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062513 CC Agenda
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 II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 25, 2013 – 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 P.M. – The City Council will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet with its real property negotiators pursuant to Government Code Section 54956.8 regarding real property negotiations for the acquisition of the real property commonly known as 27499 Commerce Center Drive, Temecula, California, and identified as Assessor's Parcel Number 921-480-031 in connection with the Murrieta Creek Bridge and Overland Drive Extension to Diaz Road, Project Number PW00-26. The negotiating parties are the City of Temecula, Jim and Terri McGill dba Ranch Muffler. The City's negotiators are Greg Butler and Amer Attar. The negotiators for the property owners are Jim and Terri McGill and their attorney John Sicilliano. Under negotiation are the price and terms of purchase of the McGill property. 2) CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to a matter of potential litigation and will discuss whether to initiate litigation against a certain defendants. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Josh Jurkosky 1 Next in Order: Ordinance: 13-06 Resolution: 13-40 Invocation: Mark Nilsen, Temecula Stake Presidency of the Church of Jesus Christ of Latter Day Saints Flag Salute: ROLL CALL: PUBLIC COMMENTS To Be Announced Comerchero, Edwards, Roberts, Washington, Naggar A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. 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, 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 11, 2013. 2 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Trustee/Fiscal Agent Services for Fiscal Year 2013-14 RECOMMENDATION: 4.1 Approve the expenditure of $33,780 for Fiscal Year 2013-14 trustee/fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), and Tax Allocation Bonds (TABS). 5 Agreement for Phlebotomy Services RECOMMENDATION: 5.1 Approve a four-year Agreement for Consultant Services with American Forensic Nurses DBA: AFN for Phlebotomy Services in the amount of $50,000 for Fiscal Year 2013-14 and a total contract amount of $200,000. 6 Agreements for DUI Drug and Alcohol Screening RECOMMENDATION: 6.1 Approve an Amendment to the Agreement with Bio Tox Laboratories for DUI Drug and Alcohol Screening Services for an additional $22,000 for Fiscal Year 2012-13 for a total annual contract amount of $52,000; 6.2 Approve a four-year Agreement for Consultant Services with Bio Tox Laboratories for DUI Drug and Alcohol Screening Services in the amount of $50,000 for Fiscal Year 2013-14 and a total contract amount of $200,000. 7 Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. RECOMMENDATION: 7.1 Approve the Sponsorship Agreement in the amount of $10,000 with Trauma Intervention Program of Southwest Riverside County, Inc. 8 Agreement with Proactive Fire Design, Inc. RECOMMENDATION: 8.1 Approve the Agreement with Proactive Fire Design, Inc. in the amount of $90,000 for Fiscal Year 2013-14 Fire Department plan review service. 3 9 Approval of an Agreement with Innovative Document Solutions for the Lease of Canon Copiers RECOMMENDATION: 9.1 Approve a five-year Agreement with Innovative Document Solutions (IDS) for the lease of nine replacement Canon multifunctioning printers/copiers for an annual amount of $6,240.96 for a total contract amount of $31,204.80. 10 Approval of the Communications Site Lease Agreement with San Diego State University Foundation RECOMMENDATION: 10.1 Approve a five-year Communications Site Lease Agreement with San Diego State University Foundation for an annual amount not to exceed $6,598.02 for a total contract amount of $32,990.10; 10.2 Authorize the City Manager to execute the agreement. 11 Pantry Operation Services RECOMMENDATION: 11.1 Provide staff direction to issue a Request for Proposal for pantry services; 11.2 Authorize the City Manager to terminate the lease with TEAM Evangelical Assistance Ministries of Rancho -Temecula. 12 Agreement for Building Plan Review Services for Fiscal Year 2013-14 RECOMMENDATION: 12.1 Approve an Agreement for Building Plan Review Services with Esgil Corporation in the amount of $100,000. 13 Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2013-14 RECOMMENDATION: 13.1 Approve an Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for Fiscal Year 2013-14 in the amount of $90,000. 4 14 Amendments to Annual Agreements for various services required by the Department of Public Works, Capital Improvements Projects (CIP) Division for Fiscal Year 2013-14 RECOMMENDATION: 14.1 Approve the following Amendments to Annual Agreements in the amounts stated for Fiscal Year 2013-14 for routine services for various Department of Public Works, CIP Division needs. Appraisal Services California Property Specialists — Second Amendment $50,000 Epic Land Solutions, Inc. — Second Amendment $50,000 Geotechnical Services Construction Testing & Engineering, Inc. — Second Amendment $100,000 Converse Consultants — Second Amendment $100,000 Leighton Consulting, Inc. — Second Amendment $100,000 Title Services Chicago Title — Third Amendment $40,000 Engineering and Survey Services Harris & Associates, Inc. — Second Amendment $100,000 RBF Consulting, Inc. — Second Amendment $100,000 15 Rejection of Bids for the Old Town Temecula Community Theater Remediation, PVV12-04 RECOMMENDATION: 15.1 Consent to relieve AMG & Associates, Inc. of its bid submitted for the Old Town Temecula Community Theater Remediation; 15.2 Reject all bids submitted for the Old Town Temecula Community Theater Remediation; 15.3 Authorize staff to rebid the Old Town Temecula Community Theater Remediation to start construction in spring/summer of 2014. 