineering Construction, hereinafter referred to as "CONTRACTOR." WITNESSETH: That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS. The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO. PW09 -08, ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications ,(latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications ") as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW09 -08, ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 1612 South Clementine St. Anaheim, California 92802 (714) 517 -0970 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PROJECT NO. PW09 -08, ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PROJECT NO. PW09 -08, ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by CITY. 3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of CITY or its authorized representatives. 4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the sum of: Forty five thousand three hundred fifty nine DOLLARS and no CENTS ($45,359.00), the total amount of the base bid. CONTRACTOR agrees to complete the work in a period not to exceed thirty (30) working days, commencing with delivery of a Notice to Proceed by CITY. Construction shall not commence until bonds and insurance are approved by CITY. 5. CHANGE ORDERS. All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS A. LUMP SUM BID SCHEDULE: Before submittal of the first payment request, the CONTRACTOR shall submit to the City Engineer a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the City Engineer may require. This schedule, as approved by the City Engineer, shall be used as the basis for reviewing the CONTRACTOR's payment requests. B. UNIT PRICE BID SCHEDULE: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the CITY, the CONTRACTOR shall be paid a sum equal to ninety percent (90 %) of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the CONTRACTOR filing a one -year Warranty and an Affidavit of Final Release with the CITY on forms provided by the CITY. C. Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. D. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contracts Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. E. In accordance with Section 9 -3.2 of the Standard Specifications for Public Works Construction and Section 9203 of the Public Contract Code, a reduction in the retention may be requested by the Contractor for review and approval by the Engineer if the progress of the construction has been satisfactory, and the project is more than 50% complete. The Council hereby delegates its authority to reduce the retention to the Engineer. 7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of one thousand dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to CONTRACTOR. CONTRACTOR will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10) calendar days of the occurrence of such delay, CONTRACTOR shall give written notice to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR shall provide written documentation sufficient to support its delay claim to CITY. CONTRACTOR'S failure to provide such notice and documentation shall constitute CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY. 8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph 6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as to work related to the payment. Unless the CONTRACTOR has disputed the amount of the payment, the acceptance by CONTRACTOR of each payment shall constitute a release of all claims against the CITY related to the payment. CONTRACTOR shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract, from the Director of the Department of Industrial Relations. These rates are available from the California Department of Industrial Relation's Internet Web Site at http: / /vwvw.dir.ca.gov. CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. 10. TIME OF THE ESSENCE. Time is of the essence in this contract. 11. INDEMNIFICATION. All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY, DISTRICT, and /or AGENCY its officers, employees, and agents, against any and all liability, injuries, or death of persons (CONTRACTOR's employees included) and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by CONTRACTOR, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the CITY. The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any and all costs incurred by the CITY as a result of Stop Notices filed against the project. The CITY shall deduct such costs from Progress Payments or final payments due to the CITY. 12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to CITY's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage relationship, and that he is not in any way associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. CONTRACTOR further warrants that no person in its employ has been employed by the CITY within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, CONTRACTOR shall immediately give notice thereof, including all relevant information with respect thereto, to CITY. 16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the CITY. 17. INSPECTION. The work shall be subject to inspection and testing by CITY and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of CONTRACTOR and any of its suppliers. CONTRACTOR shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. Any litigation concerning this Contract shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event of litigation between the parties concerning this Contract, the prevailing party as determined by the Court, shall be entitled to actual and reasonable attorney fees and litigation costs incurred in the litigation. 20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or of a local public body shall have any interest, direct or indirect, in the contract or the proceeds thereof during his /her tenure or for one year thereafter. Furthermore, the contractor /consultant covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101- 336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the CONTRACTOR as set forth in the Contract Documents, and to the CITY addressed as follows: Mailing Address: Greg Butler Director of Public Works /City Engineer City of Temecula P.O. Box 9033 Temecula, CA 92589 -9033 Street Address: Greg Butler Director of Public Works /City Engineer City of Temecula 43200 Business Park Drive Temecula, CA 92590 -3606 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: CONTRACTOR ATOM Engineering Construction 40410 Vista Road Hemet, CA 92544 (951) 929 -3907 a Print or type NAME Print or type TITLE Print or type NAME Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: CITY OF TEMECULA ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Jeff Comerchero, Mayor Project Proposition 1B Funds Allocation Based on City Council Actions FY 09/10 June 8 Updated Budget Transfers Budget June 22 Final Transfers Budge PW09 -06 - Slurry Seal Admin $ 86,071 $ 85,858 $ 85,858 Construction $ 47,347 $ 700,000 $ (107,343) $ 592,657 $ 592,657 Construction Engineering $ 257,343 $ $ 33,823 $ 33,823 $ 33,823 Design $ $ 20,000 $ $ - $ - Total Design $ 819,894 $ (107,343) $ 712,338 $ 712,338 PW09 -08 - RCR Storm Drain Admin $ 86,071 $ 75,316 $ (25,000) $ 50,316 Construction $ 47,347 $ 209,623 $ (150,000) $ 59,623 $ (5,192) $ 54,431 Construction Engineering $ 257,343 $ $ 25,000 $ 25,000 $ (12,000) $ 13,000 Design $ $ 20,000 $ 18,155 $ (18,155) $ - Total Design $ 340.694 S (150.000) S 178.094 S (60.347) $ 117.747 PW09 -10 - Jedediah Smith Road Admin $ 43,036 $ 33,062 $ 47,347 $ 80,409 Construction $ 215,000 $ 257,343 $ 472,343 $ 472,343 Construction Engineering $ 17,311 $ 17,311 $ 13,000 $ 30,311 Design $ 20,000 $ 20,000 $ 20,000 Total $ 295,347 $ 257,343 $ 542,716 $ 60,347 $ 603,063 PROJECT DESCRIPTION Project Title: ROAD AND STORM DRAbbi REPAIR AT RANCRO CALIFORNIA ROAD PRIORITY:I Project Type: Circulation Description: Project will replace approumately 140 feet of aging comouted nodal pipe under Rancho California Road, cast of Hope Drive, with reinforced concrete pipe, end rccnnstmu Mat portion oftbe roadway. Department; Public Worts - Amount NO. 210.165510 Scope 0 Project Project will include enviroruoenul processing. design, and reconslmction of Me roadway segment aReued by Me failing drainage pipe. Bene1R: Project will improve saety and circulat ion while maintaining theintegriry of ft meats during inclement weather. Project Gast Actuals to Date 2009 -10 2010 -11 2011 -12 2012 -2013 2013 -2014 Future Ynn Total Project Cwt Administration $ 86,071 S 86,071 Construction E 209.623 E 209.623 Condominium Engineering $ 251000 S 25,000 Design $ 20p00 E 20,000 Touls $ $ 340694 $ $ E E E E 340,694 Source of Funds: Proposition IB(siaen ma Roma $ 340,694 I 340.694 Total Fend g: $ S 340,699 S $ I E E I 340,694 Future 0 B M Goat N/A r.aj «Inn.: RO"ANnsmnm Item No. 15 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Annual Purchase Agreement for FY2010 -2011 for the Purchase of Asphalt Products PREPARED BY: Rodney Tidwell, Maintenance Supervisor RECOMMENDATION: That the City Council approve the purchase agreement for Fiscal Year 2010 -2011 with CalMat (dba Vulcan Materials Company) in the amount of $100,000.00. BACKGROUND: The City routinely repairs streets that have been accepted into the City's street maintenance system. The Public Works Maintenance Division purchases and installs hot mix asphalt, SS1 H tack, and Class "2" Base for potholes and pavement repairs. Staff recommends that the City Council approve the purchase agreement with CalMat, for Fiscal Year 2010 -2011 to purchase paving materials. CalMat is currently a sole source vendor in the Southwest Riverside County for the purchase of hot mix asphalt and SS1 H emulsion tack. Their one (1) plant location is in Corona. FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2010- 2011 Operating Budget for the Public Works Department, Maintenance Division for Routine Street Maintenance. ATTACHMENTS: Purchase Agreement NON- EXCLUSIVE COMMODITY AGREEMENT BETWEEN CITY OF TEMECULA AND CALMAT (dba VULCAN MATERIALS COMPANY) FOR HOT MIX ASPHALT AND SS1 H EMULSION TACK THIS AGREEMENT is made and effective as of July 1, 2010, between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and CALMAT (dba Vulcan Materials Company, a Corporation (hereinafter referred to as "Vendor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011 unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2014. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim - Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. PURCHASE OF GOODS Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non - exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non - exclusive and the City reserves the right to purchase similar goods from other consultants. 3. PURCHASE PRICE The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of One Hundred Thousand Dollars and No Cents ($100,000.00) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. invoices shall be submitted between the first and I fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non - disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title. License and Operating Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Agreement Documents that may be attached hereto or incorporated herein. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 6. RISK OF LOSS Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. INSPECTION AND ACCEPTANCE City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. REJECTION In the event of such notice of non - conformity by City pursuant to the section entitled "Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or units /portions of the Merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City 2 attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 9. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Merchandise or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 10. NON -ASSIGNABILITY The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. INDEPENDENT CONTRACTOR The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the Vendor shall at all times be under Vendor's exclusive direction and control. 12. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. INDEMNIFICATION Vendor agrees to defend, indemnify, protect, and hold harmless, the City, District and/or Agency and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City, District and/or Agency its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non- performance of this Agreement, excepting only liability out of the sole negligence of the City. I 14. . TERMINATION OR SUSPENSION This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 3 15. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 16. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 17. SEVET RABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this 'Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. ENTIRE AGREEMENT This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. I i i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CALMAT (dba Vulcan Materials Company (rwo Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Don Luna, District Sales Manager ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Chris East, So. Cal. Sales Rep. By: Peter M. Thorson, City Attorney VENDOR CALMAT (dba Vulcan Materials Company Don Luna, District Sales Manager 1603 E. Foothill Boulevard Irwindale, CA 91702 909/421 -4162 j FSM Initials Date: i` i 5 EXHIBIT A DESCRIPTION AND PRICE LIST OF MERCHANDISE s Attn: Rodney Tidwell [ Rodney .Tidwell @cityoftemecu la.org] 951- 694 -6475 Temecula/ City Of Po Box 9033 Temecula, CA 92589 Acct #: 0710049 Date: Thursday, May 27, 2010 Quote Created: Thursday, May 27, 2010 Quote #: 1- NIR6X6 Quote Name: 1- NIR6X6 Effective From: Thursday, July 01, 2010 Version #: 3 Materials Company Project: FOB CORONA 7/1/2010 THRU 6/30/2010 PICKED UP VARIOUS LOCATIONS TEMECULA, CA Sales Rep: Chris East eastc @vmcmail.com (626)633 -1228 Quote Expiration: Saturday, June 26, 2010 Price Expiration: Thursday, June 30, 2011 Special instructions: PRICE QUOTED IS PICKED UP. DELIVERY IS EXTRA.TAX SUBJECT TO INCREASE.PRICE EXCLUDES ENVIRONMENTAL FEE OF $1.00 +TAX PER LOAD. PRICES EFFECTIVE 7/1/2010 THRU 6/30/2010 Asphalt F.O.B. F.O.B. Plant Plant ___,._, Product Name 111,111.1.111, Product Qty. _. ......... UN ,,,,,,,,,,, _,__,_ Tax Incl.,, Corona Asphalt ENVIRONMENTALFEE 9BB 1 Each $1.00 $0.09 $1.09 Corona Asphalt REG- HOTMIX64 -10 B5X 1 TONS $62.00 $5.43 $67.43 Corona Asphalt ' SHEETMIX/SCHLMIX B7X 1 TONS $65.00 $5.69 $70.69 Corona Asphalt COLD MIX 3 /8 "SC8 B91-1 1 TONS $65.00 $5.69 $70.69 Corona Asphalt SS1H /GAL BMt 1 GALS $7.00 $0.61 $7.61 Corona Asphalt SS1 H/4.5 Gal Bucket BM2 1 Each $41.00 $3.59 $44.59 All taxes applicable to the sale or delivery of materials will be invoiced to and paid by the customer. Terms are Net 30. Please note standard terms and conditions apply. This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review /revision. Please contact Sales prior to placing the order. Accepted by: _ Date: _ Sales Representative: Date: We appreciate the opportunity to provide you this quote and trust that Vulcan will have the pleasure serving your needs for this and future projects. Quotation generated on 5/27/2010 Item No. 16 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Annual Purchase Agreement for Citywide Street Name Signs, for Fiscal Year 2010 -2011 PREPARED BY: Rodney Tidwell, Maintenance Supervisor RECOMMENDATION: That the City Council approve an annual agreement with Main Street Signs in the amount of $75,000.00 for Fiscal Year 2010 -2011. BACKGROUND: The Public Works Maintenance Division requested quotes from three (3) sign manufacturing vendors for the purchase of Citywide street name signs, traffic control signs, specialty signs and hardware for sign replacements and repairs. Main Street Signs provided the lowest quote for the City wide signs and necessary hardware for new installations, replacement, repair and related hardware. Main Street Signs has been providing all City street name signs and repair hardware for sixteen years. In obtaining price quotes from various vendors, Main Street Signs has consistently been the lowest and most responsible bidder in providing the Citywith exceptional; and reliable service forthe past sixteen years. Staff recommends maintaining the City's current street name sign stock; maintain the ability to provide signs and hardware within 24 to 48 hours from the vendor for sign installations and repairs; and enter into a contract with Main Street Signs for these services. FISCAL IMPACT: Adequate funds are programmed in the Fiscal Year 2010 -2011 Operating Budget for the Public Works Department, Maintenance Division and Public Works Traffic Division Signs Account. ATTACHMENTS: Contract NON- EXCLUSIVE COMMODITY AGREEMENT BETWEEN CITY OF TEMECULA AND MAIN STREET SIGNS FOR CITY STREET NAME SIGNS THIS AGREEMENT is made and effective as of July 1, 2010, between the City of Temecula, a municipal corporation (hereinafter referred to as "City "), and Main Street Signs, a Corporation (hereinafter referred to as "Vendor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011 unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year terms. In no event shall the contract be extended beyond June 30, 2014. If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each calendar year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim - Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. PURCHASE OF GOODS Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Vendor for the non - exclusive procurement of retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set forth in full. The Vendor understands this Agreement is non - exclusive and the City reserves the right to purchase similar goods from other consultants. 3. PURCHASE PRICE The City agrees to pay the Vendor for merchandise ordered and received with an annual not to exceed amount of Seventy Thousand Dollars and No Cents ($75,000.00) for the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and accepted. Payment will be made within thirty (30) business days following the receipt of invoice as to all non - disputed fees. The not to exceed purchase amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in purchases. 4 REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and 1 performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title, License and Operating Condition. Vendor has good and marketable title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and restrictions except for such as may be created or granted by City. All of the merchandise is in good condition, free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in the Agreement Documents that may be attached hereto or incorporated herein. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 5. TIME OF DELIVERY The date and time of delivery of the merchandise shall be stated at time of order. The merchandise shall be delivered to the City location as stated on the purchase order or at time of merchandise order. 6. RISK OF LOSS Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 7. INSPECTION AND ACCEPTANCE City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If in the determination of the City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 8. REJECTION In the event of such notice of non - conformity by City pursuant to the section entitled "Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or units /portions of the Merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 9. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance. Vendor expressly agrees that both the Merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Merchandise or any part thereof pursuant to the section entitled "Rejection" above, City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Vendor. 10. NON -ASSIGNABILITY The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. INDEPENDENT CONTRACTOR The Vendor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the Work under this Agreement on behalf of the Vendor shall at all times be under Vendor's exclusive direction and control. 12. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 13. Vendor agrees to defend, indemnify, protect, and hold harmless, the City, District and/or Agency and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City, District and/or Agency its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non - performance of this Agreement, excepting only liability out of the sole negligence of the City. 14. TERMINATION OR SUSPENSION This Agreement may be terminated or suspended at any time, for any reason, with or without cause at the sole and exclusive discretion of the City Manager, without default or breach of this Agreement by the City. 15. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 3 16. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 19. ENTIRE AGREEMENT This is the entire agreement between the parties regarding the commodities purchased by this Agreement. Any modification or amendment of this Agreement shall not be effective unless in writing and assigned by the parties to this Agreement. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MAIN STREET SIGNS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jeff Comerchero, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney By: By: Chuck Atha, President Gina M. Atha VENDOR MAIN STREET SIGNS Chuck Atha, President 1211 W, Brooks Street, Suite A Ontatio, CA 91762 909/391 -0988 FSM Initials: Date: & b 5 EXHIBIT A DESCRIPTION AND PRICE LIST OF MERCHANDISE Main Street I Signs 1211 W. BROOKS ST. STE. A ONTARIO, CA 91762 909 -391 -0988 FAX 909 - 391 -0249 NAMEIADDRESS CITY OF TEMECULA PO BOX 9033 TEMECULA, CA 92589 -9033 RODNEY �� REP TERMS Net 30 SIGN DESCRIPTION CITY UNIT TOTAL Rl STOP SIGN 30" HIP 1160 1 52.10 52.1 OT R2 SPEED LIMIT 25 24X30 HIP 1 35.00 35.00T R4 -7 KEEP RIGHT SYMBOL 24X30 HIP 1 35.00 35.00T W55 FLOODED 30X30 HIP 1 37.50 37.50T W5 CURVE (ARROW) 36X36 HIP 1 55.00 55.00T W20 -1 ROAD WORKAHEAD 36X36 HIP 1 55.00 55.00T C5 DETOUR W/ARROW 36X12 HIP 1 21.00 21.00T RI -4 ALL WAY 18X6 HIP 1 6.25 6.25T G93 BIKEROUTE 24XI8 HIP 1 21.00 21.00T R32 2 HR PARKING W/TIMES 12X18 HIP 1 12.25 12.25T PRICES GOOD THRU JULY 2010 - NNE 2011 SALES TAX 8.75% 28.88 TOTAL $358.98 ALL QUOTES GOOD FOR 30 DAYS. EMAIL:chuck @mainstreetsigns.net WEBSITE: www.mainstreetsigns.net Main Street I Signs 1211 W. BROOKS ST. STE. A ONTARIO, CA 91762 909 - 391 -0988 FAX 909 - 391 -0249 NAME /ADDRESS ATTN:ACCTSPAYABLE PO BOX 9033 TEMECULA, CA 92589 -9033 Estimate - DATE 1/27/2010 Rodney I REP I TERMS I Net 30 SIGN DESCRIPTION QTY UNIT TOTAL SPEC ALL SIGNS 48" X 48" 1 144.00 144.00T SPEC ALL SIGNS 36" X 36" 1 81.00 81.00T SPEC ALL SIGNS 30" X 36" 1 67.50 67.50T SPEC ALL SIGNS 30" X 30" 1 56.25 56.25T SPEC ALL SIGNS 30 "X 24" 1 45.00 45.00T SPEC ALL SIGNS 24" X 24" 1 36.00 36.00T SPEC ALL SIGNS 24" X 18" 1 27.00 27.00T SPEC ALL SIGNS 18" X 18" 1 20.25 20.25T SPEC ALL SIGNS 12 "X 18" 1 18.00 18.00T SPEC ALL SIGNS SMALLER 1 15.00 15.00T SPEC NON STANDARD TRAFFIC SIGNS $21.00 sq ft 1 0.00 O.00T SQ. POST SQUARE POST 10' 1 55.00 55.00T SQ. POST SQUARE POST 12' 1 65.00 65.00T ANCHORS POST ANCHORS 30" 1 35.00 35.00T DRIV-RN DRIVE RIVETS 3/8 1 1.00 LOOT H/W HARDWARE for street name signs 1 22.00 22.00T H/W HARDWARE nuts and bolts lset 1 4.50 4.50T DURA -POST DURA -POST WBASES (delineators) 1 45.00 45.00T Q- MARKER ROAD MARKERS 4 "X21" W/ BASES (island markers) 1 40.00 40.00T SALES TAX 8.75% 68.03 TOTAL $845.53 ALL QUOTES GOOD FOR 30 DAYS EMAIL:chuck@mainstreetsigns.net WEBSITE: www.mainstreetsigns.net Item No. 17 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Approval of Purchase and Sale Agreement for acquisition in fee of the real property commonly known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel Number 910 - 262 -008 in connection with the City's proposed French Valley Parkway /Interstate -15 Over - Crossing and Interchange Project - Project Numbers PW02 -11 and PW07 -04 PREPARED BY: Amer Attar, Principal Engineer Paula Gutierrez Baeza, City Attorney's Office RECOMMENDATION: That the City Council: Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BASICS ETC. CORPORATION IN CONNECTION WITH THE FRENCH VALLEY PARKWAY/ INTERSTATE -15 OVER - CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT — PROJECT NUMBERS PW02 -11 AND PW07 -04 2. Authorize the Finance Director to issue a warrant for the sum of $2,335,000.00 plus escrow fees for deposit with the Escrow Holder First American Title Insurance to complete the transaction. Escrow fees are estimated to not exceed $15,000.00. 3. Authorize the City Manager to approve and execute any necessary documents, including the lease in the form substantially attached as Exhibit "C" to the Purchase and Sale Agreement, and to take all necessary actions to complete this acquisition, including without limitation, all escrow instructions. BACKGROUND: The City of Temecula, the City of Murrieta and the California Department of Transportation ( "Caltrans ") have been working cooperatively on the proposed French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04 ( "Proposed Project "). The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the 1 -15/1 -215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor system parallel to 1 -15 between the 1 -15/1 -215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to 1 -15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. Caltrans authorized the City to acquire the necessary real property interests from two parcels under its early acquisition policy. One of these parcels that the proposed Project would impact is the real property commonly known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel Numbers 910 - 262 -008 ( "subject property ") that is the subject of the attached Purchase and Sale Agreement. Accordingly, the City, on July 8, 2009, extended a written offer to the property owner, Basics Etc. Corporation ( "Basics "), to purchase the subject property for the sum of $2,335,000.00 ( "Purchase Price "). The Purchase Price is the fair market value of the subject property as determined by the City's independent appraiser based on an October 2008 date of value. In accordance with Caltrans ROW acquisition procedures an independent review appraisal was completed with results presented to Council in closed session late April 2009, at which time the Council authorized extending an offer to Basics. Basics accepted the offer shortly thereafter, initiating the negotiations of terms of the Purchase and Sale Agreement (including Caltrans review and approval). As shown in the attached Purchase and Sale Agreement, Basics accepted the City's offer to purchase the subject property for the Purchase Price. The attached Purchase and Sale Agreement provides that the City will pay to Basics outside of escrow the relocation assistance and benefits to which Basics is entitled under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.) ( "California Relocation Law"). The City's relocation consultant is working with Basics to provide the applicable relocation assistance and benefits. The Agreement provides that the Purchase Price of $2,335,000.00 does not include compensation for improvements pertaining to the realty, which will be made by the City to Basics outside of the escrow and in compliance with Article 3 of the Eminent Domain Law (Compensation for Improvements), commencing at Code of Civil Procedure Section 1263.025 et seq. Further, the Purchase and Sale Agreement provides that the Purchase Price does not include compensation for loss of goodwill, if any, under Code of Civil Procedure Section 1263.510. To obtain compensation for loss of goodwill under Code of Civil Procedure Section 1263.510, Basics, as the owner of the existing business operating on the Property, has to prove the elements set forth in Code of Civil Procedure Section 1263.510. Any recommended payments for relocation benefits, improvements pertaining to the realty and loss of goodwill would be considered by the City Council at a later date when the relevant information is available to City staff. Finally, the Purchase and Sale Agreement provides that the City would lease the subject property to Basics pursuant to the terms of the form of lease attached as Exhibit "C" to the Purchase and Sale Agreement. Under the lease, the City would lease the subject property to Basics on a month -to -month basis commencing on the close of escrow. Basics is required to vacate the subject property on the 90th day from the City's issuance of a 90 -day notice to vacate or two years from the date that escrow closes, whichever occurs sooner. The City will not issue a 90 -day Notice to Vacate until the property is required for the Proposed Project to be Certified by Caltrans. The lease provides that the base rent for the nine -month term starting on the close of escrow is zero ($0.00) dollars per month to allow Basics time to locate a suitable new location and minimize negative impacts to the existing business. The rent beginning on the tenth month after the date that escrow closes is $8,656.00 per month based on the fair market lease rent of $0.50 per square foot. The lease provides that the above monthly rent represents the current fair market rent for light industrial buildings in the City of Temecula and City of Murrieta areas based on the data available in May 2010, which showed that the majority of available spaces had asking rents clustered around $0.49 and $0.50 per square foot. The lease provides that if the market rents decline by more than 10% as of the end of the ninth -month term, Basics is authorized to submit to the City market data to show the decline in market rents in the Temecula and Murrieta areas. The lease would require the parties to negotiate in good faith. The parties would amend the monthly rent commencing on the 10th month from the close of escrow by using similar methodology as that used to determine the $8,656.00 amount in the lease. FISCAL IMPACT: The French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04 are identified in the City's Capital Improvement Program and are funded with various funding sources. The purchase amount of $2,335,000.00 is reimbursable in its entirety from the Transportation Uniform Mitigation Fee (TUMF) funding set aside for right of way acquisition. The City can submit for reimbursement as soon as the transaction is complete. Sufficient funds are available in the project accounts. ATTACHMENTS: 1. Resolution 10- 2. Purchase and Sale Agreement and Exhibits to Agreement 3. Project Location and Description RESOLUTION NO. 10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BASICS ETC. CORPORATION IN CONNECTION WITH THE FRENCH VALLEY PARKWAY/ INTERSTATE -15 OVER - CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT — PROJECT NUMBERS PW02 -11 AND PW07 -04 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: 1. Findings. A. The City of Temecula, the City of Murrieta and the California Department of Transportation ( "Caltrans ") have been working cooperatively on the proposed French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04 ( "Proposed Project "). The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the 1- 15/1 -215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor (C /D) system parallel to I- 15 between the 1 -15/1 -215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to 1 -15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. B. Caltrans authorized the City to acquire the necessary real property interests from the real property commonly known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel Numbers 910 - 262 -008 ( "subject property ") pursuant to Caltrans' early acquisition policy. C. On July 8, 2009, the City extended a written offer to the property owner, Basics Etc. Corporation to purchase the subject property for the sum of $2,335,000.00, which is the fair market value of the property based on an appraisal prepared by the City's independent appraiser that used a date of value of October 9, 1081620.1 2008. The property owner accepted the City's offer. The purchase price of $2,335,000.00 is for the fee interest in the subject property. D. At its meeting of February 23, 2010, the City Council adopted Resolution No. 10 -14, A Resolution of the City Council of the City of Temecula Adopting a Mitigated Negative Declaration for the French Valley Parkway/ Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04 and Approving the Project. In adopting Resolution No. 10 -14, the City Council found that based on the record before it (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment that cannot be adequately and feasibly mitigated; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. 2. Approval of Purchase and Sale Agreement. The City Council of the City of Temecula hereby approves that certain agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Basics Etc. Corporation in connection with the French Valley Parkway /Interstate -15 Improvements Project — Project Numbers PW02 -11 and PW07 -04 ", with such changes in the Agreement as may be mutually agreed upon by Basics Etc. Corporation and the City Manager as are in substantial conformance with the form of such Agreement on file in the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement, on behalf of the City. A copy of the final Agreement when executed by the Mayor shall be placed on file in the Office of the City Clerk. This approval of the Agreement is not an announcement of the City's intent to acquire any other real property interest for the proposed Project and does not commit the City to acquire any other real property interest for the proposed Project. 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement, including but not limited to, approval and execution on behalf of the City of grant deeds, acceptances, escrow instructions, certificates, estoppel letters, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. The City Manager (or his designee) is also hereby authorized on behalf of the City to execute the Lease Between the City of Temecula and Basics Etc. Corporation in connection with the French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04, with such changes in the Lease as may be mutually agreed up on by Basics Etc. Corporation and the City Manager, as are in substantial conformance with the form of the Lease attached as Exhibit "C" to the Agreement. 4. Environmental Analysis. The environmental effects of the acquisition of the subject property were studied as an integral part of the Mitigated Negative Declaration adopted for the proposed Project. The findings made by the City Council at 1081620.1 its meeting of February 23, 2010 in adopting the Mitigated Negative Declaration are the appropriate findings for the acquisition of the subject property. 5. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: IG1: i. ��G 11►�K�1�1►Nll�dil�dil:l�:i.91 1081620.1 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE CITY OF TEMECULA AND BASICS ETC. CORPORATION IN CONNECTION WITH THE FRENCH VALLEY PARKWAY /INTERSTATE -15 OVER - CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT — PROJECT NUMBERS PW02 -11 AND PW07 -04 This Purchase and Sale Agreement Between the City of Temecula and Basics Etc. Corporation and Joint Escrow Instructions in connection with the French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project - Project Numbers PW02 -11 and PW07 -04 ( "Agreement ") is dated and entered into as of , 2010 ( "effective date ") by and between BASICS ETC. CORPORATION ( "Seller ") and the CITY OF TEMECULA, a municipal corporation ( "Buyer" or "City "), and constitutes an agreement to purchase and sell real property between the parties and the parties' joint escrow instructions directed to First American Title Insurance Company ( "Escrow Holder "). RECITALS A. Seller is the record fee owner of certain real property, which is commonly known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel Numbers 910 - 262 -008 ( "Property "). The Property is described on Exhibit "A" and depicted on Exhibit `B" to this Agreement. Exhibits "A" and `B" are incorporated herein by this reference. B. On July 8, 2009, Buyer sent to Seller a written offer to purchase certain real property interests from the Property pursuant to Government Code Section 7267.2 for a public use, namely for the City's proposed French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project- Project Numbers PW02 -11 and PW07- 04 ( "Proposed Project "). Specifically, the City offered to purchase an approximate 18,983 square foot area in fee, including improvements in the area, for the construction of the Proposed Project. The City's construction of the Proposed Project would impact the industrial building and other improvements located on the larger parcel requiring the demolition of the building. The City's offer explained that the acquisition of the proposed 18,983 square foot area from the Property, including improvements, would leave an approximate 25,013 remainder parcel consisting of vacant land. The 25,013 square foot remainder parcel is less than the 40,000 square foot minimum lot size required for development by the Service Commercial Zoning and General Plan designations of the Property. Accordingly, the City offered as an alternative, to purchase the entire Property. Seller has accepted the City's offer to purchase the entire Property. C. The City seeks to acquire the Property, together with all improvements and non - moveable fixtures thereon for a public use, namely for public street purposes and all uses necessary or convenient thereto in connection with the proposed Project. The Proposed Project would construct a new interchange, French Valley Parkway, at Interstate 15, between the existing Winchester Road (State Route 79 North and the I -15/I- 215 junction, along with enhancements to facilitate improved operations on the existing mainline facility. French Valley Parkway would be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in both the northbound and southbound directions. The Proposed Project would also construct an up to three -lane collector distributor system parallel to I -15 between the I- 15 /I -215 confluence and Winchester Road in both the northbound and southbound directions. The collector distributor system will relieve mainline congestion in this area caused by weaving traffic movement. This system would remove large numbers of commuters who are entering and exiting the freeway in this area from the main line which would provide better levels of service to vehicles traveling through this area. The Proposed Project would construct north and southbound on- and off -ramps to I -15 connecting Jefferson Avenue on the west with the extension of Date Street to the east. The portion of the I -15 interchange adjacent to the larger parcel would be above grade and Madison Avenue would end at McCabe Court. The Proposed Project is the result of cooperation between the Cities of Temecula and Murrieta and the California Department of Transportation ( "Caltrans "). D. Phase I of the Proposed Project would construct the new southbound off -ramp at French Valley Parkway and provide a second lane on the Winchester Road southbound off -ramp ( "Phase I"). Phase I of the Proposed Project would also construct an auxiliary lane prior to the Winchester Road southbound off -ramp. Phase I is identified in the 2008 Regional Transportation Improvement Program (RTIP) as including the design and construction of French Valley Parkway from the I -15 to Jefferson, the southbound exit ramp, the southbound auxiliary lane from French Valley Parkway to Winchester Road, and the widening of the Winchester Road southbound exit ramp (Project ID # 991202). Pursuant to the approved Initial Study with Proposed Mitigated Negative Declaration/ Environmental Assessment dated January 2010 ( "Initial Study with Proposed Mitigated Negative Declaration ") and the approved Project Report ( "Project Report"), the City estimates that if the Proposed Project is constructed, the construction of Phase I would start in 2011 and would take approximately 18 months to complete. E. Phase II of the proposed Project would construct the remaining improvements described as part of the Proposed Project, including the full French Valley Parkway Overcrossing and Interchange and the C/D system ( "Phase I1 "). Phase II also includes the construction of the design elements, including soundwalls, retaining walls, treatment l3MPs and landscaping. Design of Phase II would be initiated while Phase I design is being completed so that Phase II construction can commence as soon as Right of Way Certification for Phase II is obtained by Caltrans. If the City is able to obtain the necessary right of way for the Proposed Project, the City estimates that construction of Phase II would start in early 2013 and may take approximately 24 months to complete. This timeline is a rough estimate. The Initial Study with Proposed Mitigated Negative Declaration and the Project Report explain that the Proposed Project seeks to reduce the current and projected traffic congestion on the ramps and freeway mainline in the area of the Proposed Project. It Page 2 Basics Etc. - PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc seeks to improve safety and operations between Winchester Road and the I -15 /I -215 Junction. The Proposed Project also seeks to provide alternative vehicular access to I -15 that will also provide operational improvement to the I -15 /Winchester Road interchange. Further, the Proposed Project seeks to provide improvements to accommodate projected growth and to facilitate local circulation consistent with the General Plans of the Cities of Temecula and Murrieta. F. The Property is necessary for the construction of Phase II of the Proposed Proj ect. G. The parties acknowledge that the City is authorized to acquire real property by eminent domain for a public use, including public street purposes and all uses necessary or convenient thereto, pursuant to the authority conferred upon the City of Temecula by California Constitution Article 1, Section 19, California Government Code Sections 37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law). The parties also acknowledge that the Proposed Project is a public use for which Buyer has the authority to exercise the power of eminent domain. The parties further acknowledge that the City Council of the City of Temecula, as the City's governing body, has sole discretion to make the findings required by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If Seller and the City had not reached an agreement for the City's purchase of the Property, City staff would have recommended to the City Council that it consider the adoption of a resolution of necessity authorizing the initiation of eminent domain proceedings to acquire the Property in accordance with the Eminent Domain Law. The City Council, however has the exclusive and sole discretion to adopt a resolution of necessity. The adoption of any such resolution of necessity would require the City's compliance with the Eminent Domain Law and with Chapter 9 of the Caltrans Right of Way Manual. H. Seller desires to sell, and Buyer desires to buy, the Property on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt of which is hereby acknowledged, Buyer and Seller agree to the following: 1. Purchase and Sale. On the Close of Escrow (as defined in Section 2 below), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property from Seller, on the terms and conditions set forth in this Agreement. 2. Opening and Close of Escrow. Within five (5) business days after the Effective Date of this Agreement, the City will deliver a fully executed copy of this Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow means the date on which Escrow Holder receives a fully executed copy of this Agreement from Buyer and Seller. The parties can execute the Agreement in counterparts as set Page 3 Basics Etc. - PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc forth in paragraph 24.e. below. Close of Escrow means the date on which the Grant Deed is delivered and recorded in the Official Records of the County of Riverside. The Close of Escrow will occur after the performance of all duties and obligations under this Escrow that are required to take place prior to Close of Escrow. The Close of Escrow will be on the date that is not later than the first business day occurring thirty (30) days after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to the Property from any source whatsoever will be solely that of Seller. 3. Purchase Price. The total purchase price that Buyer will pay to Seller for the Property is the sum of $ 2,335,000 (Two Million Three Hundred Thirty -Five Thousand Dollars) for the fair market value of the land and improvements comprising the Property (referred to below as the "Purchase Price "). No attempt has been made to assign value to the lesser interest in the Property, including any leasehold estate. Thus, the Purchase Price is the total price for the Property without distinction or separation for various interests that may be held in the Property. Seller will be responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist. 4. Leaseback Agreement and Possession of Propertv By Buver Prior to Right of Way Certification. Buyer agrees to lease to Seller and Seller agrees to lease from Buyer the Property after the Close of Escrow subject to the terms of the Lease attached as Exhibit "C" hereto, which is incorporated herein by this reference. Seller may continue to occupy the Property pursuant to the Lease until the City issues a 90 (ninety) day Notice to Vacate. Seller agrees to vacate the Property on the 90th day after the City issues the 90 -day Notice to Vacate or two years from the date of Close of Escrow, whichever is sooner. The City will not issue a 90 -day Notice to Vacate until the Property is required for the Proposed Project to be Certified. Seller understands that the City expects to commence the design of Phase II during 2010. The City anticipates that the design phase for Phase II of the Proposed Project may take approximately twenty - four to thirty months. The City agrees to keep Seller informed about the status of Phase I and Phase II. Seller understands that Caltrans has to certify that the right of way necessary to construct the Proposed Project is in the possession of the City and/or the State of California during the later stages of the design for Phase II of the Proposed Project. Accordingly, the City has to have possession of the Property at least ninety (90) days prior to the anticipated date for approval of the design for Phase II of the Proposed Project to provide Caltrans sufficient time to certify the right of way for the proposed Project prior to commencement of construction of Phase IL Phase I and Phase II of the Proposed Project are described in Section D of the Recitals above. Seller warrants that it will not encumber the property after Close of Escrow and during the term of the lease. 5. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder will obtain and issue a title commitment for the Property. Escrow Holder will also Page 4 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Escrow Holder will deliver these instruments and the title commitment to Buyer and Seller. Escrow Holder will insure Buyer's fee title to the Property, which is described above in Section A and in Exhibits "A" and `B" to this Agreement, at the Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance (or an ALTA Extended Coverage Policy if Buyer elects such coverage as provided below in Section 5.e.) in the amount of the Purchase Price (the "Policy "). Buyer will pay for the cost of the Policy. a. The Policy provided for pursuant to this Section will insure Buyer's interest in the Property free and clear of all liens, encumbrances, restrictions, and rights - of -way of record, subject only to the following permitted conditions of title ( "Permitted Title Exceptions "): Real property taxes for the current tax fiscal year that are not due and payable. ii. The applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property; and iii. Those non - monetary exceptions approved by Buyer within ten (10) business days after the date Buyer receives the title commitment and legible copies of all instruments noted as exceptions therein. If Buyer unconditionally disapproves any such exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will have no further force or effect. If Buyer conditionally disapproves any such exceptions, then Seller will use Seller's best efforts to cause such exceptions to be removed by the Close of Escrow. If such conditionally disapproved non - monetary exceptions are not removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the Property subject to such encumbrances, or terminate the Escrow and receive a refund of all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if any, and this Agreement will thereupon be of no further force or effect. At the Close of Escrow, Buyer's fee interest in the Property will be free and clear of all monetary encumbrances. b. The parties recognize that Buyer's approval of the Permitted Title Exceptions is subject to approval by the Caltrans. C. Buyer will have the option of obtaining an ALTA Extended Coverage Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of Title Insurance. In such event, Buyer will, at its expense, procure an ALTA survey. Buyer will pay the cost of any such ALTA Extended Coverage Form Policy of Title Insurance. 6. Deposit Buyer covenants and agrees to deposit the Purchase Price with Escrow Holder within 15 business days after the date this Agreement is fully executed by Page 5 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc the parties 7. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder within 15 business days after the date this Agreement is fully executed by the parties, the Grant Deed ( "Grant Deed ") duly executed and acknowledged by Seller, granting and conveying to Buyer the Property in fee. The form of the Grant Deed is attached as Exhibit "D" to this Agreement and is incorporated in this Agreement by this reference. Buyer will accept said executed Grant Deed prior to recording. 8. Processing of Development Applications. The parties acknowledge that Seller desires to purchase another real property within the City of Temecula on which to relocate the existing business that Seller operates on the Property. If Seller purchases another real property within the City of Temecula to relocate its existing business, the City agrees to assist Seller with processing of development applications, building permits, occupancy permits and related documents through the City's Community Development Department by providing the relevant information and helping to schedule meetings with the relevant staff members to facilitate Seller's relocation of the existing business. The parties further acknowledge that Seller is solely responsible for all costs relating to these development - related applications and processing of such applications. The City will process such applications in accordance with the City's Municipal Code and applicable law. This Agreement does not divest the City of its discretionary authority over development applications. The parties agree that the parties will complete any obligations under this Section 8 outside of Escrow and that the satisfaction of the obligations set forth in this Section 8 is not a condition precedent to the Close of Escrow. 9. Authorization to Record Documents and Disburse Funds. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled: a. Escrow Holder can issue in favor of Buyer the Policy, showing the Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the Property, so that the Property will be free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Seller regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Property. b. City will have deposited with Escrow Holder the Purchase Price and Escrow Charges. C. Escrow Holder will have received Buyer's notice of approval or satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as provided for below in Section 16; and Page 6 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc d. Seller will have deposited in Escrow the executed Grant Deed as required by Section 7 and the estoppel certificate required by Section 16.e. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Policy, including the Grant Deed. 10. Escrow Charges and Prorations. a. Buyer will pay for the cost of the CLTA Owner's Standard Coverage Policy of Title Insurance (or at Buyer's option the ALTA Extended Coverage Policy), Escrow Costs and Escrow Holder's customary out -of- pocket expenses for messenger services, long distance telephone, etc. Buyer will pay for recording the Grant Deed and any documentary or other local transfer taxes, and any other recording fees. If the Escrow fails to close through no fault of either party, Buyer will pay all Escrow cancellation charges. b. Taxes and assessments will be apportioned and prorated for the Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer were vested with fee title to the Property during the entire day upon which Close of Escrow occurs. If taxes and assessments for the current year have not been paid before the Close of Escrow, Seller will be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments that relates to the period before the Close of Escrow and Buyer will pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed will be based upon the tax rate and /or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property. C. All prorations will be determined on the basis of a 365 -day year. 11. License to Enter. Seller hereby grants to Buyer and Buyer's authorized agents, contractors, consultants, assigns, attorneys, accountants and other representatives an irrevocable license to enter upon the Property for the purpose of making inspections and other examinations of the Property, including, but not limited to, the right to perform soil and geological tests of the Property and an environmental site assessment thereof. Buyer will give Seller 10 (ten) hours written notice before going on the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs, successors and assigns, and the Property, free and harmless from and against any and all liability, loss, damages, costs, expenses, demands, causes of action, claims or judgments, whether or not arising from or occurring out of any damage to the Property as a result of any accident or other occurrence at the Property that is in any way connected with Buyer's inspections or non - permanent improvements involving entrance onto the Page 7 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's default, this license will terminate upon the termination of Buyer's right to purchase the Property. In such event, Buyer will remove or cause to be removed all Buyer's personal property, facilities, tools and equipment from the Property and restore the Property as close to possible to its original condition after any soil or geological testing. The obligation of the City to indemnify for any such damage under this Section 11 relating to the City's license to enter will survive Close of Escrow or termination of Escrow. 12. Warranties and Representations of Seller. Seller hereby represents and warrants to Buyer the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and will survive the Close of Escrow: a. That to the best of Seller's knowledge (i) on the Close of Escrow the Property will be free and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) all businesses on the Property have disposed of their waste in accordance with all applicable statutes, ordinances, and regulations; and (iii) Seller has no notice of any pending or threatened action or proceeding arising out of the condition of the Property or alleged violation of environmental, health or safety statutes, ordinance or regulations. Seller will indemnify and hold Buyer harmless for a breach of this warranty and representations provided Buyer notifies Seller within three years from the Closing Date or two years from the termination of the Lease referenced in Section 4 above, whichever occurs later. i. The Purchase Price of the Property reflects the fair market value of the Property without the presence of contamination. If the Property is found to be contaminated by the presence of hazardous waste that requires mitigation under federal or state law within three years from the Closing Date or two years from the termination of the Lease referenced in Section 4 above, whichever occurs later, the City may elect to recover its cleanup costs from those who caused or contributed to the contamination. b. That Seller is the sole owner of the Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment. Seller will not further encumber the Property or allow the Property or to be further encumbered prior to the Close of Escrow. C. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Property to Buyer, violates or will violate any contract, agreement or instrument to which Seller is a party, or which affects the Property, and the sale of the Property herein contemplated does not require the consent of any party not a signatory hereto. Page 8 Basics Etc. - PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc d. Except as disclosed in the title commitment referred to in Section 5, there are no mechanics', materialmen's or similar claims or liens presently claimed or which will be claimed against the Property for work performed or commenced prior to the date of this Agreement. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Property and arising from work performed or commenced prior to the Close of Escrow. e. There are no written or oral leases or contractual right or option to lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to the Property or any part thereof, and no persons have any right of possession to the Property or any part thereof. Seller agrees to hold Buyer harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such written or oral leases or contractual rights or options to lease, purchase or otherwise enjoy possession, rights or interest of any nature in and to the Property, or any part thereof. f Except for the proposed Project and the subject acquisition disclosed in the Recitals, Seller has no knowledge of any pending, threatened or potential litigation, action or proceeding against Seller or any other Party before any court or administrative tribunal that involves the Property. 13. Representations and Warranties of Buyer. Buyer hereby represents and warrants to the Seller the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow: a. Buyer has taken all required action to permit it to execute, deliver, and perform its obligations under this Agreement. b. Buyer has the power and authority to execute and deliver this Agreement and carry out its obligations hereunder and consummate the transaction contemplated herein. C. Buyer acknowledges and agrees that it is experienced in acquiring and owning properties similar to the Property, and that Buyer will, during the Escrow Period, thoroughly inspect, test, study, review, and investigate all aspects of the Property to its full satisfaction, and that the Buyer acknowledges and agrees, subject solely to the representations contained in Section 12 hereof, that Buyer is relying solely on its own investigation in making its decision to acquire the Property. Buyer further acknowledges and agrees that except as otherwise specifically agreed in this Agreement, Seller is not making and hereby specifically disclaims making any warranty, guarantee, or representation of any kind or character, whether express, implied, statutory, or arising by operation of law, oral or written, past, present or future, of, as to, or concerning the Property, including without limitation the physical and environmental nature and condition of the Property. Further, Buyer hereby expressly acknowledges and agrees that Page 9 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc except as set forth in Section 12 of this Agreement, Buyer shall assume such risk that adverse matters, including without limitation adverse physical conditions, may exist with respect to the Property. 14. City's Full Payment of Purchase Price. a. It is understood and agreed between Seller and Buyer that, except as set forth in Section 15 below, the City's payment to Seller of the Purchase Price set forth in this Agreement plus the Leaseback Agreement described above in Section 4, is the full and complete consideration and payment of just compensation for the City's acquisition of all real property interests pertaining to the Property, and specifically includes, but is not limited to, just compensation for the land comprising the Property and all improvements on the Property, claims arising in connection with or out of the Buyer's acquisition of the Property or the Project for which the Buyer is acquiring the Property, claims for severance and other damages, inverse condemnation, or any other damages of every kind and nature suffered by the Seller by reason of the City's acquisition of the Property or the Project for which the City is acquiring the Property, and all costs and expenses whatever in connection therewith. b. This Agreement is a voluntary agreement and Seller on the Close of Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its officials, counsel, employees, and agents, from all claims and causes of action by reason of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts to acquire the Property or any preliminary steps thereto. Seller further releases and agrees to hold Buyer harmless from any and all claims and causes of action by reason of any leasehold interest in the Property. C. Seller acknowledges that it may have sustained damage, loss, costs or expenses which are presently unknown and unsuspected, and such damage, loss, costs or expense which may have been sustained, may give rise to additional damages, loss, costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waives any and all rights that Seller may have under California Civil Code Section 1542, or under any statute or common law or equitable principle of similar effect. California Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Seller's Initials: Buyer's Initials: d. This Section will survive the Close of Escrow. 15. Relocation Assistance and Benefits, Fixtures and Equipment and Loss of Goodwill. Page 10 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc a. Information Regarding Relocation Assistance and Benefits. The parties acknowledge that Buyer has provided to Seller information regarding Buyer's rights to relocation assistance and benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.) ( "Uniform Act "), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.) ( "California Relocation Law "). The parties further acknowledge that Seller is a displaced person under the Uniform Act and California Relocation Law because Seller will have to move from the Property as direct result of the City's acquisition of the Property for the proposed Project, which is a public use. Buyer has retained a relocation consultant, Bob Shober of Shober Consulting Inc., to provide Seller with the applicable relocation assistance advisory services and information regarding relocation benefits available to Seller as a displaced business. Seller acknowledges it may be eligible for relocation payments under the applicable relocation laws discussed above, including, but not limited to, moving and related expenses, business reestablishment expenses, and reasonable expenses in searching for a replacement business. Payments for relocation assistance are not included in the Purchase Price. The City will pay any relocation assistance obligations to Seller outside of this Escrow. b. Improvements Pertaining to the Realty. The parties acknowledge that Buyer has provided to Seller a copy of the appraisal titled Valuation of the Selected Assets ofBasics Etc. as ofAugust 14, 2008 prepared by bTi appraisal ( "bTi Me appraisal "), which is incorporated herein by this reference. The parties also acknowledge that the payment by the City to Seller of the Purchase Price does not include compensation for the items set forth in the bTi Me appraisal. The parties also acknowledge that the City's payments to Seller for the improvements pertaining to the realty will be made to Seller outside of this Escrow and in compliance with Article 3 of the Eminent Domain Law (Compensation for Improvements), commencing at Code of Civil Procedure Section 1263.025 et seq. C. Loss ofBusiness Goodwill. The parties acknowledge that Buyer has provided to Seller a Goodwill Information Sheet (Exhibit "D" to City's offer to Seller) and a copy of Code of Civil Procedure Section 1263.510. The parties also acknowledge that the payment by the City to Seller of the Purchase Price does not include compensation for loss of goodwill, if any, under Code of Civil Procedure Section 1263.510. This Agreement will not be construed and is not meant as an agreement that there is any entitlement to loss of business goodwill as a result of the City's acquisition of the Property. The parties acknowledge that in order to obtain compensation for loss of goodwill under Code of Civil Procedure Section 1263.510, the Seller, as the owner of the existing business operating on the Property, has to prove the elements set forth in that Section. Code of Civil Procedure Section 1263.510 provides as follows: "(a) The owner of a business conducted on the property taken, or on the reminder if such property is part of a larger parcel, shall be compensated for loss of goodwill if the owner proves all of the following: Page 11 Basics Etc. - PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot be prevented by a relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and ado [pt in preserving goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, `goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage." 16. Buver's Contingencies. For the benefit of Buyer, the Closing of Escrow and the Buyer's obligation to consummate the purchase of the Property will be contingent upon and subject to the occurrence of all of the following (or Buyer's written waiver thereof, it being agreed that Buyer can waive any or all such contingencies) on or before the Close of Escrow: a. That as of the Close of Escrow the representations and warranties of Seller contained in this Agreement are all true and correct. b. The delivery to Escrow Holder of all documents pursuant to Sections 7 and 16.e. of this Agreement. C. Title Company's commitment to issue in favor of Buyer CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase Price showing Buyer's fee interest in the Property subject only to the Permitted Title Exceptions. d. Buyer's approval prior to the Close of Escrow of any environmental site assessment, soils or geological reports, or other physical inspections of the Property that Buyer might perform prior to the Close of Escrow. e. Seller's obtaining and delivering to Escrow an estoppel certificate from the Association for the North Jefferson Business Park— Freeway certifying that the Property and Seller are not in default under any obligations under any conditions, covenants or restrictions encumbering the Property pursuant to the Declaration of Protective Covenants for the North Jefferson Business Park — Freeway An Industrial/Commercial Business Park recorded on June 21, 1989 as Instrument Number 205472 of Official Records of the County of Riverside, and any and all amendments to said Declaration of Protective Covenants. 17. Certain Definitions. Page 12 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc a. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof. any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos - containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by- product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U. S. C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and ordinances, with implementing regulations and rules in effect on or prior to the date hereof. 18. Evidence in Court Proceeding. The parties agree that the total Purchase Price of $2,335,000.00 (Two Million Three Hundred Thirty -Five Thousand Dollars) or any inference of per square foot value of the Property based on said Purchase Price will not be admissible as evidence of the fair market value of the Property in any eminent domain or other proceeding or litigation concerning the Property. 19. Certification of Non - Foreign Status. Seller agrees to deliver to Escrow Page 13 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc a certification of Non - Foreign Status in accordance with I.R.C. Section 1445, and a similar notice pursuant to California Revenue and Taxation Code Sections 18805 and 26131, prior to the Close of Escrow. 20. Default. In the event of a breach or default under this Agreement by either Buyer or Seller, the non - defaulting party will have, in addition to all rights available at law or equity, the right to terminate this Agreement and the Escrow for the purchase and sale of the Property, by delivering written notice thereof to the defaulting party and to Escrow Holder, and if Buyer is the non - defaulting party, Buyer will thereupon promptly receive a refund of all prior deposits, if any. Such termination of the Escrow by a non - defaulting party will be without prejudice to the non - defaulting party's rights and remedies at law or equity. 21. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will be considered given upon the earlier of (a) personal delivery, (b) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (c) one (1) business day following deposit with an overnight carrier service. A copy of all notices will be sent to Escrow Holder. The parties will address such notices as provided below for the respective party; provided that if any party gives notice in writing of a change of name or address, notices to such party will thereafter be given as demanded in that notice: BUYER: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 -9033 Attention: Shawn Nelson, City Manager COPY TO: Richards, Watson & Gershon Attention: Peter M. Thorson, City Attorney 355 South Grand Avenue 40th Floor Los Angeles, California 90071 -3101 SELLER: Basics Etc. Corporation 41375 McCabe Court Temecula, California 92 590 -5 63 1 Attention: Mike Kupka COPY TO: Jon H. Lieberg, Esq. Jon H. Lieberg A Professional Law Corporation 41911 Fifth Street, Suite 300 Temecula, California 92590 Page 14 Basics Etc. - PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc ESCROW First American Title Insurance HOLDER: 3400 Central Avenue, Suite 100 Riverside, California 92506 Telephone No. (951) 787 -1757 Fax No. (866) 558 -2890 22. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement. 23. Amendments. Any amendments to this Agreement will be effective only when duly executed by both Buyer and Seller and deposited with Escrow Holder. 24. Miscellaneous. a. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California. b. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between Buyer and Seller on the subject matter of this Agreement. No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Seller and Buyer acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no agreement, statement, representation or promise made by any such person which is not contained herein will be valid or binding on Seller or Buyer. C. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. d. Time ofEssence. The parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow company's general Escrow instructions. e. Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. For purposes of this Agreement, Page 15 Basics Etc. - PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc facsimile signatures will be deemed to be original signatures, and will be followed by the delivery of the original signature pages by U.S. Mail. f Remedies Not Exclusive and Waivers. No remedy conferred by any of the specific provisions of this Agreement is intended to be exclusive of any other remedy and each and every remedy will be cumulative and will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. The election of any one or more remedies will not constitute a waiver of the right to pursue other available remedies. g. Interpretation and Construction. The parties agree that each party has reviewed this Agreement and that each have had the opportunity to have their counsel and real estate advisors review and revise this agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. h. Destruction of Property Prior to Close of Escrow. If the Property is materially destroyed by fire, earthquake or other calamity without the fault of either party before the Close of Escrow, the City, in its sole discretion, may rescind this Agreement. In any such event, the City may reappraise the Property and make an offer based on any such appraisal. 25. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to enforce, defend or interpret any of the terms, provisions or conditions of this Agreement or because of a breach of this Agreement by the other party, the prevailing party, whether by suit, negotiation, arbitration or settlement will be entitled to recover reasonable attorneys' fees from the other party. 26. Severability. If any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the parties will be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be invalid. 27. Assignment. Buyer may assign its rights under this Agreement or may designate a nominee to acquire title to the Property, provided, however, that any such assignment or designation will not relieve Buyer of any of its obligations under this Agreement. 28. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be Page 16 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc concerned with Sections 8, 11, 12, 13, 14, and 15 above, and the City and Seller release Escrow Holder from liability or obligation as to these Sections. IN WITNESS WHEREOF, this Agreement is effective as of the day and year first written above. SELLER BASICS, ETC. CORPORATION Dated: Approved as to form: JON H. LIEHERG A Professional Law Corporation Jon H. Lieberg Attorney for Seller C Title: Title: Page 17 Basics Etc. - PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc BUYER CITY OF Temecula, a Municipal Corporation Dated: Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON Peter M. Thorson, City Attorney Page 18 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcel 16, as shown by Parcel Map 23561 -2, on file in Book 168, Pages 71 through 72, of Parcel Maps, records of Riverside County, California, Excepting therefrom all mineral, oil and gas rights below the depth of 500 feet below the surface of said land without the right of surface entry, as reserved in Grant Deed recorded December 27, 1991 as Instrument No. 447369 of Official Records of Riverside County, California. Page 19 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc EXHIBIT `B" [Insert Map Depicting Property] Page 20 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc EXHIBIT "C" FORM OF LEASE Page 21 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc EXHIBIT "D" FORM OF GRANT DEED Page 22 Basics Etc. — PURCHASE AND SALE AGREEMENT 11086- 0103/1168964v5doc "AFT eMe�G� THE CITY OF TEMECULA APN 910- 262 -008 - Basics Etc. ' "''w,,,;9^v�r•, "Old Tra(htiorr,, New Oplx)rtunities" r�n l I 55, �CDr � 44�• � � R -_ II 554. OK 7 -;fx 0 } t , yr L" , r 1 % S � "c, 91026?? 3, 8 _ /f V F. �,� t�) // ��y:'``k• 1'f 1, .. } _ CO i..1 tom- •- �- 'I-i , 7 F' 0 700 1400 2100 ft. I TM This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. zS 0,�, ,A �t R V V 5, `�.;. 'x 5'15 • i -_. ti - •.� � � acs► 0. CO F Map center: 6281159, 2137028 1 Legend City Streets Parcels Aerial 2009 N Scale: 1:7,338 EXHIBIT "C" - FORM OF LEASE LEASE BETWEEN THE CITY OF TEMECULA AND BASICS ETC. CORPORATION IN CONNECTION WITH THE FRENCH VALLEY PARKWAY/ INTERSTATE -15 OVER - CROSSING AND INTERCHANGE IMPROVEMENTS PROJECT — PROJECT NUMBERS PW02 -11 AND PW07 -04 This Lease Between the City of Temecula and Basics Etc. Corporation in connection with the French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04 ( "Lease ") is dated and entered into as of , 2010 ( "effective date ") by and between the CITY OF TEMECULA, a municipal corporation ( "Landlord" or "City") and BASICS ETC. CORPORATION ( "Tenant'). Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Premises described below, subject to and in accordance with the terms and conditions set forth below. A. Basic Lease Information. The Basic Lease Information, which is attached to this Lease as Exhibit "I" is incorporated into this Lease by this reference. B. Premises. Landlord leases to Tenant and Tenant leases from Landlord on the terms and conditions contained in this Lease the Premises, which is the real property commonly known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel Numbers 910 - 262 -008. The Premises are described in the Basic Lease Information, a copy of which is attached as Exhibit "I" to this Lease and incorporated herein by this reference. The Premises include the Building described in the Basic Lease Information, the real property upon which the Building stands, common areas, driveways, walkways and other amenities appurtenant to or servicing the Building. 1. Demise. Landlord hereby leases the Premises to Tenant and Tenant hereby leases the Premises from Landlord, subject in each case to: (a) all covenants, conditions, restrictions, easements and other matters of record and any other matters affecting title thereto (including matters visible upon inspection or that would be revealed by an ALTA survey), and (b) the terms and conditions hereinafter set forth. 2. Condition of Premises. Tenant acknowledges that it has had full opportunity to investigate the Premises and has full knowledge of the condition of the Premises. Tenant accepts the Premises in its current "AS -IS" condition, with all faults, as of the execution of this Lease. Except as expressly provided herein, Tenant acknowledges that neither Landlord nor any agent or employee of Landlord has made any representation, express or implied, as to the condition of the Premises or the suitability of the same for Tenant's intended use. Tenant represents and warrants that Tenant has made its own inspection of and inquiry regarding the condition of the Premises and is not relying on any express or implied representations of Landlord, any agent or 11086- 0103/1223058r2.doe Exhibit "C " -1 employee of Landlord, or any broker with respect thereto. C. Term, Holdover, and Surrender. 1. Term. Landlord will lease to Tenant the Premises on a month -to -month basis commencing on the date of the Close of Escrow ( "Commencement Date ") as defined in the Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Basics Etc. Corporation ( "Purchase and Sale Agreement "), which is incorporated herein by this reference. Pursuant to Section 4 of said Purchase and Sale Agreement, Tenant may continue to occupy the Premises from the date of the Close of Escrow until the City issues a 90 (ninety) day Notice to Vacate or two years from the date of Close of Escrow, whichever occurs earlier. The City will not issue a 90 -day Notice to Vacate until the City requires the Premises for the certification of the proposed French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project— Project Numbers PW02 -11 and PW07 -04 ( "Proposed Project'). The Termination Date is the 90th day after the City's issuance of the 90 (ninety) day Notice to Vacate or two years from the date of Close of Escrow, whichever occurs earlier. a. The Premises will be deemed tendered to Tenant and acceptable for occupancy in the condition in which they exist as of the Commencement Date, and, except as otherwise expressly provided herein, the Landlord will have no obligation to undertake or complete any repair or construction of or modification thereto during the Term. Within ten (10) days after written request from Landlord, Tenant will execute and return to Landlord an acknowledgement of the Commencement Date of the term of this Lease. b. Tenant may terminate this Lease at its option upon thirty (30) days prior written notice to Landlord. C. Landlord may terminate this Lease upon the issuance of a 90 (ninety) day Notice to Vacate pursuant to the terms of the Purchase and Sale Agreement. 2. Holdover. If Tenant holds over, after the expiration or earlier termination of the Lease Term, or otherwise fails to comply with Section C.I. above or Section J. below, without the express written consent of Landlord, Tenant shall become a tenant at sufferance only, and the Base Rent for such holdover period shall be increased to the fair market rental rate set forth below in Section D.3. Acceptance by Landlord of rent or any other payment after such expiration or earlier termination of this Lease shall not constitute Landlord's consent to a holdover hereunder or result in a renewal. The above provisions of this Section C.2. are in addition to and shall not be deemed to limit or constitute a waiver of Landlord's right of re -entry or any rights of Landlord or Tenant under this Lease or otherwise provided by law or equity. 3. Surrender. At the expiration of the Term as discussed above in Section C.I. or earlier termination of this Lease, Tenant shall, at its sole cost and expense, deliver the Premises to Landlord in similar or better condition and repair as Tenant received the Premises, ordinary wear and tear excepted. Tenant shall deliver the Premises broom clean with all of 11086- 0103/1223058r2.doe Exhibit "U-2 Tenant's personal property removed. Accordingly, Tenant agrees to vacate the Premises on the 90th day after the City's issuance of the 90 -day Notice to Vacate or two years from the date of the Close of Escrow without further notice from Landlord, unless Tenant terminates the Lease earlier as provided above. Tenant will vacate and deliver the Premises to the City in good order and condition immediately on the Termination Date and deliver the keys to the City of Temecula. Tenant will pay all closing utility bills up to, and including, the Termination Date. If Tenant fails to surrender the Premises or to otherwise comply with Section J. hereof upon the expiration or earlier termination of this Lease without Landlord's express written consent, Tenant shall indemnify and hold Landlord harmless from all loss, liability, cost, damage and expense, including without limitation, attorneys' fees and costs, arising from or relating to Tenant's failure to surrender or to otherwise comply with Section J. hereof, including, without limitation, any and all costs relating to eviction proceedings, any claim made by any succeeding tenant, founded on or resulting from such failure to surrender. D. Rent. 1. Definition of Rent. Rent includes all monetary obligations of Tenant to Landlord under the terms of this Lease, including but not limited to Base Rent as defined below, late charges, interest, insurance premiums, and real estate taxes (collectively "Rent'). 2. Base Rent Terms for Nine -month Term Commencing on Close of Escrow. Tenant's Base Rent for a term of nine months commencing on the Close of Escrow, as defined in the Purchase and Sale Agreement, will be zero ($0.00) per month. During this nine (9) month period, Tenant is responsible for paying for all other items included in the definition of Rent in Section D.1. above and complying with all of Tenant's other obligations under this Lease, including but not limited to maintenance, repair, utility and operation costs. 3. Base Rent Commencing at End of Nine -Month Term from Close of Escrow. Tenant's Base Rent commencing at the beginning of the tenth month after Close of Escrow is $8,656.00 (Eight Thousand Six Hundred Fifty -six Dollars) per month, without deduction, offset or abatement on the first business day of each calendar month during the term of this Lease, prorated for any partial calendar month at the beginning or end of the Lease Term. a. This monthly rent of $8,656.00 is based on the fair market rent of $0.50 per square foot of improved space. The market data as of May 2010 showed that the asking rent for light industrial buildings in the Temecula and Murrieta areas ranges from $0.35 to $0.68 per square foot per month, with the majority clustered around $0.49 and $0.50 per square foot per month. Accordingly, Tenant and Landlord agree that $0.50 per square foot will be used as the fair market rent for the Premises commencing at the end of the above nine -month term. b. If Tenant, at the time of commencement of its obligation to pay the Base Rent under this Section D.3., determines that the market rent for light industrial buildings in the Temecula and Murrieta areas has decreased by more than ten percent (10 %) of the $8,656.00 agreed to by the parties in this Section D.3., Tenant has the right to submit to Landlord market data to show the decline in the fair market rent. If Tenant decides to exercise this right, Tenant is required to submit to Landlord any such data within two weeks after the expiration of the Nine- 11086- 0103/1223058r2.doe Exhibit "U-3 month term discussed above in Section D.2. Tenant waives the right to amend the market rent if it does not submit the market data within such two -week period. The parties agree that Landlord is not obligated to conduct any market rent studies under this Section, but that the Landlord does have the right to also conduct such market rent study. Landlord and Tenant agree that they will negotiate in good faith to determine a new fair market rent at that time and will amend the monthly rent if both parties agree on the evidence of market data. The parties agree that they would use similar methodology as that used by the parties to determine the $8,656.00 monthly rent discussed in Section D.3.a. above to analyze any new market rent. E. Triple Net Lease. It is the purpose and intent of Landlord and Tenant that all Rent payable to Landlord under this Lease will be absolutely net of all costs and expenses to Landlord that relate in any way to the Premises, including, without limitation, any and all maintenance, repair, utility and operation costs and that Tenant will be solely responsible for such costs and expenses unless otherwise expressly provided in this Lease. Tenant will be solely responsible for arranging for the delivery and payment of all water, gas, heat, light, power, telephone, trash disposal and other utilities and services supplied to the Premises. Landlord, however, is responsible for the fees and/or assessments levied on property owners by the Rancho Silverado Business Park Association pursuant to the Declaration of Protective Covenants, Conditions and Restrictions for Rancho Silverado Business Park recorded on March 12, 1986 as Instrument Number 57354 of Official Records of the County of Riverside ( "Business Association Dues "). F. Use. Tenant will use the Premises only for those purposes for which Tenant used the Premises on the Commencement Date. G. Taxes and Impositions. Tenant will pay and discharge before the day when the same become delinquent, any and all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, including all governmental charges of whatsoever name, nature or kind which may now or hereafter be levied, assessed, charged or imposed against or which may become a lien or charge upon the Premises or any part thereof, or upon Tenant's estate hereby created or upon Landlord by reason of its ownership of the fee underlying this Lease (collectively, "Impositions "). Landlord will have no obligation to pay or discharge any Imposition or any penalties or interest resulting from late payment, except to the extent that Landlord did not provide Tenant sufficient information for the timely payment of any Imposition, penalty or interest not less than thirty (30) days prior to the date that such payment would become delinquent. 1. Proration of Tees. All of the taxes, assessments, charges, imposts and levies of any nature whatsoever that will relate to a fiscal year during which the Lease Term (and Extension term, if applicable) will commence or terminate, will be prorated between Landlord and Tenant as of the commencement or termination date, as applicable. 2. Evidence of Payment. Within fifteen (15) days after written request of Landlord, Tenant will obtain and deliver to Landlord evidence of payment of all Impositions, including, without limitation, receipts or duplicate receipts. 11086- 0103/1223058r2.doe Exhibit "U-4 3. Duty to File Declarations. Tenant alone will make or file any declaration, statement or report which may be provided or required by law as the basis of or in connection with the determination, equalization, reduction or payment of any and every Imposition which is to be borne or paid or which may become payable by Tenant under the provisions of this Section G, and Tenant will promptly give Landlord copies thereof. Landlord will not be or become responsible to Tenant therefor, nor for the contents of any such declaration, statement or report. 4. Payment Through Landlord. In case any person or entity to whom any sum is directly payable by Tenant under this Section G will refuse to accept payment of such sum from Tenant, and Tenant knows or has reason to believe that its payment will be refused, Tenant will pay such sum directly to Landlord not less than fifteen (15) days prior to its being due, and Landlord will thereupon pay such sum to such person or entity. Landlord will not be responsible for any late charge or penalty that may be assessed in connection therewith. 5. Personal Property. Throughout the Lease Term, Tenant will pay and discharge, when and as the same become due, directly to the taxing authority, all taxes, assessments and other charges imposed or levied upon any personal property situated in, on or about the Premises. Tenant will use commercially reasonable efforts to cause such personal property taxes to be levied or assessed separately from the Premises. H. No Nuisance. Tenant will not allow, suffer or permit the Premises or any use thereof to constitute a nuisance. L Compliance with Laws. During the term of this Lease, Tenant, at Tenant's sole expense, will comply with and cause all of Tenant's agents to comply with all applicable laws, ordinances, rules and regulations of governmental authorities applicable to the Premises and the Tenant's use or occupancy thereof, including, without limitation, all laws pertaining to employees of the Tenant and the law commonly known as the Americans With Disabilities Act. J. Hazardous Materials. During the term, Tenant will not cause or suffer or permit any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged, deposited or leaked in or about the Premises by Tenant or any of Tenant's agents. If Tenant breaches the obligations stated in this Section J., or if the presence of any Hazardous Material on the Premises caused or suffered or permitted by Tenant or any of Tenant's agents results in contamination of the Premises during the Term, or if contamination of the Premises by any Hazardous Material otherwise occurs during the Term, then Tenant will indemnify, defend and hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses (including, without limitation, diminution in value or use of the Premises, reasonable attorneys' fees, consultant fees and expert fees) which arise during or after the Term as a result of such contamination. This indemnification will include, without limitation, costs incurred in connection with any investigation of site conditions or any clean -up, remedial, removal or restoration work on or under the Premises required by governmental authorities having jurisdiction with respect to such contamination. "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local, state or federal governmental authority or by common law decisions, including without limitation (i) all chlorinated solvents, (ii) petroleum products or by- products, (iii) asbestos and (iv) 11086- 0103/1223058r2.doe Exhibit "U-5 polychlorinated biphenyls. K. Alterations and Tenant Owned Property. 1. Alterations. Tenant will not during the Term make or suffer to be made any material alterations, additions or improvements in or to the Premises (herein collectively called "Alterations ") without first obtaining Landlord's written consent thereto. Landlord's consent may be withheld in Landlord's sole discretion if Alterations will affect the structure of the Building or its electrical, mechanical, heating, ventilating, air conditioning, life safety or plumbing systems (the "Building Systems "); otherwise Landlord's consent will not be unreasonably withheld. Notwithstanding the foregoing, the Landlord's consent to Alterations of the Building Systems will not be unreasonably withheld if such Alterations are for the purpose of maintaining or reasonably increasing Tenant's existing business capabilities. 2. Removal of Property. All Alterations to the Premises will become the property of Landlord, and will be surrendered to Landlord, upon the expiration or earlier termination of this Lease; provided, however, that this provision will not apply to movable equipment, trade fixtures, personal property or furniture which are owned by Tenant ( "Tenant Owned Property"). Tenant will remove all Tenant Owned Property that is not considered Improvements Pertaining to the Realty pursuant to Code of Civil Procedure Section 1263.205 et seq. at the expiration or sooner termination of this Lease. This Lease does not impact in any way any relocation assistance benefits to which Tenant may be entitled under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.) ( "Uniform Act'), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.) ( "California Relocation Law ") as discussed in Section 15.a. of the Purchase and Sale Agreement. Tenant waives and releases its rights under Section 1019 of the California Civil Code, or any similar law, statute or ordinance now or hereafter in effect, to the extent inconsistent with the provisions of this Lease. Tenant's obligations under this Section will survive any termination of this Lease. L. Repairs and Other Work. 1. Tenant's Obligations. Tenant will at all times during the Term of this Lease maintain the Premises in the same condition in which they exist as of the Commencement Date, ordinary wear and tear and casualty excepted. Except as otherwise specifically set forth herein, Landlord will not be liable for, and there will be no abatement of rent, with respect to, any injury to or interference with Tenant's business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises, or in or to the fixtures, appurtenances and equipment therein. 2. Conditions Applicable to Repairs and Other Work. All repairs, replacements, and reconstruction (including, without limitation, all Alterations) made by or on behalf of Tenant or any of Tenant's agents during the Term will be made and performed (a) at Tenant's cost and expense, (b) by reputable contractors or mechanics reasonably approved by Landlord, (c) in such manner as to be at least equal in quality of materials and workmanship to the original work or 11086- 0103/1223058r2.doe Exhibit "C " -6 installation, (d) in accordance with such reasonable requirements as Landlord may impose with respect to insurance and bonds to be obtained by Tenant in connection with the proposed work, and (e) in compliance with such other requirements as Landlord may reasonably impose (including without limitation a requirement that Tenant furnish Landlord with as -built drawings upon completion of the work). M. Liens. Tenant will keep the Premises free from any liens during the term of the Lease, except to the extent caused by Landlord. In the event that Tenant will not, within fifteen (15) days following notice of the imposition of any such lien, cause same to be released of record by payment or posting of a bond fully satisfactory to Landlord in form and substance, Landlord will have, in addition to all other remedies provided herein and by law, the right (but not the obligation) to cause the lien to be released by such means as Landlord will deem proper, including, without limitation, payment of the claim giving rise to such lien. All such sums paid by Landlord and all expenses incurred by it in connection therewith will be considered rent and will be payable by Tenant within thirty (30) days after demand. Landlord will have the right at all times to post and keep posted on the Premises any notices permitted or required by law, or that Landlord will deem proper for the protection of Landlord, the Premises and any other parry having an interest therein, from mechanics', materialmen's and other liens. In addition to all other requirements contained in this Lease, Tenant will give to Landlord at least five (5) business days' prior written notice of commencement of any construction on the Premises. N. Inability to Perform. Except to the extent expressly provided herein, if, by reason of acts of God, governmental restrictions, strikes, labor disturbances, shortages of materials or supplies or any other cause or event beyond Landlord's reasonable control, Landlord is unable to fulfill or is delayed in fulfilling any of Landlord's obligations under this Lease or any collateral instrument, no such inability or delay will (1) constitute an actual or constructive eviction, in whole or in part, (2) entitle Tenant to any abatement or diminution of rent, (3) relieve Tenant from any of its obligations under this Lease, or (4) impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant or by reason of injury to or interruption of Tenant's business, or otherwise. O. Damage and Destruction. 1. Rights and Obligations. If the improvements now located on the Premises or any part of the Premises are damaged by fire or other casualty, Tenant will diligently restore said improvements to their condition prior to the damage, at Tenant's sole cost and expense. 2. Non - Application of Certain Statutes. The provisions of this Lease constitute an express agreement between Landlord and Tenant with respect to any and all damage to, or destruction of, all or any part of the Premises, or any other portion of the Premises. Any statute or regulation of the State of California or any other governmental authority or body, including, without limitation, Sections 1932(2), 1933(4), 1941 and 1942 of the California Civil Code, with respect to any rights or obligations concerning any such damage or destruction, will have no application to this Lease or any damage or destruction to all or any part of the Premises or any other portion of the Building. 11086- 0103/1223058r2.doe Exhibit "U-7 P. Insurance. 1. Insurance on Tenant's Property. Tenant will during the Term provide insurance coverage for all risks of physical loss or damage insuring the full replacement value of Tenant's trade fixtures, furnishings, equipment, inventory and all other items of personal property of Tenant. 2. Tenant's Responsibility to Maintain Insurance on Premises. Tenant will maintain or cause to be maintained, at its sole cost and expense, the following insurance with respect to the Premises: a. Liability Insurance. Comprehensive general liability insurance against any and all liability of the insured for personal injury, death, or property damage with respect to or arising out of the ownership, maintenance, use or occupancy of the Premises, and all operations incidental thereto including, but not limited to, structural alterations, new construction and demolition, including a broad form commercial general liability endorsement covering the insuring provisions of this Lease and the performance by Tenant of the indemnity agreements set forth in this Lease, the insurance to have limits of not less than Five Million Dollars ($5,000,000.00) for bodily injury, personal injury and property damage liability. b. Worker's Compensation Insurance. Worker's Compensation insurance covering all persons employed by Tenant in the conduct of its business on the Premises, or as required by law from time to time. C. Special Cause of Loss. "Special Cause of Loss" property insurance on the improvements in an amount not less than the full insurable value on a replacement cost basis of the improvements on the Land and Tenant's trade fixtures. During all construction periods, such policy will be written in the so- called "Builder's Risk Completed Value Non - Reporting Form" with no coinsurance requirement and will contain a provision granting the insured permission to complete. 3. Policy Requirements. All insurance required under this Lease will: (a) have Landlord named as additional insured; (b) state that the insurance afforded to each of the above - named insureds will be primary insurance and any other valid and collectible insurance available to either of the insureds will be excess insurance and under no circumstances will be considered contributory; (c) provide that coverage will not be revised, canceled or reduced until at least thirty (30) days written notice of such revision, cancellation or reduction has been given to Landlord (except in the event of cancellation for nonpayment of premium, which notice will be provided at least ten (10) days prior to cancellation); and (d) be issued by insurance companies which are qualified to do business in the State of California and having a rating of not less than A -VIII in Best's Insurance Guide. 4. Blanket Policy. Any or all insurance required under this Lease maybe part of a blanket policy or policies of insurance maintained by Tenant covering the risks to be insured 11086- 0103/1223058r2.doe Exhibit "U-8 against under this Lease so long as the coverage required under this Lease is not diminished 5. Right of Landlord to Obtain Insurance. Prior to the Commencement Date, and thereafter not less than thirty (30) days prior to the expiration date of each policy theretofore furnished pursuant to this Section P, Tenant will deliver to Landlord, in the manner required for notices, copies or certificates of all insurance policies required by this Lease or, alternatively, proof acceptable to Landlord that such insurance has been or will be obtained prior to the Commencement Date or the expiration date of such policies, as applicable. If Tenant fails or refuses to procure or to maintain insurance as required by this Lease, or fails or refuses to furnish Landlord with proof acceptable to Landlord that the insurance has been or will be procured within five (5) business days following Landlord's demand for such proof, Landlord will have the right, at Landlord's election, to procure and maintain such insurance, in addition to all other rights and remedies Landlord may possess on account of such default. The premiums paid by Landlord in such event will be treated as rent due from Tenant to be paid on the first day of the next month following the date on which the premiums were paid, with interest at a rate equal to the Interest Rate from the time of payment until repayment. Landlord will give prompt notice of the payment of such premiums, stating the amounts paid and the names of the insurer or insurers to whom such premiums were paid. 6. Waiver of Subrogation. Landlord and Tenant each agree to have their respective insurance companies issuing insurance with respect to the Premises waive any rights of subrogation that such companies may have against Landlord or Tenant, as the case may be. Landlord and Tenant hereby waive any and all rights of recovery against the other, or against the officers, employees, agents and representatives of such other parry, for loss of or damage to such waiving parry or its property or the property of others under its control, arising from any cause insured against under any insurance policies required to be carried by this Section P or under any other policy of insurance carried by such waiving party, to the full extent permitted by such policies. 7. Compliance with Insurance Requirements. Tenant will not do anything, or suffer or permit anything to be done, in or about the Premises that will invalidate or be in conflict with the provisions of any fire or other insurance policies covering the Building or any property located therein. Tenant, at Tenant's expense, will comply with, and will cause all occupants of the Premises to comply with, all applicable customary rules, orders, regulations or requirements of any board of fire underwriters or other similar body. 8. Building Services. The Landlord will have no liability for, or responsibility to provide or maintain, any safety or security devices or services in the Premises or the Building. The risk that any safety or security device, service or program may not be effective, or may malfunction or be circumvented, is assumed solely by Tenant with respect to Tenant's property and interests, and Tenant will obtain insurance coverage to the extent Tenant desires protection against criminal acts and other losses. Q. Possessory Interest Tax and Other Taxes. Landlord hereby gives Tenant notice, and Tenant acknowledges receipt of such notice, as required pursuant to California Revenue and Taxation Code Section 107.6, that the leasehold interest created by this Lease may 11086- 0103/1223058r2.doe Exhibit "U-9 result in a possessory interest tax being levied against the Premises, and that in such event Tenant will be obligated to pay such tax. In addition, Tenant will be solely responsible for the payment of all other taxes attributable to the Tenant's occupancy and use of the Premises. R. No Assignment. Tenant agrees not to sublet or assign, directly or indirectly, voluntarily or by operation of law, sell, assign, encumber, pledge or otherwise transfer or hypothecate all or any part of the Premises or Tenant's leasehold interest hereunder (each such act is herein referred to as an "Assignment'), or sublet the Premises or any portion thereof or permit the Premises to be occupied by anyone other than Tenant. Default. 1. Events of Default. The occurrence of any one or more of the following events will constitute a default or breach of this Lease by Tenant: a. Failure of Tenant to pay any rent when due, where such failure has not been cured within three (3) days of written notice of such failure. b. Failure of Tenant to perform any of the provisions of this Lease to be performed by Tenant, where such failure will continue for thirty (30) days after notice of such failure by Landlord to Tenant; provided however, that if the nature of Tenant's default is such that more than thirty (30) days are reasonably required for its cure, then Tenant will not be deemed to be in default if Tenant commences such cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. C. The filing by or against Tenant of any action or proceeding under any federal or state insolvency, reorganization, bankruptcy or other debtor relief statute now or hereafter existing, (unless in the case of such action taken against Tenant, the same is dismissed within sixty (60) days); or the appointment of a trustee or receiver over or the attachment of Tenant's leasehold estate in the Premises or Tenant's assets at the Premises that is not dismissed within thirty (30) days after the filing thereof. T. Remedies. Upon the occurrence of a default by Tenant under this Lease that is not cured by Tenant within the grace periods specified in Section T, Landlord will have the following rights and remedies, in addition to all other rights and remedies available to Landlord at law or in equity: Rights and Remedies. a. The rights and remedies provided by California Civil Code Section 1951.2, including, but not limited to, the right to terminate Tenant's right to possession of the Premises and to recover the amounts specified in California Civil Code Subsections 1951.2(a)(1) -(4); b. The rights and remedies provided by California Civil Code Section 1951.4, including, without limitation, the right to continue the Lease in effect after Tenant's breach and abandonment and recover rent as it becomes due. Acts of maintenance or 11086- 0103/1223058r2.doe Exhibit "C " -10 preservation, efforts to re -let the Premises or the appointment of a receiver upon Landlord's initiative to protect its interest under this Lease will not of themselves constitute a termination of Tenant's right to possession; C. The right and power to enter the Premises and remove therefrom all persons and property, to store such property in a public warehouse or elsewhere at the cost of and for the account of Tenant, and to sell such property and apply the proceeds therefrom pursuant to applicable California law; d. The right to have a receiver appointed for Tenant, upon application by Landlord, to take possession of the Premises, and to apply any monies collected from the Premises; and e. The right to specific performance of any or all of Tenant's obligations hereunder, and to damages for delay in or failure of such performance. 2. Remedies Cumulative. The exercise of any remedy provided by law or the provisions of this Lease will not exclude any other remedies unless this Lease expressly excludes such remedies. Tenant hereby waives any right of redemption or relief from forfeiture following termination of, or exercise of any remedy by Landlord with respect to, this Lease. U. Fees and Expenses; Indemnity; Payment. 1. Landlord's Right to Remedy Defaults. If Tenant will default in the performance of any of its obligations under this Lease after notice and expiration of the applicable cure period, Landlord may remedy such default at Tenant's expense, without thereby waiving any other rights or remedies of Landlord with respect to such default. Notwithstanding the foregoing, Landlord will have the right to cure any failure by Tenant to perform any of its obligations under this Lease without notice to Tenant if such failure results in an immediate threat to life or safety of any person, or impairs the Building or its efficient operation. 2. Indemnity. Except to the extent caused by the negligence or willful misconduct of Landlord, Tenant will indemnify Landlord, against and save Landlord harmless from and defend Landlord through attorneys reasonably satisfactory to Landlord from and against any and all claims, losses, costs, liabilities, damages and expenses including, without limitation, reasonable attorneys' fees, to the extent incurred in connection with or arising from (a) any default by Tenant in the observance or performance of any of the terms, covenants, conditions or other obligations of this Lease, or the failure of any representation made by Tenant in this Lease, (b) the use or occupancy or manner of use or occupancy of the Premises during the Term by Tenant or any person occupying the Premises, (c) the condition of the Premises during the Term or any occurrence or happening on the Premises between the Commencement Date and the time Landlord has accepted the surrender of the Premises after the expiration or termination of the Term, (d) any act of Tenant or any subtenant of the Premises or any of their respective employees or invitees while on the Premises, or (e) Landlord's inability to obtain access to any portion of the Premises with respect to which Landlord has not been furnished a key (if locked) or access has been otherwise restricted. 11086- 0103/1223058r2.doe Exhibit "C " -11 3. Interest on Past Due Obligations. Unless otherwise specifically provided herein, any amount due from Tenant to Landlord under this Lease which is not paid within five (5) days from the date when due will bear interest from the due date until paid at the lesser of the highest rate then permitted by law or a rate per annum which is equal to four percent (4 %) plus the highest rate identified by Bank of America NT &SA as its "reference rate" between the date such amount was due and the date such payment was received. The payment of such interest will not alone excuse or cure any default under this Lease. V. Access to Premises. Landlord reserves for itself and its agents, employees and independent contractors the right to enter the Premises, subject to Tenant's reasonable requirements for maintaining secure areas, at all reasonable times (upon reasonable telephonic notice) to inspect the Premises, to supply any service to be provided by Landlord to Tenant hereunder, to show the Premises to prospective purchasers, mortgagees, beneficiaries or (during the last twelve (12) months of the Term only) tenants, to post notices of non - responsibility, to determine whether Tenant is complying with its obligations under this Lease, and to alter, improve or repair the Premises or any other portion of the Building. In the event of an emergency, Landlord will have the right to enter the Premises at any time without notice. Landlord will have the right to use any and all means that Landlord may deem necessary or proper to open doors in an emergency, in order to obtain entry to any portion of the Premises. Tenant hereby waives any claim for damages for any injury or inconvenience to or interference with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, any right to abatement of rent, or any other loss occasioned by Landlord's exercise of any of its rights under this Section V. Tenant waives all rights to consequential damages (including, without limitation, damages for lost profits and lost opportunities) arising in connection with Landlord's exercise of its right under this Section V. W. Notices. Except as otherwise expressly provided in this Lease, any payment required to be made and any bills, statements, notices, demands, requests or other communications given or required to be given under this Lease will be effective only if rendered or given in writing, sent by personal delivery or registered or certified mail, return receipt requested, or by overnight courier service or by facsimile transmission with a following copy by first class mail, addressed (a) to Tenant at the Premises, (b) to Landlord at the address set forth in the Basic Lease Information or (c) to such other address as either Landlord or Tenant may designate as its new address in California for such purpose by notice given to the other in accordance with the provisions of this Section W. Any such bill, statement, notice, demand, request or other communication will be deemed to have been rendered or given on the date of receipt or refusal to accept delivery. X. No Waiver. No provision of this Lease may be waived, and no breach thereof will be waived, except by a written instrument signed by the party against which the enforcement of the waiver is sought. No failure by Landlord to insist upon the strict performance of any obligation of Tenant under this Lease, no course of conduct between Landlord and Tenant, and no acceptance of the keys or to possession of the Premises before the termination of the Term by Landlord or any employee or representative of Landlord will constitute a waiver of any breach or a waiver or modification of any term, covenant or condition of this Lease. No payment by Tenant of a lesser amount than the aggregate of all rent then due under this Lease will be deemed 11086- 0103/1223058r2.doe Exhibit "C " -12 to be other than on account of the first items of such rent then accruing or becoming due, unless Landlord elects otherwise. Y. Tenant's Certificates. Tenant, at any time and from time to time, within ten (10) days after written request, will execute, acknowledge and deliver to Landlord, addressed (at Landlord's request) to any prospective purchaser, ground or underlying lessor or mortgagee or beneficiary of any part of the Premises, an estoppel certificate in form and substance reasonably designated by Landlord. Tenant's failure to do so within such ten (10) day period will be conclusive upon Tenant that all facts set forth in Landlord's proposed certificate are true and correct. Z. Miscellaneous. 1. Successors and Assigns. The terms, covenants and conditions contained in this Lease will bind and inure to the benefit of Landlord and Tenant and, except as otherwise provided herein, their respective personal representatives and successors and assigns. 2. Severability. If any provision of this Lease or the application thereof to any person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each provision of this Lease will remain in effect and will be enforceable to the full extent permitted by law. 3. Applicable Law. This Lease will be governed by and construed in accordance with the laws of the State of California. 4. Integration. The terms of this Lease (including, without limitation, the Exhibits hereto) are intended by the parties as a final expression of their agreement with respect to such terms as are included in this Lease and may not be contradicted by evidence of any prior or contemporaneous agreement, arrangement, understanding or negotiation (whether oral or written). 5. Quiet Enjoyment. Upon Tenant paying the rent and performing all of Tenant's obligations under this Lease, Tenant may peacefully and quietly enjoy the Premises during the Term as against all persons or entities claiming by or through Landlord. 6. Time of Essence. Time is of the essence of each and every provision of this Lease. 7. Broker's Commissions. Each parry represents and warrants to the other that it has not entered into any agreement or incurred or created any obligation which might require the other parry to pay any broker's commission, finder's fee or other commission or fee relating to the leasing of the Premises, except for the brokers specified in the Basic Lease Information. Each parry will indemnify, defend and hold harmless the other and the other's constituent partners and their respective officers, directors, agents and employees from and against all claims for any such commissions or fees made by anyone claiming by or through the indemnifying 11086- 0103/1223058r2.doe Exhibit "C " -13 parry, except for the brokers named in the Basic Lease Information. 8. Recovery Against Landlord. Tenant will look solely to Landlord's interest in the Premises for the recovery as provided under applicable law of any judgment against Landlord. Landlord, or if Landlord is a partnership, its partners whether general or limited, or if Landlord or any constituent partner of Landlord is a corporation, its directors, officers and shareholders, will never be personally liable for any such judgment. In the event that any Landlord hereunder sells or conveys its interest in the Building, all liabilities and obligations on the part of such Landlord under this Lease accruing thereafter will terminate and all such liabilities and obligations will be binding upon the new owner. 9. Counterparts. This Lease may be executed in several counterparts, each of which will be deemed an original, and all of such counterparts together will constitute one and the same instrument. 10. Amendments. No amendments or modifications of this Lease or any agreements in connection therewith will be valid unless in writing duly executed by both Landlord and Tenant. No amendment to this Lease will be binding on any mortgagee or beneficiary of Landlord (or purchaser at any foreclosure sale) unless such mortgagee or beneficiary will have consented thereto in writing. 11. Attorneys' Fees. If Landlord becomes a parry to any litigation not initiated by Tenant concerning this Lease or the Premises by reason of any act or omission of Tenant or its authorized representatives, and not by reason of its own act or omission or any act or omission of its authorized representatives, Tenant will be liable to Landlord for reasonable attorneys' fees and court costs incurred by Landlord in the litigation. If either parry commences an action against the other parry arising out of or in connection with this Lease, or institutes any proceeding in a bankruptcy or similar court which has jurisdiction over the other parry or any or all of its property or assets, the prevailing parry will be entitled to have and recover from the losing parry reasonable attorneys' fees and court costs. The fees recoverable, as provided above, will include fees incurred on appeal and any other post - judgment proceeding. IN WITNESS WHEREOF, Landlord and Tenant have each caused their duly authorized representatives to execute this Lease on their behalf as of the date first above written. TENANT BASICS, ETC. CORPORATION RIM Title: 11086- 0103/1223058r2.doe Exhibit "C " -14 IM Title: Approved as to form: JON H. LIEBERG A Professional Law Corporation Jon H. Lieberg Attorney for Seller LANDLORD CITY OF Temecula, a Municipal Corporation I� ATTEST: Susan W. Jones, MMC, City Clerk Approved as to form: RICHARDS, WATSON & GERSHON PETER M. THORSON, CITY ATTORNEY Shawn Nelson, City Manager 11086- 0103/1223058r2.doe Exhibit "C -15 Exhibit "I" to Lease BASIC LEASE INFORMATION Premises: The real property that is an approximate 43,996 square foot parcel commonly known as 41375 McCabe Court, Temecula, California 92590 Legal Description of Premises: Parcel 16, as shown by Parcel Map 23561 -2, on file in Book 168, Pages 71 through 72, of Parcel Maps, records of Riverside County, California; Excepting therefrom all mineral, oil and gas rights below the depth of 500 feet below the surface of said land without the right of surface entry, as reserved in Grant Deed recorded December 27, 1991 as Instrument No. 447369 of Official Records of Riverside County, California. Building: An approximate 17,312 square foot (gross) industrial building located on the Premises Landlord's Address: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 -9033 Tenant's Address: Basics Etc. Corporation 41375 McCabe Court Temecula, California 92590 -5631 Commencement Date: Date of Close of Escrow pursuant to Purchase and Sale Agreement Between the City of Temecula and Basics Etc. Corporation and Joint Escrow Instructions (I- 15/French Valley Improvements Project — Project PW02 -11) Termination Date: Upon City's Issuance of 90 -Day Notice to Vacate pursuant to Section 4 of Purchase and Sale Agreement Between the City of Temecula and Basics Etc. Corporation and Joint Escrow Instructions in connection with the French 11086- 0103/1223058v1.doe Exhibit "I" to Lease (Exhibit "C " -16) 11086- 0103/1223058v1.doe Exhibit "I" to Lease (Exhibit "C " -17) Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04 or two years from Close of Escrow as defined in the Purchase and Sale Agreement, whichever is sooner. Diagram of Premises: See Exhibit "A" to Basic Lease Information Tenant's Tax Share: 100% Tenant's Expense Share: 100% Use: See Section F. of Lease 11086- 0103/1223058v1.doe Exhibit "I" to Lease (Exhibit "C " -17) Exhibit "A" to Basic Lease Information Diagram of Premises Exhibit "A" to Exhibit "I" to Lease EXHIBIT "D" — FORM OF GRANT DEED RECORDING REQUESTED BY: City of Temecula, a municipal corporation AND WHEN RECORDED RETURN TO: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, California 92589 -9033 Recording Fee: Exempt pursuant to Government Code §§ 6103 and 27383 [ X] All of APN 910 - 262 -008 No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103 GRANT DEED THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BASICS ETC. CORPORATION ( "GRANTOR ") hereby grants to the CITY OF TEMECULA, a municipal corporation ( "GRANTEE ") in fee the real property located in the City of Temecula, County of Riverside, California commonly known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel Number 910 - 262 -008 ( "Property"). The Property is described more particularly in Exhibit "A" and depicted on Exhibit `B" to this Grant Deed. Exhibits "A" and `B" are incorporated in this Grant Deed by this reference. In WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the date set forth below: GRANTOR BASICS ETC. CORPORATION Dated: 11086.0638 \1189310v2.doc Lo Title: Exhibit "D " -1 EXHIBIT "D" — FORM OF GRANT DEED Dated: STATE OF CALIFORNIA COUNTY OF Title: Iss. I before a notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/ her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Ibis area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 11086.0638 \1189310vldoe Exhibit "D " -2 EXHIBIT "D" — FORM OF GRANT DEED STATE OF CALIFORNIA COUNTY OF Iss. I before a notary public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/ her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Ibis area for official notarial seal) Title of Document Date of Document Other signatures not acknowledged 11086.0638 \1189310vldoe Exhibit "D " -3 No. of Pages EXHIBIT "D" — FORM OF GRANT DEED CITY OF TEMECULA Office of the City Clerk 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92590 CERTIFICATE OF ACCEPTANCE OF GRANT DEED (Govt. Code § 27281) (APN 910 - 262 -008) This is to certify that the above- attached GRANT DEED granted to the City of Temecula, a municipal corporation, by Basics Etc. Corporation is hereby accepted under the authority of the City Council of the City of Temecula and the Grantee consents to the recordation thereof by its duly authorized officer. Dated: ATTEST: Lo Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: ME Peter M. Thorson, City Attorney : City of Temecula Shawn Nelson, City Manager 11086.0638 \1189310vldoe Exhibit "D " -4 EXHIBIT "D" — FORM OF GRANT DEED EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Parcel 16, as shown by Parcel Map 23561 -2, on file in Book 168, Pages 71 through 72, of Parcel Maps, records of Riverside County, California; Excepting therefrom all mineral, oil and gas rights below the depth of 500 feet below the surface of said land without the right of surface entry, as reserved in Grant Deed recorded December 27, 1991 as Instrument No. 447369 of Official Records of Riverside County, California. 11086.0638 \1189310vldoe Exhibit "D " -5 EXHIBIT "D" - FORM OF GRANT DEED EXHIBIT "B" [INSERT MAP DEPICTING PROPERTY] 11086.0638 \1189310v2.doc Exhibit "D " -6 PROJECT LOCATION ProjectTitle FRENCH VALLEY PARKWAY /I NTERSTATE -150VER -CROSSI NG AND INTERCHANGE IMPROVEMENTS y9 \ his ~ O W ti 9L GO �a 1- '� Q O��R pP P a EQUITyQR ti9 O CQ F 1 OR K N Q y Sys L R t G�2 OPT O O Qg� 5 ✓��T F� iPO 2 pJ AR 9L GIR NO Q�`SE OVERLAND R X42 42 PROJECT DESCRIPTION Project Title: FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER - CROSSING AND INTERCHANGE PRIORITY: IMPROVEMENTS Project Type: Circulation Description: Study, process, design, and construct a bridge over - crossing over Interstate -15 from Jefferson Avenue to Ynez Road and construct a new freeway interchange. Project will consist of designing a new interchange to address traffic circulation in the City's northern areas. Department: Public Works — Account No. 210.165.726 Scope of Project: Project will consist of designing and constructing a freeway over - crossing over Interstate -15 and construct a new freeway interchange. Project would also include curb and gutters, pavement, sidewalks, and new traffic signals. Benefit: Project will improve traffic circulation. Project Cost: Actuals $ 322,730 $ 325,000 $ 200,000 $ 125,000 $ 972,730 TUMF(WRCOG)* to Date $ 2009 -10 $ 2010 -11 $ 2011 -12 $ 2012 -13 2013 -14 Total Project Cost Administration $ 761,038 $ 320,610 $ 325,000 $ 200,000 $ 125,000 $ 1,731,648 Acquisition $ 8,936,172 $ 3,896,234 $ 15,872,147 3,990,750 $ 28,704,553 Caltrans Oversight Measure A -Local Street and Road $ 975,000 $ $ 7,000,000 $ 7,000,000 $ 6,000,000 $ 20,000,000 Construction Measure A-Highway Program $ 20,302,260 $ 19,697,740 $ 18,000,000 $ 58,000,000 Design $ 2,154,305 $ 3,133,603 $ 5,000,000 $ 10,287,908 Totals $ 11,851,515 $ 7,350,447 $ 48,499,407 $ 26,897,740 $ 24,125,000 $ - $ 118,724,109 Source of Funds: Capital Project Reserves $ 322,730 $ 325,000 $ 200,000 $ 125,000 $ 972,730 TUMF(WRCOG)* $ 2,144,242 $ 32,583,657 $ 6,152,740 $ 3,000,000 $ 43,880,639 DIF (Public Facilities) $ 75,360 $ 75,360 TUMF(RCTC) ** $ 3,787,315 $ 3,514,599 $ 3,990,750 $ 11,292,664 Measure A -Local Street and Road $ 975,000 $ 1,368,876 $ 2,343,876 Measure A-Highway Program $ 10,000,000 $ 10,000,000 $ 20,000,000 CFD (Harveston) $ 1,005,840 $ 1,005,840 Federal Highway Administration $ 8,000 $ 8,000 SAFETEA -LU $ 1,600,000 $ 1,600,000 Reimbursements /Other(Land Donation) $ 6,000,000 $ 6,000,000 STEP Augmentation * ** $ 10,545,000 $ 21,000,000 $ 31,545,000 Total Funding: 7 11,851,515 $ 7,350,447 $ 48,499,407 $ 26,897,740 $ 24,125,000 $ - $ 118,724,109 Future O & M Cost: $ 8,000 Annually *TUMF Zone funding pursu u to WRCOG Agreement 05- SW -TEM -1064 for a total of $4,078,000 ($1,165,000- PA &ED, $2,913,000 -PS &E) also see Phase I. **TUMF Regional funding pmsumtto RCTC Agreement 06 -72- 048 -00 for a total of $7,517,000($5,715,000 -ROW; $2,000,000 -PS &E) also see Phase I. * * *STIP Augmentation is dependent upon State's ability to bond for transportation funds. 