5 16 Temporary Street Closures for 2013 Summerfest Events RECOMMENDATION: 16.1 Receive and file a proposed action by the City Manager to temporarily close certain streets for the following 2013 Summerfest Events: STAR SPANGLED 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW RESTAURANT EXPRESS TOWN SQUARE EVENT 17 Establish the Temecula Energy Efficiency and Asset Management (TEAM) Fund RECOMMENDATION: 17.1 Approve the reassignment of Fiscal Year 2012-13 energy efficiency rebate revenue, estimated to be $120,000, from the General Fund into the Temecula Energy Efficiency and Asset Management (TEAM) Fund. 18 Resolution Supporting the Redesignation of Riverside County as a Recycling Market Development Zone RECOMMENDATION: 18.1 Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE REDESIGNATION OF RIVERSIDE COUNTY AS A RECYCLING MARKET DEVELOPMENT ZONE DUE TO AN INCREASE IN BOUNDARIES AND ADOPTION OF INITIAL STUDY AND NEGATIVE DECLARATION ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 13-01 Resolution: No. CSD 13-05 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD 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 Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 19 Action Minutes RECOMMENDATION: 19.1 Approve the action minutes of June 11, 2013. 20 Agreement with Melody's Ad Works, Inc. for Old Town Temecula Special Event Coordination and Marketing Services RECOMMENDATION: 20.1 Approve the Agreement with Melody's Ad Works, Inc. in the amount up to $51,500 for the coordination and marketing of special events in Old Town Temecula for Fiscal Year 2013-14. 7 21 Agreement for Entertainment and Technical Services RECOMMENDATION: 21.1 Approve an Agreement with Timmy D' Productions in the amount of $58,000 to provide entertainment and technical services including sound, stage, and lighting at Citywide special events and programs. The total is not to exceed $58,000, plus a contingency of 10% in the amount of $5,800 for a possible combined total of $63,800. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, July 9, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 8 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — no meeting TEMECULA HOUSING AUTHORITY — no meeting TEMECULA PUBLIC FINANCING AUTHORITY — no meeting 9 RECONVENE TEMECULA CITY COUNCIL DEPARTMENTAL REPORTS 22 Community Development Department Monthly Report 23 Police Department Monthly Report 24 Public Works Department Monthly Reports CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, July 9, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694- 6444. 10 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 11, 2013 — 7:00 PM 6:00 P.M. — The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with Legal Counsel — Potential Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to a matter of potential litigation and will discuss whether to initiate litigation against a certain defendant(s). A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. 2) The City Council will meet in closed session with its designated representatives to discuss labor negotiations pursuant to Government Code Section 54957.6. The City's designated representatives are: City Manager Aaron Adams; Special Labor Relations Counsel Jeff Freedman; City Attorney Peter Thorson, Director of Public Works Greg Butler, Sr. Management Analyst Heidi Schrader, and Sr. Human Resources Analyst Isaac Garibay. The employee organization is the California Teamsters Public, Professional and Medical Employees Union Local 911. 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 6:00 P.M., Mayor Pro Tem Edwards called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. CALL TO ORDER: Mayor Mike Naggar Prelude Music: Shawn Fujioka Invocation: Wendell Clark of Calvary Chapel Bible Fellowship Flag Salute: Chuck Washington ROLL CALL: Comerchero, Edwards, Roberts, Washington, Naggar Action Minutes 061113 1 PRESENTATIONS/PROCLAMATIONS 100th Birthday Certificate to Bernice Sloblom Odyssey of the Mind World Finals Update — Abby Reinke Elementary School Bicycle Friendly Community Award Presentation National Small Business Week Proclamation PUBLIC COMMENTS The following individuals addressed the City Council: • Patrice Lynes • Ernie White • Paul Jacobs • Shawn Leroy • Ed Elder CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. 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 Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. • Paul Jacobs addressed the City Council on Consent Calendar Item No. 2. RECOMMENDATION: 2.1 Approve the action minutes of May 28, 2013. Action Minutes 061113 2 3 List of Demands — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. • Ernie White addressed the Council regarding Consent Calendar Item No. 3. RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 13-30 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, 2013 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of April 30, 2013. 