43 PROJECT LOCATION ProjectTitle FRENCH VALLEY PARKWAY /INTERSTATE- 15OVER -CROSSING AND INTERCHANGE IMPROVE MENTS- PHASEI y9 \ i AFT O,y �P ti ti� O w O �k 5 2 �G � Al ♦3y G� FS Q. RE \ � RE n fQUIrYOR � F � r S�p,N OR N o O ,y 6� G PJ POD �G JOB GO OPT O O F,P SO N Oi ARO 9c. �\SE GIR NO OVERLAND R 44 PROJECT DESCRIPTION Project Title: FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER - CROSSING AND INTERCHANGE PRIORITY: IMPROVEMENTS - PHASE I Project Type: Circulation Description: Project will construct portions of the French Valley Parkway/ Interstate -15 over - crossing and interchange improvements (Project No. PW02 -11) which include adding a new southbound off -ramp from Interstate -15 to French Valley Parkway, constructing the northern half of French Valley Parkway from the off -ramp to Jefferson Avenue, widening of the existing southbound off -ramp from Interstate -15 to Winchester, and constructing a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. This project is included in the RTIP as "French Valley Pkwy (FVP) — Phase 1: Design and construct FVP (I -15 — Jefferson), SB exit ramp (1 LN), SB aux lane (FVP — Winchester Rd) & widen Winchester SB exit ramp (1 to 2)." Department: Public Works— Account No. 210.165.719 Scope of Project: Project will include design, right -of -way, utility relocation, and construction activities. Project requires oversight by Caltrans and coordination with the City of Murrieta. It will be designed to compliment the ultimate interchange project (Project No. PW02 -11). Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. Benefit: Project will improve traffic circulation. Project Cost: Actuals to Date 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Total Project Cost Administration $ 240,601 $ 159,791 $ 48,500 $ 48,500 $ 497,392 Caltrans Oversight $ 1,200,000 $ 1,200,000 $ 1,060,000 $ 3,460,000 Construction $ 2,000,000 $ 8,000,000 $ 3,000,000 $ 13,000,000 Design $ 991,752 $ 61,615 $ 1,053,367 Environmental $ 87,000 $ 87,000 MSHCP $ 650,000 $ 650,000 Totals 7 1,232,353 $ 4,158,406 $ 9,248,500 $ 4,108,500 $ $ $ 18,747,759 Source of Funds: DIF (Street Improvements) $ 444,203 $ 444,203 Measure A -Local Street and Road $ 630,008 $ 1,352,211 $ 48,500 $ 48,500 $ 2,079,219 TUMF(RCrc)* $ 158,142 $ 2,806,195 $ 9,200,000 $ 4,060,000 $ 16,224,337 Total Funding: $ 1,232,353 $ 4,158,406 $ 9,248,500 $ 4,108,500 $ $ $ 18,747,759 Future O & M Cost: $ 15,000 Annually *TUNE Regional funding pursuant to RCTC Agreement 06 -72- 048 -00 for a total of $7,517,000 ($5,715,000 -ROW; $2,000,000 PS &E) 45 Item No. 18 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Aaron Adams, Assistant City Manager DATE: June 22, 2010 SUBJECT: Approval of the Blue Ribbon Committee Nominations at the request of the Quality of Life / Temecula 2030 Subcommittee (Mayor Pro Tern Roberts and Council Member Washington) PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council approve the Blue Ribbon Committee nominations as submitted by the Quality of Life /Temecula 2030 Master Plan Subcommittee. BACKGROUND: The City of Temecula has embarked on a process called the Quality of Life/Temecula 2030 Master Plan to be used as a road map and planning tool for the next twenty years. This plan will define the City's long -term goals in a variety of areas, including but not limited to sustainability of quality of life, continual maintenance of public infrastructure, public safety, higher education, business retention and attraction, economic development and fiscal stability. It will also allow the City to gain the community's vision about where the City should be headed in order to maintain the great quality of life enjoyed by our citizens. Mayor Pro Tern Roberts and Council Member Washington were appointed to serve on the Quality of Life/Temecula 2030 Master Plan Subcommittee on May 12, 2009. In February 2010, the Subcommittee recommended to the City Council that the Blue Ribbon Committee consist of 16 -19 members, be representative of the community, and be structured and appointed as depicted in Exhibit A. The City Council approved the planned structure of the Blue Ribbon Committee and requested final approval of the Blue Ribbon Committee be brought back before the City Council. The Quality of Life /Temecula 2030 Master Plan Subcommittee met on June 2, 2010 to discuss the recommended nominees for each of the positions on the Blue Ribbon Committee. Blue Ribbon Committee Members will be representative of the community with specific demographics and perspectives such as: Senior Citizen College Student High School Student Faith -Based Organization Higher Education TVUSD (K -12) Medical Distribution Medical / Manufacturing / Life Science Healthcare Historical Tourism / Hospitality Economic Development Professional Retail Professional Applications were solicited from the City's website, cable station and various articles were written in local newspapers about this project. All submitted applications were forwarded to the Quality of Life / Temecula 2030 Master Plan Subcommittee for review. The Subcommittee has recommended nominations for the City Council to consider appointing in each of the positions for the Blue Ribbon Committee. In addition, each City Council member was afforded one (1) appointee to the Blue Ribbon Committee. The following are the nominations for the Blue Ribbon Committee: City Council Appointments (5) Gary Thornhill Retired Deputy City Manager, City of Temecula - Land Use Planner /Consultant Melissa Donaldson Executive Director, Safe Alternatives For Everyone - (SAFE) Non - profit Rosie Vanderhaak Library Manager, Temecula Public Library Diane Lovett -Webb Alternate: Matt Brown Mary Mollway President and Executive Director, New Vision Children's Services — (Special Needs) QLMP Subcommittee Ron Roberts Mayor Pro Tern Chuck Washington Council Member At -Large Applications (3), Generational Wayne Bershaw— Senior Citizen (Golden Years Association) Cameron McLaws — College Student Cal State San Marcos Jassy Grewal — High School Student Temecula Valley High School Toby Hammett — Faith Based Temecula United Methodist Direct Appointments, Industry Dr. Karen Haynes — Higher Education President CSUSM Carol Leighty — K -12 Education Ret. Superintendent, TVUSD Janese Luttgens — Medical Distribution CEO, Professional Hospital Supply Susan Slane— Medical MFG /Life Science Divisional Vice President, Quality & Compliance Abbott Vascular Bruce Christian — Healthcare President and Chief Executive Officer, Loma Linda Hospital Anne Miller, Ph.D. — Historical Psychologist John Kelliher — Tourism/Hospitality Owner, Grapeline Wine Country Tours Tim Gerritty — Economic Development Professional Director of the Office of Technology Transfer and Commercialization CSU San Bernadino Jeff Kurtz — Retail Professional General Manager, Promenade Mall FISCAL IMPACT: There is no financial impact associated with the formation of the Blue Ribbon Committee for the Quality of Life / Temecula 2030 Master Plan. It is anticipated that the Quality of Life / Temecula 2030 Master Plan will be completed in the spring /summer 2011. ATTACHMENTS: Organizational Chart Quality of Life Master Plan: Temecula 2030 Blue Ribbon Committee City Council Appointments (5) QLMP Subcommittee (2) At -Large Applications (3) (Alt: Matt Brown) - Planning /Land Use Generational Gary Thornhill Ron Roberts Senior Citizen Ret. Deputy City Manager, Mayor Pro Tern Wayne Bershaw Land Use Planner / Consultant -Marketing/Branding/Image Golden Years Association City of Temecula Melissa Donaldson Chuck Washington College Student Executive Director Council Member Cameron McLaws Safe Alternatives for Everyone (S.A.F.E.) Cal State San Marcos (Non- Profit) Rosie Vanderhaak High School Student Library Manager Jassy Grewal Temecula Public Library Temecula Valley H.S. City Staff to provide Diane Lovett -Webb support: -Technology Faith -Based (Alt: Matt Brown) - Planning /Land Use Organization - Parks /Rec Toby Hammett - Public Safety Temecula Methodist Church -Marketing/Branding/Image Mary Mollway President / Executive Director New Vision Children's Services (Special Needs) Direct Appointments (6 -9) Industry Higher Education Dr. Karen Haynes President Cal State San Marcos TVUSD (K -12) Carol Leighty Ret. Superintendent TVUSD Medical Distribution Medical /Mfg / Life Science Janese Luttgens Susan Slane CEO DVP of Quality Professional Hospital Supply Abbott Vascular Healthcare Bruce Christian President / CEO Loma Linda Hospital Historical Anne Miller Tourism /Hospitality John Kelliher Owner Grapeline Wine Country Tours Economic Development Prof Tim Gerrity Director, Office of Tech Tranf & Comm Cal State San Bernadino Retail Professional Jeff Kunz General Manager Promenade Mall Item No. 19 Approvals City Attorney /10 Director of Finance City Manager Go,, CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Tim Thorson, Director of Information Systems DATE: June 22, 2010 SUBJECT: Procurement of ShoreTel Phone and GFI FAX System - Civic Center Installation RECOMMENDATION: That the City Council Authorize the purchase and installation of ShoreTel Phone equipment from Conduit Networks on the PEPPM Contract for the total amount of $50,452.71, which includes shipping and applicable sales tax. 2. Authorize the single source purchase and installation of the GFI Faxmaker solution from Conduit Networks for $14,474.93. BACKGROUND: The City has migrated from the legacy NEC PBX telephone system to the ShoreTel Voice Over Internet Protocol (VOIP) system. Since City Council approval on July 8, 2008, the first -phase phone upgrade was implemented for select remote City facilities such as the Community Recreation Center, History Museum, and Senior Center. Procuring, planning, and installation of the second -phase phone system upgrade for the new Civic Center is in accordance with the Civic Center Technology Master Plan. With City Council authorization to accelerate funding through the Civic Center FF &E, funding was authorized by the City Council on November 25, 2008 for the amount of $128,906.00. This project allowed staff to terminate the outdated PBX system and to install the new phone system in the current City Hall. The recommendation for this agenda item completes the phone system upgrade to ShoreTel by installing the backbone equipment in the new Civic Center. This final phone upgrade will allow staff to move its existing phones to the new Civic Center and ensures a smooth transition when relocating the City offices. The City's primary phone numbers will also be allowed to remain the same. This project also includes the ShoreTel Conference Bridge that supports the new Civic Center Conference Rooms with conference calling features that give staff live -call desktop controls. Also, tools to facilitate a live- question- and - answer session, mute and un -mute individual lines, view all participants on the call, enable or disable recording & lecture mode will be made available The Faxmaker solution is a FAX server that integrates fax services with ShoreTel to support a unified messaging system that allows fax messages to be received in Microsoft Outlook Email inboxes. This will allow the City to dispose of all fax machines and support fax services with the phone and email systems. The GFI Faxmaker product is approved by ShoreTel and single sourced to Conduit Networks to ensure adequate integration with the City's phone and email systems. ShoreTel VOIP phone equipment is available on the PEPPM Multistate Purchasing Contract. These competitively, quoted prices are provided by Conduit Networks an authorized PEPPM contractor. Under this agreement, it would be within the City's discretion to take advantage of the pricing on another governmental entity contract. The contract is made available for use by State of California agencies and any city, county or local governmental agency empowered to expend public funds. Therefore, this purchase would be in compliance with competitive bidding requirements. Staff's research has determined that the PEPPM pricing is the most competitive. Also, it has been determined that the PEPPM program is consistent with the City's procurement policies and regulations and that it is used by many cities as an industry standard. FISCAL IMPACT: This purchase is included in the Furniture, Fixtures, and Equipment (FF &E) budget for the new Civic Center. The Civic Center project is included in the FY2010- 2014 CIP and is funded with Capital Project Reserves and Certificates of Participation (COPS). Adequate funds are available in the project account for this request. ATTACHMENTS: 1. Civic Center ShoreTel PEPPM Purchase and Installation Agreement 2. FAX/SERVER Single Source Purchase and Installation Agreement 3. Project Location 4. Project Description PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND CONDUIT NETWORKS CIVIC CENTER SHORETEL INSTALLATION THIS AGREEMENT is made and effective as of June 22, 2010 between the City of Temecula , a municipal corporation (hereinafter referred to as "City'), and Conduit Networks a Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1._. __TERM This Agreement shall commence on June 22, 2010 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 30, 2010 unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to purchase and install for the City Shoretel Telephone equipment and licenses as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is Fifty Thousand Four Hundred Fifty Two Dollars And Seventy-Nine Cents ($50,452.71). The Purchase Price is final and shall be paid by City to Contractor in accordance with Exhibit B. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work "). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shalt not commence the Work until such time as directed by the City. 5. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to.City a_ Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and 1 constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms, b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as Telecommunications and that City is relying on Contractor's warranties that the. Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. C. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state-- a material fact necessary to make the statements made, in light of the circumstances nder which they were made, not misleading_ 6. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 7. CITY APPROVAL ` All labor, materials, tools, equipment, . and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests aW use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before September 10, 2010 at 9:00 am. - 9. PLACE OF DELIVERY The Equipment shall be delivered to this location: City of Temecula 41000 Main St., Temecula, CA 92590. 10. REJECTION 2 10. REJECTION In the event of such notice of non - conformity by City pursuant to the section entitled 'City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. - _11s_ __NO REPLACEMENT OF CURE — This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 12. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and/or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising: out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 13. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and /or Scope of Work attached hereto as Exhibit-A. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. C. In the event of a conflict in terms between this Agreement, the PEPPM Schedule and/or the Contractor's response to PEPPM, ` this Agreement shall prevail over PEPPM and the Contractor's response to PEPPM: PEPPM is located at www:oenpm.org. 14. DEFAULT OF. CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City. shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. if such failure by the Contractor to make progress in the 3 performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the Executive Director or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory . performance. In the event the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. -' -15. -" "INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives; or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required; but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self - insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, orbe endorsed to contain, the following; provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities 4 performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall applyseparately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:Vll or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 16. SURVIVAL OF REPRESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained. in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 17. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the per formance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and 5 employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby. warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees tp.notify the City in the event any such interest-is discovered whether or,notsuch interest is prohibited by law or this Agreement. 19. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder: 20. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder; without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as maybe otherwise agreed to in'writing between the City Council and the Contractor. 21. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the 6 Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand- Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or-hand - deliveries ONLY: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 - To Consultant: Conduit Networks Attn: Guy Reams 28247 Madison Ave Suite 400 Temecula, CA 92590 22. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Conduit Networks (Two signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By Jeff Comerchero, Mayor ATTEST: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: M By: Name and Title Name and Title Peter M. Thorson, City Attorney CONTRACTOR Conduit Networks _Guy Reams 28247 Madison Ave Temecula, CA 92590 FSM Initials: Date: 8 EXHIBIT A DESCRIPTION OF EQUIPMENT AND SCOPE OF WORK Summary r.•in,�leovn�<areaM As Per PEPPM 2010 This proposal provides the Shoretel phone system equipment and licenses for the Civic Center. This proposal is provided under the PEPPM California State Technology _Purchasing Program. Qualified Volume - Discounts have been applied:.- . ,. - .:.... .: Proposed Objectives for Civic Center Shoretel Equipment and Licenses 904 Floor Telephone Additions for Civic Center lnvestrnent. $21,247.20 Strategies- * (3) Kit. tack mounting tray, for shorarear Switch 7U hall width, holds two I U ha8 %yeth switches - Manufacturer Pan Number; 10223 Unit Price: $74. f0 List Unit Price: $95.00 Extended Price: $222.30 . Sh"Geer 24A - 7U full width, Max Capacities - 24 Analog extensions. No It, Phone or bunk suppuR. (requires ShoreTel 6 orlatel) Manufacturer Pan Number: 10321 Unit Price: $2,33 &70 List Unit Prim. $2,995.00 Extended Price: $2,336.70 . (4) ShomGear 90 - 7U hairwidth, Max Capacities - 901P phones, 4 Analog axis. 8 LS kunksS 0 Universof ports. Not all maximum capacities can be reached at the same time. Requires 0110 Tray (SKU 10223) for every two units. Manufacturer Pert Number: 10260 Unit Price: $2,336.10 List Unit Price: $2,995.00 Extended Price: $9,344.40 10 (2) ShoreGear Tlk - 10 halt width, Max Capacilies -I T1. O lP phonas, 0 Analog eats, 0 LS only trunks, O Universal ports. Digital trunk support only. Requires one Tray (SKU 10223) for every two units. (requires ShoreTei 8 or later) - Manufacturer Part Number; 10322 Unit Price: $2,726.10 List Unit Price: $3,495,00 Extended Price; $5,452.20 . (2) ShoreGear 50V - tU had width. 50 IP phones, 2 Analog exts. 4 LS tnurkA 50 mailboxes, 22 hours of storage. Not all max capacities can be reached at the same untie Requires one Tray(SKU 102231forevery two uni{s.(requues ShcraTel8.l.or ._ .• Manufacturer Part Number: 10324 Unit Price: $1,946.10 List Unit Price: $2,495.00 Extended Price; $3,892.20 - Conference Rooms and Confer nCe Bridge fnvestmenf: $13,648.44 Strategies: . (2) ShorePhone )P 8000 - Conference Phone, Bundle (Includes 1 SIP Device License). For. use with ST 8 only. - for US insta)lalions only - Manufacturer Part Number. 10277 Unit Price: $857.22 List UnitPrice: - $1;099.00 Extended Price: $1,714.44 . Converged Gonferencfng. 12 Audio & Web.Conferencing ports, 1M Server (Software and Hardware) - - Manufacturer Part Number: 10246 Unit PtiCe: $11.934.00 List Unit Puce: $15,300,00 - Extended Price: $11,934.00 a (12) License, Ext Only (Conference Bridge) - Manufacturer Part Number: 30042 Unit Price: $0.00 List Unit Price; W-00 Extended Price: $0.00 11 1 :Shoretel Support "investment $1,895.70 Strategies: . (2130) ShoroCara Enterprise Support (f Year, Pof1 Covere9e) - Manufacturer Part Number: 94112 Unit Price: $0.89 List Und Price: 51.00 Extended Price: - - $1,895.70 - - -- Total Investment for Civic Center Shoretel Equipment and Licenses Total: $39,844.71 I�M1Wes a1 opP6eade mxre end snipphi9J PEPPM Ordering Details: ATTN: Shoretel Inc. - - cto Conduit Networks 40335 Winchester Road#112 - Temecula, CA 92591 Phone: (951) 693 -3000 Fax: (951) 296 -0239 Attn: Guy Reams 12 III I PEPPR Summary As Per PEPPM 2010 This proposal provides the Shoretel phone system equipment and licenses for the Civic Center. This Proposal is provided under the PEPPM California State Technology Purchasing Program. Qualified volume Discounts have been applied. - Proposed Objectives for Civic Center Shoretel Installation • ?PBX IMPIRM801860r, Haff Day Manufacturer Part Number 92011 Unit Prim $78000 List Unit PrIow. $900.00 Extended Price. $700,00 • IPBX Implementation Full Day Manufacturer Part Number: 92010 Unit Price! $1.404.00 List Unit Price: $1.80000 Extended Price: $9.828.00 Total Investment for Civic Center Shoretel Installation Total: $10,606.00 PEPPM Ordering Details: ATTN' Shoretel Inc. 000 Conduit Networks 40336 Winchester Road #112 Temecula, CA 92591 Phone: (951) 693-3000 Far. (951) 2116-0239 Aftn, Guy Reams 13 EXHIBIT B Conduit Networks will conduct this project for the fixed -fee amount $50,452.71. These fees are a combination of equipment and professional services. The equipment and professional services will be phased over the period of this contract as depicted in the table below. Pavment Schedule Payment Number Schedule Amount Description 1 Upon execution of the Agreement $25,226.35 50 %o payment 2 Upon completion of the Project $12,613.18 25% payment 3 30 Days after completion of the Project $12,613.18 25% payment 14 PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND CONDUIT NETWORKS GFI FAXISERVER PROJECT THIS AGREEMENT is made and effective as of June 22, 2010 between the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and Conduit Networks, a Corporation (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on June 22, 2010 and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 20, 2010 unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to purchase and install for the City GFI FAX Server Telephone equipment as more particularly described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment "). 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment is Fourteen Thousand Four Hundred and Seventy Four Dollars and Ninety Three Cents ($14,474.93). The Purchase Price is final and shall be paid by City to Contractor in accordance with Exhibit B. 4. SCOPE OF WORK Contractor shall manufacture and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ( "Work "). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as Telecommunications and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. C. Full Disclosure. None Contractor in this Agreement contains or will omits to state a material fact necessary circumstances under which they were made, 6. PERFORMANCE of the representations and warranties made by contain any untrue statement of a material fact, or to make the statements made, in light of the not misleading. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 8. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before September 10, 2010 at 9:00 am. 9. PLACE OF DELIVERY The Equipment shall be delivered to this location: City of Temecula 41000 Main St., Temecula, CA 92590. 10. REJECTION In the event of such notice of non - conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 11. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 12. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 13. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and /or Scope of Work attached hereto as Exhibit A. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. C. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and /or the Contractor's response to the RFP, this Agreement shall prevail over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the Contractor's response to the RFP. 14. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 15. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities M performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 16. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 17. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 20. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 21. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: City Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: City Manager 41000 Main Street Temecula. CA 92590 To Consultant: Conduit Networks Guy Reams 28247 Madison Ave Suite 400 Temecula, CA 92590 22. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Conduit Networks (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jeff Comerchero, Mayor Name and Title ATTEST: By: By: Susan W. Jones, MMC, City Clerk Name and Title APPROVED AS TO FORM: IS% Peter M. Thorson, City Attorney CONTRACTOR Conduit Networks Reams 28247 Madison Ave Suite 400 Temecula, CA 92590 FSM Initials: Date: �f DESCRIPTION OF EQUIPMENT AND SCOPE OF WORK Summary O CONDUIT This proposal provider GFI software and TIIPRI interface card to support 8 channel and 150 timrs. This proposal provides a standalone fax solution that will integrate with Microsoft Exchange. Proposed Objectives for Civic Center - GFI Faxmaker solution . GFI FAXMAKER WITH 1 YEAR SOFTWARE MAINTENANCE . GFI ADDITIONAL 4 LINES INCLUDING 1 YEAR SOFTWARE SUPPORT 4LUPG -lY . 8 CHANNEL FRACTIONAL TI1PRI BROOKTROUT TR1034 901 - 006 -16 . IYR STANDARD UNIT PLAN FOR 901- 006 -16 971- 006 -16 Total Investment for Civic Center - GFI Faxmaker solution Total: $14.474.93 (includes all applicable taxes and shipping) 05/17/10 jtnason 10 Page 2 of 2 EXHIBIT B Conduit Networks will conduct this project for the fixed -fee amount $14,474.93. These fees are a combination of equipment and professional services. The equipment and professional services will be phased over the period of this contract as depicted in the table below. Payment Schedule Payment Number Schedule Amount Description I Upon execution of the Agreement $7,237.46 50% payment 2 Upon completion of the Project $3,618.73 25% payment 3 30 Days after completion of the Project $3,618.73 25% payment 11 PROJECT LOCATION Project Title: CIVIC CENTER 5� JF` �O ®R PROJECT DESCRIPTION Project 'Title: Project 'Type: Description: Department: Scope of Project: Benefit: CIVIC CENTER Infrastructure :1111191:j �Jk Project will construct an approximately 93,000 square -foot, three -story City administration building and Council Chambers, along with a 3,500 square -foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. Planning /Public Works — 210.165.751 Project will include design and construction of a three -story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build -out. Project Cost: $ Actuals $ 16,460,449 COPS $ 473,215 to Date DIF (Corporate Facilities) 2009 -10 2010 -11 Administration $ 125,854 $ 598,367 Acquisition $ 25,800 $ 56,200 Construction $ 476,271 $ 34,450,621 Construction Engineering $ 352,000 Design $ 3,985,211 $ 1,235,789 Fixtures /Furn/Equip $ 147,080 $ 3,392,720 Utilities $ 307,564 $ 2,436 Totals $ 5,067,780 $ 40,088,133 $ Source of Funds: Capital Project Reserves $ 4,594,565 $ 16,460,449 COPS $ 473,215 $ 22,787,684 DIF (Corporate Facilities) 45,155,913 $ 800,000 DIF (Public Art) $ 40,000 Total Funding: $ 5,067,780 $ 40,088,133 $ $ Future O & 110 Cost: $ 900,000 Annually 91 Total Project 2011 -12 2012 -13 2013 -14 Cost $ 724,221 $ 82,000 $ 34,926,892 $ 352,000 $ 5,221,000 $ 3,539,800 $ 310,000 $ $ $ 45,155,913 $ 21,055,014 $ 23,260,899 $ 800,000 $ 40,000 $ 45,155,913 TEMECULA COMMUNITY SERVICES DISTRICT Item No. 20 ACTION MINUTES of JUNE 8, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:10 PM. CALL TO ORDER: President Chuck Washington ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington ABSENT: Roberts CSD PUBLIC COMMENTS There were no public comments. CSD CONSENT CALENDAR 17 Action Minutes - Approved Staff Recommendation (4 -0 -1) — Director Edwards made the motion; it was seconded by Director Comerchero and electronic vote reflected approval with the exception of Director Roberts who was absent. RECOMMENDATION: 17.1 Approve the action minutes of May 25, 2010. CSD PUBLIC HEARING 18 Review and Adoption of the Fiscal Year 2010 -2011 Annual Operating Budget - Approved Staff Recommendation (4 -0 -1) — Director Naggar made the motion; it was seconded by Director Comerchero and electronic vote reflected approval with the exception of Director Roberts who was absent. RECOMMENDATION: 18.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 10 -03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FY 2010 -11 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 19 Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2010 -2011 - Approved Staff Recommendation (4 -0 -1) — Director Comerchero made the motion; it was seconded by Director Edwards and electronic vote reflected approval with the exception of Director Roberts who was absent. RECOMMENDATION: 19.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. CSD 10 -04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B — RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE COLLECTION AND SERVICE LEVEL R— EMERGENCY UNPAVED ROAD MAINTENANCE SERVICES FOR FISCAL YEAR 2010 -2011 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:24 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, June 22, 2010, at 5:30 PM., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. Chuck Washington, President ATTEST: Susan W. Jones, MMC City Clerk /District Secretary [SEAL] Item No. 21 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman Parker, Director of Community Seervices DATE: June 22, 2010 SUBJECT: Community Services Technical Support PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approve the Agreement between the Temecula Community Services District and Timmy D' Productions in the amount of $55,000 to provide technical support at Citywide special events and programs as needed. BACKGROUND: Timmy D' Productions has successfully provided outstanding technical support and sound services for numerous City sponsored programs and major special events for many years. Timmy D' Productions has a proven record in providing superior services and quality support for the increased number of programs and major special events offered throughout the City. The following is a listing of programs and special events that will be provided through this Agreement. The services may include but are not limited to staging, sound equipment, movie equipment, producer services and entertainment as needed. 4th of July Extravaganza Annual Christmas Tree Lighting Ceremony Summer Concert Series Dedications Teen Dances and Socials Movies in the Park Pool Parties Aglow in the Park Skate Park Competitions Annual Easter Egg Hunts FISCAL IMPACT: Funds necessary to provide technical support at Citywide special events and programs are available in the FY 2010 -2011 budget. ATTACHMENTS: Agreement NON - EXCLUSIVE THIRD -PARTY ENTERTAINMENT AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TIMMY D' PRODUCTIONS THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Timmy D' Productions, Inc., a Corporation (hereinafter referred to as "Entertainer /Agent "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 1, 2010 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 31, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Entertainer /Agent shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Entertainer /Agent shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE a. Entertainer /Agent and any performers contracted and /or represented by the Entertainer /Agent or any third party shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Entertainer /Agent and any employees or and /or contracted /represented performers of Entertainer /Agent or any third party and his firm shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Entertainer /Agent and /or any third party or contracted entertainment hereunder in meeting its obligations under this Agreement. b. Special Effects. No. pyrotechnics or special effects of any kind shall be allowed as any part of a performance for the City by the Entertainer /Agent, its employees, or any entertainer /performer hired or represented by the Entertainer /Agent or any third party without the prior written consent of the City Manager or authorized designee. 4. LOCATION AND REALIABILITY OF PERFORMANCE The date, time, and location of Entertainer /Agents performance or that of any employees or contracted performers of the Entertainer /Agent shall be determined at the time of City's request for "Event Price Quote /Agreement ". All entertainment shall be provided within City limits. Time and reliability are of the essence in this Agreement. 5. PAYMENT a. The City agrees to pay Entertainer /Agent monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed fifty five thousand dollars and no cents for the total term of this agreement unless additional payment is approved as provided in this Agreement. This Agreement does not guarantee the Entertainer /Agent this amount in contracted performances. b. Entertainer /Agent shall not be compensated for any services rendered in connection with its performance of this Agreement, which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Entertainer /Agent shall be compensated for any additional services in the amounts and in the manner as agreed to by the General Manager and Entertainer /Agent at the time City's written authorization is given to Entertainer /Agent for the performance of said services. C. Entertainer /Agent acknowledges and agrees that it shall be responsible for paying any employee's of its firm and /or any entertainers /performers contracted by the Entertainer /Agent (Timmy D' Productions) to perform on behalf of Entertainer /Agent or any third party for any City event. This Agreement is between the City and Timmy D' Productions only. The City shall not be held liable for any monies due or any disputes for contractual agreements between the Entertainer /Agent and other independent performers /entertainers hired by the Entertainer /Agent. Entertainer /Agent shall provide City a written release in a form reasonably acceptable to the City, signed by all entertainers /performers hired /represented by the Entertainer /Agent or any third party, releasing the City and waiver from any liability for payment prior to each event. d. Entertainer /Agent will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Entertainer /Agent's fees, it shall give written notice to Entertainer /Agent within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Entertainer /Agent shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 6. NON - EXCLUSIVE AGREEMENT Entertainer /Agent understands this is a non - exclusive Agreement between the City and Entertainer /Agent and no guarantee of work or cost as outlined as above- mentioned is given or implied. 7. EQUIPMENT /MATERIALS Entertainer /Agent(s) shall provide their own sound equipment and any other special equipment and materials that are required for the performance, unless other arrangements are made in writing and approved with the City prior to the performance. Sound equipment shall be adequate for the size of the anticipated audience and location of the performance. The City reserves the right to inspect all equipment and /or materials being used for any performance. 8. USE OF COPYRIGHTED MATERIAL The Entertainer /Agent shall be fully responsible for paying any legally required royalties of fees for the use by the Entertainer /Agent of copyrighted material and shall comply at all times with all applicable copyright laws. The Entertainer /Agent shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Entertainer /Agents sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and Entertainer /Agent. 10. a. A performance may be cancelled, terminated, or suspended at any time, with or without cause, at the sole discretion of the General Manager or his delegate without default or breach of this Agreement by the City. The City may also at any time, for any reason, with or without cause suspend or terminate this Agreement, or any portion hereof, by serving upon the Entertainer /Agent at least ten (10) days prior written notice. Upon receipt of said notice, the Entertainer /Agent shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates this Agreement, or a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Entertainer /Agent the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Entertainer /Agent will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 11. DEFAULT OF ENTERTAINERIAGENT a. The Entertainer /Agent's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Entertainer /Agent is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Entertainer /Agent for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Entertainer /Agent. If such failure by the Entertainer /Agent to make progress in the performance of work hereunder arises out of causes beyond the Entertainer /Agent's control, and without fault or negligence of the Entertainer /Agent, it shall not be considered a default. b. If the General Manager or his delegate determines that the Entertainer /Agent is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Entertainer /Agent with written notice of the default. The Entertainer /Agent shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Entertainer /Agent fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 12. INDEMNIFICATION The Entertainer /Agent agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Entertainer /Agent's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City. 13. INSURANCE REQUIREMENTS Entertainer /Agent shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Entertainer /Agent, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: CG 00 01 1185 or 88. 1) Insurance Services Office Commercial General Liability form No. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Entertainer /Agent owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Entertainer /Agent has no employees while performing under this Agreement, worker's compensation insurance is not required, but Entertainer /Agent shall execute a declaration that if has no employees. b. Minimum Limits of Insurance. Entertainer /Agent shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Is Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self - insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Entertainer /Agent's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Entertainer /Agent shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Entertainer /Agent shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Entertainer /Agent's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 14. INDEPENDENT CONTRACTOR a. Entertainer /Agent is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Entertainer /Agent shall at all times be under Entertainer /Agent's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Entertainer /Agent or any of Entertainer /Agent's officers, employees, or agents except as set forth in this Agreement. Entertainer /Agent shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Entertainer /Agent shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Entertainer /Agent in connection with the performance of this Agreement. Except for the fees paid to Entertainer /Agent as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Entertainer /Agent for performing services hereunder for City. City shall not be liable for compensation or indemnification to Entertainer /Agent for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Entertainer /Agent shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Entertainer /Agent shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Entertainer /Agent to comply with this section. 16. RELEASE OF INFORMATION a. All information gained by Entertainer /Agent in performance of this Agreement shall be considered confidential and shall not be released by Entertainer /Agent without City's prior written authorization. Entertainer /Agent, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Entertainer /Agent gives City notice of such court order or subpoena. b. Entertainer /Agent shall promptly notify City should Entertainer /Agent, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Entertainer /Agent and /or be present at any deposition, hearing or similar proceeding. Entertainer /Agent agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Entertainer /Agent. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 17. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: General Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. 694 -6444 to determine if the City has relocated. After the City has relocated, following address for a delivery service or hand - deliveries ONLY: To Consultant: 18. LICENSES City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Timmy D' Productions 42075 Remington Avenue Temecula, California 92590 Please call 951 - please use the At all times during the term of this Agreement, Entertainer /Agent shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 19. GOVERNING LAW The City and Entertainer /Agent understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 20. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Entertainer /Agent, or Entertainer /Agent's sub - contractors for this project, during his /her tenure or for one year thereafter. The Entertainer /Agent hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Entertainer /Agent or Entertainer /Agent's sub - contractors on this project. Entertainer /Agent further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 21. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 22. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Entertainer /Agent warrants and represents that he or she has the authority to execute this Agreement on behalf of the Entertainer /Agent and has the authority to bind Entertainer /Agent to the performance of its obligations hereunder. i IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, President ATTEST: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, Agency Counsel TIMMY D' PRODUCTIONS (Two Signatures of corporate officers required un less corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Timmy D' Productions Representative Timmy D' Productions Representative ENTERTAINER/AGENT Timmy D' Productions Timmy Daniels 42075 Remington Ave., Suite 108 Temecula, CA 92590 (951) 693 -1680 (951) 506 -9081 E FSM Initials: Date: O EXHIBIT A TASKS TO BE PERFORMED Entertainer /Agent and /or his sub - contractors shall provide performances, on an as needed basis, upon request of the City of Temecula. Entertainer /Agent recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City and the Entertainer /Agent for future performances at City events and recreational activities. The procedure for assigning work is set forth as follows: The City Manager and /or the Director of Community Services or their designee's shall submit to the Entertainer /Agent a written or verbal request for performance. The type of performance, location, date, and time shall be described or conveyed to the Entertainer /Agent. 2. Within five (5) business days of the date of the written or verbal request for performance, the Entertainer /Agent shall respond in writing with an event price quote /Agreement. 3. Special Effects — No pyrotechnics or special effects of any kind shall be allowed as any part of a performance for the City by the Entertainer /Agent, its employees, or any entertainer /performer hired or represented by the Entertainer /Agent or any third party without the prior written consent of the General Manager or authorized designee. 4. Upon acceptance of the Entertainer /Agents response by the City Manager and /or the Director of Community Services or their designee's, the Entertainer /Agent shall proceed to "book" the event. The Entertainer /Agents performance or the performance of any sub- contractors of any event shall be pursuant to the terms of this Agreement. 10 EXHIBIT B PAYMENT RATES AND SCHEDULE Exhibit B shall be the Event quote /Agreement as provided by the Entertainer /Agent for each individual performance as requested by the City. In any event, the cost of such services, while not guaranteed as per Section 5 of this Agreement, shall not exceed a total of $55,000.00 for the total term of this Agreement. Entertainer /Agent shall be responsible for payment due to any employee of the Entertainer /Agent or any entertainer /performer hired and represented by the Entertainer /Agent or any third party outlined in Section 5b paragraph 2 of this Agreement. 11 Item No. 22 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 22, 2010 SUBJECT: Food and Beverage Sales Agreement Between the Temecula Community Services District and Stadium Pizza Redhawk, LLC for the Patricia H. Birdsall Sports Park PREPARED BY: Gail Zigler, Administrative Assistant RECOMMENDATION: That the Board of Directors approve the Food and Beverage Sales Agreement between the Temecula Community Services District (TCSD) and Stadium Pizza Redhawk, LLC, for the Patricia H. Birdsall Sports Complex. BACKGROUND: Since the opening of the Patricia H. Birdsall Sports Park, the TCSD has been in agreement with C & E Concessionary Enterprises, Inc. to provide concession services at the Patricia H. Birdsall Sports Park. C & E Concessionary Enterprises, Inc. has opted to relinquish their agreement with the TCSD prior to the end of the agreement term. As a result, the TCSD released a Request for Qualifications (RFQ) from vendors who would be interested in operating the concession stand at the Sports Park. The RFQ was posted on Planet Bids. Two firms submitted proposals and based on the submittals and interviews, itwas determined that Stadium Pizza Redhawk, LLC was the most qualified firm and staff is recommending that the TCSD enter into an agreement with Stadium Pizza Redhawk, LLC to provide concession services at the Patricia H. Birdsall Sports Park. This is an exclusive agreement to provide food and beverages from the concession area at Patricia H. Birdsall Sports Park. The TCSD reserves the right to contract with other food vendors in areas outside the concession area for special events. The agreement will be in effect until June 30, 2012 with the option of two one year extensions. Hours of operation will be Monday through Friday from 3:30 pm to 9:00 pm and Saturdays from 8:00 am to 7:00 pm. Additional hours may be provided with written approval. The TCSD will receive ten percent (10 %) of the gross revenues generated from sales. FISCAL IMPACT: Revenues generated will be 10% of the gross sales. Staff estimates the revenues to be approximately $15,000 annually. ATTACHMENTS: Agreement FOOD AND BEVERAGE SALES AGREEMENT BETWEEN CITY OF TEMECULA AND STADIUM PIZZA REDHAWK, LLC FOR THE PATRICIA H. BIRDSALL SPORTS PARK THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a municipal corporation ( "City ") and Stadium Pizza Redhawk, LLC, a California Limited Liability corporation ( "Concessionaire "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be true and correct: a. The City has constructed and will operate the Patricia H. Birdsall Sports Park. The Sports Park includes sports fields, picnic facilities and a food concession area. b. The Sports Park current contracted concessionaire has relinquished their contract with the City as of July 1, 2010. C. City circulated a request for proposal for the food concession at the Sports Park and following receipt and evaluation of the responses, selected Concessionaire to provide high quality food and beverage services for the Sports Park Food Concession Area. d. City desires to have a Concessionaire, and Concessionaire desires, to provide for the sale of high quality food and beverages at the Sports Park from the Food Concession Area. 2. Dermitions. As used in this Agreement the following words and phrases shall be defined as follows: a. "City Supplied Equipment' shall mean the equipment provided by the City for the operation of the food and beverage sales operation as described in Exhibit B, City Supplied Equipment. b. "Concessionaire Supplied Equipment' shall mean such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the City Supplied Equipment. C. "Director" shall mean the Director of Community Services of the City of Temecula or his or her designee. d. "Director of Finance" shall mean the Director of Finance of the City of Temecula or his or her designee. c: \program files\neevia.com \document converter \temp \971271.doc e. "Food Concession Area" shall mean that portion of the Sports Park designated as the food concession area which is described and depicted on Exhibit A, Food Concession Area. f "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses. g "Sports Park" shall mean the Patricia H. Birdsall Sports Park located at 32380 Deer Hollow Way, Temecula, California. h. "TCSD" shall mean the Temecula Community Services District. 3. EXCLUSIVE AGREEMENT FOR FOOD AND BEVERAGE SALES AT FOOD CONCESSION AREA. Concessionaire shall have an exclusive agreement to provide for the sale of high quality food and beverages from the Food Concession Area to patrons of the Sports Park and members of the public in accordance with the terms of this Agreement. The City reserves the right to contract with other food vendors in areas of the Sports Park outside of the Food Concession Area for special events. The City shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Special Event. 4. MAINTENANCE OF EQUIPMENT AND PHYSICAL PLANT OF FOOD CONCESSION AREA a. The City shall provide equipment for the operation of the food and beverage sales operation as described in Exhibit B, City Supplied Equipment ( "City Equipment "). City shall maintain the City Supplied Equipment in good working order and replace such items of the City Supplied Equipment when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement of City Supplied Equipment damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the City Supplied Equipment in accordance with applicable law and standard commercial food handling practices. b. Concessionaire shall provide such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the City Supplied Equipment ( "Concessionaire Supplied Equipment "). At the termination or expiration of this Agreement, the City shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. C. City shall arrange for and be responsible for the timely payment of electricity, water, gas, security system and exterior pest control for the Food Concession Area. c: \program files\neevia.com \document converter \temp \971271.doc d. Concessionaire shall arrange for and be responsible for all other services within the Food Concession Area necessary and convenient for the sales of food and beverages as required by this Agreement, including, but not limited to, telephone and telecommunications facilities and lines, interior pest control and interior custodial services. Director and Concessionaire may agree in writing upon shared responsibilities and costs for the exterior custodial services. e. All signage for the Concessionaire's food and beverage operation at the Food Concession Area, including sign content, shall be approved in writing by the Director prior to placement. The name of the facility shall be "The Stadium Snack Shack." 5. FOOD AND BEVERAGE SALES OPERATIONAL REQUIREMENTS. In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide food and beverages at the Food Concession Area during the following hours: (1) Monday through Friday from 3:30 p. m. to 9:OC p.m.; and (2) Saturdays from 8:00 a.m. to 7:00 p.m. Additional hours shall be provided upon the prior written approval of the Concessionaire and the Director. Concessionaire shall not sell beer, wine or other alcoholic beverages as part of its beverage service. b. Prior to commencement of the sales from the Food Concession Area and not less than calendar quarter thereafter the Director shall review and, after consulting with Concessionaire, approve the menus and quality of offerings for the Sports Park operations. Concessionaire shall not sell any items from the Food Concession Area without the prior written consent of the Director. C. Director shall approve in writing the food and beverage price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices for food and beverages shall not exceed the prices on this approved list. d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality food and beverage services as are required of Concessionaire in meeting its obligations under this Agreement. e. As of the date of this Agreement, the Riverside County Health Department is requiring the City to obtain all applicable health permits and licenses as the owner of the facility in which the food and beverages services described in this Agreement will be conducted. City shall obtain such permits and license. Concessionaire shall cooperate with the City in providing information which might be required to obtain such permits and licenses. Concessionaire shall operate and manage the food and beverage services described in this c: \program files\neevia.com \document converter \temp \971271.doc Agreement in full compliance with the terms of such permits and licenses and with any changes or modifications to said permits and licenses. To the extent the laws, regulations or opinions of the Riverside Health Department may change, Concessionaire shall obtain such permits and licenses as required by applicable laws and regulations. f Concessionaire shall at its own cost and expense procure and keep in force during the term of this Agreement all necessary permits and licenses and shall require any subcontractors to have all necessary permits and licenses during the course of the term of the Agreement, including, without limitation: (1) City of Temecula business license; (2) County of Riverside Health Department food handler permits; and (3) California State Board of Equalization sellers permit. g. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment of taxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the term of the Agreement as a result of Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against City's property during the term of this Agreement. h. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to City. The style and colors of uniforms for employees shall be approved by the Director. i. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall follow all applicable sanitary practices, rules and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the City. The City shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. j. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of normal sensitivity during the course of providing services at the Sports Park. Concessionaire's employees shall not interfere with a program or special event presented at the Sports Park. The Director shall be the sole judge in the determination of such matters. k. To the extent required by law, Concessionaire's employees shall be fingerprinted and undergo the State required background check for working in a public park. 1. Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. M. Concessionaire shall respond promptly to all complaints from patrons and shall report to City on each complaint and the resolution thereof. If City believes a c: \program files\neevia.com \document converter \temp \971271.doc complaint to be of a serious nature, City shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. n. Not less than once each calendar month during the first year of the term of this Agreement, the Director and Concessionaire shall meet to discuss the operation of the food and beverage services and the financial viability of the operation. o. All promotions with other food vendors or any subcontracts shall be approved in advance and in writing by the Director. P. Concessionaire shall allow City Staff access to the Food Concession area as necessary or convenient to the City to insure compliance with the terms of this Agreement. 6. TERM. a. This Agreement shall commence on July 1, 2010 and shall remain and continue in effect until June 30, 2012, unless sooner terminated or extended pursuant to the provisions of this Agreement. City shall have the right to extend this Agreement for two one (1) year periods with the first beginning on July 1, 2012 and the second beginning on July 1, 2013. City shall exercise its option to extend the Agreement on or before April 1 of the year of expiration. b. Concessionaire shall not be required to provide food and beverage services pursuant to this Agreement until such time as the Director issues a notice to commence sales upon the opening of the Sports Park. PAYMENT TO THE CITY. a. Concessionaire shall sell its food and beverages to patrons of the Sports Park and members of the public from the Food Concession Area City shall not be required to pay or otherwise compensate Concessionaire for providing food and beverage services at the Sports Park. b. For the privilege of operating the Food Concession Area pursuant to the terms of this Agreement, Concessionaire shall pay to the City ten percent (10 %) of the Gross Revenues of the Concessionaire from its sales pursuant to this Agreement. Said sum shall be paid to the City within ten (10) calendar days following the end of each calendar quarterly. C. As used in this Agreement, "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses; provided, however, sales taxes c: \program files\neevia.com \document converter \temp \971271.doc pursuant to Section 7200 et seq. of the Revenue and Taxation Code shall not be included in Gross Revenues. d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaire's revenues received in connection with the sales of food and beverages pursuant to this Agreement. The Director of Finance shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration of the term of this Agreement and any extensions thereof. City and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business day's notice. If a City audit uncovers an underreporting of Gross Revenues in the amount of five percent (5 %) or more during a one year period, Concessionaire shall pay the City's costs in performing the audit. e. Prior to the commencement of the term of this Agreement, Concessionaire shall deposit in a local bank, or savings and loan company having F.D.LC., or F.S.LLC., in favor of the City of Temecula, the amount of One Thousand Dollars ($1,000.00). If Concessionaire defaults in payments to the City or any of the terms, provisions, covenants and conditions of this Agreement, City may use, apply, or retain the whole or any part of this security for any payment due to the City of any expenses or payment in default or for any other sum which the City may spend or be required to spend by reason of Concessionaire's default. The security deposit or any balance remaining of the security deposit, less any deductions per this subsection, shall be returned to Concessionaire, without interest, within fourteen (14) days of the termination or expiration of this Agreement. In the event City uses part or all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used within ten (10) days of notice from City. City may require, at any time, that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. 8. TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the City at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the Director otherwise agrees in writing. c: \program files\neevia.com \document converter \temp \971271.doc C. In the event this Agreement is terminated pursuant to this Section, the Concessionaire shall pay to the City the amounts which may be due to the City under this Agreement through the time of termination. 9. DEFAULT OF CONCESSIONAIRE. a. Concessionaire's failure to comply with the provisions of this Agreement shall constitute a default. b. If the Director determines that Concessionaire is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Concessionaire with written notice of the default. Concessionaire shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Concessionaire fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate or suspend this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. C. In the event the Director determines that Concessionaire's default poses an immediate risk to the health or safety of patrons of the park, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the Director shall initiate the default procedures set forth in this Section. d. The City and Concessionaire agree that waiver by the City or Concessionaire of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 10. INDEMNIFICATION. Concessionaire agrees to defend, indemnify, protect and hold harmless the City, Temecula Community Services District ( "TCSD "), their officers, officials, agents, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City or TCSD may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Concessionaire's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City, TCSD, their officers, officials, agents, employees and volunteers. 11. INSURANCE REQUIREMENTS. Concessionaire shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or c: \program files\neevia.com \document converter \temp \971271.doc damages to property, which may arise from or in connection with the performance of the work hereunder by the Concessionaire, its agents, representatives, or employees. as: a. Minimum Scope of Insurance. Coverage shall be at least as broad (1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Concessionaire owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Concessionaire shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. (3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the Director of Finance. At the option of the Director of Finance, either the insurer shall reduce or eliminate such deductibles or self - insured retentions as respects the City, TCSD, their officers, officials, agents, employees or volunteers; or the Concessionaire shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: c: \program files\neevia.com \document converter \temp \971271.doc (1) The City, the TCSD, their officers, officials, agents, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Concessionaire; products and completed operations of the Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the City, TCSD, their officers, officials, agents, employees or volunteers. (2) For any claims related to this Agreement, the Concessionaire's insurance coverage shall be primary insurance as respects the City, TCSD, their officers, officials, employees and volunteers. Any insurance or self - insured maintained by the City, TCSD, their officers, officials, agents, employees or volunteers shall be excess of the Concessionaire's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, TCSD, their officers, officials, agents, employees or volunteers. (4) The Concessionaire's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f Verification of Coverage. Concessionaire shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Concessionaire's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. c: \program files\neevia.com \document converter \temp \971271.doc 12. INDEPENDENT CONTRACTOR. a. Concessionaire is and shall at all times remain as to the City a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Concessionaire shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Concessionaire in connection with the performance of this Agreement. Except for the rights of Concessionaire as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for City. City shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself informed of all applicable local, State and Federal laws, ordinances, and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. Concessionaire shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable for any failure of the Concessionaire to comply with this section. 