5 Financial Statements for the Nine Months Ended March 31, 2013 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. • Paul Jacobs addressed the City Council under Consent Calendar Item No. 5. RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2013; 5.2 Approve an appropriation of $22,000 in General Fund for Animal Control Services; 5.3 Approve a transfer of $39,000 from Public Works Department General Fund operating line item 001.164.605.5321 to 001.164.602.5412; 5.4 Approve a transfer of $130,000 from Public Works Department General Fund operating line item 001.164.605.5321 to 001.167.999.5419. Action Minutes 061113 3 6 Agreement for Audit Services for the Fiscal Years Ended June 30, 2013, 2014, and 2015 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 6.1 Approve a three-year Agreement with Vavrinek, Trine, Day & Co., LLP Certified Public Accountants, to serve as the City's auditors for the Fiscal Years ended June 30, 2013, 2014, and 2015 for an annual agreement amount of $44,880 each fiscal year for a total agreement amount of $134,640; 6.2 Authorize the City Manager to approve additional work up to 10% of the amount of the agreement as approved by City Council. 7 Approval of Employment Agreement with Aaron Adams — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 7.1 Approve the Employment Agreement for Aaron Adams. 8 Agreement for Consultant Services with Ellison Wilson Advocacy, LLC for State Lobbyist Services — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 8.1 Approve a two-year Agreement for state lobbyist services with Ellison Wilson Group, LLC, in an annual amount of $42,000. 9 Agreement for Consultant Services with David Turch and Associates for Federal Lobbyist Services — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 9.1 Approve a two-year Agreement for federal lobbyist services with David Turch and Associates in an annual amount of $42,000. Action Minutes 061113 4 10 Voter Approved Measure C Annual Special Tax Levy — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 10.1 Adopt a resolution entitled: RESOLUTION NO. 13-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL YEAR 2013-14 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 11 Fiscal Year 2013-14 Solid Waste and Recycling Fees — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 11.1 Adopt a resolution entitled: RESOLUTION NO. 13-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SOLID WASTE AND RECYLING FEES FOR FISCAL YEAR 2013-14 12 Second Amendment to Agreement for Building Plan Review Services for Fiscal Year 2012-13 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 12.1 Approve a Second Amendment to the Agreement for Building Plan Review Services with Esgil in the amount of $24,000. Action Minutes 061113 5 13 Approval of the Specifications and Authorization to Solicit Construction Bids for the Citywide Concrete Repairs for Fiscal Year 2013-14, PW13-05 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 13.1 Approve the specifications, and authorize the Department of Public Works to solicit construction bids for the Citywide Concrete Repairs for Fiscal Year 2013- 14, PW13-05. 14 Additional Construction Contingency and Notice of Completion for the Roripaugh Ranch Fire Station, PW03-01 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 14.1 Approve an increase of $9,108.25 to the construction contingency of the City's contract with Tovey Shultz Construction, Inc., and increase the administrative approval authority of the City Manager accordingly; 14.2 Accept the improvements constructed as part of this project as complete; 14.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 14.4 Release the Labor and Materials Bond seven months after filing of the Notice of Completion if no liens have been filed. 15 Approval of the Purchase and Sale Agreement and All -Inclusive Settlement Agreement for acquisition of Assessor's Parcel Numbers 922-210-057, 922-210-058, and 922-210- 059 in connection with the Interstate 15/State Route 79 South Ultimate Interchange Project, PW04-08 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. • Ernie White addressed the Council regarding Consent Calendar Item No. 15. RECOMMENDATION: 15.1 Adopt a resolution entitled: Action Minutes 061113 6 RESOLUTION NO. 13-33 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 FRONT ST. — SERVICE STATION, LP (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE) (PROJECT NUMBER PW04-08) AND APPROVING THAT CERTAIN AGREEMENT ENTITLED ALL-INCLUSIVE SETTLEMENT AGREEMENT AND GENERAL RELEASE BETWEEN THE CITY OF TEMECULA AND FRONT ST. — SERVICE STATION, L.P. (INTERSTATE 15/STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PROJECT) (PROJECT NUMBER PW04-08) 15.2 Accelerate the appropriation and funding in the amount of $629,434 from Fiscal Year 2013-14 to Fiscal Year 2012-13 in the Interstate 15/State Route 79 South Ultimate Interchange Project, PW04-08; 15.3 Authorize the Finance Director to issue warrants for the sums of $4,265,615 and $230,819, plus escrow fees for deposit with Escrow Holder Lawyers Title Company to complete the transaction. Escrow fees are estimated to not exceed $15,000; 15.4 Authorize the Finance Director to issue a warrant in the sum of $1,103,000, plus escrow fees for deposit with the Escrow Holder Old Republic Title Company to complete the transaction. Escrow fees are estimated to not exceed $15,000; 15.5 Authorize the City Manager to approve and execute any necessary documents, including the Form of Lease Agreement attached as Exhibit "F" to the Purchase and Sale Agreement, and to take all necessary actions to complete this acquisition, including without limitations, all escrow instructions. 16 Award of a Construction Contract for the Temecula Community Center Renovation, PW12-01 — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 16.1 Award the Construction Contract for the Temecula Community Center Renovation, PW12-01, to LDCO, Inc. in the amount of $1,520,814; 16.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $152,081, which is equal to 10% of the total contract amount; 16.3 Make a finding that the Temecula Community Center Renovation is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes 061113 7 17 Agreement with Alpha Mechanical Service & Engineering, Inc. for Heating Ventilation and Air Conditioning Maintenance Services — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 17.1 Approve an Agreement with Alpha Mechanical Service & Engineering, Inc. for Heating Ventilation and Air Conditioning Maintenance Services in the amount of $84,303 for Fiscal Year 2013-14. 18 Purchase of a Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 18.1 Approve an Agreement with Theodore Robins Inc. dlbla Theodore Robins Ford for the purchase of a Ford F-550 XL Super Duty Chassis Cab and Utility Bed with Equipment for a total amount of $77,734. 19 Approve Encroachment Agreement for Assessor Parcel Numbers 922-033-005 and 922- 033-006 (located at 41958 Fifth Street, Temecula) — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected approval with one absence. RECOMMENDATION: 19.1 Adopt a resolution entitled: RESOLUTION NO. 13-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "AGREEMENT FOR ENCROACHMENT OF GREASE INTERCEPTOR FACILITY WITHIN THE PUBLIC RIGHT OF WAY TO RUN WITH THE LAND (41958 FIFTH STREET, TEMECULA)" RECESS At 8:04 P.M., the City Council recessed and convened as the Temecula Community Services District Meeting and the Successor Agency to the Temecula Redevelopment Agency. At 8:50 P.M., the City Council resumed with the remainder of the Public Comments and the Consent Calendar. Action Minutes 061113 8 CITY COUNCIL BUSINESS 30 Adoption of the Fiscal Year 2013-14 Annual Operating Budget — Approved Staff Recommendation (4-0-1, Council Member Naggar absent) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence. RECOMMENDATION: 30.1 Adopt a resolution entitled: RESOLUTION NO. 13-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 30.2 Adopt a resolution entitled: RESOLUTION NO. 13-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REVISING THE SCHEDULE OF AUTHORIZED POSITIONS 30.3 Adopt a resolution entitled: RESOLUTION NO. 13-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2013-14 AND SELECTING THE POPULATION AND INFLATION FACTOR ACCORDINGLY 30.4 Adopt a resolution entitled: RESOLUTION NO. 13-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY TREASURER AND CONFIRMING THE AUTHORITY OF THE CITY TREASURER Action Minutes 061113 9 31 Adoption of the Fiscal Years 2014-2018 Capital Improvement Program Budget — Approved Staff Recommendation (3-0-1-1, Council Member Naggar absent, Council Member Edwards abstained) Council Member Washington made the motion; it was seconded by Council Member Roberts; and electronic vote reflected approval with one absence with the following noted abstention: Council Member Edwards abstained in the approval of this Resolution as such approval relates to the Murrieta Creek Improvement Project, and the Temecula Community Center Renovation project, because her employer, the Boys and Girls Club, is located within 500 feet of this project and are likely to affect her employer and this property. • Paul Jacobs addressed the City Council under Council Business Item No. 31. RECOMMENDATION: 31.1 Adopt a resolution entitled: RESOLUTION NO. 13-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEARS 2014-18 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2013-14 CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson announced there was no reportable action on Closed Session Item 2. With respect to Closed Session Item 1, Council authorized the City to file an appeal of the issuance of the MS4 Permit, the NPDES Elimination Permit, issued by the San Diego Regional Water Control Board which will be in conjunction with the Riverside County Flood Control District and the several cities that are part of that permit. ADJOURNMENT At 9:15 P.M., the City Council meeting was formally adjourned to Tuesday, June 25, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes 061113 10 Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: June 25, 2013 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Specialist RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- 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: 1. Resolution 2. List of Demands RESOLUTION NO. 13- 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 $3,432,391.38. 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 25th day of June, 2013. Michael S. Naggar, 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. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS 05/30/2013 TOTAL CHECK RUN $ 898,439.35 06/06/2013 TOTAL CHECK RUN 2,100,736.20 06/06/2013 TOTAL PAYROLL RUN: 433,215.83 TOTAL LIST OF DEMANDS FOR 06/25/2013 COUNCIL MEETING: $ 3,432,391.38 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,703,146.75 135 BUSINESS INCUBATOR RESOURCE 323.39 140 COMMUNITY DEV BLOCK GRANT 3,173.51 165 SARDA AFFORDABLE HOUSING 7,387.30 190 TEMECULA COMMUNITY SERVICES DISTRICT 149,854.33 192 TCSD SERVICE LEVEL B 185.61 194 TCSD SERVICE LEVEL D 2,388.07 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 5,622.11 197 TEMECULA LIBRARY FUND 86,550.25 210 CAPITAL IMPROVEMENT PROJECTS FUND 203,454.11 300 INSURANCE FUND 1,290.47 320 INFORMATION TECHNOLOGY 56,074.77 330 SUPPORT SERVICES 4,031.94 340 FACILITIES 29,641.51 375 SUMMER YOUTH EMPLOYMENT PROGRAM 88.02 380 SARDA DEBT SERVICE FUND 186,960.00 395 2011 FINANCING LEASE 2001 & 2008 COPS 533,643.75 