14. RELEASE OF INFORMATION. a. All information gained by Concessionaire in performance of this Agreement shall be considered confidential and shall not be released by Concessionaire without City's prior written authorization. Concessionaire, its officers, employees, agents or subcontractors, shall not without written authorization from the Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any projector property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Concessionaire gives City notice of such court order or subpoena. b. Concessionaire shall promptly notify City should Concessionaire, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work c: \program files\neevia.com \document converter \temp \971271.doc performed thereunder or with respect to any projector property located within the City. City retains the right be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Concessionaire. However, City's right to review any such response does not imply or mean the right or obligation by City to control, direct, or rewrite said response. 15. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City: City of Temecula Community Services District Mailing Address: P.O. Box 9033 Temecula, California 92589 -9033 Attention: Director of Community Services Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Community Services District 43200 Business Park Dr. Temecula, CA 92590 Attention: Director of Community Services The City intends to relocate to anew City Hall on or about September of 2010. Please call 951 -694- 6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Community Services Department Attention: Director of Community Services 41000 Main Street Temecula, CA 92590 To Concessionaire: Stadium Pizza Redhawk, LLC 31950 Temecula Parkway #1 Temecula, California 92592 Attention: Anthony James Turski, President c: \program files\neevia.com \document converter \temp \971271.doc 16. ASSIGNMENT. Due to the special services being performed by Concessionaire pursuant to this Agreement, and the importance of providing quality food and beverage services, Concessionaire shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Director. 17. GOVERNING LAW; LITIGATION. The City and Concessionaire understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the revailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub - contractors, during his /her tenure or for one year thereafter. The Concessionaire hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, or in the business of the Concessionaire or Concessionaire's sub - contractors for the services to be provided under this Agreement. Concessionaire further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of Concessionaire and has the authority to bind Concessionaire to the performance of its obligations hereunder. 21. EXHIBITS. The following Exhibits are attached to this Agreement and incorporated herein as though set forth in full: a. Exhibit A Description of Food Concession Area b. Exhibit B City Supplied Equipment c: \program files\neevia.com \document converter \temp \971271.doc c: \program files\neevia.com \document converter \temp \971271.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington, President Attest: Susan W. Jones, CMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney c: \program files\neevia.com \document converter \temp \971271.doc CONCESSIONAIRE: STADIUM PIZZA REDHAWK, LLC a California Limited Liability corporation By:_ Name: By:_ Name: Title: (Two Signatures of Corporate Officers Required For Corporations) FSM Initials: DATE: c: \program files\neevia.com \document converter \temp \971271.doc EXHIBIT "A" c:\program files\neevia.com \document converter \temp \971271.doc EXHIBIT B CITY SUPPLIED EQUIPMENT c: \program files\neevia.com \document converter \temp \971271.doc Item No. 23 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 22, 2010 SUBJECT: Temecula Community Services District Fiscal Year 2010 - 2011 Annual Maintenance Agreements. PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors approve the minor annual maintenance and construction contracts for Fiscal Year 2010 — 2011 with: 1. Craftsmen Plumbing & Heating, for an amount not to exceed $100,000.00 2. Imperial Paving Company, Inc. for an amount not to exceed 3. NPG, Inc. for an amount not to exceed 4. Del Rio Enterprise, for an amount not to exceed 5. Witcher Electric, for an amount not to exceed 6. Strong's Painting, for an amount not to exceed 7. Power Distributors, Inc. for an amount not to exceed 8. Musco Sports Lighting, LLC. for an amount not to exceed 9. Tiger Equipment, Inc. for an amount not to exceed 10. T.D. Grogan Construction, for an amount not to exceed 11. Moore Fence Company, Inc. for an amount not to exceed 12. J M Justus Fence Company, for an amount not to exceed $100,000.00 $100,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 75,000.00 $ 50,000.00 $ 50, 000.00 $ 50,000.00 $ 50, 000.00 BACKGROUND: Each year the Temecula Community Services Department enters into numerous maintenance and construction agreements with various contractors that perform minor maintenance and construction jobs throughout the City. These jobs usually range in cost from over $1,000 to under $30,000 and involve miscellaneous repairs, electrical, fencing, paving, grading or excavation, plumbing, painting, general construction and emergency call -out. Nevertheless, each job requires an agreement between the City and the contractor. In an effort to streamline these contractual requirements, staff has taken measures to place under agreement twelve (12) contractors that are very capable of performing routine jobs and emergency services. Essentially, these agreements will give staff administrative tools needed to efficiently execute minor maintenance and construction work by having executed agreements which satisfy insurance, prevailing wage requirements, terms and conditions as well as a general scope of work. This contracting technique is widely used by cities to employ a higher more responsive maintenance capability. Also, in the event of an emergency that can impinge the safety of City facilities, and other City maintained areas, these agreements can facilitate an expedient reaction and resolution to adverse conditions without jeopardizing administrative requirements. It is important to understand that the not to exceed $100,000.00 amounts does not necessarily mean it will be spent but rather is a ceiling to operate on an as needed basis. Although some jobs may be better accomplished by one contractor because of equipment availability, timing issues and job location, every effort will be made by staff to distribute the work load evenly between these contractors. The contractor will be responsible for providing a work proposal for each job, which must be approved by staff before any work is started. Staff mailed letters to thirty five (35) contractors in the local area that could meetthe described minor routine maintenance and construction work required. The letters requested time and material pricing for both labor and equipment rates. It also included holiday and overtime rates. Twenty five (25) out of the thirty five (35) contractors responded and provided competitive labor and equipment rates as seen in Exhibit "B" of each agreement. Staff has reviewed these rates and has determined they are consistent with current prevailing wages and current hourly equipment rates previously paid by the City. The contractors listed below responded to the request for time and material rates and are recommended for not to exceed $100,000.00 agreements for a one (1) year terms. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) yearterm(s). In no event shall the contract be extended beyond June 30, 2015. Company 1. Craftsmen Plumbing & Heating 2. Imperial Paving Company, Inc. 3. NPG, Inc. 4. Del Rio Enterprise 5. Witcher Electric 6. Strong's Painting 7. Power Distributors, Inc. 8. Musco Sports Lighting, LLC. 9. Tiger Equipment, Inc. 10. T.D. Grogan Construction 11. Moore Fence Company, Inc. Amount not to Exceed Term $100,000.00 1 year $100,000.00 1 year $100,000.00 1 year $ 75,000.00 1 year $ 75,000.00 1 year $ 75,000.00 1 year $ 75,000.00 1 year $ 75,000.00 1 year $ 50,000.00 1 year $ 50,000.00 1 year $ 50,000.00 1 year 12. J M Justus Fence Company $ 50,000.00 1 year FISCAL IMPACT: Sufficient funds have been included in the proposed Annual Operating Budget for Fiscal Year 2010 — 2011 in the appropriate expenditure accounts. ATTACHMENTS: 1) Contracts R: \SIRE REPORTS ET AL \Maintenance \Agenda Repaor 2010 - 2011\Agenda Repaot Annual Contracts 2010- 2011.doc AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND CRAFTSMEN PLUMBING HEATING AND COOLING, INC. ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Craftsmen Plumbing, Heating and Cooling, Inc. a Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, C Ugi FilesUeevia Comb ooment Conva eaq\91 27 .doc Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. C Ugi FilesUeevia Comb oO mentConva eaq\91 27 .doc 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply C Ugi FilesUeevia Comb oO mentConva eaq\91 27 .doc separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 4 C Ugi FilesUeevia Comb oO mentConva eaq\91 27 .doc By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. C Ugi FilesUeevia Comb oO mentConva eaq\91 27 .doc 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C Ugi FilesUeevia Comb oO mentConva eaq\91 27 .doc Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Contractor: Craftsmen Plumbing, Heating and Cooling, Inc. Contact Person: Danny McKee 27636 Ynez Rd. Suite L -7 # 337 Temecula, CA 92591 23. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into C Ugi FilesUeevia Comb oO mentConva eaq\91 27 .doc this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FilesUeevia Comb ooment Conva eaq\91 27 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: Craftsmen Plumbing Heating and Cooling, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Denny McKee, President Laura McKee, Secretary By: Peter M. Thorson, City Attorney CONTRACTOR Craftsmen Plumbing Heating and Cooling, Inc. Contact Person: Denny McKee 27636 Ynez Rd. Suite L — 7 # 338 (951) 676 -6838 FSM Initials, Date: a 0 R:\SIRE REPORTS ET ALW.i.ten — \Annual Maintenance 2010- 2011 \Craftsmen Plumbing 2010 -2011 doc 9 C:AProgram Files \Neevia.ComVDowment ConverterAtempA970427.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 10 C Ugi FilesUeevia Comb ooment Conva eaq\91 27 .doc EXHIBIT "B" PAYMENT RATES AND SCHEDULE Mar 17 10 04:33p Craftsmen Plmg Hvac Inc 951- 676 -6855 CRAFTSMEN PLUMBING HEATING & COOLING INC 27636 Ynez Road, Ste L -7 #338 Temecula, CA 92591 (951) 676 -6838 License # 446736 RATES Description Standard Time /One Man With Truck and Tools 1 Foreman - Prevailing Wage 2 Heavy Equipment Operator - Prevailing Wage 3 Laborer - Prevailing Wage Description Equipment (Bare Rental Rates) I Backhoe 2 10 Wheel Dump Truck Date: 3/1712 10 To: City of Temecula Attn: Bruce Fax: (95 1) 302 -4169 Hourly Rates $35.00 $45.00 Markups 1 All Materials Purchased Will Include a 10% Markup Over Pu 2 Any Equipment Rented by Craftsmen for the Sole Purpose of On a City of Temecula Job Will Include a 10% Markup Over 3 All Calls Require a 1. Hour Minimum. Our Regular Business Hours are 8:00am to 5:00pm Monday through ) Our General Liability and auto insurance certificates are currently on With Your Company, Used Rate. p.2 u C:AProgram Files \Neevia.ComVDowment ConvertaAempA970427.doc AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND DEL RIO ENTERPRISE, INC. ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Del Rio Enterprise, Inc. a Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. C Ugi FilesUeevia Comb ooment Conva eaq\91 28 doc 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc 4 By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Contractor: 23. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Del Rio Enterprise, Inc. Contact Person: Mike Mullins 42181 Av. Alvarado Temecula, CA 92590 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FilesUeevia Comb ooment Conva eaq\91 28 doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Del Rio Enterprise, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Mike Mullins, Owner By: Peter M. Thorson, City Attorney CONTRACTOR Del Rio Enterprise, Inc. Contact Person: Mike Mullins 42181 Av. Alvarado Temecula, CA 92590 (951) 676 -4550 R \SIRE REPORTS ET N,WiaintenanceVsnnual Maintenance 2010- 20111DEI RIO Enterprise, 1.c2010-2011 d,, C:AProgram Files \Neevia.ComVDowment ConverterAtempA970428.doc 9 FSM Initials: Date: 9 EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 28 doc 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE 0�� flPFISE 42181 Avenida Alvarado, Temecula CA 92590 -3429 • (951) 676 -4550 • FAX (951) 676 -2136 TIME & EQUIPMENT RATES As of April 01, 2010 Title Hourly Overtime Double time Night Time Operator 67.00 100.50 134.00 159.00 Labor 55.00 82.50 110.00 135.00 Foreman 67.00 100.50 134.00 159.00 J.D. Skip loader 4X4 w/ Gannon 115.00 172.50 230.00 255.00 J.D. Skip loader w/ spreader bar 120.00 180.00 240.00 265.00 Cat 426 Backhoe 115.00 172.50 230.00 255.00 18" compactor wheel 25.00 37.50 50.00 75.00 Field Laser per day 55.00 82.50 110.00 135.00 Cat 246 Skid Steer w/ bucket 110.00 165.00 220.00 245.00 Cat 246 Skid Steer w/ breaker 110.00 165.00 220.00 245.00 Cat 246 Skid Steer w/ sweeper 110.00 165.00 220.00 245.00 980 Loader w/ teeth 145.00 217.50 290.00 315.00 Rock Bucket 15.00 22.50 30.00 55.00 Smooth edge attachment for 980 15.00 22.50 30.00 55.00 Cat 613 Scraper 135.00 202.50 270.00 295.00 Low Bed 115.00 172.50 230.00 255.00 10 Wheel dump truck 10 CY 95.00 142.50 190.00 215.00 Bobtail dump truck 6 CY 85.00 127.50 170.00 195.00 2,500 gal. Water Truck 85.00 127.50 170.00 195.00 Wacker daily 65.00 97.50 130.00 155.00 Vibraplate daily 65.00 97.50 130.00 155.00 Demo saw daily 80.00 120.00 160.00 185.00 Saw & Truck 150.00 225.00 300.00 325.00 3/5 Ton Roller 115.00 172.50 230.00 255.00 Ford LN 7,000 20' flatbed 85.00 127.50 170.00 195.00 Tool Truck 95.00 142.50 190.00 215.00 Form Truck 155.00 232.50 310.00 335.00 Dump Trailer 35.00 52.50 70.00 95.00 2050 Mustang Skid Steer 115.00 172.50 230.00 255.00 U35 Zero Tail Kubota Excavator 120.00 180.00 240.00 265.00 All time & materials are to be billed at invoice price plus 20% overhead and profit. C:AProgram Files \Neevia.ComVDowment ConverterAtempA970428.doc 11 AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND IMPERIAL PAVING COMPANY, INC. ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Imperial Paving Company, Inc. a Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc 4 By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Contractor: 23. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Imperial Paving Company, Inc. Contact Person: Chris Melodia 10715 Bloomfield Avenue Santa Fe Springs, CA 90670 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: Imperial Paving Company, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Chris Melodia, Vice President By: Peter M. Thorson, City Attorney CONTRACTOR Imperial Paving Company, Inc. Contact Person: Chris Melodia 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 (800)634 -3932 FSM Initi Is Date:C cC� R \SIRE REPORTS ET AUMaimena... \Annual Maintenance 2010- 2011Umpl,ml Paving Company, Inc 2010 -2011 doc C:AProgram Files \Neevia.ComVDowment ConverterAtempA970429.doc 9 9 EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 29 .doc 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE March 22, 2010 City of Temecula Community Services Department P.O. Box 9033 Temecula, CA 92589 -9033 Attention: Jerzy Kanigowski - Facility Services Manager Re: Time & Material Price Sheet Dear Mr. Kanigowski: Thank you for your interest in Imperial Paving Company, Inc. I am submitting our current "Time & Material Price Sheet', as Imperial Paving Company, Inc. is interested in being considered for this program. We can provide any and all additional Insurance and Wage documentation upon request. If I can be of further assistance, or if you need additional information, please contact me at my office. Respectfully submitted, 9 v Chris Melodia Vice President Imperial Paving Company, Inc. (562) 944 -0975 • (714) 523 -4492 • (800) 634 -3923 • Fax (562) 944 -0984 10715 Bloomfield Avenue, Santa Fe Springs, CA 90670 C:AProgram Files \Neevia.ComVDowment ConverterAtempA970429.doc 11 EXHIBIT "B" PAYMENT RATES AND SCHEDULE CONTINUED City of Temecula Community Services Department P.O. Box 9033 Temecula, CA 92589 -9033 Attention: Jerzy Kanigowski - Facility Services Manager Re: Time & Material Price Sheet LABOR BREAKDOWN All Labor $ 55.00 Per Hour Overtime - 11/2 Times ( After 8 Hours / Saturdays) $ 82.50 Per Hour Double Time - 2 Times ( Sunday / Holidays ) $ 110.00 Per Hour EQUIPMENT BREAKDOWN - ( DOES NOT INCLUDE LABOR) Flatbed Truck with Compressor Mount $ 325.00 Per Day Bob Tail Truck 9 - 11 Yards $ 315.00 Per Day Concrete Flatbed Truck $ 300.00 Per Day Dump Truck & Pup Trailer $ 390.00 Per Day Air Compressor $ 150.00 Per Day Water Truck $ 275.00 Per Day Flatbed Truck with 3 - 5 Tons Roller Combo (Minimum) $ 505.00 Per Day Dump Truck with Skiploader & Trailer Combo $ 505.00 Per Day 10 - 12 Ton Roller including Trailer $ 250.00 Per Day 3 - 5 Ton Roller Including Trailer $ 245.00 Per Day Berm Machine Minimum Charge $ 150.00 Per Day Bobcat with Bucket $ 500.00 Per Day Bobcat with Grinder $ 550.00 Per Day Arrow Board with Truck $ 250.00 Per Day STANDARD SET - ( COMMON REPAIR CREW) Four Man Crew Skiploader Dump Truck 3 - 5 Ton Roller Flatbed with Compressor & Tools $ 3,100.00 Per Day Less than 8 Hours - ( 4 Hour Minimum) $ 1,600.00 Per Day MATERIALS Asphalt $ 85.00 Per Ton Asphalt Plant Opening on Saturdays $ 1,500.00 + Base Rock Class 11 $ 18.00 Per Ton Tack Material $ 4.00 Per Gallon Concrete $ 650.00 Min. Load Concrete after 4 Yards $ 150.00 Per Yard NOTE: SUBJECT TO MATERIAL AVAILABILITY & OIL PRICE FLUCTUATIONS. NOTE: IMPERIAL PAVING COMPANY PROVIDES THE FOLLOWING SERVICES: EXCAVATION, GRADING, PAVING, CONCRETE, SEAL COATING AND STRIPING. C:AProgram Files \Neevia.ComVDowment ConverterAtempA970429.doc 12 AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND J. M. JUSTUS FENCE COMPANY ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and J.M. Justus Fence Company a Sole Proprietor, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Contractor: 23. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 J.M. Justus Fence Company Contact Person: John M. Justus 31501 Corte Pacheco Temecula, CA 92592 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: J.M. Justus Fence Company (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: John M. Justus, Owner By: Peter M. Thorson, City Attorney CONTRACTOR J.M. Justus Fence Company Contact Person: John M. Justus 31501 Corte Pacheco Temecula, CA 92592 951) 699 -1563 FSM Initials: Date: C aLit, L R. \SIRE REPORTS ET A W,inten— NAnnual Maintenance 2010 -2011 V.M. k1t., Fence Company 2010- 2011.doc 9 C:Trogram Files \Neevia.ComVDocument ConverterAtempA970430.doc 9 EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 30 .doc 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE J M JUSTUS FENCE COMPANY 31501 Corte Pacheco Temecula, CA 92592 951/699 -1563 Phone 951/693- 1925 Fax Email: jrrlusfnce_4NTrsn. corn Lic #847857 March 31, 2010 City of Temecula 43200 Business Park Drive Temecula, CA 92589 Attention: Jerzy Kanigowski Reference: General & Emergency Maintenance Services Thank you for the opportunity to work with the city. J M Justus Fence Company is a family business with 35 years of experience in the fence industry and specializes in public works construction. We have completed numerous projects in the City of Temecula and surrounding cities in Riverside County and can provide references upon request. The services our Company provides are chain link fence, ornamental fence, handrails, guardrails, PVC rail fence, wood fence, lodge pole fence, baseball backstops, netting, tennis court fencing, cable railing, woven wire and welded wire panels, vehicle gates, and bollards. In addition to our installation services we can also provide consulting on design build projects and engineering services. MATERIAL TIME AND MATERIAL SHEET Cost + 15% LABOR Straight Time $53.15 /Hour` 1 ys X, & Saturday $69.15 /Hour* Double Time, Sunday & Holiday $85.15 /Hour° EQUIPMENT Rentals Cost+ 10% * Labor hours include mark up and burden labor. If you desire additional information please do not hesitate to call at 951/699-1563. J M JU Ty� FFNC COMP NY ,IoM Justus Owner C:Trogram Files \Neevia.ComVDocument ConverterAtempA970430.doc 11 AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND NPG, INC. ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and NPG, Inc. a Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 4 C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Contractor: 23. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 NPG, Inc. Contact Person: 1354 Jet Way Perris, CA 92572 Jeff S. Nelson The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk /Board Secretary APPROVED AS TO FORM: By: NPG, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Jeff S. Nelson, President By: Peter M. Thorson, City Attorney CONTRACTOR NPG, Inc. Contact Person: Jeff S. Nelson 1354 Jet Way Perris, CA 92572 (951)940 -0200 FSM Initials Date: R' \SIRE REPORTS ET ALU1aimenance\ ...I Mrinl— .20103011 WPO, 1. 2010- 2011.doc M 9 C:AProgram Files \Neevia.ComVDowment ConvertaAempA970431.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 10 C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc EXHIBIT "B" PAYMENT RATES AND SCHEDULE 05/27/2010 15:21 9519409192 NPG GOLDSTAR eNOPG, «� "Ift sEewcas .ea Nelson Paving & GOB H.L.r GoldStar Asphalt Products PiiiaoDU I Paving & Grading Equipment! Labor Rental Rates GENERAL LABOR STANDARD OVERTIME DOUBLE TIME Foreman WI Truck 92.00 138.00 184.00 Raker /Laborer 63.00 94.50 126.00 PCC / Form Setter 63.00 94.50 126.00 OPERATORS 45.00 Travel Time 68.00 102.00 136.00 Paving Machine / Screed Man Roller Man 68.00 102.00 136.00 Dum p Truck 68.00 102.00 136.00 Hot Crack Fill Metter 68.00 102.00 136.00 Seal Buggy 68.00 102.00 136.00 Add 112 Hour Overtime for Paving Machine Operator Fire Up PAVING EQUIPMENT HOUR RATE AY R 05' Cedar Rapids 361 Paving Machine (Rubber Tire) 8' -16' 165.00 Cedar Rapids 552 Paving Machine (Rubber Tire) 10' -21' 165.00 NEW 05' Cedar Rapids 561 Paving Machine (Track Paver) 10' -21' 165.00 NEW 07' LeeBoy 5000LD Path Master (Track Paver) 5' -9' 160.00 NEW 06'011 Spreader Truck (2,000 Gal.) $750.00 Mobilization Inc, 2hrs. of Spreading $150.00 per hr. thereafter & $550.00 per ton for oil 200.00 Automatics 325.00 Crew Truck / Form Truck Asphalt Benn Machine 350.00 200 Gallon Tack Rig 250.00 Asphalt Roller DD24 & DD28 (3 -5 ton) 300.00 Asphalt Roller D068 (5 -8 ton) 400.00 475.00 Asphalt Roller Cat C822 (10 -12 ton) HEAVY EQUIPMENT 05' John Deere Skip Loader 4WD Operated P 05' John Deere 3 Yard Loader Operated 05' John Deere 770 Blade Operated 860A Scraper Operated 863 Bobcat w /Attachments Operated 2000 Gallon Water Truck Operated 10 Wheel Dump I End Dump - Operated Backhoe WI 16' Extender Brace Kick Broom Compressor Bare w /90 lb Hammer Traffic Control Arrow Board CRACK FILL EQUIPMENT Crafco 125 Meliar OJK 250 Metter EZ Pour 50 Pour Pot / Kettle SEAL COAT EQUIPMENT DA350 Seal Buggy ST550 Seal Tarn Trailer $72500 Tanker w112' Hyd Spreader •` 1 Hr. Clean Up Charge ST2500 Tanker HOUR RATE DAY RATE 95.00 135.00 135.00 135.00 375.00 85.00 105.00 350.00 350.00 250.00 150.00 DAY RATE WEEK RATE MONTH RATE 375.00 1,500.00 7,500.00 375.00 100.00 25.00 HOUR RATE DAY RATE 400.00 100.00 Operated 250.00 lsthr 185.00 there after Operated 150.00 PAGE 02/02 EQUIPMENT MOVES FLAT RATE Paving Machine / Loader/ Blade 600.00 In /Out Roller / Kick Broom / Backhoe 350.00 Per Hr Portal-to-Portal +permits Out '•Any Moves Outside A 40 Mile Radius From Our Location WIII Be Billed A Hourly Rate of $120.00 Per "T &M Rentals WIII Be Charged A $75.00 Fuel Surcharge Per Rental Day For Each Piece Of Equipment Ordered. �y 4 Hour Minimum Charge on all Equipnenl and Labor' All equipment subject to move charge' 2 Hr Show Up Time Time worked over a h,s Is charged At OT rated. DT rates after 12 his of walk Sarvrday work unit ha merged al OT rates.. the firal 12 hours, DT error.... Sunday work charged al DT ,y Prevailing wagelceraflad payrell'20% mad<up on all labor l operator tales J All labor and operated equipment rare, to be charged podal."Pon" Equipment Rental Agreement torn must be signed at end of each walk day by acting superinlendenl All Invoices to be paid upon completion or as agreed up,, - All Rates Sablecl to Change without Notice Post Office Box 1515 � Perris, CA 92571 Phone: (951) 940 -0200 Fax: (951) 940 -9192 11 C:AProgram Files \Neevia.ComVDocument ConverterAtempA970431.doc AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND WITCHER ELECTRIC ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Witcher Electric a Sole Proprietor (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. H Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc 4 f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc 5 Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc 22. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula. CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Contractor: 23. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula. CA 92590 Witcher Electric Contact Person: Terry Witcher 40405 Avenida Trebolo Temecula, CA 92592 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk /Board Secretary APPROVED AS TO FORM: By: Witcher Electric (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Terry Witcher, Owner By: Peter M. Thorson, City Attorney CONTRACTOR Witcher Electric Contact Person: Terry Witcher 40405 Avenida Trebolo, Temecula, CA 92592 951) 303 -0855 FSM Init! . Date: R \SIRE REPORTS ET ALW.inieo —n Annual Maintenance 2010 - 2011 \Witcher Electric 2010 -2011 do, 9 C:AProgram Files \Neevia.ComVDowment ConverterAtempA970432.doc 9 EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 32doc 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE WITCHER ELECTRIC Terry Witcher, Residential - Commercial LIC.853628 40405 Avenida Trebolo Temecula, Calif 92592 TO; CITY OF TEMECULA CITY COMMUNITY SEPVICES OEPARTMENT 43200 BUSINESS PAPK bRIVE TEMECULA, CALIF. ATTENTION; JEPZY OUR HOURLY RATE 15; $70.00 PER HOUR TIME AN[) -,' IS; 105.00 PER HOUR INSURANCE COMPANY; ACORb GENERAL LIABILITY #MCT07912822565 SERVICE TRUCK LIABILITY # BA7812822585 TERRY CELL # 951 -203-8750 CELL 15 BEST WAY TO PEACH TERRY IMMEbIATELY WITCHER ELECTRIC C:\Progrm Files\Neevia.Com\Dowment ConvertaAemp\970432.doc 11 AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND STRONG'S PAINTING ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Strong's Painting a Sole Proprietor, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 33 .doc 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 33 .doc 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply C Ugi FllesUeevle. Comb oO men[Conva eaq\91 33 .doc separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 33 .doc 4 By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 33 .doc 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 33 .doc Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Contractor: 23. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Strong's Painting Contact Person: Gary Strong 31265 Saddleback Lane Menifee, CA 92584 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into C Ugi FllesUeevle. Comb oO men[Conva eaq\91 33 .doc this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 33 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Strong's Painting (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) By: Gary Strong, Owner By: CONTRACTOR Strong's Paintin Contact Person: Gary Strong 31265 Saddleback Lane Menifee, CA 92584 (951) 679 -4554 FSM Initials. Date: (?k, o ' 0 R \SIRE REPORTS ET ALNlainlenanceWnnual Maintenance 2010 - 2011 \Snong's Painting, Inc 2010- 2011.doc C:AProgram Files \Neevia.ComVDowment ConverterAtempA970433.doc 9 9 EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 33 .doc 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE Feb 19 10 05:22p Gary Strong 951 - 679 -4554 p.1 31265 Saddleback Lane Phone:(951) 679 -4554 Menifee, Ca. 92584 Fax (951) 679 -4554 February 19,201.0 City of Temecula P.O. Box 9033 Temecula, Ca. 92589 -9033 Attn: Community Services Department Jerzy Kanigowski Re: Time and Material Sheet Strong's Painting has been in business for over 30 years and is family owned and operated. We specialize in interior/exterior painting, small drywall repair, texturing, stucco repair, powerwashing, wallpaper removal and hanging and light maintenance work. Strong's Painting is a partnership with no employees, therefore is not required to carry workmans comp. We currently carry a $1,000.000.00 per occurrence policy naming the City of Temecula as an additional insured and will send upon request. We are also members of the Better Business Bureau and hold a state contractors license. Hourly rate: $40.00 per hour Holiday and weekend rate: `b55.00 per hour Mark up on parts, materials and equipment is not more than 12% Thank you, Gary Strong Strong's Painting C:AProgram Files \Neevia.ComVDowment ConverterAtempA970433.doc 11 AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND POWER DISTRIBUTORS, INC. ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Power Distributors, Inc. a Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. H Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Contractor: 23. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Power Distributors, Inc. Contact Person: Barry LeFave 15245 E Proctor Ave. City of Industry, CA 91745 (626) 855 -2580 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Power Distributors, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) By: Barry A. LeFave, Vice President By: Peter M. Thorson, City Attorney CONTRACTOR Power Distributors, Inc. Contact Person: Barry A. LeFave 15245 E Proctor Ave City of Industry, CA 91745 (626)855 -2580 FSM Initials: Date: ,r. R\SIREREPORTS ETALUhinlc -- \Annual Maimcna -2010- 2011To, rDialribi-,,, Inc2010 -2011 d,, 9 C:Trogram Files \Neevia.ComVDocument ConverterAtempA970434.doc 9 EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 34.doc 10 EXHIBIT "B" I :IivdLVil:1LINr: lAMvlLIBMM001:1 Bill 4:4 C Ugi FllesUeevle. Comb oO mev[Covva eaq\91 34 .doc April 22, 2010 LABOR RATES Interior Lighting /Service Tech. $45.00 /Hour Ladder Truck up to 50' $60.00 /Hour Crane up to 65' $80.00 /Hour Crane up to 90' * $90.00 /Hour Electrician $60.00 /Hour Fuel Charge $10.00 /Trip • * Any lighting above the 90 -foot level including reach, price will be negotiated at that time. • All holiday, weekend, and overtime is hourly times 1.5. • All travel is charged as hourly, including overtime. M1500 Z $110.82/lamp Any additional material will be charge at cost plus 20 %. R: \IntroLettersSent \City of Temecula Labor rates 2010.doc C:AProgram Files \Neevia.ComVDocument ConverterAtempA970434.doc 12 AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND MUSCO SPORTS LIGHTING, LLC. ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Musco Sports Lighting, LLC. a Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. H Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Contractor: Musco Sports Lighting, LLC. Contact Person: Troy Shilling 100 1" Ave West Oskaloosa, IA 52577 23. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Musco Sports Lighting, LLC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: CONTRACTOR Musco Sports Lighting, LLC. Contact Person: Troy Shilling 100 15 Ave West Oskaloosa, IA 52577 (800)825 -6020 FSM Initials: Date: R \SIRE I POIt'I'S LI Maintenance 2010- 2011N.— Spons Lighting LLC, Inc 2010- 201IA, 9 C:Trogram Files \Neevia.ComVDocument Conver1erAtempA970435.doc 9 1 WA: ii-- 1kIVvl Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 35.doc 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE Jerzy Kanigowski From: Troy Shilling [troy.shilling @musco.com] Sent: Thursday, May 20, 2010 8:00 AM To: Jerzy Kanigowski Subject: Relamp per lamp price Jerzy, Based on relamp pricing this year with tax included. Your cost would be $125.00 per fixture to relamp. But we do have a $2,400 minimum. This includes lamps, labor, lift and old lamp disposal. Thanks Troy 5/20 C:Trogram Files \Neevia.ComVDocument ConverterAtempA970435.doc AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TIGER EQUIPMENT GRADING & EXCAVATION ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Tiger Equipment Grading & Excavation a Sole Proprietor (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may 4 C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Contractor: 23. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 Tiger Equipment Grading & Excavation Contact Person: Mark Lacy 35701 Avenida LaCresta Murrieta, CA 92562 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk /Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney Tiger Equipment Grading & Excavation (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Mark Lacy, President By: CONTRACTOR Tiger Equipment Grading & Excavation Contact Person: Mark Lacy 35701 Avenida LaCresta Murrieta, CA 92562 (951) 600 -0598 FSM Initials: Date: C 0 R \SI RE REPORTS ET AL\ Mole, —MA- -1 Grading &Excavation 2010 -2011. doc 9 C:AProgram Files \Neevia.ComVDowment ConverterAtempA970436.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 10 C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc EXHIBIT "B" PAYMENT RATES AND SCHEDULE Apr 23 2010 6:45AM HP LASERJET FAX p.3 Original UPERINTENDENT $70-00 PER HOUR 110 FOREMAN $60.00 PER HOUR 120 PIPELAYER Tiger Equipment Compan ates 130 PIPELAYER HELPER $41-00 PER HOUR 140 OPERATOR $5o.00 Equipment Descripti( n Rental Rate NOTE 16o FL AGGER $41-00 PER HOUR 170 PIC-UP TRUCKS $41-00 PER HOUR PER HOUR 1 FOREMAN l'ICK-UP WfrOOLS $15.00 2 ICREW TRU,K $12.00 3 ITENWHEE ER $62.00 4 END DUMP $67.00 5 WATER TR)CK $55.00 6 DELIVERIE I s35'00 EXCAVATORSIBACKHOES PER HOUR 10 CAT 330E CAVATOR $200,00 11 CAT 320E CAVATOR $170.00 12 CAT 416BiCKHOE $107.00 13 436 W CKHOE $119,00 14 -CAT IT 28 LOAD -R $140.OD 15 950 U DER $153,00 —CAT 16 ISKIPLOAD R $90.00 17 D-K_ $215.00 add 20% for ROCK 16 D-8R $200.00 add 20% for ROCK MISC. EQUIPMENT PER DAY 20 SRAEKLEF ATTACHMENT $100.00 21 AIR COMP tESSOR $85.00 22 :AIR COMP ZESSOR W1 HAMMER $89.00 23 IWELDER 1 $89.00 24 GENERATfR $9000 100 UPERINTENDENT $70-00 PER HOUR 110 FOREMAN $60.00 PER HOUR 120 PIPELAYER $50-00 PER HOUR 130 PIPELAYER HELPER $41-00 PER HOUR 140 OPERATOR $5o.00 PER HOUR 150 LABORER $41-00 PER HOUR 16o FL AGGER $41-00 PER HOUR 170 TRUCK DRIVER $41-00 PER HOUR MARKUP FORIADDITIONAL WO ADDITIONAL BUSINESS OOSTS: C:\Progrm Files\Neevia.Com\Dowment Conver1u\temp\970436.doc TO INCLUDE ADMINISTRATIVE, PROFIT AND AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND T.D. GROGAN CONSTRUCTION, INC. ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and T.D. Grogan Construction, Inc. a Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc 2 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc 4 By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. WRITTEN NOTICE Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Contractor: T.D. Grogan Construction, Inc. Contact Person: Jack Striegel 9375 Archibald Ave. # 704 Rancho Cucamonga, CA 91730 23. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk /Board Secretary APPROVED AS TO FORM: T.D. Grogan Construction, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jack Striegel, Vice President By: Peter M. Thorson, City Attorney CONTRACTOR T.D. Grogan Construction, Inc. Contact Person: Jack Striegel 9375 Archibald Ave. Rancho Cucamonga, CA 91730 476 -9100 FSM Initials- Date: R:iSIRE REPORTS ET A I.,MaInlflmnCf Allllllal Maimcna -2010 -201 IIT.U, Grogan Inc 2010 -2011 Bloc L C:AProgram Files \Neevia.ComVDowment ConverterAtempA970437.doc 9 EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. C Ugi FllesUeevle. Coml oO men[Conva eaq\91 37doc 10 EXHIBIT "B" PAYMENT RATES AND SCHEDULE I In i �; T.D. GROGAN CONSTRUCTION 9375 Archibald Ave. #704 Rancho Cucamonga, CA 91730 California License Number 809823 Phone 909 - 476 -9100 Fax 909 -476 -9103 Jerzy Kanigowski, Facility Services Manager City of Temecula Date: April 23, 2010 T.D, Grogan Construction is an expert playground, shade structure, picnic pavilion, pour in place rubber surfacing, and site furnishing installation company. We have been in business for nine years and we bring fifteen years of installation experience to the table. Along with the installation and repair of playground equipment and rubber surfacing, we also install concrete curbing, small amounts of concrete flatwork, and all types of containment for loose fill fall protection material, without having to sub - contract. We are a total turrlkey operation able to take tale of all your playground needs from star( to finish. Including: excavation, disposal of spoils, containment, installation of fall protection material, and clean up. Our rates are as follows: Regular man hour- $68.75 Overtime man hour- $81.25 Mark up on parts and material- 10% Any question can be directed to; Jack Striegel V.P. 949 -702 -3304 ZB /Z9 39vd ionaiSNOO NVOOaO Qi 69t69Lb696 ZS :ZS etoZ /eZ /re C:AProgram Files \Neevia.ComVDowment ConverterAtempA970437.doc 11 AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND MOORE FENCE CO., INC. ROUTINE MAINTENANCE THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Moore Fence Co., Inc. a Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2015. 2. SCOPE OF WORK Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A. 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. H Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to 4 C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc 22. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula. CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula. CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Contractor: 23. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula. CA 92590 Moore Fence Co., Inc. Contact Person: Scott Moore P.O. BOX 1297 Perris, CA 92570 The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk /Board Secretary APPROVED AS TO FORM: Moore Fence Co., Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Scott Moore, Branch Manager By: Peter M. Thorson, City Attorney CONTRACTOR Moore Fence P.O. Date: R \SIRE REPORTS ET A W.inlenance \Annual Meime — 2010- 2011\h —Fence Co., Inc 2010 -2011 do 0 9 C:AProgram Files \Neevia.ComVDowment ConverterAtempA970438.doc EXHIBIT "A" Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a contractual relationship between the Temecula Community Services District and the Contractor for the future repair, improvement, maintenance services upon real and personal property of the Temecula Community Services District. Work will include emergency repairs, emergency maintenance and maintenance work. The procedure for assigning work is set forth as follows: 1. Director of Temecula Community Services District ( "Director ") or his designee shall submit to Contractor a written "Request for Work ". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work. 2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise Director whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement. 3. In the event emergency work is required, the Director may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken. 4. Upon acceptance of the Contractor's response by the Director, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement. 10 C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc EXHIBIT "B" PAYMENT RATES AND SCHEDULE EXHIBIT "B" PAYMENT RATES AND SCHEDULE MOORE FENCE CO., INC. P.O. BOX 1297 PERRIS, CALIFORNIA 92570 1- 888 - 718 -9777 FAX(951)940 -0429 March 3, 2009 City of Temecula Community Services Department 43200 Business Park Drive Temecula, CA 92590 Labor $ 80.00 per hour per man at prevailing wage rate After hours or weekends $ 121.00 per hour per man Holiday hours $ 160.52 per hour per man Materials 15% end mark up on material over our vendor's wholesale price, plus tax. (NOTE: We buy in bulk on most items therefore our prices on material should be very good.) Equipment No charge teen standard crew equipment. (Ex. Truck, hand tools, power digger, welder.) 10% end mark up on specialty equipment. (Ex. Bobcat, scaffold, wencher, core drill.) We can providejust about any type of fencing that you need excluding masonry block wall. We do all grades and types of vinyl, ornamental iron, wood, chain link, wire, windscreen, cal- trans, custom fence work and temporary fencing. We install and repair gate operator and entry systems. Emergency repair work is no problem. If you have any questions please call Scott Moore Branch Managcr Cell: 951 -712 -2721 Office: 951 -657 -3005 11 C:AProgram Files \Neevia.ComVDocument ConverterAtempA970438.doc Item No. 24 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 22, 2010 SUBJECT: Agreement with Excel Landscape, Inc. for Landscape Maintenance Services for Fiscal Year 2010 - 2011 PREPARED BY: Jerzy Kanigowski, Facility Services Manager and Kevin Harrington, Maintenance Superintendent RECOMMENDATION: That the Board of Directors: 1. Approve a contract with Excel Landscape, Inc. for Landscape Maintenance Services in the amount of $2,121,224.00 for Fiscal Year 2010 — 2011. 2. Authorize General Manager to approve additional work not to exceed the contingency amount of $212,122.00 which is equal to 10% of the Agreement. BACKGROUND: On March 22, 2010 the Temecula Community Services Department (TCSD) released a Request for Proposal (RFP) for Landscape Maintenance Services. The TCSD received fifteen (15) proposals. Eight (8) of the fifteen (15) proposals provided pricing information for all six of our service areas which included Neighborhood Parks, Median Islands, Sports Parks /School Sites, Community Facilities, Slope Areas (North) and Slope Areas (South) and seven (7) of the fifteen (15) proposals provided pricing information for only specific service areas. The pricing ranged from $137,256.00 for a specific service area to $2,868,076.00 for all service areas. A review panel was formed to provide a fair and thorough evaluation of the 15 proposals that were submitted. The four member evaluation panel reviewed and rated each of the contractors proposal based on the following factors: general experience and qualifications; experience providing specialized maintenance services (i.e. baseball field preparation, sports turf renovation, water conservation, pest management); overall ability to fulfill the contract requirements; listing of personnel to provide landscape maintenance services as outlined in the specifications; start up activities required (i.e. provide appropriate equipment, site familiarity, staffing); overall cost of providing landscape maintenance services; and client references providing similar services. After a thorough evaluation and rating process it was determined that Excel Landscape, Inc. was the most qualified and provided the highest rated proposal. Their overall pricing was very competitive and was approximately 12% lowerthan the pricing paid forgeneral landscape maintenance services for Fiscal Year 2009 -10. In addition Excel Landscape, Inc. has provided landscape maintenance services for the city for many years. They have consistently performed well and they are always willing and able to meet the special needs of our community. As a result, staff is recommending the Landscape Maintenance Services Contract for; Neighborhood Parks, Median Islands, Sports Parks /School Sites, Community Facilities, Slope Areas (North and South) be awarded to Excel Landscape, Inc. FISCAL IMPACT: The amount to provide Landscape Maintenance Services is $2,121,224.00 plus an additional ten percent (10 %) contingency. Sufficient funds have been included in the proposed Annual Operating Budget for FY 2010 — 2011 in the appropriate expenditure accounts. ATTACHMENTS: 1) Contract R:VSIRE REPORTS ET ALUNaintenancel g end a Repoli 2010 - 201 1\Exce I Landscape, Inc 2010- 2011.doc AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE, INC. LANDSCAPE MAINTENANCE SERVICES THIS AGREEMENT is made and effective as of June 22, 2010 between the Temecula Community Services District, a community services district (hereinafter referred to as "City "), and Excel Landscape, Inc, a Corporation,(hereinafter referred to as "Contractor "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2013, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for three (3) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2016. 2. SCOPE OF WORK a. Contractor shall perform all of the work described in the Scope of Work, ( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. b. This Agreement includes and hereby incorporates by reference herein the bid documents submitted to prospective bidders of the Project including all exhibits, drawings, specifications and documents therein including attachments and addenda thereto. The documents include: 1. Instructions and Information 2. General Specifications 3. Special Specifications 4. Exhibits "A" through "E" 5. Proposal 3. PAYMENT a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit "A ", Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit "A ", other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Two Million One Hundred Twenty One Thousand Two Hundred Twenty Four Dollars and No Cent ($2,121,224.00) annually unless additional payment is approved as provided in this Agreement. b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. C. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 4. Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 5. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives. 6. WAIVER OF CLAIMS On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment. 7. PREVAILING WAGES Pursuant to the 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 Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum. E Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $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 subcontractor under him, in violation of the provisions of the Agreement. 8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 9. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the General Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 10. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 3 11. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, 0 employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. By executing this Agreement, Contractor hereby certifies: I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self - insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. 12. TIME OF THE ESSENCE Time is of the essence in this Agreement. 13. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 14. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 15. CONTRACTOR'S INDEPENDENT INVESTIGATION No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 16. CONTRACTOR'S AFFIDAVIT After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the General Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 19. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215. 20. REGIONAL NOTIFICATION CENTERS Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215. 21. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 22. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: General Manager P.O. Box 9033 Temecula. CA 92589 -9033 City of Temecula Attn: General Manager 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 To Contractor: Excel Landscape, Inc. Contact Person: Jose Alfaro 710 Rimpau Ave. Suite108 Corona, CA 92879 23. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 24. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 25. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 26. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 27. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. E IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT By: Chuck Washington, TCSD President ATTEST: By: Susan W. Jones, MMC, City Clerk /Board Secretary APPROVED AS TO FORM: Excel Landscape, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Jose Alfaro, President [Enter Name], [Enter Title] By: Peter M. Thorson, City Attorney CONTRACTOR Excel Landscape, Inc Contact Person: Jose Alfaro 710 Rimpau Ave. Corona, CA 92879 (951) 735 -9650 (951) 735 -0469 Excel Lands cape.com FSM Initials Date: � ( Z( / E EXHIBIT A City of Temecula Community Services Department Pricing Sheet for Landscape Maintenance Services NEIGHBORHOOD PARKS SERVICE AREA Site # Site Name Monthly Price Annual Price P -1 Veterans Park $1,693.55 $20,322.64 P -2 Sam Hicks Monment Park $1,459.38 $17,512.54 P -3 Calle Aragon Park $281.01 $3,372.12 P -4 Bahia Vista Park $281.01 $3,372.12 P -5 Loma Linda Park $1,094.07 $13,128.79 P -6 Riverton Park $1,823.75 $21,885.06 P -7 John Magee Park $477.72 $5,732.60 P -9 Voorburg Park $374.68 $4,496.16 P -10 Nicolas Road Park $1,094.07 $13,128.79 P -11 Butterfield Stage Park $1,094.07 $13,128.79 P -12 Temecula Duck Pond $2,553.44 $30,641.33 P -13 Rotary Park $318.48 $3,821.74 P -14 Nakayama Park $337.21 $4,046.54 P -15 Winchester Creek Park $1,459.38 $17,512.54 P -16 Long Canyon Creek Park $1,412.54 $16,950.52 P -17 Vail Ranch Park $5,835.64 $70,027.69 P -18 Stephen Michael Jr. Me. Park $729.69 $8,756.27 P -19 Pablo Apis Park $729.69 $8,756.27 P -20 Crowne Hill Park $1,313.25 $15,759.04 P -21 Meadows Park $1,823.75 $21,885.06 P -22 Pauba Ridge Park $1,823.75 $21,885.06 P -23 Serena Hills Park $1,184.93 $14,219.11 P -24 Harveston Lake Park $3,304.68 $39,656.13 P -25 Sunset Park $598.55 $7,182.62 P -26 Paseo Gallante Park $661.31 $7,935.72 P -27 Temecula Creek Trail Park $1,681.38 $20,176.52 P -28 Redhawk Community Park $5,360.73 $64,328.81 P -29 Wolf Creek Trail Park $2,607.77 $31,293.27 P -30 Wolf Creek Park $2,20112 $26,437.42 SS -01 Via Eduardo Streetscape $224.81 $2,697.70 SS -02 La Serena Way Streetscape $210.76 $2,529.09 FC -01 Nada Lane $182.66 $2,191.88 T -01 Santa Gertrudis Trail $384.05 $4,608.56 T -02 Temecula Creek Village Trail $187.34 $2,248.08 T -03 Murrieta Creek Trail $1,022.88 $12,274.52 $47,825.09 $573,901.10 Pricing includes Proposal Option 1 (5% Savings for the award of 5 or more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a Certificate of Deposit in the amount of 10% of the annual contract amount in place of the Payment Bond (Material and Labor) and the Faithful Performance Bond) Authorized 10 EXHIBIT A City of Temecula Community Services Department Pricing Sheet for Landscape Maintenance Services MEDIANS SERVICE AREA Site # Site Name Monthly Price Annual Price M -01 Rancho Cal. Rd. Medians $936.70 $11,240.40 M -02 Ynez Rd. Medians $936.70 $11,240.40 M -03 Butterfield Stage Rd. Medians $585.44 $7,025.25 M -04 Margarita Rd. Medians (North) $662.25 $7,946.96 M -05 Margarita Rd. Medians (South) $141.44 $1,697.30 M -06 Winchester Rd. at Jefferson $141.44 $1,697.30 M -07 Pechanga Parkway Medians $1,405.05 $16,860.60 M -08 Meadows Parkway (North) $663.18 $7,958.20 M -09 Paseo Del Sol Medians $663.18 $7,958.20 M -10 Harveston Medians (Date /Marga) $2,256.51 $27,078.12 M -11 Jefferson Ave. Medians $140.51 $1,686.06 M -13 Redhawk Medians $936.70 $11,240.40 M -14 Temecula Parkway Medians $1,798.46 $21,581.57 M -15 Wolf Valley Rd. Medians $46.84 $562.02 M -16 Diaz Rd. Medians /Parkway $515.19 $6,182.22 M -17 Meadows Parkway (South) $154.56 $1,854.67 FW -01 1- 15 ON /OFF Ramps $2,285.55 $27,426.58 $14,269.69 $171,236.25 Pricing includes Proposal Option 1 (5% Savings for the award of 5 or more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a Certificate of Deposit in the amount of 10% of the annual contract amount in place of the Payment Bond (Material and Labor) and the Faithful Performance Bond) Authorized Signature 11 EXHIBIT A City of Temecula Community Services Department Pricing Sheet for Landscape Maintenance Services SPORTS PARKS /SCHOOL SITES SERVICE AREA Site # Site Name Monthly Price Annual Price SP -01 Ronald Reagan Sports Park $9,534.90 $114,418.84 SP -02 Paloma Del Sol Park $4,153.89 $49,846.68 SP -03 Pala Community Park $2,585.95 $31,031.37 SP -04 Kent Hintergardt Park $3,934.09 $47,209.12 SP -05 Margarita Community Park $3,732.98 $44,795.80 SP -06 Temeku Hills Park $4,162.79 $49,953.46 SP -07 Harveston Community Park $7,288.88 $87,466.61 SP -08 Patricia H. Birdsall Sports Park $11,568.25 $138,818.94 SC -01 Temecula Middle School $405.78 $4,869.34 SC -03 James L. Day Middle School $484.09 $5,809.04 SC -04 TVHS Tennis Court $533.92 $6,407.03 SC -06 Vail Ranch Middle School $806.22 $9,674.61 SC -07 Paloma Elementary School $806.22 $9,674.61 SC -08 Pauba Valley Elementary School $404.00 $4,847.98 SC -09 Great Oak High School Tennis Courts $533.92 $6,407.03 $50,935.87 $611,230.47 Pricing includes Proposal Option 1 (5% Savings for the award of 5 or more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a Certificate of Deposit in the amount of 10% of the annual contract amount in place of the Payment Bond (Material and Labor) and the Faithful Performance Bond) Authorized 12 EXHIBIT A City of Temecula Community Services Department Pricing Sheet for Landscape Maintenance Services COMMUNITY FACILITIES SERVICE AREA Site # Site Name Monthly Price Annual Price F -01 Community Recreation Center $1,634.54 $19,614.50 F -02 Mary Phillips Senior Center $548.91 $6,586.87 F -03 City Hall $1,124.04 $13,488.48 F -04 Temecula Community Center $351.26 $4,215.15 F -05 Fire Station # 84 $538.60 $6,463.23 F -06 Old Town Temecula $2,023.27 $24,279.26 F -10 Temecula Children's Museum $288.50 $3,462.04 F -12 Temecula Community Theater $74.94 $899.23 F -13 Temecula Public Library $1,041.61 $12,499.32 F -15 Wolf Creek Fire Station # 92 $383.11 $4,597.32 "F -17 Civic Center /Town Square $772.78 $9,273.33 F -20 Overland Training Center $176.10 $2,113.20 F -22 Fire Station # 73 $185.47 $2,225.60 $9,143.13 $109,717.54 Pricing includes Proposal Option 1 (5% Savings for the award of 5 or more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a Certificate of Deposit in the amount of 10% of the annual contract amount in place of the Payment Bond (Material and Labor) and the Faithful Performance Bond) Authorized Signature 13 EXHIBIT A City of Temecula Community Services Department Pricing Sheet for Landscape Maintenance Services SLOPE SERVICE AREA (NORTH) Site # Site Name Monthly Price Annual Price S -01 Saddlewood /Pavillion Point $1,267.00 $15,204.00 S -02 Winchester Creek 1 and 2 $1,376.95 $16,523.39 5 -04 The Vineyards $193.00 $2,316.00 S -05 Signet Series $1,237.33 $14,847.96 5 -06 Woodcrest Country $721.26 $8,655.11 S -07 Ridgeview $540.00 $6,480.00 S -09 Rancho Solana $51.52 $618.22 S -10 Martinuque $257.59 $3,091.11 S -11 Meadowview Estates $37.00 $444.00 S -14 Mirada /Morrison Homes $421.00 $5,052.00 S -15 Barclay Estates $470.00 $5,640.00 S -17 Monte Vista $51.00 $612.00 S -18 Temeku Hills $3,602.00 $43,224.00 S -19 Chantemar /Campos Verdes $1,864.97 $22,379.64 S -22 Sutton Place $162.00 $1,944.00 S -24 Harveston $5,533.09 $66,397.04 S -25 Serena Hills $1,669.20 $20,030.39 S -27 Avondale $295.06 $3,540.73 $19,749.97 $236,999.59 Pricing includes Proposal Option 1 (5% Savings for the award of 5 or more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a Certificate of Deposit in the amount of 10% of the annual contract amount in place of the Payment Bond (Material and Labor) and the Faithful Performance Bond) " Pricing includes reduced services in desiganted areas based on available funding Authorized Signature 14 EXHIBIT A City of Temecula Community Services Department Pricing Sheet for Landscape Maintenance Services SLOPE SERVICE AREA (SOUTH) Site # Site Name Monthly Price Annual Price S -03 Rancho Highlands $1,395.31 $16,743.72 S -08 Village Grove $5,133.63 $61,603.56 5 -12 Vintage Hills $3,126.10 $37,513.20 S -13 Presley(Veranda, Country Glen, Bridlev� $1,076.74 $12,920.88 S -16 Tradewinds $812.45 $9,749.40 S -20 Crowne Hill $5,576.78 $66,921.36 S -21 Vail Ranch $9,532.23 $114,386.76 S -23 Pheasant Run $250.05 $3,000.60 5 -26 Gallery Homes Tradition $52.50 $630.00 S -28 Wolf Creek $7,791.66 $93,499.92 S -29 Gallery Homes Portraits $97.42 $1,169.04 $34,844.87 $418,138.44 Pricing includes Proposal Option 1 (5% Savings for the award of 5 or more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a Certificate of Deposit in the amount of 10% of the annual contract amount in place of the Payment Bond (Material and Labor) and the Faithful Performance Bond) Authorized Signature 15 EXHIBIT A Pricing Sheet for Landscape Maintenance Services New Landscape Maintenance Service Areas Maintenance Service Area Sports Park Service Area (includes ballfield prep.) Neighborhood Park Service Area Slope Service Area Median Service Area Community Facility Service Area Trail Service Area Ballfield Preparation (Single field /Mon. -Fri. Includes trash removal). Ballfield Preparation (Single field /Sat and Sun. Includes trash removal). Price per Square Foot Monthly Annually .0125 .0150 sq. ft. .0100 .0120 sq. ft. .0200 .2400 sq. ft. .0200 .2400 sq. ft. .0200 .2400 sq. ft. .0070 .0840 sq. ft. $975.00 $11,700.00 perfld. '$930.00 $11,160.00 perfld. Up to three (3) fields for same amount. Authorized Signature ire EXHIBIT A Landscape Maintenance Extra Work Price Sheet I. Turf Maintenance (All turf areas) Unit Cost each 1. Mowing (Including bagging of clippings) $ .002 sq. ft. 2. Edging .05 linear ft. 3. String Trimming .10 linear ft. 4. Aerification (Core /3 ") .002 sq. ft. 5. Aerification (Deep Tine /6 ") N/A sq. ft. 6. Weed Removal (Manual) 20.00 per man hr. 7. Pest Control (Manual) 35.00 per man hr. 8. Fertilization (Placement only) .001 sq. ft. 9. Materials (Fertilizer, Soil Amends) 20% mark -up II. General Landscape Maintenance (Planters and Slope areas) 1. Edging (Ground Cover) $ .15 linear ft. 2. Trimming (Shrubs, Ground Cover) .02 sq. ft. 3. Pruning /Shrubs, Vines, Roses .04 sq. ft. 4. Pruning /Trees (To 18') 40.00 each 5. Weed Removal (Manual) 25.00 per man hr. 6. Pest Control (Manual) 45.00 per man hr. 7. Fertilization (Placement only) .003 sq. ft. 8. Vegetation Removal .02 sq. ft. 9. Materials (Fertilizer, Soil Amends) 20% mark -up III. Plant Material (Installed, all areas) 1. Annual Color (4" Container) $ 1.50 each 2. Ground Cover 20.00 flat 3. One (1) Gallon 8.00 each 4. Five (5) Gallon 20.00 each 5. Fifteen (15) Gallon 85.00 each 6. 24" Box Tree 225.00 each 7. Seeded Turf .15 sq. ft. 8. Sodded Turf 1.25 sq. ft. 9. Hydroseed .10 sq. ft. 10. Soil Preparation (Existing area) .20 sq. ft. 11. Soil Preparation (New area) .15 sq. ft. 12. Wood Mulch 40.00 cu. yd. IV. Irrigation System Maintenance 1. Inspection $ 45.00 per hr. 2. Repair (Main line, Lateral line, Sprinklers) 45.00 per hr. 3. Parts 20% mark -up V. General Pest Control 1. Written Recommendation by PCA $ 200.00 each 2. Qualified Applicator (QAC) 65.00 per hr. 3. Trained Applicator 35.00 per hr. 4. Material 20% mark -up 17 EXHIBIT A Service Level C / Slope Area Maintenance Levels / FY 2010 -11 Service Level I No Change to Scope of Services Weekly Service Cycle (Visit Site Weekly / minimum 4 visits per month) Service Level II Monthly Service Cycle (Visit Site Bi- Weekly / minimum 2 visits per month) Weekly turf mowing April -Sept / Bi- weekly Oct -March No view clearance trimming (shrubs and trees) Minimal shrub trimming Special circumstance tree trimming only Minimize slope fertilization (1 time per year) Minimize turf fertilization (2 times per year /spring and fall) I Sites S -02 Winchester Creek S -03 Rancho Highlands S -06 Woodcrest Country S -08 Village Grove S -09 Rancho Solana S -10 Martinique S -12 Vintage Hills S -13 Presley /Veranda, CG, Bridle S -16 Tradewinds S -19 Chantemar /Campos Verdes S -20 Crowne Hill S -21 Vail Ranch S -23 Pheasant Run S -24 Harveston S -25 Serena Hills S -26 Gallery Homes Traditions S -27 Avondale S -28 Wolf Creek S -29 Gallery Portraits II Sites S -01 Saddlewood /Pavillion Point S -04 Vineyards S -05 Signet Series S -07 Ridgeview S -11 Meadowview Estates S -14 Mirada/Morrison Homes S -15 Barclay Estates S -17 Monte Vista S -18 Temeku Hills S -22 Sutton Place sir TCSD DEPARTMENTAL REPORT Item No. 25 Approvals City Attorney Director of Finance City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager /Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: June 22, 2010 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Redhawk Park Improvement project Phase 1 bid opening was held and a contract was awarded at the October 27, 2009. Phase 1 construction has begun and will include construction of a restroom, parking lot improvements, and a basketball court at Redhawk Community Park, as well as a permanent dog park. The Escallier House and Barn have been relocated as part of the Temecula Community Center (TCC) expansion project. A bid opening was held on March 4, 2010. The project calls for refurbishment of the Escallier House and Barn which will be the future home of the Temecula Community Pantry. A construction contract was awarded in March of 2010. Construction has begun on this project. A conceptual design for the Old Town Gymnasium project was completed and approved by the Community Services Commission and City Council. The new gymnasium project will include the construction of a regulation size basketball court, restroom facilities, seating for spectators and an office. During the month of June, the Community Services Department coordinated and hosted the Annual Community Services Expo on June 5, 2010. This annual event is held at Temeku Hills Park and offers residents an opportunity to meet the various recreation program instructors, learn about Community Services programs and activities and special events, and early registration for recreation programs. On June 17th the Community Services Department kicked off the annual Summer Sunsets Film and Concert Series. The concert series will offer residents ten (10) weeks of quality, musical entertainment in the Temecula Amphitheater on Thursday evenings during the summer. The movies in the park series will offer residents eight (8) movie night at various park sites throughout the City. The Community Services Department is busily planning the Annual 4`h of July parade and fireworks extravaganza. The event will be held on July 4`h with the parade beginning at 1:OOpm in Old Town followed by festivities at Ronald Reagan Sports Park. The event will culminate with a fireworks show at 9:OOpm. The Cultural Arts Division coordinated and implemented the opening of a new art exhibit at the Merc. The show highlights Plein Air art by artist Shawn McKelvey. The art opening was held on Friday, June 4, 2010. Approximately 50 were in attendance. Within the Cultural Arts Division, staff completed the addition of a new exhibit for Pennypickle's Temecula Children's Museum. The new exhibit will provide a new environment and interactive for young people to explore. The Temecula Public Library continues to have the highest circulation of book materials in the Riverside County system. In February 2010 Temecula Public Library had 44% of the total circulation of the 13 libraries in the mid -south zone for Riverside County. The combined circulation for the Temecula Public Library and the Grace Mellman Library had 54% of the total for the zone. The Grace Mellman Library is now host to an Espresso Book machine, the only one of its kind in a public library in the United States. This amazing piece of equipment was purchased by Riverside County through a grant they received. The Espresso Book machine can print a 600 or more page book, bound with cover in approximately 6 minutes. The Espresso Book machine is quite an addition to the Riverside County area and is garnishing a great deal of attention throughout the region. The Espresso Book machine will be a great benefit to those interested in self - publishing their own works. The TCSD Maintenance Division plays an integral role in assisting with the many citywide special events held each month. In addition, the Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities. REDEVELOPMENT AGENCY Item No. 26 ACTION MINUTES of JUNE 8, 2010 City Council Chambers, 43200 Business Park Drive, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:24 PM. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar ABSENT: Roberts RDA PUBLIC COMMENTS There were no public comments. RDA CONSENT CALENDAR 20 Action Minutes - Approved Staff Recommendation (4 -0 -1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Agency Member Roberts who was absent. RECOMMENDATION: 20.1 Approve the action minutes of May 25, 2010. RDA BUSINESS 21 Review and Adoption of the Fiscal Year 2010 -2011 Annual ODeratina Budaet - Approved Staff Recommendation (4 -0 -1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Agency Member Roberts who was absent. RECOMMENDATION: 21.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. RDA 10 -06 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE FY 2010 -11 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 1 22 Review and Adoption of the Fiscal Year 2011 -15 Capital Improvement Budaet for the Redevelopment Agency (RDA) - Approved Staff Recommendation (4 -0 -1) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected approval with the exception of Agency Member Roberts who was absent. RECOMMENDATION: 22.1 That the Board of Directors adopt a resolution entitled: RESOLUTION NO. RDA 10 -07 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2011 -15 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2010 -11 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:31 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, June 22, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk /Agency Secretary [SEAL] z Michael S. Naggar, Chair Person Item No. 27 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 22, 2010 SUBJECT: Residential Improvement Program PREPARED BY: Dana Schuma, Associate Planner RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. RDA 10- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE RESIDENTIAL IMPROVEMENT PROGRAM BACKGROUND: The Residential Improvement Program was originally adopted in August 1996. The program offers Agency assistance to very-low, low, and moderate income households in the City of Temecula. The funds can be used for exterior painting, fence repair, and protecting the health and safety of home occupants as required by Building Codes. ANALYSIS: The Residential Improvement Program sets for the objectives, eligible property or business owners, maximum residential improvement loans, eligible residential improvements, ineligible residential improvements, and the authority of the Executive Director to implement the Residential Improvement Program. Staff recommends the Residential Improvement Program be revised to setforth the following terms: Program Objectives • Improve and preserve the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low moderate income both within and outside of the Project Area • To prevent blight in residential neighborhoods • To improve the structural integrity of the City's housing stock • To improve the health and safety of residents living in substandard housing Eligibility Requirements The Agency may provide Residential Improvement Loans to property owners within the City who meet the following qualifications: • Own single - family homes, townhomes and manufactured homes on a permanent foundation; • The property is owner - occupied and the sole residence of the owner; and • The owner's gross annual household income does not exceed that the Riverside County moderate income established from time to time bythe California Department of Housing and Community Development or the successor State agency providing such determinations. Maximum Residential Improvement Loan Previously, the Residential Improvement Program provided assistance of up to $7,500 to qualified homeowners for such repairs; however, staff is recommending a program increase from $7,500 to $10,000 for all qualified participants. The loan is forgiven if the owner occupies the residence for a minimum of five years. First Time Home Buyers On August 12, 2008, the Redevelopment Agency approved a revised Residential Improvement Program which increased the funds available through the Program when used in conjunction with the First Time Home Buyer Program. The Program will provide a ten -year term, $10,000 loan to borrows of moderate income as defined by the State of California that are also participating in the Agency's First Time Home Buyer Program. The loan allows for repairs and improvements not normally allowed under the first tier of the Program. First Time Home Buyers may use the loan to make interior improvements such as replacing missing or broken appliances, exterior improvements such as irrigation and pool equipment, and general improvements to repair damaged caused by neglect, vandalism or theft. The loan is forgiven if the owner occupies the residence for a minimum of 10 years. Authority of the Executive Director The Executive Director is specifically authorized to establish and approve the "Manual for the Residential Improvement Program" that will address specific procedures and standard agreements and to approve the Residential Improvement Loan Agreements. All other provisions of the Residential Improvement Program shall remain the same. FISCAL IMPACT: The 2010 -2011 Residential Improvement Program (RIP) budget is $200,000 and is included in the 2010 -2011 Redevelopment Agency Budget. ATTACHMENT: Resolution RESOLUTION NO. RDA 10- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING REVISIONS TO THE RESIDENTIAL IMPROVEMENT PROGRAM THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Redevelopment Agency finds, determines and declares that: (a) The Redevelopment Agency of the City of Temecula ( "Agency ") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law of the State of California, Health and Safety Code Sections 32000 et. seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to the action of the City Council of the City of Temecula ( "City "). (b) On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988 -1" (hereafter the "Plan ") in accordance with the provisions of the Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.). On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91 -08, 91- 11, 91 -14, and 91 -15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91 -11 and 91 -15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. These Ordinances are codified in Chapter 2.52 of the Temecula Municipal Code. (c) One of the goals of redevelopment under the Community Redevelopment Law and the Plan is to increase, improve, and preserve the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low moderate income both within and outside of the Project Area (d) The Residential Improvement Program is also intended to effectuate the objectives of the Agency, the City of Temecula (the "City "), and the state of California in complying with their obligation to decent housing and a suitable living environment pursuant to the goals and objectives identified in the City's Housing Element of the Temecula General Plan. (e) The Residential Improvement Program, as revised by this Resolution, is consistent with the Redevelopment Plan, the Implementation Plan adopted by the Agency on December 7, 2004, and updated in 2009, the City's General Plan and each element thereof, including without limitation, the City's Housing Element. (f) The Agency first adopted its Residential Improvement Program in April 1996 and has revised it from time to time. 11087 - 0001 \1236622v1 (g) The Redevelopment Agency has duly considered all terms and conditions of the proposed Residential Improvement Program update and believes that the revised Residential Improvement Program is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. Section 2. Approval of Residential Improvement Program. The Redevelopment Agency hereby approves the amended and restated Residential Improvement Program consisting of the following terms: (a) Objectives of the Residential Improvement Program. The objectives of the Residential Improvement Program are to: 1) Improve and preserve the community's supply of low and moderate income housing available at affordable housing cost to persons and families of low and moderate income both within and outside of the Project Area, 2) Prevent blight in residential neighborhoods; 3) Improve the structural integrity of the City's housing stock; and 4) Improve the health and safety of residents living in substandard housing (b) Eligible Propertv Owners. The Agency may provide Residential Improvement Loans to property owners within the City who meet the following qualifications: 1) Own single family homes, townhomes and manufactured homes on a permanent foundation; 2) The property is owner - occupied and the sole residence of the owner; and 3) The owner's gross annual household income does not exceed that the Riverside County moderate income established from time to time by the California Department of Housing and Community Development or the successor State agency providing such determinations. (c) Residential Improvement Loan Terms. The Agency may provide Residential Improvement Loans to eligible property owners subject to the Residential Improvement Program budget for the Agency's fiscal year as follows: 1) Maximum Amounts of Residential Improvement Loans: a) A Residential Improvement Loan to an eligible property owner shall be limited to a maximum amount of ten thousand dollars ($10,000.00). -2- 11087- 0001 \1236622v1 b) Senior homeowners who meet the requirements of Subsection b) are eligible for Residential Improvements Grants of up to three thousand dollars ($3,000.00) and a maximum Residential Improvement Loan of up to seven thousand dollars ($7,000.00). "Senior homeowner" shall be defined in the Manual described in Section 3 of this Resolution. C) Any Residential Improvement Loans or Grants in excess of these amounts require specific Redevelopment Agency approval pursuant to a specific agreement. 2) Basic Terms of Residential Improvement Loan. a) The loan shall bear interest at a rate of interest of five percent (5 %) or the average prime rate of interest quoted by banks located within the City of Temecula as of the date of the loan, whichever is higher. b) The loan shall become due and payable in full if the borrower transfers title, ceases to occupy the property as his or her principal residence, refinances with cash taken out, or otherwise defaults on the loan documents. C) The loan shall be forgiven by the Agency after five (5) years if the owner has continuously resided in the home and the terms have not been breached; provided, however, that for participants in the Agency's First Time Homebuyer's Program who borrow for the improvements described in Subsection (d)2), the loan shall be forgiven by the Agency after ten (10) years if the owner has continuously resided in the home and the terms have not been breached. d) Such other terms as determined by the Executive Director to be necessary or convenient for the implementation of the Residential Improvement Program as determined pursuant to Section 3 of this Resolution. (d) Eligible Residential Improvements. 1) General Improvements. The following improvements may be funded under the Residential Improvement Program: a) Correction of violations of Chapter 15.04, Construction Codes, of the Temecula Municipal Code and Chapter 15.16, Fire Code, of the Temecula Municipal Code; b) Abatement of lead -based paints; C) Exterior work to help preserve or protect structures, including without limitation, painting, stucco patching, roofing, siding, window repair or replacement, door repair or replacement, or repair or replacement of structure damaged by termites; d) Front or rear yard fencing; -3- 11087- 0001 \1236622v1 e) Repair, restoration or replacement of important parts of structure including, but not limited to, heating systems, plumbing systems, and electrical wiring; f) Modifications or improvements necessary to accommodate a resident's disability, including but not limited to, wheelchair ramps, door widening, or kitchen or bathroom modifications; g) Repair or replacement of items deemed necessary for health and safety by the Executive Director (or his or her designee), including without limitation, failing sewer laterals, failing septic tank systems, and the removal, repair and clean up of mold, beehives, or rodent infestation; and h) Such other items as determined by the Executive Director (or his or her designee) to be similar to the items listed above. 2) Additional Improvements for First Time Homebuvers Program. Participants in the Agency's First Time Homebuyer's Program shall also be eligible to fund the following items with a Residential Improvement Loan in addition to the items described in Subsection (d)(1): a) Replacement of missing or broken appliances; b) Repair broken or missing irrigation and pool equipment; and C) Repair or replace general damage caused by neglect, vandalism or theft. 3) Ineligible Improvements. The following improvements are not eligible for funding through a Residential Improvement Loan or Grant, except as provided in Subsection (d)2) or (d)1)f): a) Swimming pools or spas. b) Patios or shade covers. C) Room additions. d) Kitchen or bathroom remodels. e) Landscaping, landscaping irrigation or hardscape. f) Interior enhancements. g) Demolition or conversion of garage where residence would be left without parking required by the Temecula Municipal Code. -4- 11087- 0001 \1236622v1 (e) Residential Improvement Loans and Grants Subject to Agencv Regulations. The Residential Improvement Loans and Grants shall be subject to the regulations for the Residential Improvement Program as may be established by the Executive Director in the "Manual for the Residential Improvement Program" as authorized in Section 3 of this Resolution. Section 3. Authoritv of Executive Director to Implement Residential Improvement Program. The Executive Director of the Agency (or his designee), is hereby directed and authorized, on behalf of the Agency, to: (a) Take all actions necessary and appropriate to carry out and implement the Residential Improvement Program; (b) Administer the Agency's obligations, responsibilities and duties to be performed under the Residential Improvement Program; (c) Approve regulations for the administration and implementation of the Residential Improvement Program, including but not limited to the "Manual for the Residential Improvement Program" providing for the administrative directives and regulations necessary and convenient for the implementation of the Residential Improvement Program in accordance with the provisions of this Resolution, including but not limited to application processes, eligibility requirements, eligible improvements, determination of specific income qualifications, determination of applicable interest rate, application evaluation, contractor qualifications, and to revise and update the Manual as needed; and (d) Enter into and execute on behalf of the Agency all documents necessary and convenient for the implementation and administration of the Residential Improvement Program, including but not limited to Residential Improvement Loan agreements with eligible property owners, operating memoranda or amendments for such agreements, maintenance agreements, deeds of trust, purchase of title and other reports on the property, acceptances, or certificates of completions. Section 4. Effective Date and Applicabilitv to New Applications. This Resolution shall be effective upon its adoption and shall be applicable to all applications for funding under the Residential Improvement Program pending before the Agency or submitted after this date. -5- 11087- 0001 \1236622v1 Item No. 28 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 22, 2010 SUBJECT: Facade Improvement Program PREPARED BY: Dana Schuma, Associate Planner RECOMMENDATION: That the Board of Directors: 1. Adopt a resolution entitled: RESOLUTION NO. RDA 10- A RESOLUTION OF THE TEMECULA REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE REVISED FACADE IMPROVEMENT PROGRAM BACKGROUND: The Facade Improvement Program was originally approved in April 1995 as a rebate program to facilitate rehabilitation and enhance the western theme in the Tourist Retail Core in Old Town. In July 1999, the Facade Improvement Program was revised to eliminate the forgivable loan option and add an initial grant of up to $5,000; and a 50 percent matching rebate of eligible costs up to a program maximum of $15,000 in RDA rebate funds. The program offers Agency assistance to property and /or business owners in the City of Temecula Old Town area to enhance the visual attractiveness of buildings in Old Town and reduce non- conforming conditions. The funds can be used for exterior facade improvement, structural repair, and /or sign removal and replacement. New construction and building additions are not eligible. ANALYSIS: The Facade Improvement Program sets for the objectives, eligible property or business owners, maximum facade improvement grants, eligible facade improvements, ineligible facade improvements, and the authority of the Executive Director to implement the Facade Improvement Program. Staff recommends the Facade Improvement Program be revised to set forth the following terms Program Objectives • Encourage new and established commercial businesses to improve the appearance of their buildings • Create a more inviting and interesting Old Town streetscape • Assist property owners and /or business tenants to correct deficiencies • Bring further illumination to the Old Town area with more ambient lighting and signage Eligibility Requirements The Agency may provide Fapade improvement grants to all property owners or business owners in Old Town except for new construction, non - commercial businesses, properties owned or occupied by a public agency, or residential properties. Maximum Facade Improvement Grant Previously, the Facade Improvement Program provided an option for a traditional loan of up to $50,000 to qualifying property owners. The loan had a repayment period of up to five years. The Agency has only done one loan in the history of the program. The cost to administer loans is prohibitive; therefore, staff believes eliminating the loan option is practical to allow for more grant opportunities for businesses in the Old Town area. The elimination of the loan option will reduce the total amount of Agency assistance to anyone property owner and /or business location from $50,000 to $20,000. Authority of Executive Director The Executive Director is specifically authorized to establish and approve the "Manual for the Facade Improvement Program" that will address specific procedures and standard agreements and to approve the Facade Improvement Grant Agreements. All other provisions of the Fapade Improvement Program shall remain the same. FISCAL IMPACT: The 2010 -2011 Fapade Improvement Program budget is $80,000 ATTACHMENT: Resolution RESOLUTION NO. RDA 10- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THE REVISED FACADE IMPROVEMENT PROGRAM THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The Redevelopment Agency hereby finds determines and declares that: (a) The Redevelopment Agency of the City of Temecula ( "Agency ") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law of the State of California, Health and Safety Code Sections 32000 et. seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to the action of the City Council of the City of Temecula ( "City "). (b) On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1988 -1" (hereafter the "Plan ") in accordance with the provisions of the Community Redevelopment Act (Health and Safety Code Sections 33000 et seq.). On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91 -08, 91- 11, 91 -14, and 91 -15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91 -11 and 91 -15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991. These Ordinances are codified in Chapter 2.52 of the Temecula Municipal Code. (c) One of the goals of the Plan is to improve the appearance of the Project Area by assisting in the improvement and maintenance of facades of buildings within the Project Area. (d) The Agency first adopted its Fagade Improvement Program in April 1995 and has revised it from time to time in order to help property and /or business owners in Old Town rehabilitate commercial storefronts and buildings. (e) The Fagade Improvement Program is intended to effectuate the goals and objectives of the Community Redevelopment Law, the City's General Plan, and the Plan. (f) The Fagade Improvement Program, as revised by this Resolution, is consistent with the Redevelopment Plan, the Implementation Plan adopted by the Agency on December 7, 2004, and updated in 2009, the City's General Plan and each element thereof. (g) The Agency Board has duly considered all terms and conditions of the proposed Fagade Improvement Program update and believes that the revised Fagade 11087 - 0001 \1236459v1 Revised June 14, 2010 Improvement Program is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. Section 2. Approval of Facade Improvement Program. The Agency hereby approves the amended and restated Facade Improvement Program available to property owners or business owners located within the boundaries of the Old Town Specific Plan ( "Old Town ") consisting of the following terms: (a) Objectives of the Facade Improvement Program. The objectives of the Facade Improvement Program are to: 1) Encourage new and established commercial businesses to improve the appearance of their buildings and ultimately attract more customers and increase sales. 2) Create a more inviting and interesting Old Town streetscape making it a great place to walk, shop, dine, and experience. 3) Assist property owners and /or business tenants to correct deficiencies such as code and/or seismic violations. 4) Bring further illumination to the Old Town area with more ambient lighting and signage giving the area a more vibrate and welcoming atmosphere. (b) Eligible Propertv or Business Owners. The Agency may provide Facade improvement grants to all property owners or business owners in Old Town except for 1) New construction; 2) Non - commercial businesses' 3) Properties owned or occupied by a public agency; or 4) Residential properties (owned or rented). (c) Maximum Facade Improvement Grants. The Agency may provide improvement grants to eligible property owners or business owners located Old Town subject to the applicable Agency budget for the fiscal year as follows: 1) A facade improvement grant to any one property owner and/or business location shall be limited to a total of twenty thousand dollars ($20,000.00). 2) The Agency may provide a qualified property and /or business owners with a facade improvement grant of up to five thousand dollars ($5,000.00). 3) The Agency may provide a qualified property and /or business owner with a facade improvement grant for seismic deficiencies up to fifteen thousand dollars ($15,000.00). -2- 11087- 0001 \1236459v1 Revised June 14, 2010 4) Any facade improvement grants in excess of these amounts require specific Redevelopment Agency approval pursuant to a specific agreement. (d) Eligible Facade Improvements. The following facade improvements may be funded under the Facade Improvement Program: 1) New facade construction appropriately scaled within an existing building; signs; 2) Window replacement and window framing; 3) Painting, stucco or other exterior improvements; 4) Awnings, murals marquees, parapet walls, arcade /canopy facade; 5) Removal and replacement of old signage with new conforming 6) Tile /pavement between entry and public sidewalk; 7) Accessibility improvements for disabled; 8) Landscape features where appropriate for a facade; 9) Hardscape improvements such as fountains, firepits, garden structures, trellises, wind barriers, or patios; 10) seismic and foundation repairs and fire sprinklers and fire walls required by the City's Fire Code; 11) Design costs and permit fees for eligible improvements; or 12) Such other facade improvements as determined by the Executive Director (or his or her designee) to be similar to the listed improvements and meet the general goals of the Old Town Specific Plan. (e) Ineligible Facade Improvements. The following improvements are not eligible for funding under the Facade Improvement Program: seismic upgrades; 1) Maintenance type improvements such as roofing; 2) All interior improvements except for display lighting; 3) General structural upgrade improvements except for eligible 4) New construction; 5) Existing work or completed improvements; -3- 11087- 0001 \1236459v1 Revised June 14, 2010 6) Any improvements not specifically reviewed and approved by Executive Director (or his or her designee); 7) Equipment and trade fixtures; 8) Operation and maintenance costs, including existing debt service; and 9) Such other items as determined by the Executive Director (or his or her designee) to be similar to the listed items. (f) Facade Improvement Grants Subject to Agencv Regulations. The Facade Improvement Grants shall be subject to the regulations for the Facade Improvement Program as may be established by the Executive Director in the "Manual for the Facade Improvement Program" as authorized in Section 3 of this Resolution. Section 3. Authoritv of Executive Director to Implement Facade Improvement Program. The Executive Director of the Agency (or his designee), is hereby directed and authorized, on behalf of the Agency, to: (a) Take all actions necessary and appropriate to carry out and implement the Facade Improvement Program; (b) Administer the Agency's obligations, responsibilities and duties to be performed under the Facade Improvement Program; (c) Approve regulations for the administration and implementation of the Facade Improvement Program, including but not limited to the "Manual for the Facade Improvement Program" providing for the administrative directives and regulations necessary and convenient for the implementation of the Facade Improvement Program in accordance with the provisions of this Resolution, including but not limited to application processes, eligibility requirements, eligible improvements, application evaluation, contractor qualifications, and to revise and update the Manual as needed; and (d) Enter into and execute on behalf of the Agency all documents necessary and convenient for the implementation and administration of the Facade Improvement Program, including but not limited to facade grant agreements with eligible property and business owners, operating memoranda or amendments for such agreements, maintenance agreements, deeds of trust, purchase of title and other reports on the property, acceptances, or certificates of completions. Section 4. Effective Date and Applicabilitv to New Applications. This Resolution shall be effective upon its adoption and shall be applicable to all applications for funding under the Facade Improvement Program pending before the Agency or submitted after this date. -4- 11087- 0001 \1236459v1 Item No. 29 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Patrick Richardson, Planning and Redevelopment Director DATE: June 22, 2010 SUBJECT: Annual Contract for Keyser Marston Associates, Inc. for Real Estate Economic and Affordable Housing Consulting Services for Fiscal Year 2010 -2011 Prepared By: Luke Watson, Management Analyst RECOMMENDATION: That the Agency Members: Approve an agreement with Keyser Marston Associates, Inc. in the amount of $50,000 to provide as- needed Real Estate Economic Consulting Services for Fiscal Year 2010 -2011. 2. Approve an agreement with Keyser Marston Associates, Inc. in the amount of $75,000 to provide as- needed Affordable Housing Consulting Services for Fiscal Year 2010 -2011. BACKGROUND: The Agency is currently pursuing a comprehensive range of redevelopment projects, including commercial, institutional, affordable housing and other revitalization initiatives. Keyser Marston Associates, Inc. (KMA) has provided economic consulting services to assist the Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing projects for over ten years. The attached one -year agreement is to provide as- needed services for projects through Fiscal Year 2010 -2011. In order to assist the Agency with these activities, KMA will provide the following menu of consulting services on an as- needed basis: 1. Market Support and Valuation 2. Fiscal and Economic Impact 3. Financial Analysis 4. Identification of Financing Sources 5. Transaction of Structuring /Negotiations 6. Preparation of Reuse Analyses and Summary Reports 7. Public Hearings and Presentations KMA will provide all services, as requested, on a time -and materials basis subject to the attached standard hourly billing rate schedule. FISCAL IMPACT: Funds in the amount of $50,000 for real estate economic consulting services have been budgeted for in Account Number 280 - 199 - 999 -5250 (Other Outside Services) in the Redevelopment Agency's 2010 -2011 Redevelopment operating budget. Funds in the amount of $75,000 for affordable housing consulting services have been budgeted for in Account Number 165- 199- 999 -5250 (Other Outside Services) in the Redevelopment Agency's 2010 -2011 20% Housing Set -Aside operating budget ATTACHMENTS: Real Estate Economic Consulting Services Contract for Fiscal Year 2010 -11 Affordable Housing Consulting Services Contract for Fiscal Year 2010 -11 AGREEMENT FOR CONSULTANT SERVICES BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES KEYSER MARSTON ASSOCIATES, INC. ANNUAL AGREEMENT FOR 2010 -2011 FOR ECONOMIC CONSULTING SERVICES THIS AGREEMENT is made and effective as of July 1, 2010, between the Redevelopment Agency of the City of Temecula , a public body, corporate and politic (hereinafter referred to as "City "), and Keyser Marston Associates, Inc. (hereinafter referred to as "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed FIFTY THOUSAND DOLLARS and 00 /100 ($50,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Artist at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files, with exception of Consultant's proprietary computer models. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed One Hundred Thousand Dollars and No Cents ($100,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. 5 City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: Executive Director P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: Executive Director 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: Executive Director 41000 Main Street Temecula, CA 92590 To Consultant: Keyser Marston Associates, Inc. Attn: Paul Marra 1660 Hotel Circle North, Suite 716, San Diego, CA 92108 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CHOOSE AN ITEM By: Mike Naggar, RDA Chairperson ATTEST: By: Susan W. Jones, MMC, City Clerk/Agency Secretary APPROVED AS TO FORM: Keyser Marston Associates, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) By: By: Paul Marra, Vice President and Senior Principal By: Peter M. Thorson, Agency CONSULTANT Counsel Keyser Marston Associates, Inc. Paul Marra 1660 Hotel Circle North, Suite 716 (P) 619 - 718 -9500 (F) 619 - 718 -9508 FSM Initials: Date: 11 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: EXHIBIT B Payment Rates and Schedule 10 AGREEMENT FOR CONSULTANT SERVICES BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND KEYSER MARSTON ASSOCIATES, INC. ANNUAL AGREEMENT FOR 2010 -2011 FOR AFFORDABLE HOUSING SERVICES THIS AGREEMENT is made and effective as of July 1, 2010, between the Redevelopment Agency of the City of Temecula , a public body, corporate and politic (hereinafter referred to as "City "), and Keyser Marston Associates, Inc. (hereinafter referred to as "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed SEVENTY FIVE THOUSAND DOLLARS and 00 /100 ($75,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Artist at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities 9 related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files, with the exception of Consultant's proprietary computer models. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project /location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed One Hundred Thousand Dollars and No Cents ($100,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to 5 provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address Use this Address for a Delivery Service or Hand - Deliveries ONLY City of Temecula Attn: Executive Director P.O. Box 9033 Temecula, CA 92589 -9033 City of Temecula Attn: Executive Director 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: To Consultant: 14. ASSIGNMENT City of Temecula Attn: Executive Director 41000 Main Street Temecula, CA 92590 Keyser Marston Associates, Inc. Attn: Paul Marra 1660 Hotel Circle North, Suite 716, San Diego, CA 92108 The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CHOOSE AN ITEM By: Mike Naggar, RDA Chairperson ATTEST: By: Susan W. Jones, MMC, City Clerk/Agency Secretary APPROVED AS TO FORM: Keyser Marston Associates, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation) By: By: Paul Marra, Vice President and Senior Principal By: Peter M. Thorson, Agency CONSULTANT Counsel Keyser Marston Associates, Inc. Paul Marra 1660 Hotel Circle North, Suite 716 (P) 619 - 718 -9500 (F) 619 - 718 -9508 FSM Initials: Date: 11 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: EXHIBIT B Payment Rates and Schedule 10 Item No. 30 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Aaron Adams, Assistant City Manager DATE: June 22, 2010 SUBJECT: Agreement between Melody's Ad Works and the Redevelopment Agency for FY 2010 -11 RECOMMENDATION: That the Agency Members: 1) Approve an agreement with Melody's Ad Works in the amount of $39,700 for promoting and marketing Special Events in Old Town for FY 2010 -11. 2) Approve an additional $5,000 as a material reimbursement to be utilized for consultant to procure items at a discounted rate for special events in Old Town, in addition to $290 for reimbursable expenses incurred in FY 2009 -10. BACKGROUND: Melody Brunsting, a Temecula public relations and special events coordinator, has been assisting the Agency in promoting and marketing special events in Old Town Temecula since 1999. Since that time, the Agency has expanded our special events to include the Bluegrass Festival, Western Days, Street Painting and Plein Air Festival, Hot Summer Nights, Quilt Festival, Old Town Christmas and New Year's Eve. These special events attract visitors to Old Town in hosting a variety of activities of interest for the local community and tourists of all ages. Through these efforts, merchants and restaurants have benefited by increased business and continued support of Old Town's economic viability. FISCAL IMPACT: The $44,990 will be funded through the Redevelopment Agency FY 2010 -11 Operating Budget in the Implementation Line Item. ATTACHMENTS: Attachments AGREEMENT FOR CONSULTANT SERVICES BETWEEN REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND MELODY's ADS WORKS OLD TOWN TEMECULA SPECIAL EVENT PROMOTIONS THIS AGREEMENT is made and effective as of July 1, 2010, between the Redevelopment Agency of the City of Temecula , a municipal corporation (hereinafter referred to as "City "), and Melody's Ad Works, Inc., a ( "Consultant'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: TERM This Agreement shall commence on July 1, 2010, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2011, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. Consultant shall submit all marketing /promotional materials including flyers, rack brochures, videos, cable slides, etc. and media releases to city staff for review prior to release and /or print. The City of Temecula branding elements should be incorporated as part of the development of marketing /promotional items and press releases. City will respond to proofs within production timeline guidelines. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience,and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT 1) a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Thirty Nine Thousand Seven Hundred Dollars and 00 Cents ($39,700.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. Expenses incurred by consultant not to exceed Five Thousand Dollars and 00/100 ($5,000.00), in addition to reimbursable expenses incurred in FY 2009 -10 not to exceed Two Hundred Ninety Dollars and 00/100 ($290.00), will be billed separately and are not considered part of the service fee. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Director and Artist at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files, provided that the Consultant does not convey proprietary software to the City, but only as a means for the City to access the work product. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City, District, and /or Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non - performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while 3 performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of new employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 111 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the Executive Director or unless requested by the City 5 Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and /or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: Executive Director P.O. Box 9033 Temecula, CA 92589 -9033 Use this Address for a Delivery Service: City of Temecula or Hand - Deliveries ONLY Attn: Executive Director 43200 Business Park Dr. Temecula, CA 92590 The City intends to relocate to a new City Hall on or about September of 2010. Please call 951- 694 -6444 to determine if the City has relocated. After the City has relocated, please use the following address for a delivery service or hand - deliveries ONLY: City of Temecula Attn: Executive Director 41000 Main Street Temecula, CA 92590 To Consultant: Melody Brunsting Melody's Ad Works Inc. 21705 Como Street Wildomar, CA 92595 G 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the 7 Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA By: Shawn D. Nelson, Executive Director ATTEST: By: Melody Brunsting Melody's Ad Works Inc. 21705 Como Street Wildomar, CA 92595 (Two signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Melody Brunsting By: Susan W. Jones, MMC, City Melody Brunsting Clerk /Agency Secretary APPROVED AS TO FORM: By: Peter M. Thorson, Agency CONSULTANT Counsel Melody's Ad Works Melody Brunsting 21705 Como Street Wildomar, CA 92595 (951) 678 -1456 melsAds @aol.com I FSM Initials: Date: EXHIBIT A Tasks to be Performed Payment Rates and Schedule 10 �Lll�l Ad Workit Inc Marketing b Public Relations Budget Proposal Old Town Temecula Special Event Promotions 2010 -11 21705 Como Street " Wildomar " California 92595 Phone " (951) 252 -5649 (951) 678 -1456 " Fax (951) 678 -5467 E -mail Melody @temeculacalNornia.com - Website: www.Temeculacalifornia.com Ad Workr, Inc Marketing d Public Relations SCOPE OF WORK PERFORMED: Melody's Ad Works, Inc. will plan, organize, produce and promote a series of annual events in Old Town Temecula designed to draw guests to Old Town Temecula from the 2.2 million tourists that visit Temecula annually, and the surrounding local markets of Southwest Riverside County. These events will begin July 9, 2010 and continue through the Street Painting Festival June 26, 2011. For each event Melody's Ad Works Inc. will: ❑ Review, screen, and select entertainers o Distribute Performance agreements and W -9s for all contracted entertainers ❑ Order necessary additional facilities such as stage, lighting, canopies, and portable toilets ❑ Work with City of Temecula Planning and Riverside County Environmental Health to assure proper permits are acquired. • Produce site map for each event • Select and schedule most effective advertising for each event • Create reproduction -ready print ads for print media ❑ Create radio and television commercials (production costs additional) ❑ Create reproduction -ready art for Flyers and Posters ❑ Post on www.temeculacalifornia.com ❑ Develop, write and distribute to media press releases and press packages for each event. • Distribute weekly, monthly and regional press releases supporting event. • Produce e-mail blasts to combined email list of Temecula CVB, Chamber and general interest subscribers to www.temeculacalifornia.com. Emails will promote events and activities and follow all SPAM rules and regulations restricting unsolicited emails. • (City can either forward to their email list or provide additional names if available to extend subscription base.) • Produce event sites on myspace, facebook and other social networks as deemed necessary for the event. o Utilize social network marketing for promotion ❑ Provide on -site laminated 8.5x11 "event locater signage for event activities ❑ Coordinate with City of Temecula Staff ❑ Meet with Old Town Temecula Economic Development /CVB Group ❑ Collect press clippings and maintain workbooks for each event. 21705 Como Street" Wildomar " California 92595 Phone " (951) 252 -5649 (951) 678 -1456 " Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Worki, Inc Marketing b Public Relations EVENT DESCRIPTIONS: �■ ..tit ! a t SUMMERFEST Hot Summer Nights: July 9- Septmber 3, 2010 The weekly format has been the most effective of the programs and continually builds the crowd over an eight -week period. Friday night events will begin July 9, 2010 and continue through Friday, September 3, 2010, Labor Day Weekend EVENTS AND ACTIVITIES • 9 weeks —July 9 through September 3, 2010 • EVERY FRIDAY -music themes Three bands with strong fan base scattered throughout Old Town Temecula. The largest will be placed at the Ralph Love Courtyard (Baily's) and signage will designate that concert admission is free. 2nd largest band will be placed on at Old Town Plaza. Phares and Associates will sponsor the canopy required for Other venues will rotate weekly but the following sites will have bands on a rotational basis and depending on the type of music suited for that location: • Tesoro Winery Parking Lot • Smoke Shop alcove next to Rosas • Villa Calabro /Temecula Hills Patio • Sweet Lumpy's at 3rd and Mercedes. • The Valley Winds will play three times during the summer at the Tesoro Winery Parking lot (5th & Front Street). • Deejay Geoffrey Gaier will conduct games at the corner of 4th and Front Street weekly. • Dynamite Dave the Clown will provide balloon creations weekly. • One BMX show will be part of the program • Party Jumps will be provided as budget allows. 21705 Como Street A Wildomar A California 92595 Phone A (951) 252 -5649 (951) 678 -1456 A Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: www.Temeculacalifornia.com 57 Ad Wofht, Inc Markegng & Public Relations C IT Y OF QUILT SHOW October 2, 2010 This event is very popular with the merchants and out of town visitors. The Quilters in the Mist organization that produces the event as asked for City help to make the event grow. The Quilt Walk is growing in popularity and the organizers, in cooperation with the Temecula CVB will also be hanging quilts in hotels for one month prior to the event. The Organizers (Valley in the Mist Quilters Guild) are asking for volunteers to help with hanging the quilts and are staging a special guest presentation at the Pujol Street Community Center on Friday, October 1. Their goal is to expand the event with the CVB and bring in Quilting Vendors that set up using the community annex room at City Hall and the new Town Square in the future Melody's Ad Works Inc. will work with the Quilters on permits, advertising, publicity, promotion and coordination of the event. 21705 Como Street " Wildomar " California 92595 Phone " (951) 252 -5649 (951) 678 -1456 ^ Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Work4 Inc Marketing 6 Public Relations v () 0 WINTERFEST Old Town Christmas Friday, November 26 opening night for Holiday Events Weekends, two Fridays, two weekdays. November 26 Jan 2, 2010 Santa's arrival will be aboard the horse drawn sleigh, escorted by the Trolley and Dickens Christmas Carolers. He will arrive Friday evening after Thanksgiving. We are proposing he remain open Monday, and Tuesday of Christmas week (Dec. 20, 21) during the daytime hours to enhance the Ice Skating rink experience. The seasonal ice skating rink will be open through January 2, 2010. Santa's house needs a face lift and repairs. It warped in storage last year and may not go together well. We have asked the merchants to assist with this and I am asking Boy Scouts of America if they can help to possibly build a new house. That said, without a new house, we will have issues with the current warped wood. The Temecula Boy Scouts, Pack 301 will take souvenir photos. Old Town Temecula Antlers will be distributed to kids during Santa's arrival and throughout the 5 -week promotion. Dickens carolers and characters will also be positioned around Old Town throughout the campaign. Publicity for the event will begin in August with long -lead magazines, and continue through November We will also coordinate a special night on Friday December 10 for the arrival of Snow at the Temecula Children's Museum. This night will include visits with Santa and other possible entertainment. NEW YEAR'S EVE: Last year a New Year's Eve celebration was created from the existing Christmas Entertainment and a small increase. The event included one band, a face painter, clown and party jump. Beginning at 5 p.m. with children's activities, an east coast Great Temecula Grape Drop, and Midnight Countdown and Great Temecula Grape Drop, and a band from 8:30 to midnight. Please note: Melody's Ad Works, Inc. donated supervisory time New Year's Eve event production design marketing and publicity for 2009110 but will not for 2010111 This year we are incorporating some of the funds from Erie Stanley Gardner Weekend, which was cancelled due to low participation and return on investment. 21705 Como Street " Wildomar " California 92595 Phone " (951) 252 -5649 (951) 678 -1456 4 Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: www.Temeculacalifornia.com .I`ll Ad Woiki, Inc Marketing R Public Relations With these funds New Years will include two bands, longer hours for face painting, more entertainment and enhancement of the current bunch of grapes for the Great Temecula Grape Drop. The cage will be expanded approximately one foot more across, and a few feet longer. 21705 Como Street " Wildomar " California 92595 Phone " (951) 252 -5649 (951) 678 -1456 " Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: w .Temeculacalifornia.com Ad Wofkr, Inc Marketing 6 Public Relations C I T Y O F TFfi4 ECU,LA 010 W Bluegrass Festival March 19 and 20, 2011 The event continues to grow in popularity throughout the Bluegrass community. This year's event sold out the theater three times on Saturday while packing the main stage outdoors with over 600 spectators per concert. There were eight concerts per day on the outdoor stage and seven inside the Old Town Temecula Community Theater on Saturday. HIGHLIGHTS OF 2010 that will be repeated. • The event opened Friday night with a band playing at Sweet Lumpy's and a jam session with the headline bands at Embassy Suites. • Saturday's paid concert was sold out at $15 a seat. All proceeds went to the Theater. • Sunday's matinee sold 200 seats at $5 a seat; again all proceeds went to the Theater. • 200 Visitors came by bus from Orange County Saturday • 200 Motorhomes were parked in and around Old Town Temecula for the Weekend • Average expenditure of RV owners, as per survey at check -in $300 per weekend in town. • Had the GMC Camping club for the weekend 2011 HIGHLIGHTS AND REQUIREMENTS • Secured Byron Berline for Festival. (An Oklahoma based band and Byron Berline produces the International Bluegrass Festival in Temecula, is also a friend and played with Mason Williams) • Already have 120 RVers requesting reservations • Need a minimum 100 more spots for RV campers • Breakout bands and jam sessions will be located throughout Old Town Temecula. Free workshops will be held at the Mercantile. 21705 Como Street A Wildomar A California 92595 Phone A (951) 252 -5649 (951) 678 -1456 A Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: w .Temeculacalifornia.com Ad Wofki, Inc Marketing & Public Relations Western Days May 21 & 22, 2011 HIGHLIGHTS OF 2010 • The 2010 Western Days had one of the largest crowds in attendance, with Front and Main Street packed for the high noon shoot out. • Chili Cookoff had double the entrants • Chili Cookoff sold out of chili in one hour • Listing in Westways was cited by guests as reason for attending • Chili Cookoff was upgraded to a Regional Event, making all winners of the contests eligible for the World Championships. The 2011 Event will include the ICS Chili Cookoff. Promotion will begin in January for the Cookoff. The increased prize money resulted in double the ICS entries so we suggest this practice continue. The event will also remain a regional Cookoff. Sound system used for Chili Cookoff — DONATED BY MELODY'S ADWORKS INC. in 2008, 2009, 2010 AND 2011. 21705 Como Street " Wildomar " California 92595 Phone " (951) 252 -5649 (951) 678 -1456 " Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: www.Temeculacalifornia.com �1ll Ad Woth4 Inc Marketing & Public Relations Street Painting Festival & Plein Air Festival June 26 & 27, 2010 The 2010 Festival expanded by adding a night time painting "Black and White at Night" and a 3 -D Instructor and street painting. The Event was held in conjunction with the Ralph Love Plein Air Festival and organized by Melody's Ad Works Inc and the city. In previous years the Ralph Love Plein Air Festival was produced by the Arts Council of Temecula Valley. This was an interim solution while the Arts Council reorganizes. The event has continued to grow in popularity and arts outreach to the community. Its unique quality to other festival has been the amount of space we provide the artists and the free access to youth and families with the most "family and children" drawings of a California Street Painting Festival. Our Festival is also part of a cooperative group of festivals that cross promote including the I Madonnari Festival and Santa Barbara Festival. The advent of an evening painting session with music, and the new 3 -D artists will increase the event's popularity. This has all been done with the same budget for the past three City Fiscal (2009, 10, 11) years. Gatorade, Breakfast, and wet - ones /wipes DONATED BY MELODY'S AD WORKS, INC. 2005, 2006, 2007, 2008, 2009, 2010. 21705 Como Street " Wildomar " California 92595 Phone " (951) 252 -5649 (951) 678 -1456 " Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: www.Temeculacalifornia.com �Lll�l Ad Worki, Inc Marketing & Public Relations TIMELINE & DEADLINES: To efficiently run the proposed events deadlines and a timeline are provided. It takes a minimum of six months to promote an event, nine months to a year to professionally plan and organize entertainers and schedules. Melody's Ad Works has provided this timeline to assist city staff in adhering to proofreading, promotion and budgeting deadlines. 12 -18 MONTHS Develop Year -Round Calendar of Events 9 -12 MONTHS Book Headline, Highest Demand Entertainment Confirm Dates Establish Budgets 6 -9 MONTHS • Produce and Distribute annual Calendar Listing to long lead publications, travel writers, entertainment calendars. • Coordinate cross promotion with Temecula CVB, Old Town Merchants, Niche Organizations supporting the event. • Produce upcoming quarterly collateral material (rack cards) • Distribute W -9s, performance agreements, (This is delayed for Hot Summer Nights due to contractual restrictions) 3 -6 MONTHS • Write & Distribute full press release on event to regional publications, calendar editors, travel editors • Distribute quarterly collateral • RFQ Facilities, order (tents, tables, chairs, portapotties) • Develop site plan • Confirm advertising and printing schedules • Follow up on entertainers paperwork, additional facilities needs, entertainer riders or requests • Distribute applications for contests (Street Painting, Chili Cookoff) 3 MONTHS • Write & Distribute Month Press releases • Write Public Service Announcements & Distribute • Contact entertainers and participants • Distribute applications (2nd mailing) • Press Release Contests and Applications Availability • PSA (Public Service Announcement on contests) 21705 Como Street " Wildomar " California 92595 Phone ^ (951) 252 -5649 (951) 678 -1456 " Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: www.Temeculacalifornia.com .i6ll «l Ad Workr, Inc Marketing & Public Relations 2 MONTHS • Monthly Ads in Neighbors or Monthly Publication • Distribute Public Service Announcements Again • Press Release Contests and Applications Availability • PSA (Public Service Announcement on contests) • Complete flyers, final proof of any collateral • Hotel room confirmation if required 6 WEEKS -4 WEEKS • Distribute flyers, posters, rack cards, collateral • Weekly Press Releases on Event • Complete radio and television copy and production depending on ad schedule • Check /recheck Performance agreements, contracts what is received • Begin weekly email blasts • Invite on social media • Begin regular mentions on social media 3 WEEKS • Buy supplies, order prizes, trophies • Begin advertising if budget allows. (Current budget only allows 1 -2 weeks advertising) • Email blasts weekly • Email participants and remind dates • Email past participants /mail and remind of dates, resend applications • Confirm all facilities • Final of the site plan and layout. 2 WEEKS • Deadline for any vendor application • Deadline for participants. (While we take them in until day of event, organization runs better if we have a deadline. • Inventory /cross check supplies and needs based upon participants • Daily social media mentions • Weekly email blasts • Answer press inquiries, provide information and photos • Confirm event publicity in calendars and guides of local pubs 21705 Como Street " Wildomar " California 92595 Phone ^ (951) 252 -5649 (951) 678 -1456 " Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: www.Temeculacalifornia.com �SLlI Ad Workr, Inc Marketing d Public Relations WEEK OF • Confirm arrival time for • Facilities • Entertainers • Public Works • Road Closures or supplies • Final Press Release and Ads • Pick up prizes, checks, awards • Review permits, requirements, confirm all facilities in place • Answer press inquiries, provide information and photos • Answer last minute questions for entertainers, performers, and participants • Set Up day before event as much as possible. GRAPHIC ARTS AND BROADCAST PRODUCTION TURN AROUND: • 1 -2 Weeks • Proof /revisions 1 week • Proof corrections 24 hours Deadline for Radio, Television for placement —1 week prior to airing Deadline for Newspaper dailies - 3 -5 days depending on date of ad /holidays Deadline for Newspaper monthlies — 2 weeks prior to month ad is to run Necessary time to promote an event 4 -6 weeks of publicity, advertising, collateral material on display. Any delays, excessive revisions of work, event budget or itinerary changes, result in a less efficient and effective promotional campaign for the event. Excessive revisions, changes and /or additional events and activities will result in additional fees beyond this contract fee at the rate of $150 per hour. Excessive revisions are defined as more than two design and /or copy changes due to subjective taste and not errors or omissions. PUBLIC RELATIONS & ADVERTISING WORKSHOPS: Melody's Ad Works, Inc. also will offer city of Temecula staff the following 1 -hour workshops free of charge to increase knowledge of current and effective advertising, marketing and public relations practices. Melody Brunsting has taught these seminars at the college level as well as at event marketing conferences around the country. • Developing local events with national appeal • Event Marketing with today's economy • Networking, social networking, and how to incorporate into your Public Relations and Marketing • Do I have to Tweet to Sell a Seat, Social Media Marketing for Events Melody's Ad Works Inc. $ 39,700 21705 Como Street " Wildomar " California 92595 Phone " (951) 252 -5649 (951) 678 -1456 " Fax (951) 678 -5467 E -mail Melody @temeculacalifornia.com - Website: w .Temeculacalifornia.com .�6l1 ' Ad Workir Inc Marketing 6 Public Relations Melody's Ad Works Inc. will bill monthly on the first of the month, for services described herein. Expenses incurred by Melody's Ad Works Inc., such as printing, postage, wreath supplies, Christmas decorations, ice, signage, prizes and awards, games and toys for the events will be billed separately and are not part of the contract price for services. They have been delineated in the accompanying spreadsheet and are INCLUDED IN THE BUDGETS of each event. Postage falls under advertising. Other supplies fall under facilities and entertainment depending upon the supply item. Melody's Ad Works, Inc. has analyzed the past 10 years of servicing this account and found the amount of reimbursables is the bare minimum to provide a quality event. This amount is $6.100 and is included within the event budget. Respectfully submitted, Melody Brunsting Melody Brunsting President Melody's Ad Works, Inc. Providing quality events, marketing and promotions since 1989 Winner of the International Festivals & Events Association Gold Pinnacle Award for Most Effective News Stunt and Best Media Kit Winner of the Calfest Celebration Award for Best Event Marketing Campaign, 2006, 2007, 2008, 2009. 