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 396.08 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 326.59 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 197.41 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 35.28 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 228.23 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 1,073.19 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 81.33 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 438.21 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 25.27 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 33.19 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 29.94 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 316.60 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 195.88 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 88.52 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 39.00 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 2,919.87 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 26.69 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 669.54 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 126.49 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 398.77 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 753.52 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 32.58 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 32.09 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 10,412.36 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 68.22 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 26.33 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 641.77 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 338.19 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.52 700 CERBT CALIFORNIA EE RETIREE-GASB45 5,405.00 $ 2,999,175.55 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 260,319.23 140 COMMUNITY DEV BLOCK GRANT 1,029.80 165 SARDA AFFORDABLE HOUSING 7,046.79 190 TEMECULA COMMUNITY SERVICES DISTRICT 94,455.55 192 TCSD SERVICE LEVEL B 234.14 194 TCSD SERVICE LEVEL D 2,722.34 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 417.27 197 TEMECULA LIBRARY FUND 1,245.48 300 INSURANCE FUND 1,299.97 320 INFORMATION TECHNOLOGY 19,332.56 330 SUPPORT SERVICES 4,037.55 340 FACILITIES 10,486.03 375 SUMMER YOUTH EMPLOYMENT PROGRAM 724.13 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 81.98 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 54.93 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 65.45 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 11.86 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 132.39 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 23.95 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 33.95 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 224.68 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.28 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 10.16 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 6.97 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 150.04 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 31.92 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 18.54 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 16.18 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 37.26 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.28 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 138.93 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 74.38 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 201.55 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 340.94 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 8.16 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 8.99 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 191.79 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 61.75 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.84 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 8.99 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 282.61 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.75 700 CERBT CALIFORNIA EE RETIREE-GASB45 27,634.49 433,215.83 TOTAL BY FUND: $ 3,432,391.38 apChkLst Final Check List Page: 1 05/30/2013 1:53:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 2181 05/31/2013 014685 COMPASS BANK 01 & 08 COP Debt Service 533,643.75 533,643.75 2182 05/30/2013 000246 PERS (EMPLOYEES' Prjt ee 20283 admin fee for arrears 500.00 500.00 RETIREMENT) 158467 05/24/2013 014420 STEVE SPANGLER, INC. MISC. SUPPLIES:CHILDREN'S 1,541.97 1,541.97 MUSEUM 158468 05/30/2013 011098 ABBY REINKE ELEMENTRY "Odessey of the Mind" Sponsorship 5,000.00 5,000.00 SCHOOL 158469 05/30/2013 015919 AL IX, BETH refund:sec dep:rm rental:Pala Comm Pk 150.00 150.00 158470 05/30/2013 005037 AMERICAN ASPHALT SOUTH Release retention:citywide slurry seal 39,057.64 INC Citywide Slurry Seal Prjt prgs pmt 18,544.26 57,601.90 158471 05/30/2013 013950 AQUA CHILL OF SAN DIEGO Drinking water sys maint:fnance 27.00 27.00 158472 05/30/2013 006300 ASSOCIATION OF AMERICAN Membership:J.DeGange 90003309 170.00 170.00 158473 05/30/2013 014299 BOOKS ON TAPE BOOKS ON TAPE:LIBRARY 40.50 40.50 158474 05/30/2013 010939 CALIF DEPT OF INDUSTRIAL Elevator inspection fee: T. Museum 225.00 225.00 158475 05/30/2013 004248 CALIF DEPT OF Oct '12 fingerprinting srvcs:police 47.00 47.00 JUSTICE-ACCTING 158476 05/30/2013 004618 CALIF NARCOTIC OFFICERS Live Cook GHB & Meth 8/1 M.H.NV.M. 100.00 100.00 ASSN 158477 05/30/2013 007185 CALIF STATE UNIVERSITY Funding agreement pmt:CSU San Marcos 186,960.00 186,960.00 158478 05/30/2013 001264 