21705 Como Street A Wildomar A California 92595 Phone A (951) 252 -5649 (951) 678 -1456 A Fax (951) 678 -5467 E -mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Events 2009- SUB TOTAL 09, Events 2010- SUBTOTAL Melody's Adworks DATE EVENT EXPENSES 2010 10 2011 10 -11 Reimbursables June 25, Sept 3, Hot Summer Nigh Advertising $15,000.00 15000 Postage /Entertain, entertainment contracts, press releases, part of ad budget Entertainment $24,000.00 24000 Facilities $3,500.00 3500 No events July 2 Games $500.00 750 event total $43,000.00 $43,000.00 43250 43250 02 -Oct Quilt Show permits $300.00 300 October 3, 2009 V Advertising $2,000.00 2000 Quilters Guild rentals $750.00 750 event total $3,050.00 $3,050.00 3050 3050 delete Erle Stanley Gardi Advertising $3,250.00 November 6 & 7, . Rentals /tables etc $500.00 Entertainment $1,500.00 Speakers Fees $17500.00 Reception costs Facility Rentals awards $150.00 contingency $350.00 event total $7,250.00 $7,250.00 November 26 -Jan 2 WINTERFEST Advertising $11,500.00 11500 Postage Santa Arrival Frid<Facilities/rentals $2,500.00 2500 Weekends thru Dec 19, + Mon. & Tues. 20, 21 Entertainment $11,500.00 13000 30 250 500 30 antlers, photo cards, $1,500.00 1750 Chair 250 postage rink flyers 1500 Decor $500.00 500 EVENT TOTAL $27,500.00 $27,500.00 31000 ICE RINK NEW YEARS & Christmas addon $7,110.00 Facilities /rentals $2,250.00 2500 Entertainment $4,210.00 6000 grape $650.00 250 EVENT TOTAL 8750 March 19 & 20, 2011 Bluegrass Festiva Advertising $3,500.00 3250 Postage, press releases, entertainer contracts, part of ad budget March 19 & 20, 2C Facilities /outdoor $7,500.00 7500 Facilities /city owned Hotels for entertaine $2,100.00 2200 Hospitality /ice,water $200.00 200 Entertainers $16,000.00 17000 Security $1,000.00 1000 EVENT TOTAL $30,300.00 $30,300.00 31150 May 21 & 22, 2011 Western Days Advertising $2,500.00 2500 Postage, press releases, entertainer contracts, applications, part of advertising budget May 21 & 22, 201' Regisration chili c $350.00 350 31000 i:YFi9 19111111 1750 250 30 500 0201; 30 200 30 350 Entertainment $5,200.00 5200 Facilities $1,800.00 1800 Chili Cookoff Prizes (supplies, cups, spoons, napkins, saniwipes, water for cookoff- taken from facilities budget) 90 Event Permit $250.00 250 250 EVENTTOTAL $10,100.00 $10,100.00 10100 10100 June 24 -26, 2011 Streetpainting Fes Advertising $4,000.00 4000 Postage, press releases, entertainer contracts, applications, part of advertising budget 60 June 24 -26, 2011 Entertainment $2,250.00 2250 Supplies, chalk, water, paper towels $1,500.00 1500 1500 Facilities $2,500.00 2500 EVENT TOTAL $10,250.00 $10,250.00 10250 10250 $138,560.00 137550 6100 Melodys Ad Works Retainer $39,700.00 $39,700 From: 888- 467 -7968 To: 19516946499 Page: 2/2 Date: 5/14/2010 12:09:04 PM ACORD� CERTIFICATE OF LIABILITY INSURANCE D 05511411 4!22 010 10 1 0) PRODUCER Phone: (951)SUM751 Stromsoe Insurance Agency THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 24910 Las BrisaS Road, Ste 117 Murrieta, CA 92562 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER POLICY EFFECTNE— TE MMR)OM' License #: OD06577 INSURERS AFFORDING COVERAGE N IC ij INSURED msu ER A: Valley Forge Insurance Company CNA 3010116843 0511012010 Melody's Ad Works, Inc NSURER B $ 1,000,000_ 21705 Como Street NSURER C: MEDEXP(Any pe ) Wildomar, CA 92595 NSURER D: [INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED O MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUC POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR DD' NSR TYPE OFINSURAN E POLICY NUMBER POLICY EFFECTNE— TE MMR)OM' POLICY EXPIRATION DATE MMI D LIMITS A Y I GENERALUABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS WOE KOCCUR -'� 3010116843 0511012010 0511012011 EACH OCCURRENCE $ 1,000,000_ DAW E TO RENTED . PREMISES Eaoccurence $ 3OO OOO MEDEXP(Any pe ) is 10,000 C PERSONAL & ADV INJURY I is 1.000,000 _ GENERALAGGREGATE [$ 2.000,000 GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS- COMPIOP AGG; $ 2,000,000 lit POLICY PRO- LOC - -- A Y AUTOMOBILELIABWTY _; ANV AUTO. TALL OWNEDAUTOS SCHEDULEDAUTOS 3010116843 05/10/2010 05/10/2011 (Ea .MeM) $ 1.000,000 BODILY INJURY (Per person) $ BODILY INJURY I(Par accMen[) $ ;J( it ,HIRED "T" INON OWNEDAVTOS PROPERTn[)AWGE (Per aWde $ ...... GARAGE UABILITY AUTO ONLY- EA ACCIDENT_ $ ANY AUTO OTHER THAN EAACC AUTO ONLY: AGO $ �- $ f{EXCESS /UMBRELLALIABILITY OCCUR I CLAIMS MADE FACHOCCURRENCE $ AGGREGATE $ - $ DEDUCTIBLE is RETENTION S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEWEXECURVE OFFICERIMEMBER EXCLUDED? It yyes, describe under SPECIAL PROVISIONS below i IEL T RY�IAMIT 0TH - ER EACH ACCIDEM $ E. L. DISEASE - EA EMPLOYEE $ E.L. DISEASE- POLICY LIMIT j - $ OTHER DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Certificate holder is named as additional insured as covered by the policy. City of Temecula and Redevelopment Agency of Temecula Attn: Kathi Syers 43200 Business Park Drive Temecula, CA 92590 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 90 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE Printed by N D K on May 14, 2010 at 11:50AM RDA DEPARTMENTAL REPORT Item No. 31 Approvals City Attorney Director of Finance City Manager TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director /Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 22, 2010 SUBJECT: Redevelopment Departmental Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Temecula Vallev Convention and Visitors Bureau Lease of Commercial Soace in the Old Town Parking Garage - The Agency and the Temecula Valley Convention and Visitors Bureau have executed an Office Lease for commercial space in the Old Town Parking Garage. The Convention and Visitor's Bureau is currently in the process of working with the architect of the Civic Center project to design the tenant improvements. These improvements are estimated to be complete October 1, 2010 per the Civic Center project manager Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office development surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with Staff on site planning issues. On January 22, 2009 the Executive Director granted a three -month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy Staff recommends the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Recently the Agency Staff and Pelican Properties representatives met and agreed that it is necessary to discuss the possibility of an additional extension. Agency Staff met with the Agency sub - committee in February and received direction to take an extension of one year with the possibility of an additional one year administrative extension which the Agency approved on March 9, 2010. Auto Mall Sign - The Agency and Auto Dealers Association have entered into a Loan Agreement for a loan from the Agency to the Auto Dealers Association in the amount of $875,000 for a state of the art high definition marquee sign. Part of the agreement stipulates that the City will have 10 percent of the time between sunrise and 11:00 p.m. daily to use the sign to promote City interests. The sign will be located on the currently vacant parcel south of Rancho Ford. The old sign will be removed. Per the Loan Agreement the Auto Mall sign shall be constructed on or before October 13, 2010. The Auto Dealers Association anticipates construction of the sign to begin in June. Facade Improvement Program - The Fagade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2009 -2010 The following Fagade improvements are in process or recently completed: • Emporium Center — Fagade Renovation • Temecula Stage Stop — Outdoor canopy renovation • Pennypickle's Workshop — Change copy and refurbish sign • The applications currently under review have exhausted the Fagade Improvement Program budget for this Fiscal Year. Staff will advise all subsequent applicants that funds are not available for the remainder of this Fiscal Year. Currently the program is temporarily frozen due to the State of California Redevelopment Budget take. The Agency will reinstate the program July 1, 2010. AB 4X 26 — State of California Supplemental Educational Revenue Augmentation Fund Shift for Fiscal Year 2009 -2010 - On July 28, 2009 the Governor signed AB 4X 26 to address the fiscal emergency declared by the Governor on July 1, 2009. This bill amends the Health and Safety code to require a $1.7 billion SERAF shift from redevelopment agencies for Fiscal Year 2009- 2010 and a $350 million SERAF shift for Fiscal Year 2010 -2011. Per this legislation, the California State Department of Finance has notified the Agency that its payment obligation for Fiscal Year 2009 -2010 SERAF shift is $4,354,450. The City is required to notify the County Audit - Controller of its intent to fund it SERAF payment by March 1, 2010. The Agency is required to make findings via resolution of insufficient other moneys in order to be able to utilize housing set -aside funds. The Agency intends to make its SERAF payments with housing set -aside funds. The notification of the County Auditor - Controller was approved February 9, 2010. Concurrently, the issue of utilizing housing set - aside funds in order to make the SERAF payment was also approved by the Agency Board at its February 9, 2010 meeting. On May 10, 2010 the Redevelopment Agency was forced to wire $4,354,450 to the County of Riverside per AB 4X 26. HOUSING 2010 Tax Allocation Bond - On December 8, 2009, the Redevelopment Agency adopted a Resolution entitled "A Resolution of the Redevelopment Agency of the City of Temecula Designating Consultants in Connection With the Proposed Issuance of Tax Allocation Housing Bonds and Authorizing and Directing Certain Actions With Respect Thereto," expressing the intent of the Agency to issue tax allocation housing bonds to finance housing activities of the Redevelopment Agency, and designating various professionals, including a financial advisor, a fiscal consultant, bond counsel, disclosure counsel and a bond underwriter, to assist the Redevelopment Agency in connection with the issuance of the bonds. The Redevelopment Agency Staff and consultants have been working to prepare the necessary documents to issue the bonds, including an indenture of trust which provides for the terms of the proposed bonds, a preliminary official statement which describes the bond issue and is to be used to market the bonds to prospective investors, a bond purchase agreement pursuant to which the bonds would be sold, and a continuing disclosure certificate regarding ongoing disclosure of the Agency over the term of the bonds. It is proposed that the proceeds of the bonds be used to finance housing activities of the Redevelopment Agency within or of benefit to the Temecula Redevelopment Project No. 1. The primary activities anticipated to be financed with proceeds of the bonds include (i) funding the Redevelopment Agency's $6,000,000 contribution to the Warehouse at Creekside development which was approved by Resolution RDA No. 08 -06 by the Redevelopment Agency Board and City Council Resolution No. 08 -81 on August 12, 2008, and (ii) using approximately $6,000,000 of bond proceeds to assist in the development of a mixed income affordable housing project on Redevelopment Agency -owned property (and adjacent parcels) on Pujol Street adjacent to the Main Street Apartments. Bond proceeds may also be used for other housing activities of the Redevelopment Agency. The TAB Housing bonds were approved for sales by the Agency board at the February 9, 2010 meeting. Subsequently the Bonds were successfully sold and closed escrow in early March. R.C. Hobbs Exclusive Negotiating Agreement - Hobbs recently approached the Agency regarding the possible development of mixed income affordable housing on vacant Agency owned property located at 28640 Pujol Street. Considering Hobbs' background and recent Staff experience working with the organization, Staff felt that Hobbs would be a quality partner on an affordable housing development at the aforementioned location. Hobbs requested that the Agency and Hobbs enter into an ENA with a one -year term with a potential six month extension by written approval of the Executive Director. The Agency considered and approved the ENA at its February 9, 2010 meeting. The Warehouse at Creekside - On August 12, 2008, the City Council approved an Owner Participation Agreement with Warehouse at Creekside for an Affordable Housing Mixed Use Project. The Agency is currently working with Bill Dalton on a new development on 3'' Street in Old Town. The proposed development includes 32 units of affordable housing and a 3500 square foot ground floor of commercial. The project includes one dedicated parking space for each residential unit. Grading permits have been issued for the project. The project is currently under construction and is slated to be completed by spring 2010. In conjunction with the proposed Housing Tax Increment Bond sale anticipated to close (if approved) in late February, the Agency and Developer have tentatively agreed to minor language modifications of the Owner Participation Agreement. The language modifications are evidenced in a draft Second Amendment to the Owner Participation Agreement approved by the Agency Board at its February 9, 2010 meeting. Per the developer the development is estimated to be complete by June 1, 2010. On May 7, 2010 the Redevelopment Agency wired the approved grant funds and closed escrow. The development is now 100% leased out. Diaz Road Exclusive Negotiation Agreement - The Agency issued a Request for Interest to select a preferred development partner for the 30 -acre site located on Diaz Road. Seven firms have responded. On September 9, 2008, the City Council entered into an Exclusive Negotiating Agreement with RC Hobbs Company to develop the project. Due to the State of California's Redevelopment SERAF take it is not possible for the Agency to pursue a project with the Hobbs Company on the Diaz site at this time. The Agency negotiated a Purchase and Sale Agreement and Escrow Instructions ( "PSA") for the sale of approximately 20 acres to Clearwater Development for the development of a water park. The Agency Board approved the PSA on September 22, 2009. Major terms of the PSA are a purchase price of $6.7 million with a $1 million "holdback" to mitigate existing soils conditions. Since the Agency and Clearwater Development entered into the PSA Clearwater requested an extension to the escrow of 6 months. At the October 27, 2009 Agency Board meeting the extension was approved. The Agency Board at its April 27, 2010 meeting approved an additional extension to the PSA which will extend the closing date to October 29, 2010. First Time Homebuyers Program - On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance allows qualifying households to purchase homes in the $250,000 - $300,000 price range. An article published in the Californian on July 5, 2009 has generated tremendous interest in the program. However, on July 24, 2009, the State Legislature passed a budget that proposes a take of $2.05 Billion in statewide redevelopment agency funds to help close the State's current budget deficit. This means that about $4,300,000 in City of Temecula Redevelopment Agency funds could be diverted to the state this Fiscal Year and an additional $900,000 diverted to the state in Fiscal Year 2010/2011. As a result, funding for this program is temporarily frozen and no new applications are being considered at this time. The Agency will reinstate the program July 1, 2010. Summerhouse - The Agency negotiated an Owner Participation Agreement ( "OPA ") with Summerhouse Housing Partners L.P for the purchase and development of the Summerhouse community. The Agency Board approved the OPA on September 22, 2009. The OPA terms require the development of 70 affordable units at very -low income, 20 units at moderate income, and 20 units at senior affordable income. The terms of this agreement place affordability restrictions on the property for 55 years. Summerhouse Housing Partners L.P. has closed escrow and taken full title to the property and has begun the clean -up and restoration of the site. A Development Plan has been submitted to the City and completion of the partially completed units shall begin within 120 days with completion of those 20 units no more than 12 months thereafter. Residential Improvement Program - The program budget for FY 2009/2010 is $200,000. However, on July 24, 2009, the proposed State budget take of about $4,300,000 from the City of Temecula Redevelopment Agency has required unreserved funds budgeted for this program to be temporarily frozen. No new applications are being considered at this time. The Agency will reinstate the program July 1, 2010. COUNCIL BUSINESS Item No. 32 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 22, 2010 SUBJECT: Adopt Draft City of Temecula Sustainability Plan PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council 1. Adopt a resolution entitled: RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY OF TEMECULA SUSTAINABILITY PLAN (LR08 -0007) BACKGROUND: On July 22, 2008 the City Council established the City Sustainability Program Committee and directed to staff to prepare a City of Temecula Sustainability Plan. The Temecula Sustainability Plan will be a blueprint for the City to operate in a sustainable way by setting targets for reducing greenhouse gases, energy and water use, planning for growth, reducing waste and championing emerging technologies. The Plan focuses on City operations and actions that provide a benefit to the community without placing additional burdens on the community. The Sustainability Plan is intended to be an adaptive plan that will be responsive to new ideas, changing technology and shifting resources. Throughout the implementation of the Plan, periodic progress reports will be prepared in order to track progress toward achieving the goals of the Plan and to determine whether adjustments should be made to the indicators and targets. The City Sustainability Program Committee is made up of two Council members and a representative from the Planning Commission, Community Services Commission, and the Public /Traffic Safety Commission. The City Sustainability Program Committee is a standing committee, by which all meetings are publicly noticed. Additionally, eight staff level Green Teams were created to focus on establishing goals, targets, indicators, and implementation measures for each of the Plan's eight core categories. The eight Teams are made up of City staff from the Departments of Planning, Public Works, Community Services, Building and Safety, and Finance, as well as representatives from The Gas Company, Southern California Edison, Rancho California Water District, Eastern Municipal Water District, CR &R Waste and Recycling Services, and the Air Quality Management District. Between the City Sustainability Committee and the Green Teams, a combined total of 40 meetings were held to provide policy direction and technical input into the development of the City of Temecula Sustainability Plan. In addition to the publicly noticed meetings, staff provided a presentation of the draft sustainability plan to four community groups. The Plan includes the following core categories: Energy, Water Resources, Air Resources, Green Building, Waste Management, Transportation, Open Space, and Community Outreach. Within each category, specific goals were established, and for each goal, an indicator and target was identified as a means of measuring progress toward achieving the goals. Next, the teams identified specific activities to be implemented, which will lead to achieving the goals. A total of 25 goals and 80 actions make up the City of Temecula Sustainability Plan. The proposed actions include the development of policies, establishment of new development and building standards, new programs, additional analysis, and public outreach and education. FISCAL IMPACT: Implementation measures such as energy efficiency and landscape retrofits at City facilities, preservation of the escarpment area, and the completion of the Multi -use Trails and Bikeways Master Plan will have initial costs associated with their implementation; however, these measures will result in a cost savings over time and benefits to the community and will be incorporated into future CIP budgets. Other implementation measures identified within the Plan require further evaluation of their feasibility including the fiscal impacts. Programs implemented as part of the City of Temecula Sustainability Plan will be brought back to the City Council for approval prior to the expenditure of funds. ATTACHMENTS: Resolution Draft City of Temecula Sustainability Plan RESOLUTION NO. 10- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE CITY OF TEMECULA SUSTAINABILITY PLAN (LR08 -0007) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: A. We have entered a time where unprecedented pressures on the natural world impose limits on our use of natural resources if we are to ensure the ability of future generations to meet their needs. B. The State of California enacted legislation (AB 32, SB 97, and SB 375), which requires local jurisdictions to reduce green house gas emissions through environmental compliance and through the development of sustainable community strategies. B. The environmental impact of the City of Temecula can be significantly lessened in a cost effective manner by paying closer attention to operating practices and programs. C. The City of Temecula plays a leadership role in the City and in the region and, by its own example, should promote sustainable policies and practices among the public and private organizations with which it works. D. On July 22, 2008, the City Council of the City of Temecula established the City Sustainability Committee, which is made up on two City Council Members and one Commissioner each from the Planning Commission, the Public /Traffic Safety Commission and the Community Services Commission. E. The City Council of the City of Temecula adopted Resolution No. 08 -74, endorsing the California Green Builder Program for new single - family residential production homes, and requiring all new construction and additions to City owned facilities to be designed and constructed to achieve a minimum Leadership in Energy and Environmental Design Certified rating. F. The City Council of the City of Temecula adopted Resolution No. 08 -91, authorizing participation in the Cities for Climate Protection Campaign and to develop a Green House Gas Emissions Inventory and Climate Action Plan. G. The City Council of the City of Temecula adopted Resolution No. 09 -96, authorizing participation in the Western Riverside Council of Governments Energy Efficiency and Water Conservation Financing Program, which will provide a financing mechanism for property owners to make energy efficiency and water conservation retrofits to further achieve the goals set forth by the Draft City of Temecula Sustainability Plan. H. The City Sustainability Committee met on four occasions, and at their last meeting on May 13, 2010, did review and recommend that the City Council approve the Draft City of Temecula Sustainability Plan. Section 2. The City Council of the City of Temecula does hereby adopt the "City of Temecula Sustainability Plan," dated June 2010 in the form attached hereto as Exhibit A, for the purposes of providing general guidelines for considering future sustainable citywide practices subject to the following: A. The City of Temecula Sustainability Plan will serve as a guide for City decision - making and help to balance the economic, environmental and social needs of the City, its residents and its businesses. B. All City departments, agencies and units should to the best of their abilities and within the resources available, implement recommendations, proposals and policies that advance sustainability and conservation in the City, consistent with the principals and goals established by the Draft City of Temecula Sustainability Plan. C. The goals, indicators, targets, and implementation measures stated in the City of Temecula Sustainability Plan shall be pursued and implemented to the greatest extent possible; but shall not bind or be binding upon this or any future City Council with regard to any subsequent City Council actions. Section 3. The approval of the City of Temecula Sustainability Plan is categorically exempt from review under the California Environmental Quality Act pursuant to Title 14 of the California Code of Regulations, Section 15308, Class 8 Actions by a Regulatory Agencies for Protection of the Environment. Section 4. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of June, 2010. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 22nd day of June, 2010, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: IG 1 011�Ko1l1►NllNdiIAdil:l:4:& 1 ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk O,Tfflbv C 9999D 0, 12?0 V0 Printed: 06/14/2010 (This page is left blank intentionally) 3ousta i na bi l ity - what does it mean? The word " Sustainability" is commonly used today in context to human life on Earth. The word sustain - ability literally translates to "maintain," "support," or "endure." However, in recent times and in context to human life, the most widely used definition of sustainability is: "to meet the needs of the present Social without compromising the ability of future genera- tions to meet their own needs." While this is the most widely used definition, it is not universally ac- rEinivikronimnent Rearahle cepted and is continually challenged through inter- pretations by various individuals and disciplines in Sustainaul an attempt to find a true and acceptable definition. For now, the City of Temecula will move forward Viable with the above definition. Sustainability focuses on three systems: the natural Fgaitahle Economic environment or natural resources of a community, the social wellbeing of a community, and the eco- nomic prosperity of the community. When these three systems come together, the benefits of sustainability positively impact the environment, the economy and society. However, if one systems is ignored or favored over another, the result is an imbalance among the systems. If all three are addressed independent of one another the conse- quences over time can be catastrophic as one or more of the systems will attempt to find its balance. There is growing evidence that humanity is diminishing its finite resources and living unsustainably. Changing the ways in which we live to become more sustainable will require a monumental shift in the way we value and utilize our resources. Improving the quality of human life, while living within the carrying capacity of earth, without destroying ecosystems and natural processes for which we rely upon, has become the greatest challenge to humanity. For local governments to become or to act in a sustainable manner, means looking at internal poli- cies and practices, as well as regulations, in ways that improve the community without placing overly burdensome demands that result in excessive cost relative to the benefits received. This is a pivotal time in human history; the challenges facing societies are global, but the solutions are local. New practices, technical advances, and innovation continue to transform our lives; tech- nologies and innovation not yet discovered will have a dramatic impact on our lives and will hopefully contribute to achieving the goals set by this plan in a more efficient and effective manner. We will think globally, act locally, and we will persevere. (This page is left blank intentionally) Introduction In July 2008 the Temecula City Council committed to becoming a sustainable community by estab- lishing a City Sustainability Committee (made up a two City Council members and one member from of each of the three City Commissions) and directed staff to begin the preparation of a City Sustain - ability Plan. The Temecula Sustainability Plan will be a blueprint for addressing sustainability and climate change by setting targets for reducing greenhouse gases, energy and water use, planning intelligently for growth, reducing waste, and championing emerging technologies. The City Council provided the inspiration and direction for this planning effort with the unanimous adoption of Resolu- tion No. 08 -74, which established a municipal green building policy and endorsed the California Green Building Program. Next, the City Council adopted Resolution No. 08- 91,which committed the City to preparing a Greenhouse Gas Emissions Inventory and Climate Action Plan. VISION In response to legislative mandates, the City of Temecula commits to collaboratively build an ecologically sustainable, economically dynamic, and socially equitable future for its citizen's that strives to use local _ resources effectively and efficiently, safeguards human health and the environment, promotes a health and diverse economy, and improves the livability and quality of life for all community members. Since the time the Council provided direction, Planning staff has worked collaboratively with all City Departments and various outside agencies to examine current practices and identify ways in which the City can build upon and enhance our sustainable practices. With the formation of "green" teams made up of City staff from the Departments of Planning, Public Works, Community Services, Building and Safety, and Finance, as well as representatives from The Gas Company, Southern California Edi- son, Rancho California Water District, Eastern Municipal Water District, CR &R Waste and Recycling Services, and the Air Quality Management District, specific implementation measures were identi- fied. A combined total of 40 meetings were held to provide policy direction and technical input into the development of the Plan. LEGISLATION The State of California has recently enacted legislation that requires local jurisdictions to develop sustain- able community strategies to slow climate change and ensure sustainable development. These mandates will have significant and wide ranging impact on the way industry and governments do business. Specific legislation enacted to date includes: AB 32 AB 32 requires the Air Resources Board (ARB) to develop regulations and market mechanisms to reduce California's greenhouse gas (GHG) emissions to their 1990 levels by 2020. (Greenhouse gases such as carbon dioxide are widely believed to contribute to global warming and other forms of climate change.) Mandatory caps on GHG emission will begin in 2012 for significant GHG sources. The caps will be reduced over time to meet the 2020 goals. SB 97 SB 97 states that GHG emissions and their impacts are appropriate subjects for CEQA analysis. SB 97 directs the State's Office of Planning and Research (OPR) to develop draft CEQA guidelines for the mitiga- tion of greenhouse gas emissions or the effects of GHG emissions by July 1, 2009 and directs the State Resources Agency to certify and adopt the CEQA guidelines by January 1, 2010. SB 375 SB 375 enhances the ARB's ability to reach the AB 32 goals by directing ARB to develop regional GHG emission reduction targets to be achieved from the automobile and light truck sectors for 2020 and 2035. ARB will also work with California's 18 Metropolitan Planning Organizations to align their regional trans- portation, housing and land use plans and prepare a "sustainable communities strategy" to reduce the amount of vehicle miles traveled in their respective regions and demonstrate the region's ability to attain its GHG reduction targets. 5 Plan Overview This plan represents a systematic approach to integrate the goals of sustainability into virtually all facets of the way the City of Temecula government operates; from the energy used and water con- sumed, to the construction of buildings, to the products purchased, and to the way land use and transportation are integrated into the community. Development of the Sustainability Plan is based on five guiding principles. The following guiding principles provide the basis from which effective decisions can be made: 1. The concept of sustainability guides City policy and all policy decisions have implications to the long -term sustainability of the City. 2. Protection, preservation and restoration of the natural environment are high priorities and are mutually dependent on economic health and social equity. 3. The City of Temecula recognizes its connection with residents, regional, national and global communities. 4. Community awareness, responsibility, participation and education are key elements of a sustainable community. 5. Prioritizing of sustainability issues will be balanced with costs associated with programs. This Sustainability Plan makes recommendations for specific actions to enhance City performance in the following eight categories: Energy, Green Building, Water Resources, Air Resources, Waste Man- agement Transportation, Open Space, and Community Outreach. For each category, specific goals, success indicators, and implementation measures were developed as a means to continually monitor the progress being made toward becoming a sustainable city. To reinforce the blueprint of this Sus - tainability Plan, a Greenhouse Gas Emissions Inventory and Climate Action Plan will be prepared. The resulting implementation measures from the Climate Action Plan will be incorporated into this Sustainability Plan. Sustainability Goals Implementation Measures 7 The goals describe the general aspirations for The implementation measures are specific each category and should have both an indi- activities, programs or actions to be taken by cator and target. the City that will achieve the selected goals. Success Indicators Progress Report The success indicators provide a means of Regular progress reports are intended to pro - measuring performance or progress toward vide useful information to the City Council, achieving the established goal. City staff, and the community about the pro - Targets gress being made toward achieving the goals The targets represent achievable milestones of the Sustainability Plan. for the community. The Sustainability Plan is intended to be an adaptive plan that will be responsive to new ideas, changing technology and shifting resources. As with any program, a key component to ensuring sus- tainable growth and success is to engage the community in its actions to ensure that Temecula re- mains competitive for future growth while preserving the health of its environment for generations to come. 3 Highlights and Current Successes The City of Temecula already... Energy • Installed a 55kW photovoltaic system to power 90% of the Civic Center parking structure electricity needs. • Performs annual HVAC Tune -ups at City facilities to en- sure top performance and peak efficiency of HVAC sys- tems. t • Purchased its first hybrid vehicle in 2004, and currently developing strategies to replace or retrofit existing vehi- cles with more advanced fuel technologies. • Continuously strives to upgrade existing facilities with energy conserving equipment. • Obtained $940,700 in Energy Efficiency and Conserva- tion Block Grant funds to implement a traffic signal syn- chronization project, an energy efficiency retrofit project at the Community Recreation Center, and a residential energy efficiency loan program. Green Building • Adopted a Municipal Green Building policy in 2008 u,uneeni.i ti (Resolution No. 08 -74), which requires all new con - struction of City facilities to be designed and built to achieve the U.S. Green Building Council's (USGBC)LEED F_� , Certified Standard. • Endorsed the California Green Building Program in 2008, which is intended to exceed current California Building standards for energy and water efficiency. • Designed and constructed the new Civic Center in Old Town to be the first USGBC LEED Silver Certified build- ing in the City. Water Resources • Installed 28 Waterless Urinals at City facilities in 2010. • Replaced approximately 83,700 square feet of turf with drought tolerant landscaping. • Uses reclaimed water to irrigate approximately 142 acres of parks, parkways and medians. Highlights and Current Successes The City of Temecula already... Air Resources • Adopted Resolution No. 08 -91, authorizing the City to de- velop a greenhouse gas emissions inventory and climate action plan. • Completed the City's first greenhouse gas emissions analy- sis for both government operations and the community. Waste Management • Implemented a paperless RFP /RFQ and requisition process in 2009, reducing paper consumption, printing costs and landfill waste. • Uses recycled rubber in rubberized asphalt for major road- way rehabilitation projects. • Implemented a successful residential and construction/ demolition recycling program, achieving at least a 50% di- version rate from County landfills. • Achieved a waste reduction of 4.8 pounds per person in 2008, in advance of the goal set by the State for 2010. Transportation • Encourages employees to participate in Rideshare /Carpool programs offered by the Riverside County Transportation Commission. • Constructed approximately 22 miles (28 %) of Class I Bike Lanes/Trails, and approximately 45 miles (56 %) of Class II Bike Lanes. Open Space • Adopted a Heritage Tree Preservation Ordinance in 2009, which is designed to protect and preserve specific tree spe- cies for future generations. • Implemented "Trees for Temecula," a street tree planting program, which has planted approximately 1,000 trees since 2001. • Constructed a 10,000 square foot community garden at the Mary Phillips Senior Center. Produce grown will be used at the Senior Center as well as to help those in need. • Pursuing annexation of approximately 4,500 acres of the Santa Margarita Ecological Reserve. • Acquired 113 acres of over 500 acres needed to protect the aesthetic views of the escarpment from development. • Acquired approximately 200 acres of open space as part of the Roripaugh Ranch Development agreement. Energy Reduce energy use and promote clean energy production 7 Amount of energy used at City facili- Baseline: MMMMM" ties 4,318,741 kWh used in 2007 78,910 therms used in 2007 Target: • 10 more efficient than current energy codes (new buildings) • 10 more efficient than current usage by 2012 (existing facilities) • 25% more efficient than current usage by 2015 (existing facilities) Amount of energy used community- Baseline: wide 783,829,979 kWh used in 2007 8,334,709 therms used in 2007 Target: • 10 more efficient than current usage by 2015 (existing buildings) • 10 more efficient than current energy codes (new buildings). Tar- get TBD Policies that support clean energy Target: generation • First adopted policy in 2010 Quantity of fossil fuel purchased by Target: the City • SO % less fuel used by 2015 Number of alternative fuel or ad- Target: vanced technology vehicles in the • 10 of fleet vehicle by 2020 City's fleet 9 Energy Action Plan 10 Date to be Responsible Action to be taken accomplished Department 1. Evaluate the feasibility of establishing additional en- 2012 Planning ergy reduction targets for new construction. TCSD B &S 2. Adopt a policy requiring Energy Star or "premium effi- 2011 Planning ciency" components in all newly constructed City TCSD owned facilities. 3. Establish partnership with Southern California Edison to 2011 Planning develop a program that increases the energy efficiency TCSD of existing City owned buildings. 4. Evaluate policies and programs that enables green 2012 Planning power generation at new and existing City facilities. B &S Policy /program should establish a minimum load re- TCSD quirement to maximize cost effectiveness of green power generation. 5. Establish a residential energy efficiency retrofit pro- 2011 Planning gram for older less energy efficient single - family Redevelopment homes. 6. Establish a municipal facilities energy retrofit program 2012 Planning and incorporate projects into the CIP budget. TCSD 7. Evaluate and adopt policies that supports purchasing 2011 All alternative fuel vehicles, advanced technologies, and/ or more fuel efficient vehicles to reduce emission and/ or fuel consumption in City fleet vehicles and equip - 8. Evaluate street light and parking lot lighting technolo- 2011 Planning gies that are "dark sky' compliant. Public Works TCSD 10 Green Building Promote resource efficient and healthy buildings success I Green Building Policies and Ordi- nances Training opportunities for green building principles and practices Target: T Municipal Buildings • All new City buildings designed and built to USGBC LEED'Silver" stan- dard or equivalent by 2011 Commercial and Residential Buildings • Adopt California Green Building Standards as amended by the Cali- fornia Building Standards Commis- sion Target: • At least two green building educa- tion classes /workshops held within the City for City staff and the building community Green Building Action Plan 12 Date to be Responsible Action to be taken accomplished Department 1. Adopt Municipal Facilities Green Building policy requiring (Accomplished Planning all new construction of Municipal buildings to be built to in 2008) B &S LEED "Certified" Standard. 2. Adopt Municipal Facilities Green Building policy requiring 2011 Planning new construction to be built to achieve a minimum B &S USGBC LEED Silver Certification. Identify appropriate square footage threshold to apply green building stan- dards to retrofit projects. 3. Develop a °sustainability best practices" toolkit for staff 2010 Planning to encourage the construction of more sustainable de- B &S velopment within the City and to guide staff when re- viewing municipal projects, CIP projects and /or City owned projects. 4. Coordinate Municipal Code amendments to align with Ongoing Planning the California Green Building Standards for residential and commercial development, as adopted by the Califor- nia Building Standards Commission. 5. Evaluate adopting policies that require pre- wiring for 2010 Planning solar photovoltaic systems and electrical vehicle charg- B &S ing stations, and stub -outs for CNG refueling stations for new residential construction. 6. Evaluate developing an incentive program that encour- 2010 Planning ages builders /developers to construct "certified" green B &S buildings within the City. 7. Evaluate and develop a "green building" training pro- 2011 Planning gram for City staff and local builders. B &S 12 uccess Indicators ,mount of potable water used at :ity facilities Baseline: V 797,089 HCF used in 2C Target: • 20% reduction by 2020 ,mount of potable water used com- Baseline: nunity -wide 11,229,601 HCF used in 2007 Target: • 20% reduction by 2020 .andscaping within City parks, medi- Target: ms, and parkways served by re- . 10, laimed water (where available) "urf within City maintained medians, )arkways, and facilities retrofit with :alifornia Friendly landscaping - hysical and chemical parameters or water quality based on the Consolidated Monitoring Program" ,f the County of Riverside ,doption of Citywide Stormwater reuse Master Plan Target: • Medians - Replace 100% of turf by 2014 • City facilities - Replace 100% of non - essential turf by 2015 • City maintained parkways - (Target TBD in 2011) Target: • Downward trend Target: • Improvement in physical and chemical parameters for water quality Target: • Maintain status quo • Convert lined water courses back to near natural conditions (Target TBD) Target: • Master Plan completed by 2011 HCF— Hundred Cubic Feet 13 Water Resource Action Plan 14 Date to be Responsible Action to be taken accomplished Department 1. Work with water agencies to establish an incentive pro- Ongoing Planning gram that assists property owners with retrofitting wa- ter intensive landscaping with California Friendly Land- scaping. 2. Work with water agencies to establish a demonstration 2012 Planning garden program for California Friendly Landscaping - components of program may include: participant selec- tion process, technical design assistance, landscape maintenance classes /training, financial incentives and product rebates, and ongoing monitoring, recognition and outreach. 3. Identify and map the type of landscaping of all park- 2011 Planning ways, medians, and park areas, and work with water TCSD agencies to develop an implementation plan to retrofit GIS appropriate areas with California Friendly Drought Toler- ant Landscaping, drip irrigation systems, and reclaimed water. 4. Update Water Efficient Landscape Ordinance by January Completed Planning 1, 2010. 5. Evaluate grey water re -use. Coordinate with CA Building 2012 Planning Code Update cycle. B &S 6. Continue to require the preparation and approval of a (Existing Planning Water Quality Management Plan (WQMP) for all applica- policy) Land Development ble projects (private development, re- development and CIP projects). 7. Evaluate a Development Code amendment for Low Im- 2012 Planning pact Development Standards, and that establishing a Land Development minimum percentage of surface area for infiltration type Best Management Practices (where site soil conditions 8. Research funding opportunities to develop a focused Ongoing Land Development outreach program that targets non -point sources. 14 Water Resources Action Plan 15 Date to be Responsible Action to be taken accomplished Department 9. Evaluate opportunities to capture and reuse storm water 2011 Land Development runoff from city -owned properties. 10. Explore opportunities for Regional BMPs (existing prac- Ongoing Planning tice). Land Development 11. Explore "incentive based" water quality programs to re- Ongoing Land Development place punitive programs similar to the Seattle, WA pro- gram: "Spill Kits ". 12. Identify and map natural and lined water courses within Completed Planning the City. 2009 Land Development GIS 13. Work with Riverside County Flood Control to adopt a 2011 Planning policy which requires all undeveloped water courses within the 100 year flood plain to be maintained in their natural state. 14. Work with Riverside County Flood Control to explore Ongoing Planning programs and funding opportunities and to convert con- Land Development crete lined water courses back to near natural condi- tions. 15. Work with Riverside County Flood Control to explore de- 2012 Planning veloping Natural Water Course Design Guidelines and Land Development Management Plan. 16. Explore program with non - profit youth groups, Service 2012 Planning groups, TVUSD, and SDSU to implement Natural Water TCSD Course Management Plan. 17. Establish a turf retrofit program for City owned proper- 2011 Planning TCSD ties and incorporate projects into the CIP budget. 15 (This page is left blank intentionally) 16 Resources Target TBD upon completion of the Climate Action Plan Locate air quality monitoring sta- tions in the Temecula area Establish future air quality goals based on baseline data 17 Air Resources Action Plan 18 Date to be Responsible Action to be taken accomplished Department 1. Complete greenhouse gas emission inventory and cli- 2010 Planning mate action plan. 2. Evaluate opportunities and work with SCAQMD to estab- 2016 Planning lish an air quality monitoring station (s) within the Te- mecula area. 3. Support South Coast Air Quality Management District 2011 Planning public outreach and education materials on City's web - site. 18 Waste Management Reduce waste by using natural resources wisely • Success Indicators Pounds per person Baseline: 7.5 Ibs /per /person (2010) Target: • Meet new State mandate (SB1016) of 7.5 Ibs /per /person by 2010 • 20% better than the State Man- date by 2015 • 30% better than the State Man- date by 2020 • Zero Waste by 2050 (Target is con- sistent with State objective) Policies that support green pur- Target: chases • Adopt green purchasing policy by 2011 19 Waste Management Action Plan 20 Date to be Responsible Action to be taken accomplished Department 1. Evaluate and work with school district to establish a pi- 2012 Planning lot composting and organic garden program for yard TCSD waste and food waste at school sites. 2. Evaluate the expansion of a food waste recycling pro- 2013 TCSD gram for the City. Coordinate analysis with CR &R. 3. Evaluate adopting a plastic grocery bag policy. 2011 TCSD 4. Evaluate and work with CR &R to establish a large waste 2012 TCSD generator recycling program within the City. 5. Review existing construction and demolition (C &D) 2012 TCSD waste recycling policies and consider new ways to im- prove C &D recycling efforts to increase the amount of C &D waste materials to be recycled. 6. Support legislation that encourages or requires manu- Ongoing Planning facturers to incorporate product lifecycle and re -use TCSD technologies into the manufacturing process. 7. Evaluate and establish green purchasing policies and 2011 Finance incorporate into bid specs for vendors. 8. Consider using the Business License renewal process to 2012 Planning encourage businesses to adopt green purchasing prac- Finance tices. 20 Improve mobility throughout the community >uccess Indicators Travel time and distance from neighborhoods to activity Nodes An interconnected network of side- walks, bike paths, multipurpose trails, with access to transit Target: -MMON01mr • All residents within 1/4 mile or 10 minutes walking distance of an ac- tivity node Target: • Pedestrian Performance Measures by 2012 • Bicycle Performance Measures by 2012 • Transit Performance Measures by 2012 • Complete the Multi -use Trails and Bikeways Master Plan: Class I Bike Lane /Trails by 2030 Class II Bile Lanes by 2025 Percent of trips by mode of transpor- Target: tation • Baseline trip distribution for each mode of transportation by 2012 • Target trip distribution for each mode of transportation by 2013 Pavement Condition Index Completion of Ynez Road, Diaz Road, Butterfield Stage Road, Western By- pass, Eastern Bypass, Rancho Way, and French Valley Parkway Target: • Establish Pavement Condition In- dex for transit corridors by 2012 to ensure existing roadway pavement along designated transit corridors is appropriately maintained Target: • Completion of identified roadways is dependent on rate of develop- ment and funding availability 21 Transportation Action Plan 22 Date to be Responsible Action to be taken accomplished Department 1. Evaluate potential areas, such as the Jefferson, Ynez To be completed Planning and Margarita Corridors, for mixed -use and /or transit with the General Public Works oriented development and amend Land Use and Zoning Plan Update RDA as necessary. 2. Evaluate policies that support higher density, transit To be completed Planning oriented development and infill development, which re- with the General Public Works duce vehicle miles traveled on the roadways. Plan Update 3. Participate in the Smart Growth Concept Map study. 2012 Planning Use the Smart Growth Concept Map study to comply Public Works with the Sustainable Communities Strategy requirement of SB 375. 4. Identify and evaluate north /south and east /west trans- To be completed Planning portation corridors to include in a "complete street' with the General Public Works planning study. Plan Update 5. Ensure pedestrian and bicycle access is provided at end Ongoing Planning of cul -de -sacs. Public Works 6. Evaluate policies for development that orient develop- 2012 Planning ment toward and allow pedestrian access to water- courses. 7. Evaluate pedestrian and bicycle route design guidelines, 2012 Planning and performance measures. Public Works 8. Coordinate with RTA and neighboring jurisdictions to Ongoing Planning locate a transit center within the area, and to improve transit opportunities. 9. Work with RTA to improve connections between Ongoing Planning neighborhoods and commuter bus lines. Public Works 10. Evaluate "complete street' standards for designated To be completed Planning roadways. with the General Public Works Plan Update 22 Transportation Action Plan 23 Date to be Responsible Action to be taken accomplished Department 11. Evaluate and update if necessary, the City's Trip Reduc- 2013 Planning tion Ordinance. Public Works 12. Support Rideshare opportunities between the Western Ongoing Planning Riverside County region and San Diego County region. Human Re- sources 13. Evaluate and establish Pavement Condition Index for 2012 Public Works the pavement management and maintenance of transit corridors. 14. Evaluate and amend pavement maintenance policies for 2013 Public Works transit corridors and incorporate funding priorities into the Capital Improvement Program. 15. Coordinate the transportation subcommittee efforts with Ongoing Planning transportation agencies and neighboring jurisdictions to Public Works complete critical street connections within the greater Temecula area. 16. Evaluate establishing a Neighborhood Electric Vehicle 2012 Planning (NEV) network that would enable the use of smaller, Public Works more energy efficient vehicles in appropriate areas of the City. 17. Identify remaining incomplete segments of Class I Bike 2011 Planning Lanes /Trails and Class II Bike Lanes and incorporate TCSD projects into the CIP budget. Public Works 23 (This page is left blank intentionally) 24 no Acquire and protect open space areas within the City and its Sphere of In- Success Indica Percent of open space Baseline: T 15% (2,951 acres) of all land within City boundary is currently designated as open space (2008) Target: • 30% of all land within City bound- ary designated as open space by 2030 MSHCP Linkages and Core Habitat Target: areas • Minimize development within Link- age and Core Habitat areas Protection of trees throughout the Target: City • Urban Forest Program by 2015 Preservation of the Escarpment Area Baseline: 113 acres (Acquired) Target: • Protection of approximately 500 acres Number of, or acres of public space/ Target: plazas • Target TBD with General Plan up- date 25 Open Space Action Plan 26 Date to be Responsible Action to be taken accomplished Department 1. Implement escarpment preservation plan. 2011 Planning 2. Annex areas within Sphere of Influence when they are Ongoing Planning economically feasible and protect and maintain open space areas within the annexed areas (specifically the Escarpment, Santa Margarita Ecological Preserve, and Johnson Ranch). 3. Evaluate adopting a "Cluster Ordinance" to encourage 2011 Planning preservation of additional open space in applicable zones. 4. Work with non - profit youth groups, service groups, 2012 Planning TVUSD, and SDSU to maintain trails and trail heads TCSD within natural open space areas. 5. Map MSHCP Core Habitat and Special Linkages within 2011 Planning the City and evaluate development policies that encour- GIS age preservation of these areas. 6. Establish appropriate target for desired public space in 2013 Planning non - residential zoning districts. 7. Evaluate appropriate development standards to achieve 2013 Planning target. 8. Evaluate establishing a Community Garden program. 2012 TCSD 9. Evaluate participation in the Tree City USA program. 2013 Planning TCSD Public Works 10. Expand existing Trees for Temecula street tree planting Ongoing Public Works program. 26 Community Outreach Increase awareness and engage the community about green principles and 27 Community Outreach Action Plan 28 Date to be Responsible Action to be taken accomplished Department 1. Utilize existing resources (Channel 3, Business license Ongoing Planning renewal, City Newsletter, etc.) to provide information to City Manager's the public about sustainable practices. Office TCSD Finance 2. Develop and maintain green webpage to provide infor- Ongoing Planning mation to the public about sustainable practices and TCSD actions of the City. Information Systems 3. Coordinate with the Library and The Children's Museum 2011 then ongoing Planning to develop sustainability displays and events. TCSD 4. Provide sustainability information to the public during 2011 then ongoing Planning Community Services Expo. TCSD 5. Coordinate with TVUSD to promote sustainable prac- Ongoing Planning tices. 6. Develop outreach materials that can be attached to de- 2011 the ongoing Planning velopment applications, and distributed at City facilities and at City events. 7. Coordinate with and promote utility company rebate, Ongoing Planning incentive, and assistance programs. 8. Coordinate with resource agencies and utilize existing Ongoing Planning outreach materials where available. 9. Coordinate with existing professional and non - profit or- Ongoing Planning ganizations to share information about sustainable prac- tices. 10. Coordinate Citywide Sustainability event for the resi- 2012 All dents and and businesses of the community. ments 28 Glossary Alternative Fuel Vehicle: a vehicle that runs on a fuel other than "traditional" petroleum fuels (petrol or diesel) and includes any technology of powering an engine that does not involve solely petroleum (e.g. electric car, hybrid electric vehicles, solar powered, etc). Advanced Technology Vehicles: vehicles that use non - traditional power sources such as electricity using ad- vanced battery storage, fuel cell technology, compressed air, and may include hybrid electric vehicles. Alternative Modes of Transportation: alternative modes of transportation include public transit (bus or rail), bicycle, or walking. Activity Node: a central point of interest where smaller -scale business activities that generally provide retail, con- venience services, and entertainment for local residents in surrounding neighborhoods and is easily accessible by all modes of transportation. Best Management Practices (BMP): structural or engineered control devices and systems (e.g. retention ponds) to treat polluted stormwater, as well as operational or procedural practices (e.g. minimizing use of chemical fertiliz- ers and pesticides). Green Building: also known as and green construction or sustainable building, is the practice of creating struc- tures and using processes that are environmentally responsible and resource - efficient throughout a building's life - cycle: from siting to design, construction, operation, maintenance, renovation, and deconstruction. Green buildings are designed to reduce the overall impact of the built environment on human health and the natural environment. California Friendly Landscaping: water - efficient landscaping through the use of native and other low -water use plants and water efficient devices. California Green Building Standards: also known as CALGREEN, these new standards require all new buildings in the State to be more energy efficient and environmentally responsible by achieving major reductions in green- house gas emissions, energy consumption and water use. The new standards take effect on January 1, 2011. California Environmental Quality Act (CEQA): a California statute passed in 1970 (shortly after the United States federal government passed the National Environmental Policy Act (NEPA)) to institute a statewide policy of environmental protection. All activities defined as a "project" that are not exempted by CEQA are required to un- dergo environmental analysis consistent with CEQA guidelines. Capital Improvement Program (CIP): a five year budget planning tool, which establishes priorities for capital expenditures within the City for land and right -of -way acquisition, design, construction or rehabilitation of public buildings or facilities, public infrastructure design and construction , park design and construction, and redevelop- ment projects. Clean Energy Generation: renewable distributed generation of electricity generated by solar photovoltaic, wind, geothermal, fuel cells, or other advanced technology at or near the location where that electricity will be used. Clean energy generation for purposes of this document does not include electricity generated by gasoline, diesel, or coal powered generators. Climate Action Plan: a set of strategies intended to guide community efforts for reducing greenhouse gas emis- sions. Compressed Natural Gas (CNG): a fossil fuel substitute for gasoline, diesel, or propane fuel. Although its com- bustion does produce greenhouse gases, it is considered a more environmentally clean alternative to those the other fossil fuels. CO, NOx, SOx, ROG, VOC, SO,, and Ozone: common air pollutants of concern. The pollutant list consists of ozone, carbon monoxide (CO), nitrogen oxides (NOx), sulfur oxides (SOx), raw organic gases (ROG), volatile or- ganic gases (VOC), sulfur dioxide (SO2) and ozone. The Environmental Protection Agency (EPA) sets the specific levels, or primary standards, for these pollutants at levels EPA considers low enough to protect human health, and members of sensitive populations. 29 Glossary CO2: carbon dioxide (CO2) is a naturally occurring gas that is a byproduct of burning fossil fuels and biomass, land - use changes, and other industrial processes. CO2 is used as the reference gas against which the other greenhouse gases are measured since it has the smallest global warming potential. COTE: equivalent carbon dioxide (CO2E) is a universal unit of measurement used to indicate the global warming potential of each greenhouse gas. CO2 emissions are reported in CO2E. The global warming impact of all green- house gases is measured in terms of equivalency to the impact of carbon dioxide (CO2) via global warming poten- tials. For example, one million tons of emitted methane, a far more potent greenhouse gas than carbon dioxide, is measured as 23 million metric tons of CO2 equivalent, or 23 million MtCO2E. Complete Street: a street that is designed and operated to enable pedestrians, bicyclists, motorists and transit riders of all ages and abilities to safely move along and across. Community Garden: a piece of land managed and maintained with the active participation of local gardeners themselves, rather than tended only by a professional staff to typically encourage food production by providing gardeners a place to grow vegetables and other crops. Construction and Demolition Waste: consists of unwanted material produced directly or incidentally by the con- struction. This includes building materials such as insulation, nails, electrical wiring, rebar, bricks, concrete and wood. CR &R: the City's franchised waste hauler. Cluster Ordinance: development standards, which allow the grouping of residential properties on a proposed de- velopment site in order to use the extra land as open space, recreation or agriculture, thereby protecting it from future development. Dark Sky Compliant: the use of outdoor light at night only when and where it is needed and at appropriate light- ing levels. This may include lighting that is fully shielded, light efficient fixtures aimed directly at the ground, or timers and sensors to shut off lights when not needed. Energy Star: a standard for energy efficient consumer products. Products carrying the Energy Star logo generally use 20 % -30% less energy than required by federal standards. Escarpment Area: generally known as the western escarpment area. This area includes the slopes and ridgeline west of the Murrieta Creek. Greenhouse Gas: natural and manmade gases in the earth's atmosphere that allow incoming solar radiation to pass through the atmosphere and warm the earth but trap radiant heat given off by the earth. The radiant heat absorbed by these gases heats the atmosphere. This is a natural process known as the "greenhouse effect" that keeps the earth habitable. The four primary greenhouse gases are carbon dioxide (CO2), methane (CH,), nitrous oxide (N20) and chlorofluorocarbons (CFCs). Since the onset of the industrial period, human activities have lead to sharp increases in the levels of GHGs in the atmosphere, enhancing the greenhouse effect and contributing to rising global temperatures. Greenhouse Gas Emissions Inventory: an estimation of greenhouse gas emissions resulting from human activ- ity, typically quantified in terms of emissions generated by government operations and /or emissions generated by a community as a whole. Groundwater Recharge Areas: an area designated and protected to allow the downward movement of surface water through hydrologic processes to groundwater. HCF: hundred cubic feet. HVAC: Heating, Ventilation and Air Conditioning 30 Glossary Hybrid Vehicle: a vehicle that uses two or more distinct power sources to move the vehicle, typically referring to hybrid electric vehicles, which combine an internal combustion engine and one or more electric motors. Kilowatt Hours (kWh): a unit of energy equal to 1000 watt hours. Low Impact Development (LID) Standards: a term used to describe a land planning and engineering design approach to managing stormwater runoff. LID emphasizes conservation and use of on -site natural features to pro- tect water quality. Non - essential Turf: ornamental grass that is intended for active recreational use or which provides a cooling function to an adjacent area. Open Space: all land uses defined as open space in the Open Space /Conservation Element of the City of Temec- ula General Plan. This includes active and passive parks, golf courses, water courses, and other natural open space areas within the City. Pavement Condition Index: a numerical index between 0 and 100 used to indicate the condition of a roadway based on a visual survey of the pavement. PM -10 and PM -2.5: particulate matter (PM) or fine particles, are tiny subdivisions of solid or liquid matter sus- pended in a air. PM 10 refers to particles that are 10 micrometers or less in size, whereas PM 2.5 refers to particles of 2.5 micrometers or less. Multi Species Habitat Conservation Plan (MSHCP): a comprehensive, multi - jurisdictional Habitat Conservation Plan (HCP) focusing on conservation of species and their associated habitats in western Riverside County. with the overall goal of maintaining biological and ecological diversity within a rapidly urbanizing region. Potable Water: water of sufficiently high quality that it can be consumed or used without risk of immediate or long term harm. Reclaimed Water: also referred to as "recycled water." It is former wastewater (sewage) that has been treated to remove solids and certain impurities, and then used in landscaping irrigation or to recharge groundwater. RTA: Riverside Transit Agency. SDSU: San Diego State University. Smart Growth Concept Map: a planning effort, which includes both land use and transit planning components focused on identifying smart growth opportunities centered on the I -15 and I -215 freeway corridors in the cities of Lake Elsinore, Murrieta, and Temecula, and is anticipated to serve as the foundation for developing a sub regional Sustainable Communities Strategy for the next update of the Regional Transportation Plan, as required by Senate Bill 375 (2008). Stormwater Runoff: also referred to as "urban runoff." Impervious surfaces (parking lots, roads, buildings, com- pacted soil) do not allow rain to infiltrate into the ground, resulting in more runoff generated than in the undevel- oped condition. Daily human activities result in deposits of pollutants on roads, lawns, roofs, farm fields, etc. When it rains or there is irrigation, water runs off and ultimately makes its way to a river, lake, or the ocean, carrying pollutants with it. Sustainable Communities Strategy: one of the components of Senate Bill 375, which requires metropolitan planning organizations to include sustainable communities strategies in their regional transportation plans for the purpose of reducing greenhouse gas emissions, aligns planning for transportation and housing, and creates speci- fied incentives for the implementation of the strategies. SCAQMD: South Coast Air Quality Management District. Therms: a term used to express the conversion of the volume of gas used into its heat equivalent TVUSD: Temecula Valley Unified School District 31 Glossary Urban Forest Program: a program which helps enhance tree knowledge, their growth, and their benefits within a city, such as beautification, reduction of the urban heat island effect, reduction of stormwater runoff, reduction of air pollution, reduction of energy costs through increased shade over buildings and other hard surfaces which ab- sorb heat, enhancement of property values, improved wildlife habitat, and mitigation of overall urban environ- mental impacts. USGBC LEED: United States Green Building Council, Leadership in Energy and Environmental Design. A rating system developed by the USGBC that sets definitive standards for what constitutes a green or environmentally preferable building. It evaluates environmental performance of the entire building over the building's life cycle. LEED certifications are awarded at various levels (certified, silver, gold, and platinum) according to a point based scoring system. Water Quality Management Plan (WQMP): a special engineering study that identifies potential impacts to local creeks caused by a project's post- construction stormwater runoff. It also provides a step -by -step guide to de- sign effective combinations of post- construction BMPs that meet local, State, and Federal regulations. Zero Waste: a philosophy that encourages the redesign of resource life cycles so that all products are reused, so that any trash sent to landfills is minimized. 