COSTCO WHOLESALE MISC SUPPLIES:CHILDREN'S MUSEUM 993.14 MISC SUPPLIES: PW DEPTS 180.65 Refreshments:tve2 inaugural event 109.15 Misc supplies:father/daughter night 96.12 1,379.06 158479 05/30/2013 008810 CROSSTOWN ELECTRICAL & CCTV CAMERAS:REPLACEMENT 13,413.23 13,413.23 DATA PGRM 158480 05/30/2013 014580 DANCE THEATRE COLLECTIVE danceXchange performance 5/21 224.00 224.00 Pagel apChkLst Final Check List Page: 2 05/30/2013 1:53:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158481 05/30/2013 007057 DERN BACH, ESTHER MARIE TCSD instructor earnings 158482 05/30/2013 004192 DOWNS COMMERCIAL FUELING INC 245.00 245.00 Fuel for City vehicles:TCSD/PW Parks 2,684.37 Fuel for City vehicles: PW Maint Fuel for City vehicles: Code Enf Fuel for City vehicles: Bldg & Safety Fuel for City vehicles: PW Traffic Fuel for City vehicles: PW C IPM P DES Fuel for City vehicles: PW Land Dev Fuel for City vehicles: Police 1,742.97 531.67 482.58 372.01 331.96 206.81 69.29 6,421.66 158483 05/30/2013 007319 EAGLE ROAD SERVICE &TIRE veh repairs & maint:pw street maint 1,692.21 INC veh repairs & maint:pw street maint 421.83 2,114.04 158484 05/30/2013 002390 EASTERN MUNICIPAL WATER May water meter:39569 Seraphina Rd 607.23 607.23 DIST 158485 05/30/2013 012747 EMERGENCY LIGHTING REPLACEMENT BATTERIES:THEATER 19,445.84 19,445.84 EQUIPMENT 158486 05/30/2013 000165 FEDERAL EXPRESS INC Apr express mail services 158487 05/30/2013 000206 FEDEX KINKOS INC 158488 05/30/2013 014951 FIRST NIGHT INC. 145.41 145.41 Letterhead paper:central srvcs 10.80 Letterhead paper:central srvcs 10.80 Letterhead paper:central srvcs 5.40 27.00 Ann'I license fee 2012 & 2013: csd 1,100.00 1,100.00 158489 05/30/2013 009608 GOLDEN VALLEY MUSIC Classics © The Merc May '13 SOCIETY 158490 05/30/2013 000186 HANKS HARDWARE INC Hardware supplies: Var Park Sites Hardware supplies: Fire Stns/Prev Hardware supplies: PW Traffic Hardware supplies: Civic Center Hardware supplies: Var Park Sites Hardware supplies: CRC Hardware supplies: Theater HARDWARE SUPPLIES: PW STREET MAI Hardware supplies: T. Museum Hardware supplies: MPSC Hardware supplies: Aquatics Pgrm Hardware supplies: Children's Museum Hardware supplies: Old Town Hardware supplies: Code Enf Hardware supplies: B&S Dept 1,082.20 1,082.20 1,216.51 718.95 603.93 528.86 338.06 256.25 171.97 131.05 75.16 70.87 61.02 39.23 33.50 17.26 9.17 4,271.79 Page2 apChkLst Final Check List Page: 3 05/30/2013 1:53:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158491 05/30/2013 006250 HAZ MAT TRANS INC Asbestos survey:pw main st bridge 158492 05/30/2013 015918 HOLLYWOOD DANCE refund:sec dep:rm rental:TCC BOOSTER CLUB 158493 05/30/2013 004406 IGOE & COMPANY INC May flex benefit plan pmt 158494 05/30/2013 012912 INLAND VALLEY BRIDGE, UNIT refund:sec dep:rm rental:CRC #534 158495 05/30/2013 015538 JACOBS, PAUL Add'I refund:candidate statement fee 158496 05/30/2013 015673 JDS VIDEO & MEDIA VIDEO PRODUCTION/GOOD PRODUCTIONS DAY:ECON DEV 158497 05/30/2013 009923 L S AASSOCIATES INC Consulting srvcs: Roripaugh EIR 158498 05/30/2013 014817 LAPP, JEREMY SCOTT Cabaret @The Merc 5/26 158499 05/30/2013 013952 LYNES, PATRICE Add'I refund:candidate statement fee 158500 05/30/2013 015259 MERCURY DISPOSAL Battery recycling pgrm:planning dept SYSTEMS, INC. 1,950.00 1,950.00 200.00 200.00 165.00 165.00 200.00 200.00 477.97 477.97 825.00 825.00 4,020.17 4,020.17 693.00 693.00 477.97 477.97 430.16 430.16 158501 05/30/2013 001986 MUZAK LLC May dish network programing:foc 128.31 May music broadcasting:old town 55.00 183.31 158502 05/30/2013 004508 NAGGAR, MICHAEL S. Add'I refund:candidate statement fee 477.97 477.97 158503 05/30/2013 013557 NAVAL SURFACE WARFARE Rental of night vision pocketscopes 600.00 600.00 CENTER 158504 05/30/2013 015920 NAVARRO, ROBERT refund:sec dep:picnic rental:Harveston 200.00 200.00 158505 05/30/2013 003964 OFFICE DEPOT BUSINESS SVS Misc office supplies:police mall office 21.16 21.16 DIV 158506 05/30/2013 015033 PACIFIC MUNICIPAL 3/30-4/26 consult srvcs:housing element 680.00 680.00 CONSULTANTS 158507 05/30/2013 003663 PECHANGA BAND OF LUISENO 4/15-17 tribal monitoring:main st bridge 1,035.79 1,035.79 Pages apChkLst Final Check List Page: 4 05/30/2013 1:53:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158508 05/30/2013 013725 PROCRAFT INC Door security sys repair:civic center 190.00 190.00 158509 05/30/2013 014354 PROQUEST, LLC Ancestry software renewal:library 910.00 910.00 158510 05/30/2013 015921 RAMBORGER, JARRYD refund:sec dep:picnic rental:RonaldReagn 200.00 200.00 158511 05/30/2013 010777 RIVERSIDE CO EXECUTIVE FY 12/13 SCFA misc reimb expenses 394.80 394.80 OFFICE 158512 05/30/2013 001365 RIVERSIDE COUNTY OF renew permit: K. Hintergardt Park 208.00 208.00 158513 05/30/2013 001048 ROSAS CANTINA Refreshments:ee gtdy luncheon 6/6 1,510.25 1,510.25 RESTAURANT 158514 05/30/2013 009213 SHERRY BERRY MUSIC Jazz © the Merc 5/23 378.00 378.00 158515 05/30/2013 000645 SMART & FINAL INC 158516 05/30/2013 000537 SO CALIF EDISON 158517 05/30/2013 000293 STADIUM PIZZA INC 158518 05/30/2013 015561 SULLIVAN, MICHAEL J. 158519 05/30/2013 000305 TARGET BANK BUS CARD SRVCS MISC SUPPLIES:SMR CONCERTS/CULTURAL ARTS misc supplies: memorial day event 702.56 91.61 794.17 Apr -May 2-34-624-4452:32131 S Loop rd 665.05 Apr 2-28-331-4847:32805 Pauba rd LS3 95.33 Apr 2-33-357-5785:44747 Redhawk 29.54 Apr 2-30-099-3847:29721 Ryecrest 26.60 Apr 2-31-031-2590:28301 Rancho Cal 21.21 837.73 Refreshments:Rod Run' 13 132.02 132.02 Performance:Summer Concert Series 6/6 1,500.00 1,500.00 Misc supplies:aquatics pgrm 519.90 Misc supplies:crc 139.79 MISC SUPPLIES:TINY TOT PGRM 60.58 720.27 158520 05/30/2013 010493 TEMECULATOINNE CENTER Jun lease payment: pd mall office 1,458.33 1,458.33 ASSOC LP 158521 05/30/2013 011736 TEMECULA TROPHY INC Name tags/plates:Hennessy/Hawkins 60.37 60.37 158522 05/30/2013 000876 TEMECULA VALLEY BALLOON Sponsorship:balloon &wine festival 27,000.00 27,000.00 & WINE 158523 05/30/2013 008379 THEATER FOUNDATION, THE Readers Theatre in The Merc 5/22 105.00 105.00 Page4 apChkLst Final Check List Page: 5 05/30/2013 1:53:11PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158524 05/30/2013 008977 VALLEY EVENTS INC Rental equip: csd expo 5/12 3,378.00 Rental equip:special games 4/13 1,490.00 4,868.00 158525 05/30/2013 015379 VANDERHAAK, ROSIE Reimb:game wheel/displays-Library 1,154.38 1,154.38 158526 05/30/2013 004261 VERIZON Aprxxx-0074 general usage 2,952.44 May xxx-5072 general usage 1,631.59 May xxx-8165 alarm Iines:Enterprise cir 97.50 May xxx-8625 gen usage:Civic Center 97.50 4,779.03 158527 05/30/2013 004789 VERIZON May Internet svcs:Library 174.99 May Internet svcs:Tem PD DSL 49.99 224.98 158528 05/30/2013 009921 WASHINGTON, CHUCK Add'I refund:candidate statement fee 477.97 477.97 158529 05/30/2013 015550 WILSON, WALTER Add'I refund:candidate statement fee 477.97 477.97 999432 05/28/2013 015909 SIGMON, LAWRENCE refund:Security Deposit/Harveston 200.00 200.00 999433 05/28/2013 015910 MENDOZA, HERMINIA refund:Santa Rosa excursion/4100.201 20.00 20.00 999434 05/28/2013 015911 WHITMORE, SONIA refund:Cooking Class/1013.201 30.00 30.00 999435 05/28/2013 015225 WEIGHT, LOUISE refund:Santa Rosa excursion/4100.201 20.00 20.00 999436 05/28/2013 015912 BRYANT, AMBER refund:Ceramics/9600.202 331.00 331.00 999437 05/28/2013 010827 KHOSHATEFEH, PARISA refund:Spanish 1/9600.211 311.00 311.00 999438 05/28/2013 015913 MARQUEZ, MONICA refund:Health Care Provider CPR 25.00 25.00 Grand total for UNION BANK OF CALIFORNIA: 898,439.35 Pages apChkLst Final Check List Page: 6 05/30/2013 1:53:11PM CITY OF TEMECULA 72 checks in this report. Grand Total All Checks. 898,439.35 Pages apChkLst Final Check List Page: 1 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 2183 06/06/2013 010349 CALIF DEPT OF CHILD SUPPORT 2184 06/06/2013 000389 NATIONWIDE RETIREMENT SOLUTION 2185 06/06/2013 000642 TEMECULA CITY FLEXIBLE 2186 06/06/2013 000246 PERS (EMPLOYEES' RETIREMENT) 2187 06/06/2013 001065 NATIONWIDE RETIREMENT SOLUTION 2188 06/06/2013 000283 INSTATAX (IRS) 2189 06/06/2013 000444 INSTATAX (EDD) 2190 06/06/2013 000194 IC MA RETIREMENT -PLAN 303355 2191 06/06/2013 000245 PERS-HEALTH INSUR PREMIUM Description Amount Paid Check Total Support Payment 1,704.33 1,704.33 OBRA- Project Retirement Payment 3,364.62 3,364.62 Child Care Reimbursement Payment 5,400.89 5,400.89 Employees Pers Retirement Billing Adj -29.93 PERS ER Paid Member Contr Payment 141,750.54 141,720.61 Nationwide Retirement Payment 14,590.72 14,590.72 Federal Income Taxes Payment 78,541.71 78,541.71 State Disability Ins Payment 22,275.72 22,275.72 ICMA Retirement Trust 457 Payment 5,699.75 5,699.75 PERS Health Admin Cost Payment 90,420.56 Blue Shield Access+: Payment -6,946.60 Blue Shield Access+: Payment -194.84 Blue Shield Access+: Payment -2,830.50 158530 05/30/2013 015922 ABBY REINKE PTA "Odessey of the Mind" Sponsorship 5,000.00 158532 06/06/2013 003552 A F LAC AFLAC Cancer Payment 2,132.26 158533 06/06/2013 011322 AIR CLEANING SYSTEMS INC PLYMOVENT MAINTENANCE: STA 73 & 1,367.50 84 158534 06/06/2013 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT:THEATER 80,448.62 5,000.00 2,132.26 1,367.50 170.00 170.00 158535 06/06/2013 006915 ALLIES PARTY EQUIPMENT EVENT SET UP ITEMS:WESTERN 1,166.01 DAYS 2013 RENTALS:FATHER DAUGHTER SPEC EV 95.97 158536 06/06/2013 012943 ALPHA MECHANICAL SERVICE REPLACE CIRCUIT BOARD: HARV 160.00 INC COMM RM 158537 06/06/2013 004422 AMERICAN BATTERY EMERG LIGHTING CORPORATION BATTERY:CHILDREN'S MUSEUM 1,261.98 160.00 234.03 234.03 Pagel apChkLst Final Check List Page: 2 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158538 06/06/2013 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 254.28 (AFN) DUI & drug screenings: Police 862.68 JUNE STAND BY FEE:POLICE 1,248.00 2,364.96 158539 06/06/2013 000747 AMERICAN PLANNING APA mbrshp dues:Watson, Luke 548.00 548.00 ASSOCIATION 158540 06/06/2013 013950 AQUA CHILL OF SAN DIEGO drinking water systems: senior center 33.48 MAINT SVCS:DRINKING WATER SYS:CIV 176.04 209.52 158541 06/06/2013 004623 AQUA SOURCE INC POOL TEST REAGENTS:AQUATICS 248.02 248.02 PGRM 158542 06/06/2013 015469 ATLAS COPCO USA misc parts & supplies:pw asphalt rollers 80.51 80.51 HOLDINGS, INC. 158543 06/06/2013 004561 AUDIO EVOLUTION 1ST INSTALLMENT:AUTO AUDIO 46,065.00 INSTALL:PW00- 2nd installment:auto audio 52,961.69 99,026.69 158544 06/06/2013 013482 BAS SECURITY May security srvcs: Harveston Lake 1,564.00 1,564.00 158545 06/06/2013 015932 BETTY, MANRIQUE refund:sec dep:rm rental:Harveston 200.00 200.00 158546 06/06/2013 014284 BLAKELY'S TRUCK SERVICE VEHICLE REPAIRS: PW STREET MAINT 242.92 242.92 DIV 158547 06/06/2013 008605 BONTERRA CONSULTING 3/9-4/19 NOISE STUDY: NFCU 1,202.50 3/9-4/19 CONSULTSVCS:RRSP DESILTIN 3,519.38 4,721.88 158548 06/06/2013 000128 BROWN & BROWN INSURANCE WORKER'S COMP FINAL AUDIT 10,591.00 10,591.00 02/12-02/13 158549 06/06/2013 003138 CAL MAT ASPHALT PURCH:CITYWIDE STREET 2,747.74 REPAIRS ASPHALT PURCH:CITYWIDE STREET RE 543.86 ASPHALT PURCH:CITYWIDE STREET RE 395.08 3,686.68 158550 06/06/2013 010939 CALIF DEPT OF INDUSTRIAL 157047 ELEVATOR INSP: PARKING 225.00 225.00 