32 Item No. 33 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Susan W. Jones, City Clerk/Director of Support Services DATE: June 22, 2010 SUBJECT: Planning Commission Appointments PREPARED BY: Cheryl Domenoe, Administrative Assistant RECOMMENDATION: Appoint two applicants to serve full three -year terms on the Planning Commission through June 15, 2013. BACKGROUND: The term of Commissioners Stan Harter and John Telesio expired on June 15, 2010. The City Clerk's office has followed the Council's established procedure for filling Commission vacancies by advertising the opening in the local newspaper. Notices were also posted at various locations within the City and on the City's Web page. When the deadline was reached for accepting applications, the applications were forwarded to the subcommittee comprised of Mayor Comerchero and Council Member Naggar for review and recommendation. Both Mayor Comerchero and Council Member Naggar have recommended the reappointment of Commissioner Stan Harter and Commissioner John Telesio to serve full three -year terms through June 15, 2013. All applicants are registered voters and live within the city limits of the City of Temecula. Attached are copies of the applications that were received by the filing deadline of June 2, 2010 FISCAL IMPACT: None ATTACHMENTS: Seven (7) Applications for Appointment City of Temecula 06 -02 -10 A10:38 i 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694 -6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula JUN -22010 fi- !:l -ERv.S DEPT, Please caeca one: 0 Planning 0 Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident 21 Are you a City Registered Voter? yes NAME: Richard W. Barrera OCCUPATION: sales ADDRESS: 45639 Corte Lobos T2Mt Cq i q (A 1 LSq DAYTIME PHONE: 951 - 541 -4600 EVENING PHONE: 951- 541 -4600 EMPLOYER NAME: Altura Credit Union EMPLOYER ADDRESS: 44575 Avenida De Missions, Temecula E -MAIL deklifeguy@yahoo.com Educational Background /Degrees: Real Estate Courses at Harbor JC in LA, Real Estate Lic. from 1984 - 1996, Notary Lie. 1991 - 2012, Securities Lie 6 1994-2002 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, volunteer groups, non - profit organizations, service clubs, etc.): Past Temecula & Murrieta Chamber of Commerce Ambassador, 2010 Board of Realtors Affiliate Chairman, 2006 - 2010 Balloon & Wine Festival Volunteer, 2005 Temecula Film Festival Volunteer, 1996 Special Olympics Spoke person p State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) 1 have been in the Valley since 1989 as a resident and business owner, I've argued for and against many RE Projects before the counsel. My goal would be to keep any projects ascetically pleasing to the community. Being a long term resident i take great pride in the City of Temecula and would be honored to serve on the Commission Board. I understand that any or all information on this form may be verified. I consent to the release of Date Q 17�� Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.cityoftemecula.org (951) 694 -6444 06- 02- IOA09:15 RCVD Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please cheek one. 0 Planning 0 Community Services Public Traffic Safety Number of years as a City of Temecula Resident 19 Are you a City Registered Voter? YES NAME: Charles Coe OCCUPATION: Handyman Business Owner ADDRESS: 30554 Greenwav Circle, Temecula, 92592 DAYTIME PHONE: 951 -587 -5847 EVENING PHONE: 951- 676 -7408 EMPLOYER NAME: The Honey Dudes EMPLOYER ADDRESS: 30554 Greenway Circle, Temecula, 92592 E -MAIL temchuck@=fii1ink.net Educational Background /Degrees: Paramount HS - Diploma, Compton College, Toledo University List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Temecula Public /Traffic Safety Commission - 9 yrs List any organizations to which you belong (professional, technical, volunteer groups, non - profit organizations, service clubs, etc.): None at this time. Recently resigned from Shakespeare In The Vines organization in Temecula. (President for 4 years) State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) My response to this question when applying to Traffic Commission in 1992 was "I know I can make a difference ". During my 9 years I did make a difference. Two examples. 1. The current weight limit on Rainbow Canyon road from I understand that any or all information on this form may be verified. I consent to the release of this information for publics� I formation purposes. Signature: (� G; %zlil � 62 Date: Please return to: City Clerk's Office, 43200 Business Park Drive (95 94 -6444 (O Mail to: P.O. Box 9033, Temecula, CA 92589 -903 PLEASE BE AWARE OF THE ADVERTISED DEADLINE My response to this question when applying to Traffic Commission in 1992 was "I know I can make a difference ". During my 9 years I did make a difference. Two examples. 1. The current weight limit on Rainbow Canyon road from approximately the County line to Pechanga Parkway was suggested by me after I interviewed many residents along that stretch. 2. 1 was the first person to suggest the re- naming of State Hwy 79. Our commission discussed the matter, and Marty Lauber, City Traffic Engineer at that time began an investigation with the State of California as to its feasibility. The front page of The Californian, Sunday, Oct 23, 1994 has my picture holding a Temecula Hwy sign under a Hwy 79 sign with an accompanying article. After leaving the Traffic Commission I believed the best way for me to continue to serve Temecula would be on the Planning Commission, as two of my former Traffic Commissioners, Ron Guerriero and John Telesio have done. I have previously applied for the Planning Commission, and although I was not selected at that time I did receive positive emails from several members of this City Council encouraging me to keep applying as my time would come. For proper consideration, you must currently be a resident of the �E/VED City of Temecula and a Registered Voter within the City Limits of the City of Temecula j N 0 1 20M Clry c Please cheek one: 0 Planning Community Services Public Traffic ftv. Number of years as a City of Temecula Resident to Are you a City Registered Voter? Yes NAME: Stanley A. Harter OCCUPATION: Attorney ADDRESS: 40305 Odessa Drive, Temecula, C 92591 DAYTIME PHONE: 951- 682 -1771 EVENING PHONE: 951- 699 -3115 EMPLOYER NAME: Reid & Hellyer, APC EMPLOYER ADDRESS: 3880 Lemon St, Fifth Fir, Riverside, CA 92502 E -MAIL shmu@rhlaw.com Educational Background /Degrees: BS Brigham Young University, Provo, UT (1983); J.D (cum laude), California Western School of Law (1985); LL.M. Taxation, University of San Diego (1987) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Temecula Planning Commission since July 2005 List any organizations to which you belong (professional, technical, volunteer groups, non - profit organizations, service clubs, etc.): Please see attachment. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) I believe my training and experience in legal and real property matters and my experience on the Temecula Planning Commission can add to the expertise of other commission members to benefit the City and residents of Temecula. I understand that any or all information on this form may be verified. I consent to the release of this information Tbr public information purposes. Date: 06 -01 -10 return to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Stanley A. Harter 06 -01 -10 List any organizations to which you belong (professional, technical, volunteer groups, non - profit organizations, Service clubs, etc.): Member California State Bar; member and former director of San Bernardino County Bar Association; member of Riverside County Bar Association; member and director of Southwest California Economic Development Corporation; former chairman of Business Relations Committee for Southwest California Economic Development Corporation; member, director and Chairman of the Temecula Valley Chamber of Commerce. City of Temecula 43200 Business Park Drive Temecula, CA 92590 www.ci4 ofternecula.org (951) 694 -6444 06-02 -10 A09 :55 IN Commission Appointment Application eIVED For proper consideration, you most currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula �UN-22010 fY CLt6P.ltS DEPT. P/maee Check onw © Planning 0 Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident 10.5 Are you a City Registered Voter? yes NAME: Dave Lenderink OCCUPATION: Ge=w caaaactar ADDRESS: 45303 Vista Verde Temecula CA 92592 DAYTIME PHONE: 951 -271 -0800 EVENING PHONE: 951 - 303 -1993 EMPLOYER NAME: Lexington Homes EMPLOYER ADDRESS: 45303 Vista Verde E- MAIL �►� Educational Background/Degrees: College Education with Degree in Architectural Drafting List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Volunteer Fire Fighter/ City of Temecula List any organizations to which you belong (professional, technical, volunteer groups, non -profit organizations, service clubs, etc.): See above Rancho Community Churchtfanning project O State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and/or references are encouraged.) I'm a proud citizen of Temecula for the past ten and a half years. I would like to be a part of the city planning commission to be involved in the future development of this great city. I understand that any or all information on this forth may be verified. l consent to the release of this information for public information purposes, yes re: % /�/' = % �P'��,A� =�� Date: 6 Z 2 U Please return to City Clefk's Office, 43200 Business Park Dnve (951) 64-6,44 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE 05 -02 -70 P07 :29 iN City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694 -6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please check one. 0 Planning 0 Community Services 0 Public Traffic Safety Number of years as a City of Temecula Resident 6vrs Are you a City Registered Voter? Yes NAME: HOWARD H SMITH OCCUPATION: SOF "FWARE ENGINEER ADDRESS: 42554 DRENNON COURT DAYTIME PHONE: 6192533881 EVENING PHONE: 9513030643 EMPLOYER NAME: AMERICAN SPECIALTY HEALTH INC. EMPLOYER ADDRESS: 777 FRONT STREET SAN DIEGO CA 92101 E -MAIL ho v jds@aslmcoan Educational Background /Degrees: MBA - Global Business BS - Information Systems List any City or County Board, Committee or Commission on which you have served and the year(s) of service: N/A List any organizations to which you belong (professional, technical, volunteer groups, non - profit organizations, service clubs, etc.): ISACA - Information Systems Audit and Control Association State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) Understanding business and having taught global business, I see great opportunities to entice international businesses to Temecula. I hope to work with Commission members to market Temecula to the world; especially our wine industry. I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Yes Z. Date: 0 G- 0')— —' �_O i v Please return to: Gity Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE RECEIVED 2 MAY 2 0 20TC City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Application (951) 694 -6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please check one, 0 Planning 0 Community Services Public Traffic Safety Number of years as a City of Temecula Resident 30 Are you a City Registered Voter? Yes NAME: John H. Telesio OCCUPATION: Retired ADDRESS: 31760 Via Telesio Ten 'J' CA c 2 " 1 ')� DAYTIME PHONE: 951- 676 -3187 EVENING PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: Educational Background /Degrees: E -MAIL itelesioggmailsom Master of Public Administration, CSUSB, Master of Science, Systems Management, USC, B. A., Social Studies /History, CSULA List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Member and past Chair, Temecula Public/Traffic Safety Commission, 1997 -2000, Member and Past Chair, Temecula Planning Commission, 2000 - Present, Member, Temecula Citizens General Plan Review Committee, 2004 -2005. List any organizations to which you belong (professional, technical, volunteer groups, non - profit organizations, service clubs, etc.): American Planning Association, Military Officer's Association of America, VFW, Temecula Post4089, Volunteer,Temecula Balloon and Wine Festival, Volunteer, Susan B. Komen Race for the Cure. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) Please see attached I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Date: 0511512010 Please ret&n to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE John H. Telesio Planning Commission Application- Continued State why you wish to serve on this commission and why you believe you are qualified for the position: I believe I have the education, experience, time desire and the demonstrated record of sound judgment and commitment necessary to perform at the level required of this important position. I take this work very seriously and plan my personal schedule around meeting dates. I have had only two excused absences (a death in the family and my own emergency surgery) over my nearly 13 years of commission service. I consider it a privilege to serve my city in this capacity and would be honored by the opportunity to continue doing so. With regard to letters of recommendation or references, I am content to rely on the collective judgment of the City Council as well as that of the planning staff as to my record of performance and suitability for reappointment. City of Temecula 43200 Business Park Drive Commission Appointment Temecula, CA 92590 www.cityoftemecula.org Appiieation (951) 694 -6444 For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula Please check one: ✓ Planning Community Services Public Traffic Safety Number of years as a City of Temecula Resident I G Are you a City Registered Voter? Y� 5 NAME: K O N ETH C.' 1 U R hl c r"- OCCUPATION: 2tf r I IZED ADDRESS: 3 t 335 13L-u cc5CE C l-1 Co U R2`( DAYTIMEPHONE: `A51 C�7G 69 03 EVENINGPHONE: 151 676 6943 EMPLOYER NAME: N /A EMPLOYER ADDRESS: is /A E -MAIL K e -f' u r n 4 r 1 e Educational Background /Degrees: MA ?1-1 , i5Q 6 , �# Sci , CuA SSe:-S ® Pl EIZGE CU�Le <i C List any City or County Board, Committee or Commission on which you have served and the year(s) of service: NONE List any organizations to which you belong (professional, technical, volunteer groups, non - profit organizations, service clubs, etc.): .5o6- pr"rT AC I4 M (: "_r r 17)0 YI.Co m State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific.(You may attach a separate sheet of paper if necessary. Letters of recommendation and /or references are encouraged.) SEE ATTA -G It M e-,NJJ- I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. F �162L. Date: �,1 /to Please return to: City Clerk's Office, 43200 Business Park Drive (951) 694 -6444 (OR) Mail to: P.O. Box 9033, Temecula, CA 92589 -9033 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Resume Kenneth E. Turner Past Organizations. Windsor West Home Owners Association Served in the following positions: - President Treasurer Secretary San Fernando Valley R/C Flyers Served in the following positions: - President Vice President Event Director Raffle Chairman Temecula Valley Computer Users Group Served in the following positions: - President Vice President Secretary Instructor Presently an active member Temecula Valley Flyers Served in the following positions: - President Vice President News Letter Editor Raffle Chairman Membership Chairman Presently Past President Reasons to become a member of the Planning Commission. I believe that with my life experiences and my engineering background, I have the attributes to look at a problem and come up with the best, simple, least costly solution. This city needs this type of approach in these economic times. Kenneth E Turner May 30, 2010 Honorable City Council Members City of Temecula Temecula, California 92592 Regarding: Kenneth Turner Applicant for membership to the Temecula Planning Commission It has been a privilege to know Kenneth Turner and his wife Elaine for more than ten years now. I first met Ken Turner in the Temecula Valley Computer User Group and attended several classes he taught in computer techniques. He served as president and other officer positions on the board of directors over several years. Ken has been involved in community service a good part of his life. He served as president and other officer positions on his local Home Owner's Association several years ago. He has been involved for a number of years in a local Flying Club serving wherever needed. Before coming to California, Ken retired honorably from the Royal Canadian Air Force. Ken Turner has the qualities needed to serve well on the Planning Commission. With his ability to work well with everyone, his experience as a mechanical engineer, and his long -time community service, I think Ken has demonstrated his ability to make decisions after reviewing all the facts and act on them appropriately. As a former Orange County Mayor (City of Cypress), I can say that Ken Turner is definitely the quality of individual that we would have been proud to have involved in our City. Sincerely, Margaret Bingham 24531 Avenida Arconte Murrieta, CA 92562 951 677 -1028 Temecula Planning Commission City of Temecula 43200 Business Park Dr Temecula, California 92589 Dear Commission Members, CHARLES MONICA 95 1.764.7057 May 27, 2010 I am pleased to hear Kenneth Turner is seeking a position on the Temecula Planning Commission and wanted to write a letter in support of your giving careful consideration to bringing him on your team. Ken Turner is an honest, level headed, open minded individual who is receptive to new ideas and thinking out of the box. These qualities are complimented by his engineering background which provides Ken with a focused systematic approach to situations coupled with an incredible attention to detail. Too often individuals who demonstrate highly disciplined instincts seem to come up short in the ability to thoughtfully consider other's contributions. Ken brings both attributes to the process. Ken is extremely thoughtful, personable, and patient. I could not think of another person more perfectly suited for a position on our Planning Commission. Please call me if you would like to discuss any of this in detail. Sincerely yours, _ COLDWELL BANKER RESIDENTIAL BROKERACiE 32675 TEMECULA PARKWAY, SUITE. A - Temecula California. 92592 e*ws. charlcsmon i ca. com DELVINA M. FIDUCIA. (951) 676 -1333 42224 Roanoake Street, Temecula, California 92591 City of Temecula Temecula Planning Commission 43200 Business Park Drive Temecula, CA 92590 Dear Commission Members; As a 22 -year resident of Temecula, it has been my pleasure to know and work with Ken Turner for the past 15 years. He is my recommendation for a position on the Temecula Planning Commission. We have served on the Temecula Valley Computer User Group as board members and officers. When Ken served as president of TVCUG he showed exceptional organizational skills and decision - making ability when running board meetings while keeping discussions on point and always moving forward. In addition, as TVCUG president, Ken had the respect of the membership and could persuade others to step up and take a more active role in the organization. He has been a regular contributor to our newsletter with many articles reviewing software and computer- related advances. I am proud to live in the fine City of Temecula and I know Ken Turner has the skills to help our city keep its fine reputation in our valley. He would be an asset to the planning commission. If you have any questions, please do not hesitate to contact me. Sincerely, Delvina Fidueia 5858 N. Honeysuckle Rd Prescott, AZ 86305 May 27, 2010 Temecula Planning Commission Temecula, CA Dear Sir /Madam: I want to take this opportunity to wholeheartedly and without reservation recommend Mr. Kenneth Turner for a position on the Temecula Planning Commission. I have personally known Ken for the past 25 years and can personally vouch for his integrity, honesty and high moral standards. While I no longer live in the Temecula area of Southern California, we have maintained a close personal, and regular relationship since my departure from the area. Ken is extremely civic minded and continually involves himself in organizations which enhance the City of Temecula. He is extremely intelligent and weighs each and every decision thoroughly prior to arriving at a conclusion. The stature of the Planning Commission can not help but be greatly enhanced by his membership. Sincerely, S/T Thomas J. Jeffrey Telephone: 928 708 0898 EMAIL: tomjjeffrey @q.com 5/27/2010 42224 Roanoake Street, Temecula, California 92591 'U u( tW 2 8 2010 City of Temecula Temecula Planning Commission 43200 Business Park Drive Temecula, CA 92590 Dear Commission Members; As a 22 -year resident of Temecula, it has been my pleasure to know and work with Ken Turner for the past 15 years. He is my recommendation for a position on the Temecula Planning Commission. We have served on the Temecula Valley Computer User Group as board members and officers. When Ken served as president of TVCUG he showed exceptional organizational skills and decision - making ability when running board meetings while keeping discussions on point and always moving forward. In addition, as TVCUG president, Ken had the respect of the membership and could persuade others to step up and take a more active role in the organization. He has been a regular contributor to our newsletter with many articles reviewing software and computer - related advances. I am proud to live in the fine City of Temecula and I know Ken Turner has the skills to help our city keep its fine reputation in our valley. He would be an asset to the planning commission. If you have any questions, please do not hesitate to contact me. Sincerely, Delvina Fiducia 9]01 V_1:MIA101 Allk I REPORTS Item No. 34 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: June 22, 2010 SUBJECT: Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of May, 2010. CURRENT PLANNING ACTIVITIES New Cases The Division received 55 new applications for administrative, other minor cases, and home occupations including 9 applications for public hearings during the month of May. Special Projects & Long Range Planning Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: Temecula Regional Hospital — This project was approved by the City Council on January 22, 2008. The approval of the Development Plan and Conditional Use Permit for the project would expire on January 22, 2010, however on December 30, 2009 the applicant submitted an application for a one year extension of time and Council approved this extension on January 26, 2010. Staff met with the applicant on February 1, 2010 at the applicant's request to discuss grading plan, Water Quality Management Plan, traffic signal plan, and median plan submittal requirements. Staff also made clear the Council's expectation for grading plan and building plan submittals and timing for the start of construction at the February 1 meeting as outlined in the time extension granted by Council on January 26, 2010. Staff received updated rough grading plans on February 18, 2010 and Street improvement plans, precise grading plans, and a Water Quality Management Plan were submitted on April 15, 2010. Staff continues to await submittal of the developer's agreements with the Pechanga Tribe to address EIR mitigation requirements. The applicant has indicated that a Major Modification application will be submitted in June, 2010, to reduce the number of hospital beds in the first phase from 178 beds to 140 beds and to change the construction of the building from concrete to framed construction. (FISK) General Plan Housing Element Update — Staff submitted the final draft Housing Element to HCD on April 9, 2009, and HCD completed its review on June 9, 2009. Comments received on the final draft contained a handful of suggested corrections and sample language to add to the Housing Element. Staff completed an initial study and circulated a Negative Declaration for a 30 -day public review and comment period from July 31, 2009 through August 31, 2009. A Planning Commission hearing was held on September 2, 2009, and the Commission recommended that the City Council approve the Housing Element Update and adopt the Negative Declaration. City Council adopted the Housing Element on November 10, 2009 and the Housing Element was submitted to HCD for a 90 -day Certification review. HCD completed its review on February 17, 2010, and requested further revisions in orderto fully comply with State housing element law. Staff addressed the latest comments and received an acceptance letter from HCD on June 4, 2010. The Housing Element Update is scheduled for Planning Commission on July 7, 2010. (SCHUMA) SCE Triton Substation — The CPUC has granted the City's request for "Party" status in the approval process. Having Party status will ensure that the City will get noticed of all actions involving this case /project, and gives the City the right (versus the privilege) to file comments and participate in the process. In addition to Party Status, staff provided a comment letter on the Draft Mitigated Negative Declaration for the proposed Triton Substation to be located at the southeast corner of Nicolas Road and Calle Medusa in the Nicolas Valley Rural Preservation Area. The City's interests in this matter include ensuring that the proposed Triton Substation does not adversely impact the City of Temecula and its residents, businesses or visitors. Based on substantial inadequacies in the Draft MND, the City requested that the California Public Utilities Commission suspend further consideration of the project and prepare a Draft Environmental Impact Report that fully discloses the potential impacts of the Project and fully complies with all other CEQA requirements. Specifically, the City has contended that Site Alternative B (located further to the west along Nicolas Road) is a superior site and would significantly reduce aesthetic impacts to the Nicolas Valley. The PUC determined that an EIR was not required pursuant to CEQA and released a Final Mitigated Negative Declaration in March 2010; there is no public comment period for this review. City staff reviewed this final CEQA document and believes it is still inadequate in addressing the City's concerns. On April 20, 2010, the City Attorney transmitted a letter to the CPUC Administrative Law Judge requesting a pre- hearing conference to allow the City to further present its position that the Final MND /IS is flawed and legally unsupportable. As of June 4, 2010 we have not received a response to this request. (KITZEROW /PETERS) I -15 Interregional Partnership (I RP) — Staff is working with WRCOG, SCAG, RCTC, RTA, SANDAG, and the Cities of Temecula, Murrieta, and Lake Elsinore on Phase III of the I -15 IRP which includes the development of a Smart Growth Concept Map, which will coordinate land use and transportation decisions to accomplish the goals of SB 375 and AB 32. The Smart Growth Concept Map is intended to fulfill the Sustainable Communities Strategy requirement of SB 375. A draft of the plan has been completed and was presented to the I- 15 Interregional Partnership Policy Committee on December 16, 2009 and to the Policy Committee on March 9, 2010. A second phase to the Smart Growth Concept Map involves expanding the study area to include the Cities of Wildomar, Menifee and Perris. The working group held their first meeting on May 12, 2010. This phase of the project is funded through the SCAG Compass Blueprint program and is scheduled to be completed by June 30, 2010. (WEST) City of Temecula Sustainability Plan — Staff has completed a preliminary draft of the Sustainability Plan and presented it to the Green Technical Advisory Team on May 4, 2010 and then to the City Sustainability Committee on May 13, 2010. The City Sustainability Committee provided minor comments and recommended staff take the draft Plan forward to the City Council for adoption. As part of the adoption schedule, staff presented the draft plan to the Public /Traffic Safety Commission on May 27, 2010 and will present the draft Plan to the Community Services Commission on June 14, 2010 and then to the Planning Commission on June 16, 2010. The City of Temecula Sustainability Plan is scheduled for review by the City Council at their June 22, 2010 meeting. (WEST) • Energy Efficiency and Conservation Block Grant — The City was awarded $940,700 in DOE funds to implement an adaptive traffic signal synchronization project, a municipal facility energy retrofit project, and residential energy efficiency improvement loan project. The projects will begin implementation in Fiscal Year 2010 -2011. (WEST) The Green House Gas (GHG) Emissions Inventory—The Green TAC selected 2007 as the base year for GHG emissions inventory analysis. There are two separate inventories being prepared: 1) a municipal operations inventory and, 2) a communitywide inventory. Staff has worked through the various City Departments to obtain data for the municipal operations inventory, and worked with the utility companies and water agencies for the communitywide inventory. A draft of the municipal operations emissions inventory has been completed. Staff presented the results of the analysis to the Green TAC on January 26, 2010 and has initiated the next steps, which are to select a target emission reduction and identify implementation measures that will achieve the target. The Green TAC established a test target of 15 percent below the 2007 base year. Staff is currently reviewing potential reduction measures to see if a 15 percent reduction in GHG emissions below baseline is feasible. (WEST) Energy Efficiency Loan Programs —Staff is working on two energy efficiency loan programs. The first program is funded through the Energy Efficiency and Conservation Block Grant and will be combined with the Redevelopment Agency Residential Improvement Program to allow residents to make energy efficiency improvements to their homes. The second program is a regional funding program being developed by WRCOG which would allow property owners to apply for a low interest loan to make energy efficient upgrades to their property, similar to the Palm Desert program, as authorized under AB 811. The loans would be assessed to the individuals' property and paid back through the propertytaxes. (WEST) Santa Margarita Area Annexation — On February 23, 2010, the City Council approved resolutions to proceed with a Sphere of Influence amendment and Annexation of approximately 4,510 acres southwest of the City including SDSU's Santa Margarita Ecological Reserve and some hillside residential properties ( "Santa Margarita Area Annexation No. 2 "). Associated Ordinances were adopted at a second reading by the City Council on March 9, 2010 and the applications were submitted March 10, 2010 to the Riverside County Local Agency Formation Commission ( LAFCO). LAFCO has scheduled the public hearing for this project to be heard on June 24, 2010 at 9:30 a.m. (LOWREY /RICHARDSON) • Liberty Quarry Draft Environmental Impact Report —The County of Riverside has released the Draft Environmental Impact Report for Granite Construction's Liberty Quarry Surface Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75 -year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facility with diesel, gas and propane tanks, water tanks, natural gas fuel engines for electric power generation, water and gas lines, settling ponds, truck scales, and truck and equipment parking areas within a 414 acre -site located approximately % mile from the City's southwest boundary within the County of Riverside. The public review and comment period was extended 60 days beyond the original commenting deadline. The City reviewed the Draft Environmental Impact Report and provided comments to the County of Riverside on November 23, 2009. The City is awaiting a response to comments and /or revised and re- circulated EIR from the County. (LOWREY /RICHARDSON) Old Town Specific Plan Update — Staff has worked in conjunction with consulting firms Inland Planning +Design and Fehr and Peers (parking and circulation) to prepare an update to the Old Town Specific Plan that addresses the ten goals and recommendations for Old Town presented to City Council on March 25, 2008. A Draft Program Environmental Impact Report (EIR) has been prepared for the project and the 45 -day EIR public review period concluded on April 14, 2010. Staff presented the draft Specific Plan to the Old Town Local Review Board on April 12, 2010; to the Planning Commission on April 21, 2010; and to City Council on May 11, 2010. The second reading of the Specific Plan occurred at the May 25, 2010 City Council meeting and the amended Specific Plan will go into effect on June 25, 2010. (FISK /INNES /LOWREY) Jefferson Corridor Specific Plan — Staff is studying the Jefferson Corridor to create a Specific Plan for the area. The boundaries of the Jefferson Corridor are preliminarily defined to include all properties north of Rancho California Road, East of Diaz, South of the Murrieta City boundary and west of Interstate I -15. On Thursday, June 2"', approximately 15 representatives of the Urban Land Institute (ULI) together with City Staff conducted a tour of the Jefferson Corridor. The ULI group consists of design, architectural, engineering, retail, and planning experts and, as part of a Technical Advisory Panel (TAP), will provide the City an outside expert review of the Jefferson Corridor with land use recommendations as we proceed with our own planning effort for the area. ULI's Technical Advisory Panel will hold a one day planning summit in the Council Chambers from 7:30 -5:00 p.m. on June 23''. At the end of the day, City representatives will be invited in and the panel will share their findings and recommendations. Staff believes this effort on the part of ULI will provide valuable information from outstanding and diverse professionals to the City as we embark on our own planning effort for the Jefferson Corridor. The presentation from the TAP on June 23'' will be from 4 -5 p.m. (RICHARDSON /LOWREY /INNES) SCAG 2012 RTP — The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. The RTP will include a Sustainable Communities Strategy (SCS), which is a new component to the RTP as a result of the passage of SIB 375. Staff will be working with the abovementioned agencies throughout the update process. The first order of business is to provide input into the Base Year Conditions and General Plan Based Growth Forecast /Distribution and land use for years 2020 and 2035. (WEST) • WRCOG Non - Motorized Transportation Plan — Staff is working with Western Riverside Council of Governments on a multi - jurisdictional backbone network of bike and pedestrian routes which will link transit and regional points of interest to local bicycle and multi -use trails. The project is funded through the SCAG Compass Blueprint program, which is scheduled to be completed by June 30, 2010. (WEST) Planning Agenda Report 5/1/2010 through 5/31/2010 �tly Approved APN # • PA09 -0265 Margarita Med Bldg Cell Site 921831014 CHERYL KITZEROW /MATT PETERS An Antenna Facility Application to construct a wireless antenna facility within two existing building towers at the Margarita Medical Building. Panel antennas and equipment would be located within the existing building behind RF transparent building materials. No visibile exterior changes are proposed. Building is located at the southeast corner of Margarita Road and North General Kearny, addressed as 41278 Margarita Road. Submitted Date Approved Date 8/28/2009 May 11 2010 APN # • PA10 -0021 Harveston Barring /Pres Richmon 916410004 CHERYL KITZEROW /MATT PETERS A Home Product Review application for the remaining 87 single family lots in Harveston's Barrington and Prescott neighborhoods generally located at the northeast corner of Ynez Road and Date Street with unit types range in size from 2,034 SF to 2,744 SF for 4 plans Submitted Date Approved Date 1/29/2010 May 5 2010 APN # • PA10 -0045 Springhill Suites Type 201PCN 921060047 CHERYL KITZEROW /MATT PETERS A Minor Modification to an approved Conditional Use Permit (PA09 -0174) to allow Springhill Suites by Marriott hotel to add a Type 20 ABC license to permit the sale of beer and wine from the hotel's gift shop. Springhill Suites' current CUP allows for a Type 70 ABC license for hotel guest'happy hour' complimentary alcohol. The request also includes a Finding of Public Convenience or Necessity. The property is located at 28220 Jefferson Avenue, just north of Rancho California Road. Submitted Date Approved Date 2/16/2010 May 5 2010 APN # • PA10 -0054 Jazz Festival 909290036 ERIC JONES A Major Temporary Use Permit to allow the Musicians Work Shop to conduct The Temecula Valley International Jazz Festival located at 27455 Tierra Alta Way on July 9th, 10th, and 11th. (APN:909- 290 -062). Submitted Date Approved Date 2/24/2010 May 11 2010 APN # • PA10 -0066 Redhawk Stratford Models TR230653 CHERYL KITZEROW /MATT PETERS A Model Home Complex for Stratford at Redhawk, Richmond American Homes, TR 23065 -3, generally located on the west side of Peach Tree Street, approximately 1,000 feet south of Deer Hollow Way (associated with PA09- 0347). Submitted Date Approved Date 3/4/2010 May 21 2010 APN # • PA10 -0078 SOS Hills Fundraiser 5k 945050006 CHERYL KITZEROW /MATT PETERS A Special Event Permit for a 5k run /walk fundraiser for SOS Hills starting /ending at Ronald Reagan Sports Park and surrounding roads on June 13, 2010 from 7:30am to noon. No formal street clsoures required. 1 of 5 Planning Agenda Report 5/1/2010 through 5/31/2010 APN # • PA10 -0151 Promenade PatioFurn PkgLotSale 910420005 CHERYL KITZEROW /MATT PETERS A Major Temporary Use Permit for an outdoor Memorial Day parking lot sale of patio furniture, patio umbrellas, BBQ islands, and spas within an approximately 10,000 square foot space in the existing Macy's (west) parking lot located at 40820 Winchester Road (APN: 910 - 420 -010) from May 27 through June 1. Hours of operation will be consistent with the Mall's hours of operation: 10 a.m. to 9 p.m. on Thursday, Friday, Saturday, Monday and Tuesday and 10 a.m. to 7 p.m. on Sunday. No tents, electrical equipment, food or alcohol are proposed. Submitted Date Approved Date 5/13/2010 May 27 2010 APN # • PA10 -0140 Wahoo's 80s Tribute Major TUP 921810033 CHERYL KITZEROW /MATT PETERS A Major Temporary Use Permit for a "Free 80s Tribute Concert" including live music, a beer garden and vendor booths scheduled on May 22, 2010 located at 29073 Overland in front of Wahoo's within the Margarita Crossing Shopping Center on the southwest corner of Overland and Margarita [APN 921 - 810 -033]. Related /Similar TUP is PA09 -0296. Submitted Date Approved Date 5/10/2010 May 21 2010 APN # • PA10 -0123 Spring Festival Major TUP 910130083 ERIC JONES A Major Temporary Use Permit to allow the Family Spring Festival to be held within the former Circuit City building and its immediately adjacent parking lot on May 15, 2010 from 10 a.m. to 3 p.m. with entertainment in the form of dance companies and non - contact martial arts demonstrations located at 40486 Winchester Road Submitted Date Approved Date 4/27/2010 May 13 2010 APN # • PA10 -0118 Strawberry Stand Major TUP 922210050 ERIC JONES A Major Temporary Use Permit for a strawberry stand located at 44515 Bedford Court operating from 10 a.m. to 6 p.m. daily thru August 1, 2010. Submitted Date Approved Date 4/20/2010 May 10 2010 2 of Submitted Date Approved Date 3/11/2010 May 21 2010 APN # • PA10 -0151 Promenade PatioFurn PkgLotSale 910420005 CHERYL KITZEROW /MATT PETERS A Major Temporary Use Permit for an outdoor Memorial Day parking lot sale of patio furniture, patio umbrellas, BBQ islands, and spas within an approximately 10,000 square foot space in the existing Macy's (west) parking lot located at 40820 Winchester Road (APN: 910 - 420 -010) from May 27 through June 1. Hours of operation will be consistent with the Mall's hours of operation: 10 a.m. to 9 p.m. on Thursday, Friday, Saturday, Monday and Tuesday and 10 a.m. to 7 p.m. on Sunday. No tents, electrical equipment, food or alcohol are proposed. Submitted Date Approved Date 5/13/2010 May 27 2010 APN # • PA10 -0140 Wahoo's 80s Tribute Major TUP 921810033 CHERYL KITZEROW /MATT PETERS A Major Temporary Use Permit for a "Free 80s Tribute Concert" including live music, a beer garden and vendor booths scheduled on May 22, 2010 located at 29073 Overland in front of Wahoo's within the Margarita Crossing Shopping Center on the southwest corner of Overland and Margarita [APN 921 - 810 -033]. Related /Similar TUP is PA09 -0296. Submitted Date Approved Date 5/10/2010 May 21 2010 APN # • PA10 -0123 Spring Festival Major TUP 910130083 ERIC JONES A Major Temporary Use Permit to allow the Family Spring Festival to be held within the former Circuit City building and its immediately adjacent parking lot on May 15, 2010 from 10 a.m. to 3 p.m. with entertainment in the form of dance companies and non - contact martial arts demonstrations located at 40486 Winchester Road Submitted Date Approved Date 4/27/2010 May 13 2010 APN # • PA10 -0118 Strawberry Stand Major TUP 922210050 ERIC JONES A Major Temporary Use Permit for a strawberry stand located at 44515 Bedford Court operating from 10 a.m. to 6 p.m. daily thru August 1, 2010. Submitted Date Approved Date 4/20/2010 May 10 2010 2 of Planning Agenda Report 5/1/2010 through 5/31/2010 Scheduled for Hearing APN # • PA10 -0063 Barno's Liquor Store Minor CUP 960020059 ERIC JONES A Conditional Use Permit to operate a 1,704 square foot liquor store located at 32475 Temecula Parkway, Suite 103 A (APN: 960- 020 -059). (Related Application: PA10 -0064 - Public Convenience or Necessity) Submitted Date DRC Meeting Date Planning Commision 3/2/2010 Jun 16 2010 APN # • PA08 -0125 Temecula Village PDO -5 Amend1 944290012 CHERYL KITZEROW /MATT PETERS A Zoning Amendment to modify PDO -5 (Temecula Village) to permit Grocery Stores up to 15,000 square feet with a Conditional Use Permit (currently allowed up to 10,000 SF w /CUP). Other changes include reducing landscape buffer /setback along Rancho California Road from 25 to 20 feet and miscellaneous clean -up /references to previous approvals. Temecula Village is located along the south side of Rancho California Road, east of Moraga Road. (Associated projects PA08 -0122 and PA08 -0123 - Fresh and Easy DP /CUP) Pending City Council hearing (date to be determined). Submitted Date DRC Meeting Date Planning Commision 6/4/2008 6/26/2008 Oct 15 2008 3 of Planning Agenda Report 5/1/2010 through 5/31/2010 New Submittals Pending DRC Meeting APN # • PA10 -0152 Redhawk Hemmingway HPR TR23064 CHERYL KITZEROW /MATT PETERS A Residential Tract Product Review application for 59 lots at Hemmingway in Redhawk (Tract 23064, Lots 23 -74, 79 -84, and 87) to be constructed by Standard Pacific. Units range in size from 2,888 square feet to 3,406 square feet and include three plan types with four elevation types. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/14/2010 6/10/2010 TBD APN # • PA10 -0161 Paseo del Sol KB 24188 -2 TR24188 CHERYL KITZEROW /MATT PETERS A Home Product Review application for KB Homes to construct 118 single - family homes in Tract 24188 -2 of Paseo del Sol, generally located north of Leena Way, South of Pauba Road, West of Butterfield Stage Road and East of Meadows Parkway Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/21/2010 TBD APN # • PA10 -0165 Roripaugh Security Trailer TUP 957350003 CHERYL KITZEROW /MATT PETERS A Major Temporary Use Permit for a security trailer (RV- motorhome) and temporary power to the trailer, which will be parked in front of the Roripaugh Ranch Clubhouse located at Polo Creek Drive, Tract 29661 -3 Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/28/2010 TBD APN # • PA10 -0168 Melano Liquor Minor CUP 966010011 ERIC JONES A Minor Conditional Use Permit to allow Melano Liquor (ABC License Type -21) to relocate to 33321 Temecula Parkway, Suite 105, APN: 966- 010 -011 (existing location: 27911 Jefferson Ave, Suite 109, APN: 921 - 050 -012 ). Related application: PA10 -0169, Public Convenience or Necessity. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 6/2/2010 TBD APN # • PA10 -0148 Walcott Estates GPA 957170032 CHERYL KITZEROW /MATT PETERS A General Plan Land Use map change from Very Low (VL) density residential to Low (L) density residential. Project associated with PA10 -0145, TTM and PA10 -0147, ZC. Site is located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena and south of Calle Chapos. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/12/2010 6/17/2010 TBD APN # • PA10 -0147 Walcott Estates Zone Change 957170032 CHERYL KITZEROW /MATT PETERS A Zoning Map and Text change from Very Low (VL) density residential to a Planned Development Overlay (PDO) based on the standards of the Low (L) density residential designation with provisions for a cluster development. Project associated with PA10 -0145, TTM and PA10 -0148, GPA. Site is located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena and south of Calle Chapos. Submitted Date I Anticipated DRC Meeting Date I No Hearing Planned 4 of Planning Agenda Report 5/1/2010 through 5/31/2010 5/12/2010 6/17/2010 TBD APN # • PA10 -0146 Walcott Estates HPR 957170032 CHERYL KITZEROW /MATT PETERS A Residential Home Product review for 45 lots to be created with TTM 36295 (PA10 -0145) for 3 floor plans ranging in size from 2,569 to 2,956 square feet with two elevation types each - a Spanish and Tuscan. The project site is located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena and south of Calle Chapos. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/12/2010 6/17/2010 TBD APN # • PA10 -0145 Walcott Estates TTM 36295 957170032 CHERYL KITZEROW /MATT PETERS A Tentative Tract Map (No. 36295) to subdivide 25 acres into 45 single - family cluster lots. Minimum lot size for the residential lots is 4,500 square feet. Approximately 10 acres of the site will be preserved as permanent open space to preserve the existing drainage on -site. Access will be provided from Butterfield Stage Road and Walcott Lane via gated entries. The site is located west of Butterfield Stage Road, east of Walcott Lane, north of La Serena and south of Calle Chapos. (Associated applications: PA10 -0146, Home Product Review, PA10 -0147, General Plan Amendment for PDO /cluster development, and PA10 -0148, Zone Change for PDO) Submitted Date Anticipated DRC Meeting Date No Hearing Planned 5/12/2010 6/17/2010 TBD APN # • PA10 -0036 Fall Rod Run 2010 922026008 CHRISTINE DAMKO A Special Event Permit for the Fall Rod Run to take place on October 8th and 9th in Old Town. Front St. will be closed for the event. Submitted Date Anticipated DRC Meeting Date No Hearing Planned 2/11/2010 TBD 5 of Item No. 35 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Greg Butler, Director of Public Works /City Engineer DATE: June 22, 2010 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of May, 2010. MEMORANDUM TO: Greg Butler, Director of Public Works ^� FROM: Rodney Tidwell, Maintenance Supervis( (}p-' DATE: June 7, 2010 1989 SUBJECT: Monthly Activity Report - May, 2010 The following activities were performed by Public Works Department, Street Maintenance Division in -house personnel for the month of May, 2010: I. SIGNS A. Total signs replaced 29 B. Total signs installed 4 C. Total signs repaired 48 D. Banners Replaced - 94 II. TREES A. Total trees trimmed for sight distance and street sweeping concerns III. ASPHALT REPAIRS A. Total square feet of A. C. repairs B. Total Tons IV. CATCH BASINS A. Total catch basins cleaned B. Down Spouts C. Under sidewalks V. RIGHT -OF -WAY WEED ABATEMENT A. Total square footage for right -of -way abatement VI. GRAFFITI REMOVAL A.. Total locations B. Total S.F. VH. STENCILING A. 214 New and repainted legends - B.. 19.843 L.F. of new and repainted red curb and striping C. 0 Bull Nose D. 19 Thermal Plastic 53 3.585 57.61 346 0 5 800 159 10.323 R ;WMNrMI OACrR n Also, City Maintenance staff responded to 68 service order requests ranging from weed abatement, tree trimming, sign repair, A.C. failures, litter removal, and catch basin cleanings. This is compared to 92 service order requests for the month of April 2010. The Maintenance Crew has also put in 89 hours of overtime which includes standby time, special events and response to street emergencies. The total cost for Street Maintenance performed by Contractors for the month of May. 2010 was $233,325.04 compared to $46.316.16 for the month of April. 2010. Account No. 5402 Account No. 5401 Account No. 999 -5402 Electronic Copies: Amer Attar, Principal Engineer Mayra De La Torre, Senior Engineer Jerry Gonzalez, Associate Engineer $ 201,965.04 $ 31,360.00 $ -0- Capital Improvements Land Development Traffic Division RAMAINTAIMMOACTRn DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE FISCAL YEAR 20 - 20 4t1� QiIARTER Date Submitted: June 7, 2010 Submitted By: Greg Butler Prepared By: Rodney Tidwell R:\ MAINTAINIMOACTRPT \STREETMAINTWPRIL, MAY, JUNE. . WORK- COMPLETED 11 COSTFOR APR., WORK COMPLETED COST FOR MAY WORK TOTAL COST FOR COMPLETED COST FOR JUNE: THIS FISCAL TOTAL COST FOR LAST FISCAL 'SCOPE "OFWORK APR: '10 "IA MAY '10 110 JUNE'10 ` '10 'YEAR '- YEAR ASPHALTAC Square Footage: 4,599 $13,659.03 3,585 $10,647.45 $181,766.91 $220,978.22 Tons: 103 58 $0.00 $0.00 SIDEWALK CURB & GUTTER REPAIR Square Footage: 30 $69.10 0 $0.00 $7,664.10 $0.00 PCC Yards: $0.00 $23,765.00 STRIPING LINEAR FEET: 523118 $3,648.26 19,843 $1,389.01 $141,832.12 $131,385.09 IN -HOUSE PAINTING LEGENDS: 0 214 $1,712.01) $25,120.00 $28,406.00 SIGNS REPLACED Material: 67 $3,350.00 29 $1,450.00 $21,600.00 $32,500.00 Labor: $765.31 $11,400.48 $17,153.50 SIGNS INSTALLED Material: 25 $1,250.00 4 $200.00 $9,100.00 $4,750.00 Labor: $659.75 $105.56 $4,802.98 $2,506.66 GRAFFITI Square Footage: 8,803 10,323 DRAINAGE CHANNELS CLEANED Basins: 259 $6,835.01 351 $9,262.89 $85,016.22 $109,070.57 Channels: 0 5 $31,360.00 $150,853.00 $103,237.78 IN -HOUSE TREES TRIMMED: 71 $1,873.69 53 $1,398.67 $19,443.93 $11,453.26 SERVICE ORDER REQUESTS: 92 68 AFTER HOURS CALL OUTS: 56 $2,217.04 89 $3,523.51 $53,426.68 $48,438.36 R.O.W. WEED ABATEMENT. 1,200 $40.80 800 $27.20 $333.20 $2,939.96 TOTALS $35,390.81 - :$61,841.60 $7123359.62 $736,586.40 R:\ MAINTAINIMOACTRPT \STREETMAINTWPRIL, MAY, JUNE. DEPARTMENT OF PUBLIC WORKS MAINTENANCE WORK COMPLETED FISCAL YEAR 2009 -2010 Date Submitted: 08- Jun•10 Submitted By: GREG BUTLER Prepared By: RODNEYTIDWELL CONTRACTORS,,, JANUARY, FEBRUp�2Y MARCH „' „ APRIL, , MAY JUNE 2ND HALF. TOTALS YEAR -TO -DATE Asphalt Square Feet 0 0 0 0 0 0 0 Concrete Square Feet 0 0 0 0 0 0 440 Drainage Channels 3 3 0 0 0 6 8 TOTAL COSTS $82,768.00 $21,800.00 $140,616.00 $0.00 $0.00 $245,184.00 $272,301.00 CONTRACT STRIPING Striping Linear Feet 0 0 0 0 2,305,672 2,305,672 4,277,695 Sandblasting Linear Feet 0 0 0 0 $152,799.04 $152,799.04 $152,799.04 TREE CONTRACTORS Trees Trimmed 356 411 339 465 483 2,054 2,397 Trees Removed 1 4 16 7 5 33 40 TOTAL COSTS $18,070.00 $21,852.00 $19,730.00 $24,432.00 $26,216.00 $110,300.00 $131,188.00 R.O.W. SPRAYING SQUARE FEET 550 0 138,500 312,500 410,200 862,200 1,157,488 TOTAL COSTS $30,950.00 $0.00 $7,750.00 $17,500.00 $22,950.00 $79,150.00 $725,520.00 CITY MAINTENANCE CREW Signs Replaced 56 41 4 67 29 197 432 Signs Installed 11 23 1 25 4 64 182 Catch Basins Cleaned 348 111 242 259 346 1,306 3,093 Trees Trimmed 55 5 78 71 53 259 757 R.O.W. Weed Abatement 0 0 2,700 1,200 800 4,700 8,000 New & Repainted Legends 70 127 310 0 214 721 3,140 After Hours Call Outs 294 55 148 56 89 642 8,278 Service Order Requests 123 90 88 92 68 461 904 Graffiti Removal - Sg Ft 4,202 7,678 9,996 8,803 10,323 41,002 100,024 TOTAL COSTS $131,788.00 $43,652.00 _ $168,096.00 $41,932.00 $201,965.04 $385,468.00 $982,044.32 ft.N1PIMNNWOhCNPNAPI M. WOPNOJMPLEIEO \JgN.TONNE STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of May, 2010 R:VM TMN\MOACrRPT DATE ACCOUNT STREET /CHANNEL /BRIDGE DESCRIPTION WORK FITOTAL'COST '. SIZE CONTRACTOR: ": RENE'S COMMERCIAL MANAGEMENT Date: 05.14.10 #06-10 CITYWIDE APPLICATION OF 2ND POST- EMERGENT IN OPEN RIGHTS -OF -WAY TOTAL COST $ 8,225.00 [Date: 05.21.10 #08-10 CITYWIDE 2ND POST- EMERGENT TO "SELECTIVE CHANNELS" TOTAL COST $ 10,975.00 Date: 05.21.10 # 07 -10 CITYWIDE 2NO APPLICATION OF "MAJOR ARTERIALS" TOTAL COST $ 3,750.00 CONTRACTOR: '.: PACIFIC STRIPING Date: CITYWIDE ANNUAL RE- STRIPING CONTRACT TOTAL COST $152,799.04 CONTRACTOR: MONTELEONE EXCAVATING Date: 05.17.10 # 313 - LONG VALLEY CHANNEL REMOVAL OF SAND /SILT; REPAIR TO SLOPE TO NATURAL GRADE TOTAL COST $ 19,250.00 CONTRACTOR: ,' r.�BECKERENGINEERING Date: 05.27.20 # 0527 -1 VALLEJO CHANNEL, C- STREET CHANNEL, JEDEDIAH SMITH CHANNEL REPAIR EROSION CAVITIES WITH 5 SACK SLURRY TOTAL COST $]2,110.00 CONTRACTOR: WEST COAST ARBORISTS, INC. ' Date: MAY, 2010 # 65305 CITYWIDE • ANNUAL R.O.W. TREE TRIMMING TOTAL COST $ 11,912.00 Date: MAY, 2010 # 65547 - CITYWIDE ANNUAL R.O.W. TREE TRIMMING TOTAL COST $ 14,304.00 TOTAL COST ACCOUNT #5401 $ 31,360.00 TOTAL COST ACCOUNT #5402 $201,965.04 TOTAL COST ACCOUNT #99 -5402 R:VM TMN\MOACrRPT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION ASPHALT (POTHOLES) REPAIRS MONTH OF MAY, 2010 i.�Y �.ti 4�pdxe'�Yx'.x�.x 05/03/10 +.�Mk+Aii ". r`4'�iL m. =, _ .XN i..# "(a?h�.�if6feQi}k,4 MARGARITA ROAD AT RANCHO CALIFORNIA ROAD l.ss?✓vShdx.�,%' SF 4. �n R & R n'S"xw. _n 174 c'C?Lk Y...��ry 9.5 OLD TOWN FRONT STREET AT 1ST STREET EDGE OF PAVEMENT 30 05/04110 LA SERENA AT SO. GENERAL KEARNY R & R 160 VINCENT MORAGA AT FELIX VALDEZ R & R 70 6 05/05/10 RANCHO CALIFORNIA ROAD AT VINCENT MORAGA R & R 232 OLD TOWN FRONT AT SANTIAGO EDGE OF PAVEMENT 160 6.07 MARGARITA AT AVENIDA BARCA POTHOLE 2 05/06/10 39657 JUNE COURT R & R 68 OLD TOWN FRONT AT FIRST AC O/L 292 3.54 05/10/10 NICOLAS ROAD - POTHOLES 15 05/11/10 RIDGE PARK AT RANCHO CALIFORNIA ROAD R & R 210 STAMPEDE PARKING LOT R & R 20 6 05/12/10 S/B OLD TOWN FRONT AT SANTIAGO R & R 250 7 05/18/10 OLD TOWN FRONT STREET AT SANTIAGO R & R 348 9.5 05/19/10 ENTERPRISE AT RIDER R & R 256 6 05/20/10 YNEZ AT TIERRA VISTA POTHOLE 8 TEMP MARGARITA AT STONEWOOD POTHOLE 1 TEMP 05/21/10 SANTIAGOATYNEZ POTHOLES 6 NICOLAS ROAD POTHOLES 4 NICOLAS ROAD AT JOSEPH POTHOLES 24 TEMP 05/25/10 VIA CANADA AC O/L 540 ELINDA AC O/L 295 BEDFORD COURT AC O/L 40 YNEZ AT RANCHO VISTA AC O/L 8 VIA BRISA AC O/L 372 4 TOTAL S.F. OF REPAIRS 3.585 TOTAL TONS 57.61 R:WA MNJWKCWLMWSPH LT.RPR CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION CATCH BASIN MAINTENANCE MONTH OF MAY, 2010 05/03/10 T. CITYWIDE "HOT SPOTS" CLEANED & CHECKED mam 20 CATCH BASINS 05/04/10 AREAS #2 & #3 CLEANED & CHECKED 21 CATCH BASINS 05/05/10 AREA #2 CLEANED & CHECKED 21 CATCH -401-11 AREA #2 CLEANED & CHECKED 43 CATCH BASINS AREA #2 CLEANED & CHECKED 1 UNDERSIDEWALK HOT SPOTS CLEANED & CHECKED 24 CATCH BASINS 05112/10 AREA #2 CLEANED & CHECKED 36 CATCH BASINS 05/13/10 AREA #2 CLEANED & CHECKED 37 CATCH BASINS AREA #2 [HOT CLEANED & CHECKED 4 UNDERSIDEWALKS 05/14/10 RANCHO CALIFORNIA ROAD AT MORAGA' CLEANED & CHECKED 1 CATCH BASINS 05/17/10 SPOTS CLEANED & CHECKED 21 CATCH BASINS 05/18/10 AREA #2 CLEANED & CHECKED 17 CATCH BASINS 05/19/10 AREA #2 CLEANED & CHECKED 51 CATCH BASINS 05/20/10 AREA #2 CLEANED & CHECKED 18 CATCH BASINS 05/21/10 HOT SPOTS CLEANED & CHECKED 22 CATCH BASINS 05/27/10 5TH STREET AT OLD TOWN FRONT CLEANED & CHECKED 1 CATCH BASINS 05/28/10 OLD TOWN CLEANED & CHECKED 10 CATCH BASINS TOTAL CATCH BASINS CLEANED & CHECKED 346 TOTAL UNDERSIDEWALKS 5 R:VAAM ArMWKCMP Tj)%CATCH AS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION GRAFFITI REMOVAL MONTH OF MAY, 2010 05/03/10 1 -15 FWY N/B AT TEMECULA PARKWAY REMOVED 110 S.F. OF GRAFFITI PECHANGA AT MASTERS REMOVED 1 S.F. OF GRAFFITI WOLF CREEK AT JUNIPER REMOVED 8 S.F. OF GRAFFITI WOLF CREEK AT ANTELOPE REMOVED 2 S.F. OF GRAFFITI DORSET AT PRIMROSE REMOVED 2 S.F. OF GRAFFITI SIXTH STREET AT FELIX VALDEZ REMOVED 4 S.F. OF GRAFFITI AVENIDA DE MISSIONS AT VIA RIO TEMECULA REMOVED 6 S.F. OF GRAFFITI REDHAWK AT TEMECULA PARKWAY REMOVED 4 S.F. OF GRAFFITI TEMECULA PARKWAY AT BUTTERFIELD STAGE ROAD REMOVED 2 S.F. OF GRAFFITI PECHANGA AT DEER HOLLOW REMOVED 2 S.F. OF GRAFFITI JUNIPER AT WOLF CREEK REMOVED 2 S.F. OF GRAFFITI REDHAWK AT VIA PUEBLA REMOVED 4 S.F. OF GRAFFITI BUTTERFIELD AT WOLF STORE REMOVED 980 S.F. OF GRAFFITI YNEZ ROAD AT MOTOR CAR PARKWAY REMOVED 3 S.F. OF GRAFFITI WINCHESTER BRIDGE AT SANTA GERTRUDIS CREEK REMOVED 1 88 S.F. OF GRAFFITI 05/04/10 1 -15 S/B AT WINCHESTER REMOVED 100 S.F. OF GRAFFITI MIRA LOMA CHANNEL REMOVED 3 S.F. OF GRAFFITI EDISON PLANT AT MORAGA REMOVED 72 S.F. OF GRAFFITI 05/05/10 WOLF CREEK AREA REMOVED 192 S.F. OF GRAFFITI 05/06/10 MARGARITA AT SOLANA REMOVED 8 S.F. OF GRAFFITI MARGARITA ATSTONEWOOD REMOVED 7 S.F. OF GRAFFITI MARGARITA AT RANCHO VISTA REMOVED 2 S.F. OF GRAFFITI VIA EDUARDO AT PECHANGA PARKWAY REMOVED 90 S.F. OF GRAFFITI WOLF CREEK AT PECHANGA REMOVED 330 S.F. OF GRAFFITI WOLF VALLEY AT PECHANGA REMOVED 35 S.F. OF GRAFFITI GRANNY'S ATTIC / OLD TOWN FRONT STREET REMOVED 30 S.F. OF GRAFFITI PIUTE AT BOCAW REMOVED 30 S.F. OF GRAFFITI R:NfAMTA1MWKC LMGPA Tn 05/13/10 u CALLE MADERA REMOVED 3 S.F. OF GRAFFITI ` PRIMROSE AT RITTER REMOVED 10 S.F. OF GRAFFITI PIUTE AT BOCAW REMOVED 6 S.F. OF GRAFFITI 05/14/10 MARGARITA AT SANTA GERTRUDIS CREEK REMOVED 80 S.F. OF GRAFFITI WINCHESTER AT SANTA GERTRUDIS CREEK REMOVED 126 S.F. OF GRAFFITI NORTH GENERAL KEARNY BRIDGE REMOVED 10 S.F. OF GRAFFITI MARGARITA AT SANTA GERTRUDIS CREEK REMOVED 160 S.F. OF GRAFFITI 05/17/10 TARGET CENTER REMOVED 64 S.F. OF GRAFFITI BIKE TRAIL / YNEZ TO MARGARITA REMOVED 350 S.F. OF GRAFFITI MARGARITA AT HARVESTON REMOVED 1 S.F. OF GRAFFITI WINCHESTER CREEK BRIDGE AT WINCHESTER REMOVED 160 S.F. OF GRAFFITI WINCHESTER CREEK AT NO. GENERAL KEARNY REMOVED 170 S.F. OF GRAFFITI MARGARITA AT WINCHESTER REMOVED 2 S.F. OF GRAFFITI WINCHESTER AT NICOLAS REMOVED 10 S.F. OF GRAFFITI NO. GENERAL KEARNY AT CAMINO CAMPOS VERDES REMOVED 4 S.F. OF GRAFFITI NO. GENERAL KEARNY AT CALLE PINA COLADA REMOVED 4 S.F. OF GRAFFITI MARGARITA AT STONEWOOD REMOVED 2 S.F. OF GRAFFITI VIA NORTE AT DEL REY REMOVED 3 S.F. OF GRAFFITI SOLANA AT RYCREST REMOVED 2 S.F. OF GRAFFITI MIRA LOMA AT RANCHO VISTA REMOVED 60 S.F. OF GRAFFITI P.UJOL AT 1' REMOVED 12 S.F. OF GRAFFITI RAINBOW CANYON REMOVED 36 S.F. OF GRAFFITI WOLF CREEK AT ANTELOPE REMOVED 2 S.F. OF GRAFFITI LOMA LINDA AT WHITE STAGE REMOVED 5 S.F. OF GRAFFITI LOMA LINDA AT PECHANGA REMOVED 7 S.F. OF GRAFFITI A.VENIDA DE MISSIONS REMOVED 653 S.F. OF GRAFFITI VIA RIO TEMECULA AT AVENIDA DE MISSIONS REMOVED 2 S.F. OF GRAFFITI VAIL RANCH AT SILKY REMOVED 2 S.F. OF GRAFFITI VAIL RANCH AT OVERLAND TRAIL REMOVED 1 S.F. OF GRAFFITI VIA RIO TEMECULA AT COUNTRY GLEN REMOVED 6 S.F. OF GRAFFITI MEADOWS PARKWAY NEST TO POOL REMOVED 3 S.F. OF GRAFFITI .� - �� W�Wu .> pY'¢,*� -e°Lm� r C` ®.+ G 05/18/10 SAHO COURT AT VIA GILBERTO REMOVED 6 S.F. OF GRAFFITI PUAS AT VIA GILBERTO REMOVED 3 S.F. OF GRAFFITI PECHANGA AT RAINBOW CANYON REMOVED 15 S.F. OF GRAFFITI PECHANGA AT VIA CONSUELO REMOVED 6 S.F. OF GRAFFITI PECHANGA AT VIA GILBERTO REMOVED 8 S.F. OF GRAFFITI PECHANGA AT TEMECULA PARKWAY REMOVED 6 S.F. OF GRAFFITI CALLE MEDUSA AT NICOLAS REMOVED 12 S.F. OF GRAFFITI PECHANGA PARKWAY AT VIA GILBERTO REMOVED 6 S.F. OF GRAFFITI JOHN CHRISTIAN AT RORIPAUGH REMOVED 1 S.F. OF GRAFFITI SANDERLING AT RORIPAUGH REMOVED 1 S.F. OF GRAFFITI STONEWOOD AT MARGARITA REMOVED 10 S.F. OF GRAFFITI 41997 MARGARITA REMOVED 1 S.F. OF GRAFFITI MARGARITA AT MORAGA REMOVED 3 S.F. OF GRAFFITI RANCHO CALIFORNIA ROAD AT MORAGA REMOVED 12 S.F. OF GRAFFITI YNEZ AT RANCHO CALIFORNIA ROAD REMOVED 40 S.F. OF GRAFFITI DATE AT KINGWOOD DRIVE REMOVED 1 S.F. OF GRAFFITI 05/19/10 31260 HIAWATHA REMOVED 2 S.F. OF GRAFFITI GREEN BELT OFF OF CLUBHOUSE REMOVED 21 S.F. OF GRAFFITI 05/20/10 ROYAL OAKS AT HIDDEN PARK REMOVED 6 S.F. OF GRAFFITI VIA LA VIDA AT MARGARITA REMOVED 2 S.F. OF GRAFFITI RANCHO CALIFORNIA ROAD AT VIA LAS COLINAS REMOVED 4 S.F. OF GRAFFITI 05/21/10 RAINBOW CANYON BRIDGE REMOVED 240 S.F. OF GRAFFITI RORIPAUGH AT STARLING REMOVED 1 S.F. OF GRAFFITI RORIPAUGH AT SANDERLING REMOVED 1 S.F. OF GRAFFITI JUNIPER REMOVED 1 S.F. OF GRAFFITI ROYAL OAKS AT SOMERSET HILLS REMOVED 3 S.F. OF GRAFFITI 05/24/10 SANTIAGO BRIDGE AT 1 -15 FWY REMOVED 25 S.F. OF GRAFFITI RAINBOW CANYON ROAD REMOVED 30 S.F. OF GRAFFITI WOLF CREEK ROAD REMOVED 16 S.F. OF GRAFFITI YNEZ AT RANCHO VISTA REMOVED 8 S.F. OF GRAFFITI REDHAWK PARKWAY I REMOVED 8 S.F. OF GRAFFITI 05/24/10 WON 5 BUTTERFIELD STAGE ROAD AT ROYAL CREST REMOVED 16 S.F. OF GRAFFITI 30910 CORTE ARROYO VISTA REMOVED 250 S.F. OF GRAFFITI MORAGA ROAD REMOVED 2 S.F. OF GRAFFITI TOWER PLAZA REMOVED 42 S.F. OF GRAFFITI YNEZ COURT REMOVED 25 S.F. OF GRAFFITI WINCHESTER BRIDGE REMOVED 210 S.F. OF GRAFFITI NO. GENERAL KEARNY BRIDGE REMOVED 360 S.F. OF GRAFFITI NO. GENERAL AT DEER MEADOW REMOVED 5 S.F. OF GRAFFITI RORIPAUGH AT SWALLOW REMOVED 30 S.F. OF GRAFFITI RORIPAUGH AT SENNA REMOVED 5 S.F. OF GRAFFITI RUSTIC GLEN AT KNOLL RIDGE REMOVED 16 S.F. OF GRAFFITI STANFORD DRIVE REMOVED 4 S.F. OF GRAFFITI CHANTEMAR AT CAMPANULA REMOVED 2 S.F. OF GRAFFITI WINCHESTER BRIDGE REMOVED 130 S.F. OF GRAFFITI NO. GENERAL KEARNY AT CAMINO CAMPOS VERDE REMOVED 16 S.F. OF GRAFFITI CERVANTES AT ODESSA REMOVED 4 S.F. OF GRAFFITI LONG VALLEY AT ROANOAKE REMOVED 20 S.F. OF GRAFFITI 05/25/10 VIA LOBO AT NICOLAS REMOVED 16 S.F. OF GRAFFITI CALLE GIRASOL AT RIVERTON REMOVED 1 S.F. OF GRAFFITI WALCOTT AT CALLE CHAPOS REMOVED 1 S.F. OF GRAFFITI HARVESTON AT WELLSLEY REMOVED 1 S.F. OF GRAFFITI HARVESTON DRIVE AT SHERBOURNE REMOVED 1 S.F. OF GRAFFITI 05/26/10 28860 OLD TOWN FRONT REMOVED 4 S.F. OF GRAFFITI 29825 SANTIAGO REMOVED 4 S.F. OF GRAFFITI NICOLAS AT RORIPAUGH REMOVED 4 S.F. OF GRAFFITI 39597 JUNE COURT REMOVED 2 S.F. OF GRAFFITI RUSTIC GLEN AT WINCHESTER REMOVED 6 S.F. OF GRAFFITI RUSTIC GLEN AT WINCHESTER REMOVED 22 S.F. OF GRAFFITI 29640 RUSTIC GLEN REMOVED 8 S.F. OF GRAFFITI 39893 RUSTIC GLEN REMOVED 1 S.F. OF GRAFFITI 39590 RUSTIC GLEN REMOVED 10 S.F. OF GRAFFITI R:VdAINTAIMWK LMGRAFRTR ff"oz 05/26/10 SOLANA AT SKYWOOD l !}`I . D ,?` grs j"vwn „� r REMOVED 4 S.F. OF GRAFFITI CALLE MADERO REMOVED 2 S.F. OF GRAFFITI NO. GENERAL KEARNY AT CHANTEMAR REMOVED 2 S.F. OF GRAFFITI NO. GENERAL KEARNY AT MARGARITA REMOVED 4 S.F. OF GRAFFITI 05/27/10 VIA LOBO AT DEER MEADOW REMOVED 144 S.F. OF GRAFFITI 05/28/10 CAMPANULA AT LEENA REMOVED 5 S.F. OF GRAFFITI PECHANGA AT TEMECULA PARKWAY REMOVED 30 S.F. OF GRAFFITI PASHAHO AT SAHO - REMOVED 3 S.F. OF GRAFFITI TOTAL S.F. GRAFFITI REMOVED 10.323 TOTAL LOCATIONS 159 R:'AWNTAIMWKCWLTD\GRAFFfff1 SQUARE FOOTAGE January 4,202 February 7,678 March 9,996 April 8,803 May 10,323 June July August September October November December CITY OF TEMECULA 2010 GRAFFITI REMOVAL TOTAL CALLS nary 63 ruary 135 rch 169 it 138 y 159 17000 15000 13000 19000 7000 5000 3000 1000 JAN FEB MAR APRIL MAY JUNE JLY AUG SEPT OCT NOV DEC Totals for the Year To Date: June 1, 2010 Sq. Foot 41,002 Calls 664 -w- SQ FT CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY TREE TRIMMING MONTH OF MAY, 2010 05/04/10 VIA JASSO AT MEADOWS PARKWAY iff �n*az TRIMMED 1 R.O.W. TREES BUSINESS PARK DRIVE AT RANCHO CALIFORNIA ROAD TRIMMED 1 R.O.W. TREES 05/06/10 43726 ALCOBA / 43808 ALCOBA TRIMMED 2 R.O.W. TREES 05/07/10 TIVOLI STREET TRIMMED 1 R.O.W. TREES CORTE PARADO AT CAMINO NUNEZ TRIMMED 3 R.O.W. TREES 05/11/10 OVERLAND CHANNEL TRIMMED 22 R.O.W. TREES 05/12/10 OVERLAND CHANNEL TRIMMED 1 R.O.W. TREES 05/13/10 AVENIDA BARCA TRIMMED 2 R.O.W. TREES 05/13/10 PUMA AT SIERRA MADRE TRIMMED 1 R.O.W. TREES CROSS CREEK AT SIERRA MADRE TRIMMED 1 R.O.W. TREES MEADOWS PARKWAY AT PAUBA TRIMMED I R.O.W. TREES McCABE AT AMARITA CIRCLE TRIMMED 1 R.O.W. TREES 05/14/10 MARGARITA AT PASEO BRILLANTE TRIMMED 1 R.O.W. TREES 05/17/10 SO. GENERAL KEARNY AT BRANFORD TRIMMED 1 R.O.W. TREES 05/21/10 CALLE MEDUSA TRIMMED 1 R.O.W. TREES RANCHO CALIFORNIA ROAD AT MEADOWS PARKWAY TRIMMED 1 R.O.W. TREES NICOLAS AT JOSEPH TRIMMED 1 R.O.W. TREES 05/25/10 NANTUCKET AT BRIDGE HAMPTON TRIMMED 1 R.O.W. TREES HARVESTON AT EVANSTON TRIMMED I R.O.W. TREES 05/26/10 LANDINGS ROAD TRIMMED 4 R.O.W. TREES 05/27/10 ALBANY AT BELLEVUE TRIMMED 1 R.O.W. TREES 39976 PASADENA TRIMMED 1 R.O.W. TREES 40048 ANNAPOLIS TRIMMED 1 R.O.W. TREES CHARLESTON AT HARVESTON TRIMMED I R.O.W. TREES LAKE VIEW AT DIAZ TRIMMED 1 R.O.W. TREES TOTAL R.O.W. TREES TRIMMED 53 RAMMWMMWRXC0WLTD%TREES CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION RIGHT-OF-WAY WEED ABATEMENT MONTH OF MAY, 2010 05/18/10 LA SERENA AT MEADOWS PARKWAY ABATED 800 S.F. R.O.W. WEEDS TOTAL S.F. R.O.W. WEEDS ABATED 800 RAMA AIN\ KCOMPLTD\WEEDS CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SERVICE ORDER REQUEST LOG MONTH OF MAY, 2010 Z4 �C � 05/03/10 y- ✓i ,(� yw*. 'u s.� I'm "'""a 'a,�f ` w. ✓ DEER HOLLOW AT PECHANGA PARKWAY i�' �J/At . n" 'f7 -a, h' TRAFFIC ACCIDENT �♦4, 01 p{ ; r x Awk 05/03/10 31820 CAMINO MAREA CONCRETE REPAIR 05/04/10 43993 NORTH GATE TREE 05/04/10 MARGARITA AT STONEWOOD SHOPPING CARTS (5) 05/04/10 05/05/10 LONG VALLEY AT YUKON SHOPPING CARTS (2) 05/06/10 MUTE AT BOCAW CIRCLE GRAFFITI 05/05/10 05/06/10 44861 CORTE SEVRINA GRAFFITI 05/06/10 CAMINO ALACON AT McCABE SIGN REPAIR 05/13/10 05/07/10 LA SEVENA AT MEADOWS PARKWAY DEBRIS 05/07/10 RED MOUNTAIN AT GRASS MEADOW WAY GRAFFITI 05/07/10 RANCHO CALIFORNIA ROAD AT HOPE WAY . SHOPPING CARTS (6) 05/07/10 CORTE CANTERA AT AVENIDA SONOMA GRAFFITI 05/07/10 42101 MORAGA GRAFFITI 05/07/10 05/08/10 VAIL RANCH PARKWAY AT REDHAWK PARKWAY GRAFFITI 05/08/10 05/10/10 AVENIDA DE MISSIONS AT VIA RIO TEMECULA GRAFFITI 05/10/10 COUNTRY GLEN AT VIA RIO TEMECULA GRAFFITI 05/1010 STONEWOOD AT MARGARITA SHOPPING CARTS (7) 05/1010 VIA RIO TEMECULA AT CORTE CAPISTRANO GRAFFITI 05/10/10 VIA POQUITO AT AVENIDA DE MISSIONS GRAFFITI 05/10/10 05/11/10 MARGARITA AT WINCHESTER DEBRIS 05/11/10 VIA DEL CORONADO AT LOMA LINDA GRAFFITI 05/11/10 CORTE SIERRA AT LOMA LINDA GRAFFITI 05/11/10 05/12/10 CORTE PERGAMINO AT CAMINO MAREA SIGN REPAIR 05/12/10 CALLE CHAPOS AT WALCOTT GRAFFITI 05/12/10 CA, LE MADERO GRAFFITI 05/13/10 05/14/10 RANCHO CALIFORNIA ROAD AT HOPE WAY SHOPPING CARTS (2) 05/14/10 MARGARITA AT PASEO BRILLANTE TREE 05/14/10 R:N9AINTA[MWRRCOWLTMSOW DtTE� SRI g ell 05/14/10 KOHINOOR WAY DEBRIS 05/14/10 CALLE SANTA ANA AT RANCHO VISTA TREE 06/14110 31767 CAMINO ROSALES TREE 05/19/10 RANCHO VISTA AT T.V.H.S. HAZMAT 05/14/10 05/15/10 COUNTRY GLEN WAY AT VIA RIO TEMECULA GRAFFITI 05/15/10 05/17/10 MIRA LOMA AT RANCHO VISTA GRAFFITI 05/17/10 RANCHO VISTA AT MIRA LOMA GRAFFITI 05/17/10 27562 SANDERLING GRAFFITI 05/17/10 05/18/10 40122 CALLE MEDUSA CONCRETE REPAIR 05/18/10 3134 SAHO COURT GRAFFITI 05/18/10 MARGARITA AT STONEWOOD GRAFFITI 05/18;/10 MARGARITA AT TUSCANY RIDGE APARTMENTS GRAFFITI 05/18/10 RANCHO CALIFORNIA ROAD AT VIA LAS COLINAS GRAFFITI 05/18/10 RANCHO CALIFORNIA ROAD AT HOPE WAY SHOPPING CARTS (7) 05/18/10 RANCHO CALIFORNIA ROAD AT VIA LAS COLINAS SHOPPING CARTS (6) 05/18/10 NO. GENERAL KEARNY AT JAMES DAY MIDDLE SCHOOL GRAFFITI 05/18/10 30399 CALLE SONORA CONCRETE REPAIR 05/18/10 27435 RORIPAUGH ROAD GRAFFITI 05/18/10 05/19/10 31260 HIAWATHA COURT GRAFFITI 05/19/10 RAINBOW CANYON AT PECHANGA PARKWAY GRAFFITI 05/19/10 05/20/10 45364 ESCALANTE COURT TREE 05/20/10 JAGUAR WAY AT NIGHTENGALE SIGN REPAIR 05/20/10 11/09/09 41830 6 TH STREET TREE 05/03/10 05/19/10 CHANTEMAS AT CAMPANULA CIRCLE GRAFFITI 05/19/10 05/21/10 JUNIPER AT BASSWOOD GRAFFITI 05/21/10 TEMECULA CREEK BRIDGE GRAFFITI 05/21/10 27606 STANFORD DRIVE GRAFFITI 05/21/10 SOMERSET HILLS AT ROYAL OAKS GRAFFITI 05/21/10 05/23/10 27598 SNADERLING WAY GRAFFITI 05/24/10 NO: GENERAL KEARNY AT JAMES DAY MIDDLE SCHOOL GRAFFITI 05/24/10 SANDERLING AT SWALLOW COURT GRAFFITI 05/24/10 RUSTIC GLEN AT RAINBOW CREEK GRAFFITI 05/24/10 RUSTIC GLEN AT VAIL RANCH GRAFFITI 05/24/10 $ zd s � �'' a'�J,y94j, ''�'" �a�[ vx. r• S .,mss yar, a � s 05/24/10 05/34/10 30910 CORTE ARROYO VISTA GRAFFITI LONG VALLEY AT ROANOAK GRAFFITI 05/24/10 05/25/10 RANCHO CALIFORNIA ROAD AT HOPE WAY SHOPPING CARTS (5) 05/26/10 28860 OLD TOWN FRONT GRAFFITI 05/25/10 CALLE MADERO GRAFFITI 05/26/10 39597 JUNE ROAD GRAFFITI 05/26/10 05/26/10 REDHAWK AT PASEO PARALLON SIGN REPAIR 05/26/10 TOTAL SERVICE ORDER REQUESTS 68 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION SIGNS MONTH OF MAY, 2010 05/03/10 MORAGA AT RANCHO CALIFORNIA ROAD REPLACED R -26 05/04/10 REDHAWK PARKWAY AT WOLF STORE REPLACED R4 -7, TYPE K, R6 -1 2 RANCHO VISTA AT TEMECULA HIGH REPLACED S1 -1 05/05/10 MARGARITA AT COURTNEY REPLACED W3 -3 RANCHO VISTA AT VIA EL GRECO REPLACED S4 -3 RANCHO VISTA AT AVENIDA DE LA REINA REPAIR -R26 COMBO 05/07/10 DE PORTOLA AT ALCOBA DRIVE REPAIR R4 -7 2 CALLE RIVAS AT CALLE BALAREZA REPAIRED R4 -7 VINCENT MORAGA AT 6T" STREET REPAIRED W13-1 TEMECULA PUBLIC LIBRARY NEW INSTALL R1 -1 VIA RAMI AT AMARITA WAY REPAIR R1 -1 OAK CLIFF AT WILLOW CREEK REPLACED R1 -1 05/11/10 AVENIDA DE MISSIONS AT VIA RIO TEMECULA REPLACED W14-1 CAMPANULA WAY AT DE PORTOLA REPLACED R26 -31 05/12/10 REDWOOD AT LOMA LINDA REPLACED R7 -1 CORTE SIERRA AT LOMA LINDA REPAIR S1 -1 CORTE SIERRA AT LOMA LINDA REPAIR W3 -1 & R1 -1 REDWOOD AT WOLF CREEK DRIVE REPLACED R1 -1 MEADOWS PARKWAY AT EMPEZAR REPLACED R4 -7 PERGAMINO AT CAMINO MENA REPAIR SNS 05/13/10 JEFFERSON AT CHERRY REPAIR CITY LIMIT SIGN MARGARITA AT DATE REPAIR CITY LIMIT SIGN WINCHESTER AT WINCHESTER CREEK REPAIR CITY LIMIT SIGN NO. GENERAL KEARNY REPAIR CITY LIMIT SIGN SIERRA MADRE REPAIR CITY LIMIT SIGN S/B 1 -15 FWY REPAIR I CITY LIMIT SIGN RAMAINTAIMW CM LTD\SIGNS\ 05/13/10 BUTTERFIELD AT RANCHO CALIFORNIA ROAD REPLACED R -26 COMBO WALCOTT REPLACED (2) W -13 NICHOLAS AT WINCHESTER REPLACED (2) DELINEATORS CALLE ALAGON AT McCABE REPAIR SNS PECHANGA PARKWAY AT DEER HOLLOW REPAIR CITY LIMITS RAINBOW CANYON REPAIR CITY LIMITS EL CHIMISAL AT CHATEAU REPAIR CITY LIMITS BUTTERFIELD AT NIGHTHAWK REPAIR CITY LIMITS 79 SO. AT BUTTERFIELD REPAIR CITY LIMITS MEADOWS AT PAUBA REPAIR R2 -25 McCABE AT AMARITA CIRCLE REPAIR - R2 -35 05/17/10 VIA RIO TEMECULA AT COUNTRY GLEN REPLACED W14 -1 & W 1 -7 VAIL RANCH AT NIGHTHAWK REPAIR R26 VAIL RANCH AT VALENTINO REPAIR R4 -7 VAIL RANCH AT OVERLAND TRAIL REPAIR W3 -11 LA SERENA AT SO. GENERAL KEARNY REPAIR R -26 WOLF VALLEY AT PECHANGA NEW INSTALL W73 -A 05/18/10 WOLF VALLEY AT PECHANGA REPAIR R4 -7 VIA GILBERTO AT PECHANGA REPAIR Rl -1 & R4 -7 BUTTERFIELD AT CROWNE HILL REPAIR R4 -7 BUTTERFIELD AT JEREZ REPA18R R4 -7 LA SERENA AT CEBU REPAIR (2) R1 -1 & R -26 CALLE MEDUSA ATKAHWEA REPAIR R1 -1 NOB COURT ATKAHWEA REPAIR R1 -1 BOLANDRA AT RORIPAUGH REPLACED RI-1 SANDERLING AT RORIPAUGH REPLACED Ri -1 MORAGA AT RANCHO CALIFORNIA ROAD REPLACED R26 -A 05/20/10 LA PRIMAVERA AT PAUBA REPAIR R4 -7 VIA HALCON REPLACED W14 -2 05/25/10 MARGARITA AT WINCHESTER NEW INSTALL 113 -7 & R26 -S DEER MEADOWS AT NO. GENERAL KEARNY REPLACED W14 -1 HARVESTON AT WELLSLEY REPLACED R1 -1 HARVESTON AT SHERBOURNE PLACE REPAIR SNS 05/25/10 HARVESTON AT TOWNSHIP REPLACED Ri•1 HARVESTON AT ST. AUGUSTA PLACE REPLACED R26 05/27/10 OLD TOWN REPLACED 94 BANNERS ALBANY ATBELLEVUE REPAIR SNS PASADENA AT BELLEVUE REPAIR SNS PASADENA AT GLOUCESTER REPAIR SNS PASADENA AT BALBOA DRIVE REPAIR SNS TOTAL SIGNS REPLACED 29 TOTAL SIGNS INSTALLED 4 TOTAL SIGNS REPAIRED 48 TOTAL BANNERS 94 R:UTAINTA WKCWLMD IGNS\ CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS ROADS DIVISION STENCILS / STRIPING MONTH OF MAY, 2010 05/03/10 ter., "ate:.:, AREAS #3 & #4 REPAINTED 5,578 LF. RED CURB 05/04/10 AREAS #3 & #4 REPAINTED 7,785 LF. RED CURB 05/05/10 AREA #5 REPAINTED 5,975 LF. RED CURB 05111/10 WOLF VALLEY NEW INSTALL 105 SQ. FT. PECHANGA PARKWAY AT AVENIDA DE MISSIONS THERMAL 2 CROSSWALKS / 2 ARROWS 05/12/10 PECHANGA PARKWAY AT AVENIDA DE MISSIONS THERMAL 1 CROSSWALK MARGARITA AT RUSTIC GLEN THERMAL 3 CROSSWALKS 05113/10 RANCHO VISTA AT MEADOWS PARKWAY THERMAL 4 CROSSWALKS 05/17/10 RANCHO CALIFORNIA ROAD AT COSMIC . THERMAL 1 CROSSWALK 05/19/10 RIO NEDO NEW INSTALL 1 THERMAL ARROW AVENIDA ALVARADO AT DIAZ THERMAL 1 BAR W/B JEFFERSON AT WINCHESTER RE- THERMAL 3 ARROWS WINCHESTER AT ENTERPRISE CIRCLE NORTH RE- THERMAL 1 ARROW BLACK DEER AT DIAZ RE- THERMAL 1 BAR DIAZ AT WINCHESTER RE- THERMAL 1 ARROW 05/20/10 AREA #5 REPAINTED 60 BIKE LANES RANCHO CALIFORNIA ROAD AT BUTTERFIELD STAGE ROAD REPAINTED 1 CROSSWALK AREA #5 REPAINTED 33 BIKE LANES 05/24/10 REDHAWK AREA REPAINTED 54 BIKE LANES MARGARITA ROAD REPAINTED 57 BIKE LANES 05/27/10 CITYWIDE REPAINTED 400 SQ. FEET RED CURB TOTAL NEW & REPAINTED LEGENDS 214 NEW & REPAINTED RED CURB & STRIPING L.F. 19.843 THERMOPLASTIC 19 RANI IN AIMWRMOWLMISMPING CITY OF TEMECULA PAGE 1 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6/10/2010 %TIME PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ PAID ($) bid date) PROJECTS UNDER CON RUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be Contractor: Tovey Shultz Construction, Inc. completed when the mainline utilities are installed, which the City is undertaking - PW03 -01 I ContractAmount: $3,298,000 David McBride 97%(9110) 93% estimated start in March of 2010. A fire engine/truck venting system (requested /added on Approved Change Orders: $212,768.24 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the Account No. 210 -165 -741 approved change order total. City Property at Diaz Road and Dandy Parkway This project provided for the rough grading of the vacant City property at Diaz Road and (Northwest RDA Property) - Rough Grading Dandy Parkway. Al work was completed on March 28, 2007. Site restoration, including Contractor: Skanska hydroseeding, was completed in December of 2008. A notice of completion was approved PW06 -03 I Final Contract Cost $5,948,799.71 David McBride Complete 100% by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Minor BMP improvements were completed in late November of 2009. Old Town Infrastructure Project -Town Square and This project involves construction of the Town Square and street improvements on Mercedes & Main Street Mercedes & Main Streets. The project was awarded on March 18, 2008. Various Contractor: LH Engineering Contract Amt: specialty items and added work extended the completion date through Summer of 2010. PW06 -07 $3,458,495.00 Change nge Orders) $ 265 133 Approveed d C Cha 48 David McBride 99% (6110) 97% In addition final paving in this contract will be defferred to the completion of the Civic ( 1C & 1 E) , . Center. Account Nos.: 210 - 165 -636 210 - 165 -643 Pechanga Parkway Phase II Street Improvements This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to from Temecula Parkway to City Limits @ Pechanga Pechanga Rd. The contractor has completed the improvements. The final change order is PW99 -11 Rd. Mayne De La pending processing. There is a claim against AAA and the City from EMWD regarding (Ph II) Contractor: All American Asphalt (AAA) Tome/Amer 100% 95% damages to their facilities that the AAA has allegedly caused. The City has withheld 125% Contract Amount: $8,131,964.98 Attar of the claim amount from AAA and is working with AAA to address this issue. The project Account No. 210 - 165- 668 -58XX is complete. Old Town Infrastructure Projects The structure was opened to the public on March 1, 2010. Punch list and close out work - Parking Structure & Office /Retail Frontage will be ongoing for two to three months. In addition a long term (5 year) maintenance PW06 -07 David contract will be established for enhanced landscaping constructed in the Caltrans right of Contractor: PCL Construction McBride/ Bill 100%(5110) 100% way as part of this project. (1 D) Contract Amount: $15,797,010.00 McAteer Approved Change Orders: $775,436.81) Account No. 210 - 165 -644 Ronald Reagan Sports Park Channel Silt Removal & This project includes restoring the Best Management Practices (BMP) of the Stormwater Desiltation Pond Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and Contractor: Sean Malek William the requirements of RWQCB by desilting the basin located near the Sports Park. 401 PW05 -13 I Engineering Contract Amount: $182,900 Becerra/ Avlin 99% 59% Certification, Streambed Alteration Agreement, and Nationwide Permits have been Account No. 210 - 190 - 187 -58XX Odviar acquired. Bids were opened on 08/26/08 and awarded on 12/08/09. Notice to Proceed effective 01/04/10. Construction has begun. Vegetation removal and habitat creation area grading is complete CITY OF TEMECULA PAGE 2 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6/10/2010 %TIME PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ PAID ($) bid date) Old Town Civic Center This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on PWO6 -07 Contractor: Edge ment g P David 73% interior drywall, painting, file work, drop ceilings, casework and detail work for mechanical, Ph2 5,500 McBride 1 Bill (10122110) 67% electrical and plumbing. Approved Change Order Approved Change Orders: $278,061.85 McAteer Account No. 210- 165- 751 -58XX Temecula Community Center Expansion - Phase 2, Phase 2 of this project will renovate the Escallier House and Barn. Bids were opened on Renovation of Historical Buildings William March 4, 2010. A recommendation to award a contract was approved at the City Council PW06 -05 III Contractor: Becerral David 16.7% 10% at the 03/23/10 meeting. Notice to proceed is effective 05/03/10 for Phase 2. Contract Amount: McBride Account No. 210 - 190 -197 Redhawk Park Improvements This project will add amenities, which include ADA accessible parking, a restroom, a half - Contractor: IAC Engineering, Inc. Kendra court basketball court, and permanent dog park at Redhawk Community Park. As part of PWO6 -O6 Contract Amount: $787,094.92 Hannah - 20 %(0812010) 0% this project, a seatwall will be installed at Sunset Park. The Notice To Proceed was Account No. 210 - 190 - 144 -58XX Meistrell1 Avlin Odviar issued 12/21/09. Construction activities began in January 2010. Completion is anticipated in August 2010. Pavement Rehabilitation Rancho California Road This project will rehabilitate Rancho California Road from Ynez Road to the City limits on (Ynez to East City Limit) - STPL Project Kendra the east. Construction began on June 3, 2009. The contractor is working on punchlist PW06 -14 I Contractor: All American Asphalt Hannah- gg% (0612010) 91 % items. Contract Amt: $3,666,004.25 Meistrell 1 Avlin Odviar Account No. 210 - 165 -657 Winchester Road / State Route 79 North - North This federally funded project will design and construct landscaping and irrigation Corridor Beautification enhancements to the existing raised medians along Winchester Road between Ynez Contractor: Belaire -West Landscape, Inc. Chris Whitel Road and the easterly City limits. The contractor is currently working on phases 1, 2 & 3 in PW06 -15 $920,027.00 Amer Attar 55% 28% the existing medians pouring stamped concrete and installing irrigation conduit. Approved Change Orders: $2,500.00 Approved Change ,5 Account No. 210 - 165 -638 Traffic Signal Interconnect Equipment Installation Chris White 1 This project will install traffic signal interconnect equipment on Margarita Road, from PW04 -05 I Contractor: High -Light Electric, Inc. Mayne De La 100% (2J10) 100% Rancho California Road to Pio Pico Road. Project is complete. The Notice of Completion Contract Amount: $211,878.00 Torre and project acceptance went before the City Council at the May 25, 2010 meeting. Account No. 210 - 165- 712 -58xx Citywide Slurry Seal Project FY 2009-2010 This project will slurry seal local streets within the Roripaugh Hills Estates, Campus PW 09 -06 1 Contractor: Roy Allan Slurry Seal, Inc. Chris White 1 0% 0% Verdes and Nicholas Valley Areas. Proposition 1 B funds will be used to fund this project. Contract Amount: $421,208.55 Amer Attar Project is scheduled on June 8,2010 Council Meeting to award the contract. Account Number: 210 - 165 - 512 -58xx PROJECTS BEING ADVERTISED FOR BIDS Road and Storm Drain Repair at Rancho California Storm drain pipes have been determined to be essentially sound. The approach from this Road point will take the form of debris removal, surface preparation, and installation of concrete PW09 -08 I Projectwill replace approximately 140 feet of aging Jon Salazarl 0% 0% paving in the pipe invert to extend the life of the pipe; no roadway repair is anticipated. corrugated metal pipe under Rancho California Road, Amer Attar Bid Opening Scheduled for 6/2/10. east of Hope Drive, with reinforced concrete pipe, and reconstruct that portion ofthe roadway. CITY OF TEMECULA PAGE 3 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6/10/2010 %TIME PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ PAID ($) bid date) Citywide Storm Drain Improvements- Rancho Project consists of installing two catch basins and approx. 100' of RCP drainage pipe California Rd at Vincent Moraga Dr Jon Salazarl across Rancho California Road at Vincent Moraga Drive, as well as relocation of an PW09 -09 I Design and construct storm drain improvements to Amer Attar 0% 0% existing RCWD waterline. Project is being advertised for bids, bid opening scheduled for correct Flooding problems during storm events at this 6/22/10. location. Road Reconstruction at Jedediah Smith Road Project will rehabilitate roadway surface using the Asphalt Rubberized Aggregate Projectwill rebuild 28 feet (width) of roadway on Membrane (ARAM) method on Jedediah Smith Road between Temecula Parkway and Jedediah Smith Road between Temecula Parkway Jon Salazar/ Cabrillo Ave; on Cabrillo Ave between Jedediah Smith Road and Vallejo Ave; and on PW09 -10 I and Cabrillo Ave. Amer Attar 0% 0% Vallejo Ave between Cabrillo Ave and Ynez Road. Bid opening held was held on 5/17/10, ICE Engineering is the apparent low bidder. Contract award scheduled for the 6/8/10 Council meeting. Citywide Concrete Repairs FY 2009 -2010 This project will consist of various concrete repairs throughout the City. Bid opening is PW 10 -02 1 Contractor: Chris White 1 0% 0% scheduled for June 3, 2010. Project is schedule on on the June 22, 2010 City Council Contract Amount: Amer Attar Meeting to award the contract. Account Number : PROJECTS BEING DESIGNED BY CONSULTANTS Re- Stripe Route 79 South to 8lanes from Pechanga This project will provide four lanes in each direction on Temecula Parkway (formerly State Parkway to 1 -15 Kendra Route 79 South) from 1 -15 to Pechanga Parkway. The City is working to meet Caltrans PW07 -08 I Consultant: JMD Hannah- 60% (0612010) 50% requirements to do the striping. Amount: $29,210.00 ain Odll l Avlin viar Account No. 210 - 165- 676 -58XX Pechanga Parkway Storm Drain Improvements- This project includes construction of new wetlands for the Wolf Valley Creek Channel Environmental Mitigation Improvements -Stage 1. The wetlands will be created through construction of new Iandscapelrrigation systems. The site is located along the north bank of Temecula Creek Consultants: Community Works Design (within flood - plain /way areas). The environmental regulatory agencies have approved this Contract Amount: $29,840 new mitigation area. Mylars are ready for signature. Offers for purchase of the properties PW99- Mayne De La were made and City Council adopted a Resolution of Necessity to acquire the property on 11 EM 1 Account No. 210 - 165 - 668 -58XX Torre 98% 98% 11/25/08. The proposed improvements can't be implemented until the City obtains possession of the property. The California Department of Fish & Game (DFG) will have to sign off on this acquisition since they have jurisdiction over land the City will use for access. A site visit with the DFG took place on 03/16/10. Another site visit, this time with Army Corps and Regional Water Board was conducted on April 23rd. Water table level tests will be conducted. Murrieta Creek Bridge and Overland Drive Extension The project includes the extension of Overland Drive from Commerce Center Drive to Diaz from Commerce Center to Diaz Rd Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army PW00 I Chris White 1 100% 100% Corps of Engineers and the state environmental regulatory agencies is required. the -26 Consultant: Project Design Consultants Contract Amount: $466,940 Amer Attar design is complete and the City has the mylars and the electronic files of the plans. Account No. 210 - 165- 602 -58XX CITY OF TEMECULA PAGE 4 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6/10/2010 %TIME PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ PAID ($) bid date) Main Street Bridge Over Murrieta Creek This project will replace the existing Main Street Bridge over Murrieta Creek. Design (Replacement) consultant Simon Wong Engineering (SWE) and the City are continuing to pursue Consultant: Simon Wong Engineering environmental permitting and coordination issues associated with pursuing the bridge Contract amount: $317,719 Amendment No. 1: Contract extension Jon Salazar/ 93% (Phases I replacement as a project separate from the Army Corps of Engineer's Murrieta Creek PW03 -05 I term Amendment No 2: Contract term extension Amer Attar 97% (2/10 ) &II -97% ) improvement project. Environmental technical reports required for NEPA clearance p p j p q Amendment No. 3: $322,305 (Phase 3) resubmitted to Caltrans on 4/15/10; response on cultural reports received 5/27/10, biology Amendment No. 4: $24,063 (RCWD waterline) comments anticipated week of 5/31/10. Account No. 210- 165- 743 -58XX Pedestrian /Bicycle Bridge Over Santa Gertrudis This project includes the construction of an approx. 150' long ped/bike bridge over Santa Creek Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a PW05 -11 I Consultant: Nolte Associates Jon Salazar/ 99� (2110) 91% NEPA document. Environmental clearance (Categorical Exclusion) was obtained from ContractAmount: $132,807 Amer Attar Caltrans on 5/20/10. Request for Authorization (R FA) to Proceed with Construction Account No. 210 -165- 738 -58XX package to be submitted to Caltrans the week of 06/07/10. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new Consultant: TYLIN International bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension Contract Amt: $378,776.20 William of Pujol Street to the new structure. Once constructed, this will serve as the southerly PW06 -04 I Amendment 2Amt: $244,824.80 Becerra/Avlin 80% 90% connection of the Western Bypass Corridor. Design is underway. Geotech nical Account No. 210 - 165 - 660 -58XX Odviar investigations have been initiated and 100% Plans and Specs are being reviewed. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings were returned to AAE for revision and resubmittal. City and consultant discussing some of the comments. The PW06 -09 Design Development AAE, Inc. Contract amount $109,085 Amer Attar 100% 85% are consultant is working to finalize the plans. 90% submittal is expected after the lighting Amendment #1 $20,500 issue is resolved and the consultant make the necessary changes. Account No. 210 - 165- 747 -58XX Pechanga Pkwy -Dual Right Turn Lanes from This project included the design and construction of 2 right -turn lanes on eastbound Temecula Parkway (SR 79S) Temecula Pkwy to southbound Pechanga Pkwy. The contractor for the Pechanga Pkwy PW06 -11 I Consultant: Cozad & Fox Mayne De La 100% 98% Ph 11 Street Improvements has completed this work, as a change order to their contract. Contract Amount: $29,010 Tome Account No. 210 - 165- 637 -58XX French Valley Parkway / Interstate 15 Over - Crossing A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over and Interchange Improvements- Phase 1 (PS &E) Santa Gertrudis Creek at the Winchester southbound off -ramp are the components of Consultant: Moffatt & Nichol Phase 1. City continued the design work. Status is as follows: Amend. No. 1: $ 507,881.00 Amend. No. 4: $ 632,058.00 William > 95% PS &E - Being prepared for submittal to Caltrans June 2010. PW07 -04 Amend. No. 8: $1,087,300.00 Becerrat 65%(06111) 65% > Right of Way Establishing limits of dedication. Notes: Avm Odviar/ > Declaration of Units - Caltrans Approved Metric Exception for this hase. pp p p > Amend. Nos. 1, 4, & 8 amend original agreement Amer Attar > Utilities - Pothole of existing utilities within APE are complete. Relocation Claim Letter under PW02 -11. was sent to all utility companies. > Amendment amounts represent portion appropriated for PW07 -04. CITY OF TEMECULA PAGE 5 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6/10/2010 %TIME PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ PAID ($) bid date) Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium Consultant: WLC Architects adjacent the Boys & Girls Club on Pujol Street. The land is to be utilized as staging area Contract Amount: $307,390.00 for the Murrieta Creek Improvements project and it will need to be acquired from Riverside PW07 05CSD II Account No. 210 - 190 -186 Amer Attar 10 %(17109) 5% County Flood Control (RCFC) for the current design. A time line was established by TCSD for the design and environmental work. The City Council gave the approval of the Master Plan and the authorization to move forward with developing the construction drawings. Staff is coordinating meetings with the parties involved and the architect. Santa Gertrudis Creek Pedestrian /Bicycle Trail The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Extension and Interconnect Kendra Creek Pedestrian /Bicycle Trail at Ynez Road to the Murrieta Creek Multi- Purpose Trail at Alignment Study, Design & Environmental Clearance Hannah- Diaz Road. The City Council approved an agreement with Hall & Foreman at the 11/25/08 PW08 -04 11 Consultant: Hall & Foreman, Inc. Meistrell1 70% (1212010) 48% meeting. The kick off meeting was held on 01/08/09. The alignment study has been Contract Amount: $246,865.00 Avlin Ociviar completed. Extension of time for the Bicycle Transportation Account funds was approved Account No. 210 -165- 739 -58XX on 05/01/09. The consultant is working on 90% plans, specifications and estimate. Nicolas Valley- Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing Consultant: David Evans &Associates (DEA) Kendra the street and minor storm drain improvements on the unimproved portions of certain Contract Amount: $120,900.00 Hannah- streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement PW08 -06 II Account No. 210- 165 - 502 -SBXX Mn Oci 11 l AAmer 90% (0612010) �% for the street improvement design with David Evans and Associates at the 10/28/08 City ttarl Amr Attar Council Meeting. The kick off meeting for the design of the street improvements was held on 12/17/08. Consultant is working on 100% plans, specifications and estimate. Roripaugh Ranch Street Improvements- Phase I Ph I includes the design & construction of Butterfield Stage Road (BSR) from Murrieta Hot Construction of Butterfield Stage Road/MHSR Springs Road (MHSR) to Calee Chapos, a portion of MHSR, Calee Chapos, South Loop Rd Consultant: David Evans &Associates (DEA) Mayne De La and making the Fire Station functional. Liens have been resolved. David Evans and PW09 -02 I Contract Amount: $304,125 Tome/Amer 0% 0% Associates' (DEA) and Hirsh & Associates, Inc. (HAI) were awarded contracts to Account No. 210 -165- 723 -58XX Attar complete the design. Final (100 %) plans were received from DEA on 4/23/10; City to review them. Staff is working on the Bid Docs. The City Attorney is to review the impacts of the FDIC's new involvement. Traffic Signal Installation - Citywide Kendra This project will install traffic signals at two intersections; Meadows Parkway at Pauba Meadows Parkway at Pauba Road and Rancho Hannah- Road and Rancho California Road at Yukon Road. Notice To Proceed was issued PW09 -07 I California Road at Yukon Road Meistrell1 50 %(0612010) 44% 12/21/09 for design activities. Completion of Plans and Specifications is anticipated in Consultant: $ Engineering Contract Amtt: : $26, 610 28, Avlin Ociviar June 2010. Consultant is working on 90% plans, specifications and estimate. I -15 / SR -79S Ultimate Interchange 30% PS &E - Comments received from Caltrans on 05/20/10. Revisions are being PW04 -08 I Consultant: RBF Avlin Ociviar 60% (0612011) 55% prepared. Contract Amt: $2,032,600 EWA 01 Amt: $142,973 PROJECTS BEING DESIGNED BY STAFF Long Canyon Detention Basin - Access Road Plans and specifications are 90% complete. City is seeking FEMA funds to remove PW04 -07 I ? ? ? ? ? ? ? ? ?? 0% NIA excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. Citywide Slurry Seal Project FY 2009-2010 This Project is the annual slurry seal project that will slurry seal local streets within the Contractor: xx Chris White 1 City. The specifications are currently being prepared. Authorization from City Council to PW 10 -01 Contract Amount: xx Amer Attar 0% 0% solicit bids is scheduled on May 11, 2010. Bid is tentatively scheduled for beginning of Account Number xx : July. CITY OF TEMECULA PAGE 6 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6/10/2010 %TIME PROJECT PROJECT NAME, DESCRIPTION, PROJECT COMPLETE NO PRIORITY CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ CONTRACT CURRENT STATUS & PROGRESS PAID ($) bid date) Closed Circuit Television (CCTV) Installation on This Project will install fiber optic cable in existing conduits and 4 television cameras at Temecula Parkway Jerry four intersections to monitor traffic flow on Temecula Parkway between Pechanga PW 07 -07 1 Contractor xx Gonzalez/Chri 0% 0% Parkway and Butterfield Stage Road. City Council authorized staff to solicit bids on April ContractAmount: xx s White 27, 2010, bid is tentatively schedule for beginning of July. Account Number: xx PROJECTS IN THE PLANNING STAGE French Valley Parkway / Interstate 15 Over - Crossing Project Report - Approved January 2010. and Interchange Improvements (PA & ED) Environmental Document - Approved January 2010. Consultant: Moffatt & Nichol New Connection Report - Approved April 2010. Agreement Amount: $1,091,693.00 Freeway Agreements- Under Caltrans review. Amend. No. 1 202,652.40* : Amend. No. 2: 21,630.00 CCO No. 1: 25,000.00 CCO No. 2: 8,000.00 CCO No. 3: 18,008.00 CCO No. 4: 11,320.00 William PW02 -11 I CCO No. 5: 37,645.00 Becerra/Avlin 95%(06110) 95% Amend. No. 3: 283,982.52 Odviar/ Amer Amend. No. 4: See PW07 -04 Attar Amend. No. 5: 169,000.00 Amend. No. 6: 110,917.00 Amend. No. 7: 14,573.36 Amend. No. 8 See PW07 -04 Amend. No. 9 100,000.00 Amend No. 10 414,774.00 Notes: > Amend. No. 1 also applies to PW07 -04. See PW07 -04 for add'I apportionment. PROJECTS WAITING IN THE WINGS Temecula Creek Crossing - Access to Highway 79 The project consists of performing an alignment study to set a specific horizontal and South (Temecula Parkway) vertical alignment for an extension of Avenida de Missions southerly to gain vehicular Bridge Alignment Study- Avenida de Missions over Kendra access to Loma Linda Road, including a bridge crossing over Temecula Creek. Final PW08 -03 II Temecula Creek mecula Creek Associates, Inc. Consultant Hannah- Meis Vlin 100% 100% engineering report is complete. Project is pending allocation of funds for design. Contract Amount: $87,923.00 Odviar Account No. 210 - 165- 677 -58XX Multi - Trails System- Margarita Road Under Crossing This project will construct a trail for bicycles and pedestrians along Santa Gertrudis Creek Consultant: LAN Engineering under Margarita Road. Data regarding existing utilities are being incorporated into the PW04 -13 I Contract Amount: $114,426.00 William 100% 100% design. RCFC has provided an Encroachment Permit. Plans & Specs are complete. This Becerm project cannot be constructed until adequate funds are identified. An application was submitted for State Bicycle Transportation Account (BTA) funds on 12/1/06. Auxiliary Lanes on I -15 in Temecula A feasibility study will be conducted to determine if auxiliary lanes can be added between on and off -ramps on 1 -15 in Temecula to improve the freeway operation. An RFP to PW06 -17 I Amer Attar conduct the study was published on the City's website on 02/14/07. Proposals were received on 03/16/07. The City reviewed the proposals and selected a consultant. Due to funding constraints, this project is being delayed indefinitely. CITY OF TEMECULA PAGE 7 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6/10/2010 %TIME PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ PAID ($) bid date) RIGHT OF WAY REL PROJECTS French Valley Parkway/ I -15 Overcrossing and William The review appraisal is complete. Caltrans has approved the appraisals. The City Council PW02 -11 I Interchange, Project Report (PR) Becerral Amer NIA NIA reviewed this matter in Closed Session on June 9, 2009. Negotiations with two property Attar owners have begun and are on -going Butterfield Stage Road - Roripaugh CFD The developer will perform his MOU commitments and Obtain the required RAN. He was Project Description: Right -of -Way issues associated directed to first focus on the RAN issues related to properties within Ph 1 of the project. He with the construction of specific improvements (BSR, Mayne De La was given City Attorney - approved release forms that the property owners must sign CFD 03 -02 MHSR, fire station, etc.) Contractor: N /A; Contract: N/A Tome/Amer releasing the developer from all obligations. To date, the developer hasn't obtained any Attar signed release form. The FDIC has taken over the bank, Amtrust. Any funds to be disbursed will have to be approved by the FDIC. It is unclear if the Developer is going to have any future involvement. Discussions with the City Attorney are on- going. Pechanga Parkway, Dual Right Turn Lanes from Purchase & Sale Agreement was sent to the property Owner. He did not accepted the Temecula Parkway City's offer. City Council adopted the Resolution of Necessity at the 11/25/08 meeting. A PW 06 -11 Amer Attar check was prepared for court deposit to file eminent domain lawsuit. Lawsuit was fled in mid February. The City gained possession of the property as of June 5, 2009. Funds has been disbursed to the property owner. Once we receive a signed acknowledgment from the property owner, it will filed with the court and the matter will be closed. Pechanga Parkway, Mitigation Land Purchase & Sale Agreement was sent to the property Owner. He has not accepted the City's offer. City Council has adopted the Resolution of Necessity at the 11/25/08 meeting. The City is working on the legal documents to gain possession of the property. The California Department of Fish & Game (DFG) is now involved due to impacts to properties PW 99 -11 Amer Attar that has Conservation Easements on them. They will have to sign off on this acquisition. A site visit with the DFG took place on 03/16/10. Another site visit, this time with Army Corps and Regional Water Board was conducted on April 23rd. Water table level tests will be conducted. Riverside County Flood Control Parcels -Old Town Final Purchase and Sale agreements4egals for portions of Museum, Theater and vacant Beryl property parcels are in process. 1st /Front Street parcel agreement /legal description is Amer Attar AmerAttar under review. RCFC will be revising the purchasing documents in accordance with the field staking. Murrieta Creek Bridge and Overland Drive Extension To initiate this right of way work, seven title reports were ordered on 12/2/08. The City received all legals and plats from the consultant. Staff met with the appraiser to go over what needs to be acquired. The appraiser submitted a proposal for this work to the City. PW00 -26 Amer Attar Property staking will be done to facilitate the appraisal process. "Letters of a Decision to Appraise" were sent to all affected property owners. Staff is reviewing the draft appraisal reports. Western Bypass Bridge Over Murrieta Creek Will Becerral City accepted the Offer of Dedication that was not accepted by County on Parcel Map PM Beryl 8248, which was recorded on 2/15/1977. Four legals and plats will be prepared by the PW06 -04 I Yasinoskyl consultant. Title Reports for the required parcels were ordered. Legals /plats have been Amer Attar received and we are proceeding with appraisals. CITY OF TEMECULA PAGE 8 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6/10/2010 %TIME PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ PAID ($) bid date) SPECIAL AND MISCELLANEOUS PROJECTS Roripaugh Ranch CFD Staff reviewed the submitted Reimbursement Request for the two bridges. Comments were provided to Ashby USA representatives. Meetings were held with the developer CFD 03 -02 Annie Bostre- NIA seeking these reimbursements to finalize the numbers. The City Attorney was provided Lei Amer Attar the information. All outstanding liens have been paid. The City Attorney is to review the impacts associated with the FDIC's new involvement.. CFD 01 -02 Harveston CFD Amer Attar NIA No activities during the last period CFD 03 -06 Harveston CFD Amer Attar NIA NIA No activities during the last period. CFD 03 -01 Crown Hill CFD Amer Attar NIA NIA No activities during the last period. Wolf Creek CFD Standard Pacific continues to obtain the required soundwall waivers. As of 09- 08 -09, 23 waivers have been received by the City. These waivers have been recorded. With respect to properties in foreclosure, Caltrans advised the the developer is to write letters to the CFD 03 -03 Amer Attar NIA NIA banks asking them to sign the waivers and that if developer does not hear from them within a reasonable time, they can assume that the bank does not want the wall. The developer sent the City the remaining documents concerning the sound walls, Documents are under review by staff. CFD 02 -08 Serena Hills CFD Amer Attar NIA NIA No activities during the last period. Quarterly Review- Tracking, preparing, and Various Projects. Various I processing Federal, State and TUMF Funds Julie Dauer On -going NIA Reimbursements Contract Administration On -going review of CIP project contracts, amendments, extra work authorizations & Various I Julie Dauer On -going NIA change orders and maintaining budget accounts. Providing assistance to staff in processing invoices for all CIP division projects. Murrieta Creek Multi Purpose Trail Project is complete and balance of federal funding to be requested for reimbursement and PW01 -27 Julie Dauer NIA NIA submitted along with 'Final Report of Expenditures' for project closeout. Surface Transportation Program (STP) - De Portola Federal funding reimbursement requests will be submitted to Caltrans as project PW06 -10 I Road Pavement Rehabilitation Julie Dauer NIA NIA progresses. $458,990 STP funds PW03 -05 I Highway Bridge Replacement & Rehabilitation Julie Dauer NIA NIA Total HBRR funds $4,337,970. Program (HBRR) - Main Street Bridge SR2S- Safe Routes to School Program - Ped /Bicycle Awaiting approval of environmental document from Caltrans. SR2S funding has been PW05 -11 I Bridge over Santa Gertrudis Creek to Chaparral Hig Julie Dauer NIA NIA awarded in the amount of $425,520. In addition to SR2S funding we have been awarded $132,000 in SB821 funding. Various I Transportation Uniform Mitigation Fee (TUMF) Julie Dauer NIA NIA TUMF reimbursement requests prepared quarterly for submittal to WRCOG & RCTC. TE - Transportation Enhancement Received approval of our 'Request for Allocation' through the CTC and have submitted our PW06 -15 I Winchester Road /State Route 79 North Corridor Julie Dauer NIA NIA RFA package to Caltrans for'Authorization to Proceed with Construction'. Total funds Beautification Projec awarded per TE Funding adjustments $1,646,000. CITY OF TEMECULA PAGE 9 OF 9 CAPITAL IMPROVEMENTS PROJECTS - MONTHLY WORK PROGRESS SHEET 6/10/2010 %TIME PROJECT PRIORITY PROJECT NAME, DESCRIPTION, PROJECT COMPLETE CONTRACT CURRENT STATUS & PROGRESS NO CONTRACTOR & CONTRACT $'s ENGINEER (Est. comp./ PAID ($) bid date) Pechanga Parkway Phase II Street Improvements- Project is essentially complete and upon payment of retention to contractor will process PW99 -11 I Public Land & Highways Funded Julie Dauer NIA NIA 'Final Report of Expenditures' and final invoice for reimbursement to Caltrans. Total PLH (Phase II) funding is $4,000,000. Various I Bond Releases Julie Dauer NIA NIA Continued review of CIP project bonds scheduled for release. 2006/07 Bicycle Transportation Account Cooperative Work Agreement (CWA) has been approved by Caltrans, BTA division. The BTA Funds CWA will extend the terms of the original agreement to allow for the continuation of project PW08 -04 I Santa Gertrudis Creek Bicycle Trail Extension and Julie Dauer NIA NIA design. 2006/07 BTA funds approved for the planning & preliminary engineering and total Interconnect award of $395,000. Standardize the format of the Specifications for all Specifications library is continuously being updated and amended. The boiler -plate section projects is also being reviewed and updated. All specifications were updated to 2010. Federal David McBride On -going NIA specifications were updated to new DBE regulations. CDBG boilerplate specifications were added to our library of specifications. Circulation Element Implement Plan This Project is to identify all future projects necessary so that the current Circulation Element of the General Plan is fully implemented. Data entry into the database is complete. The tasks of field verification, cost estimates preparation, and aerial mapping Amer Attar NIA NIA have all been completed. The information gathering and the reporting stage of this project is complete. CIP staff started working with GIS to automate the availability and the update of the information. Update Plans to Reflect As -Built Conditions for All City receives blue prints from many contractors marked with As -Built conditions for various Recent Projects projects. Some of these As -Built conditions have never been transferred to the project On-going 9 9 NIA mylars. As -Built plans will be created for all recent projects, if it was not done at the time of submission. Consultant Selection Information is now available on the City's web -site on how to be placed on the consultant Various I Julie Dauer On -going NIA (vendor) list and data stored in this manner will be source for future RFP's & RFQ's for upcoming projects. Pavement Rehabilitation - Rancho California Road Project is currently in construction and preparation of reimbursement invoices will be PW06 -14 I (STPL) Julie Dauer NIA NIA prepared for submittal to Caltrans as project progresses. STPL funding of $2,958,000. Pavement Rehabilitation of Rancho California Road from Ynez Road to Butterfield Stage Road Citywide Traffic Light Synchronization System City has been awarded $515,000 in Traffic Light Synchronization Program (TLSP) funding Purchase, install & implement an adaptive traffic (Prop 1 B). Our request for Allocation has been submitted to the California Transportation TBD signal synchronization system along six corridors Julie Dauer NIA NIA Commission (CTC) for placement on their agenda for November 12, 2009 meeting. State within the City. to sell additional bonds to meet allocation requests. 14FI-11:111 r_ l0I ►yi1 :1 :101TANI ►yiINI L1 119 :1 :1110]N161K Monthly Activity Report May/ June 2010 Prepared by: Amer Attar Submitted by: Greg Butler Date: 6/22/2010 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in March of 2010. A fire engine /truck venting system (requested /added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Minor BMP improvements were completed in late November of 2009. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project involves construction of the Town Square and street improvements on Mercedes & Main Streets. The project was awarded on March 18, 2008. Various specialty items and added work extended the completion date through Spring of 2010. In addition final paving in this contract will be defferred to the completion of the Civic Center. Pechanga Parkway Phase II Street Improvements from Temecula Parkway to City Limits @ Pechanga Rd. This project widens Pechanga Pkwy to its ultimate width from Temecula Pkwy to Pechanga Rd. The contractor has completed the improvements. The final change order is pending processing. There is a claim against AAA and the City from EMWD regarding damages to their facilities that the AAA has allegedly caused. The City has withheld 125% of the claim amount from AAA and is working with AAA to address this issue. The project is complete. Old Town Infrastructure Projects - Parking Structure & Office /Retail Frontage The structure was opened to the public on March 1, 2010. Punch list and close out work will be ongoing for two to three months. In addition a long term (5 year) maintenance contract will be established for enhanced landscaping constructed in the Caltrans right of way as part of this project. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration Agreement, and Nationwide Permits have been acquired. Bids were opened on 08/26/08 and awarded on 12/08/09. Notice to Proceed effective 01/04/10. Construction has begun. Vegetation removal and habitat creation area grading is complete Old Town Civic Center This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Work is ongoing on interior drywall, painting, tile work, drop ceilings, casework and detail work for mechanical, electrical and plumbing. Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings Phase 2 of this project will renovate the Escallier House and Barn. Bids were opened on March 4, 2010. A recommendation to award a contract was approved at the City Council at the 03/23/10 meeting. Notice to proceed is effective 05/03/10 for Phase 2. Redhawk Park Improvements This project will add amenities, which include ADA accessible parking, a restroom, a half -court basketball court, and permanent dog park at Redhawk Community Park. As part of this project, a seatwall will be installed at Sunset Park. The Notice To Proceed was issued 12/21/09. Construction activities began in January 2010. Completion is anticipated in August 2010. Pavement Rehabilitation Rancho California Road (Ynez to East City Limit) - STPL Project This project will rehabilitate Rancho California Road from Ynez Road to the City limits on the east. Construction began on June 3, 2009. The contractor is working on punchlist items. Winchester Road / State Route 79 North - North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The contractor is currently working on phases 1, 2 & 3 in the existing medians pouring stamped concrete and installing irrigation conduit. Traffic Signal Interconnect Equipment Installation This project will install traffic signal interconnect equipment on Margarita Road, from Rancho California Road to Pio Pico Road. Project is complete. The Notice of Completion and project acceptance went before the City Council at the May 25, 2010 meeting. Citywide Slurry Seal Project FY 2009 -2010 This project will slurry seal local streets within the Roripaugh Hills Estates, Campus Verdes and Nicholas Valley Areas. Proposition 1 B funds will be used to fund this project. Project is scheduled on June 8,2010 Council Meeting to award the contract. Ian ell]* 4&1-- 1ml 1LI [r1_1 sin ;1 :4961;1 oil 7e] :a --]Is m Road and Storm Drain Repair at Rancho California Road Storm drain pipes have been determined to be essentially sound. The approach from this point will take the form of debris removal, surface preparation, and installation of concrete paving in the pipe invert to extend the life of the pipe, no roadway repair is anticipated. Bid opening scheduled for 6/2/10. Citywide Storm Drain Improvements - Rancho California Rd at Vincent Moraga Dr Project consists of installing two catch basins and approx. 100' of RCP drainage pipe across Rancho California Road at Vincent Moraga Drive, as well as relocation of an existing RCWD waterline. Project is being advertised for bids, bid opening scheduled for 6/22/10. Road Reconstruction at Jedediah Smith Road Project will rehabilitate roadway surface using the Asphalt Rubberized Aggregate Membrane (ARAM) method on Jedediah Smith Road between Temecula Parkway and Cabrillo Ave, on Cabrillo Ave between Jedediah Smith Road and Vallejo Ave, and on Vallejo Ave between Cabrillo Ave and Ynez Road. Bid opening held was held on 5/17/10, ICE Engineering is the apparent low bidder. Contract award scheduled for the 6/8/10 Council meeting. Citywide Concrete Repairs FY 2009 -2010 This project will consist of various concrete repairs throughout the City. Bid opening is scheduled for June 3, 2010. Project is schedule on on the June 22, 2010 City Council Meeting to award the contract. :111110] ME" &IIL1IQ *1NL1I Re- Stripe Route 79 South to 8 lanes from Pechanga Parkway to 1 -15 This project will provide four lanes in each direction on Temecula Parkway (formerly State Route 79 South) from 1 -15 to Pechanga Parkway. The City is working to meet Caltrans requirements to do the striping. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements - Stage I. The wetlands will be created through construction of new landscape /irrigation systems. The site is located along the north bank of Temecula Creek (within flood - plain /way areas). The environmental regulatory agencies have approved this new mitigation area. Mylars are ready for signature. Offers for purchase of the properties were made and City Council adopted a Resolution of Necessity to acquire the property on 11/25/08. The proposed improvements can't be implemented until the City obtains possession of the property. The California Department of Fish & Game (DFG) will have to sign off on this acquisition since they have jurisdiction over land the City will use for access. A site visit with the DFG took place on 03/16/10. Another site visit, this time with Army Corps and Regional Water Board was conducted on April 23rd. Water table level tests will be conducted. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. Coordination with RCFC & WCD, U.S. Army Corps of Engineers and the state environmental regulatory agencies is required. the design is complete and the City has the mylars and the electronic files of the plans. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Improvement project. Environmental technical reports required for NEPA clearance resubmitted to Caltrans on 4/15/10, response on cultural reports received 5/27/10, biology comments anticipated week of 5/31/10. Pedestrian /Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped /bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. Environmental clearance (Categorical Exclusion) was obtained from Caltrans on 5/20/10. Request for Authorization (RFA) to Proceed with Construction package to be submitted to Caltrans the week of 06/07/10. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. Design is underway. Geotechnical investigations have been initiated and 90% Plans and Specs are being reviewed. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Temecula Park and Ride (79 South) This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The 70% design drawings were returned to AAE for revision and resubmittal. City and consultant are discussing some of the comments. The consultant is working to finalize the plans. 90% submittal is expected after the lighting issue is resolved and the consultant make the necessary changes. Pechanga Pkwy -Dual Right Turn Lanes from Temecula Parkway (SR 79S) This project included the design and construction of 2 right -turn lanes on eastbound Temecula Pkwy to southbound Pechanga Pkwy. The Pechanga Pkwy Ph II Street Improvements' contractor has completed this work, as a change order to their contract. French Valley Parkway/ Interstate 15 Over - Crossing and Interchange Improvements - Phase 1 (PS &E) A southbound off -Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off -ramp are the components of Phase 1. City continued the design work. Status is as follows: > 95% PS &E - Being prepared for submittal to Caltrans June 2010. > Right of Way - Establishing limits of dedication. > Declaration of Units - Caltrans Approved Metric Exception for this phase. > Utilities - Pothole of existing utilities within APE are complete. Relocation Claim Letter was sent to all utility companies. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. The land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be acquired from Riverside County Flood Control (RCFC) for the current design. A time line was established by TCSD for the design and environmental work. The City Council gave the approval of the Master Plan and the authorization to move forward with developing the construction drawings. Staff is coordinating meetings with the parties involved and the architect. Long Canyon Detention Basin - Access Road Plans and specifications are 90% complete. City is seeking FEMA funds to remove excess silt deposited within the basin before constructing the access road. Project is on hold until FEMA determination is finalized. Santa Gertrudis Creek Pedestrian /Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian /Bicycle Trail at Ynez Road to the Murrieta Creek Multi- Purpose Trail at Diaz Road. The City Council approved an agreement with Hall & Foreman at the 11/25/08 meeting. The kick off meeting was held on 01/08/09. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is working on 90% plans, specifications and estimate. Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. The City Council approved an agreement for the street improvement design with David Evans and Associates at the 10/28/08 City Council Meeting. The kick off meeting for the design of the street improvements was held on 12/17/08. Consultant is working on 100% plans, specifications and estimate. Roripaugh Ranch Street Improvements - Phase I Ph I includes the design & construction of Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to Calle Chapos, a portion of MHSR, Calle Chapos, South Loop Rd and making the Fire Station functional. Liens have been resolved. David Evans and Associates' (DEA) and Hirsh & Associates, Inc. (HAI) were awarded contracts to complete the design. Final (100 %) plans were received from DEA on 4/23/10; City to review them. Staff is working on the Bid Docs. The City Attorney is to review the impacts of the FDIC's new involvement. Traffic Signal Installation - Citywide This project will install traffic signals at two intersections, Meadows Parkway at Pauba Road and Rancho California Road at Yukon Road. Notice To Proceed was issued 12/21/09 for design activities. Completion of Plans and Specifications is anticipated in June 2010. Consultant is working on 90% plans, specifications and estimate. 1 -15 / SR -79S Ultimate Interchange 30% PS &E - Comments received from Caltrans on 05/20/10. Revisions are being prepared. Citywide Slurry Seal Project FY 2009 -2010 This Project is the annual slurry seal project that will slurry seal local streets within the City. The specifications are currently being prepared. Authorization from City Council to solicit bids is scheduled on May 11, 2010. Closed Circuit Television (CCTV) Installation on Temecula Parkway This Project will install fiber optic cable in existing conduits and 4 television cameras at four intersections to monitor traffic flow on Temecula Parkway between Pechanga Parkway and Butterfield Stage Road. City Council authorized staff to solicit bids on April 27, 2010, bid is tentatively schedule for mid June. n el l]* @1 &11LlII:I ;a »_lLl ILl I ILl [elm r_W0 French Valley Parkway/ Interstate 15 Over - Crossing and Interchange Improvements (PA & ED) Project Report - Approved January 2010. Environmental Document -Approved January 2010. New Connection Report - Approved April 2010. Freeway Agreements - Under Caltrans review. Item No. 36 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Shawn D. Nelson, City Manager DATE: June 22, 2010 SUBJECT: City Council Travel /Conference Report - May 2010 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On May 13, 2010 Mayor Jeff Comerchero traveled to Riverside, California to attend the National League of Cities' Community and Economic Development Steering Committee Meeting. Attachment: Meeting Agenda COMMUNITY AND ECONOMIC DEVELOPMENT STEERING COMMITTEE MEETING RIVERSIDE, CA Thursday, May 13, 2010- Saturday, May 15, 2010 Meetin¢ Site Riverside Marriott 3400 Market Street Riverside, California 92501 Phone: 951-784-8000 Presidin¢ Jacquelyn Johnson, Chair Council Member East Orange, New Jersey NLC Staff Michael Wallace Principal Associate for Finance and Economic Development (202) 626 -3025 wallacena nlc.org James A. Brooks Program Director, Center for Research and Innovation (202) 626 -3163 brooksgnlc.org COMMUNITY AND ECONOMIC DEVELOPMENT (CED) STEERING COMMITTEE MEETING AGENDA Riverside, California Thursday, May 13, 2010 Additional Materials 5:30 p.m. WELCOMING RECEPTION Grier Pavilion (City Hall) Presentation: Riverside Renaissance 7:30 p.m. TOUR OF THE MISSION INN HOTEL & SPA (Optional) Pick up at the Grier Pavilion Friday, May 14, 2010 8:00 a.m.— BREAKFAST 9:00 a.m. Regency Ballroom, Riverside Marriott 9:00 a.m. WELCOME AND MEETING OVERVIEW P. 4 Jacquelyn Johnson, Chair Council Member, East Orange, New Jersey 9:30 a.m. RESPONSIBLE REDEVELOPMENT PRESENTATION PP. 5 -6 Roger Williams Senior Fellow/ Director, Responsible Redevelopment Initiatives, Annie E. Casey Foundation 11:00 a.m. RESPONSE TO FEDERAL REQUEST FOR INFORMATION P. 7 Discussion: Respond to Request for Public Input on Reform of the Housing Finance System 12:30 p.m.— LUNCH 1:30 p.m. 1:30 p.m.- U.S. SMALL BUSINESS ADMINISTRATION PRESENTATION Rachel Baranick Director, Santa Ana District Office, U.S. Small Business Administration 3:00 p.m. CONTINUED DISCUSSION OF NLC'S 2010 LEGISLATIVE PP. 8 -14 PRIORITIES AND ADVOCACY, EFFORTS Michael Wallace Principal Associate for Finance and Economic Development, NLC Center for Federal Relations Discussion/Action: The "Local Jobs for America Act," the "Livable Communities Initiative," and other federal issues 5:00 p.m.' TOUR OF THE FOX PERFORMING ARTS CENTER Shuttle Pick -up at Riverside Marriott 6:30 p.m. DINNER Phood on Main 8:00 P.M. 3 THEATRE GROUP PRESENTS CELADINE (Optional) Mission Galleria 3`s Floor NOTE: Staff for Riverside Congressional Delegation have been invited to speak anytime. 2 COMMUNITY AND ECONOMIC DEVELOPMENT (CED) STEERING COMMITTEE MEETING AGENDA Saturday, May 15, 2010 Additional Materials 8:00 a.m.— BREAKFAST Discussion: Potential Fall Meeting 9:00 a.m. Regency Ballroom Directory 9:00 a.m. NLC BOARD UPDATE Sharyn Tallman, CED Board Representative Council President, Parkersburg, West Virginia NLC ADVISORY COUNCIL UPDATE Henry Marraffa, CED Advisory Council Representative Council Member, Gaithersburg, Maryland 9:45 a.m. PROPOSED RESOLUTIONS AND AMENDMENTS TO PP. 15 -17 NATIONAL MUNICIPAL POLICY & • Review of Existing Resolutions Email Responsible Banking Resolution Attachment • , Discussion of Economic Development Policy 11:00 a.m. 12 :00 p.m. 12:30 p.m. CED COMMITTEE REVIEW P. 18= Discussion: Potential Fall Meeting Committee' Directory ADJOURNMENT LUNCH /BUS TOUR OF RIVERSIDE Pick -up at Riverside Marriott Item No. 37 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager /City Council FROM: Andre O'Harra, Chief of Police DATE: June 22, 2010 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of May 2010. PATROL SERVICES Overall calls for police service ................................................................... ............................... 2712 "Priority One" calls for service ........................................................................ ............................... 51 Average response time for "Priority One" calls ... ............................... ...........................5.55 Minutes VOLUNTEERS Volunteer administration hours .................................................................... ............................... 225 SpecialEvents ............................................................................................. ............................... 524 Community Action Patrol (CAP) hours ...................................................... ............................... 1100 Reserve officer hours (patrol) ........................................................................ ............................... 33 Traininghours .............................................................................................. ............................... 267 TotalVolunteer hours ................................................................................. ............................... 1821 CRIME PREVENTION /GRAFFITI Crime prevention workshops /Neighborhood watch meetings conducted .... ............................... 12 Residential /business security surveys conducted ........................................... ............................... 0 Businessesvisited ......................................................................................... ............................... 34 Businesses visited for past crime follow- up ..................................................... ............................... 2 Crime prevention articles ................................................................................. ............................... 0 Number of Graffiti Locations ......................................................... ............................... 159 OLD TOWN STOREFRONT Total customers served ................................................................................ ............................... 354 Setsof fingerprints taken ............................................................................... ............................... 71 Policereports filed ......................................................................................... ............................... 06 Citationssigned off ...................................................................................... ............................... 118 Totalreceipts ...................................................................................... ............................... $5,312.00 SPECIAL ENFORCEMENT TEAM (SET TEAM) On sight felony arrests .......... ............................... On sight misdemeanor arrests ............................. Felony arrest warrants served ............................. Misdemeanor arrest warrants served .................. Follow -up investigations ........ ............................... Traffic Stops/Vehicle Checks .............................. Massage Compliance Checks ............................ Crime Free Housing Checks ............................... Citations issued for hazardous violations .................................................. ............................... 1183 D.U.I. checkpoints conducted .......................................................................... ............................... 0 D.U.I. Arrest ..................................................................................... .............................29 ............................... 24 Non - Hazardous citations .............................................................................. ............................... 459 Stop Light Abuse /Intersection Program (S.L.A.P.) citations ........................ ............................... 235 Neighborhood Enforcement Team (N.E.T.) citations .................................. ............................... 104 ParkingCitations .......................................................................................... ............................... 116 SchoolZones ................................................................................. .............................19 SeatbeIts ..................................................................................... .............................45 CellPhone Cites .............................................................................. ............................... 192 Injurycollisions ............................................................................................... ............................... 22 Presentations............................................................................... ..............................1 INVESTIGATIONS BeginningCaseload ..................................................................................... ............................... 113 TotalCases Assigned ................................................................................... ............................... 49 TotalCases Closed ....................................................... .............................39 Number of community seminars /presentations conducted ............................. ............................... 0 PROMENADE MALL TEAM Calls for service ........................ Felony arrest /filings .................. Misdemeanor arrest/filings....... Vehicle burglaries .................... Vehicle thefts ............................ Total receipts ............................ .......... 289 ............ 14 ............ 31 .............. 0 .............. 0 $9,263.00 Felonyarrests ................................................................................................ ............................... 12 Misdemeanor arrests ....................................................................................... ............................... 5 Citations......................................................................................................... ............................... 24 Youthcounseled ......................................................................................... ............................... 156 Presentations............................................................................. ............................... 16 IN14�:IeCKK�1�L ��e1- 31������e1P� Schoolvisits ................................................................................................... ............................... 48 Homevisits ....................................................................................................... ............................... 4 Presentations (Every 15 minutes) ...................................................... ..............................1 DrugTests .................................................................................. ..............................3 Operations (Tobacco Sting /Pill drop off) ................................................ ..............................2