GARAGE 158551 06/06/2013 001267 CALIF DEPT OF MOTOR veh regis:'04 victor trlr:fire stn 84 10.00 10.00 VEHICLES 158552 06/06/2013 007146 CALIFORNIA SENSOR CORP IRRIGATION SYS UPGRADE: TEM 4,030.22 PKWY MEDIAN IRRIGATION SYS UPGRADE: VAIL RANCI 18,666.49 22,696.71 158553 06/06/2013 006114 CASEY, MARGIE reimb:training room supplies 205.90 reimb:misc supplies:team pace 96.23 302.13 Page2 apChkLst Final Check List Page: 3 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158554 06/06/2013 014726 CHAPTER 13 STANDING SUPPORT PMT TRUSTEE 158555 06/06/2013 004405 COMMUNITY HEALTH Community Health Charities Payment CHARITIES 158556 06/06/2013 013379 COUSSOU, CELINE 158557 06/06/2013 010650 CRAFTSMEN PLUMBING & HVAC INC 158558 06/06/2013 013621 CRAMER, AMY L. 158559 06/06/2013 015933 CROSSROADS CHURCH 158560 06/06/2013 014364 CUNNINGHAM, GRISELDA CLEMENTINA 158561 06/06/2013 015935 DANIEL, CUNNINGHAM 158562 06/06/2013 007479 DOMINGUEZ, LUCY 158563 06/06/2013 012217 DUDEK 158564 06/06/2013 004799 E C S IMAGING INC 158565 06/06/2013 004068 ECALDRE MANALILI-DE VILLA, AILEEN 158566 06/06/2013 011202 EMH SPORTS USA, INC TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 182.77 182.77 44.00 44.00 231.00 147.00 144.90 96.60 619.50 sound system repairs: crc amphitheater 1,052.22 1,052.22 TCSD Instructor Eamings 2,575.00 2,575.00 refund:sec dep:rm rental:MPSC 200.00 refund:sec dep:harveston picnic 200.00 400.00 TCSD Instructor Eamings refund:sec dep:park rental:PBSP refund:sec dep:rm rental:CRC APR ENVIRO CNSLT:PED/BICYCLE BRIDGE credit biilling adj:pending maint Laserfiche annual software renewal 388.50 388.50 1,000.00 1,000.00 100.00 100.00 553.25 553.25 -2,750.00 8,350.00 5,600.00 TCSD Instructor Eamings 210.00 TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings 210.00 224.00 42.00 308.00 210.00 308.00 294.00 196.00 154.00 518.00 798.00 574.00 2,156.00 1,890.00 Pages apChkLst Final Check List Page: 4 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158567 06/06/2013 015934 EMILY, KNIGHT refund:sec dep:rm rental:Harveston 158568 06/06/2013 001056 EXCEL LANDSCAPE 158569 06/06/2013 012170 E -Z UP DIRECT.COM, LLC 158570 06/06/2013 000165 FEDERAL EXPRESS INC 158571 06/06/2013 002982 FRANCHISE TAX BOARD 158572 06/06/2013 010326 G E MOBILE WATER, INC 158573 06/06/2013 003946 GT ENTERTAINMENT 158574 06/06/2013 013552 GANDS PRODUCTIONS LLC 200.00 200.00 IRRIGATION SYS REPAIR: TEM PKWY 275.00 MEDIAN Idscp improvements: town square 704.00 IRRIGATION REPAIR SRVCS: VARIOUS F 295.66 irrigation repair srvcs: various parks 271.46 IRRIGATION REPAIR SVCS: VARIOUS SL 114.15 IRRIGATION REPAIR & MAINT SVCS: VAI 435.63 INSTALL TEMPORARY FENCING FOR SE 391.00 IRRIGATION REPAIR & MAINT SVCS: VAI 267.00 IRRIG REPAIR SVCS:WOODCREST 0001 300.15 credit billing adj:pd portion ck#155234 -584.00 IRRIG REPAIR SVCS:SADDLEWOOD SLC 152.70 IRRIG REPAIR SVCS: TEMEKU HILLS SL( 408.51 IRRIG REPAIR & MAINT SVCS: VAR PARI 129.24 IRRIG REPAIR & MAINT SVCS: VAR PARI 347.85 IRRIG REPAIR SVCS: WINCHESTER CRE 201.99 IRRIG REPAIR SVCS: HAVESTON SLOPE 84.42 IRRIGATION REPAIR & MAINT SVCS: VAI 215.78 IRRIGATION REPAIR & MAINT SVCS: VAI 283.97 IRRIGATION REPAIR & MAINT SVCS: VAI 392.87 IRRIGATION REPAIR SVCS:VAIL RANCH 221.72 IRRIGATION REPAIR & MAINT SVCS: VAI 199.47 5,108.57 10x20 canopy:volunteer & spec events 1,069.20 1,069.20 Apr -May Express mail services 503.06 Mar -Apr Express mail services SUPPORT PMT washer supplies: Sta 73 washer supplies: Sta 73 washer supplies: Sta 73 DJ & SOUNDS SVCS:CSD SPECIAL EVENTS Settlement:Country...Merc 6/1 158575 06/06/2013 013076 GAUDET, YVONNE M. TCSD instructor earnings 490.47 135.00 993.53 135.00 59.00 165.24 25.92 250.16 550.00 550.00 855.00 855.00 693.00 693.00 Page4 apChkLst Final Check List Page: 5 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158576 06/06/2013 000177 GLENN IES OFFICE PRODUCTS MISC OFC SUPPLIES:PW MAINT DIV 433.94 INC FOC MISC OFFICE SUPPLIES:FINANCE 369.68 MISC OFFICE SUPPLIES: TCC 378.09 MISC OFFICE SUPPLIES: VARIOUS FIRE 540.27 MISC OFFICE SUPPLIES: VARIOUS FIRE 1,230.03 MISC OFFICE SUPPLIES: PLANNING 183.61 MISC OFFICE SUPPLIES:B&S DEPT 258.78 misc office supplies:records 60.28 MISC OFFICE SUPPLIES:INFO TECH 334.50 3,789.18 158577 06/06/2013 009608 GOLDEN VALLEY MUSIC CONDUCTOR SVCS:THEATER PERF 200.00 200.00 SOCIETY 6/8 158578 06/06/2013 014173 GOLDSTAR ASPHALT asphalt products:hintergardt parking lot 540.54 540.54 PRODUCTS 158579 06/06/2013 003792 GRAINGER Fire/medical equipment: Medics 612.36 Fire/medical equipment: Medics 154.93 767.29 158580 06/06/2013 015451 GREATAMERICA FINANCIAL JUNE COPIER LEASES:CIVIC 1,341.70 SVCS CENTER/TVE2 JUNE COPIER LEASES:CIVIC CENTER 289.44 1,631.14 158581 06/06/2013 008081 HALL & FOREMAN INC 3/30-4/26 CONSULT SVC:CITYWIDE 45,928.69 45,928.69 PAVE REHA 158582 06/06/2013 015080 HANCOCK, LORENA TCSD instructor earnings 154.00 TCSD instructor earnings 210.00 364.00 158583 06/06/2013 000186 HANKS HARDWARE INC MISC REPAIR & MAINT 120.03 120.03 SUPPLIES:HARVESTON C 158584 06/06/2013 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 364.00 TCSD Instructor Eamings 728.00 TCSD Instructor Eamings 546.00 1,638.00 158585 06/06/2013 001186 IRWIN, JOHN TCSD instructor earnings 259.70 259.70 158586 06/06/2013 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 80.00 80.00 158587 06/06/2013 015942 JANG, IKJOON refund:Basics of digital photography 224.00 224.00 158588 06/06/2013 013200 JAROTH INC May pay phones:duck pond,Library,CRC 212.64 212.64 158589 06/06/2013 004412 LEANDER, KERRY D. TCSD instructor earnings 378.00 TCSD instructor earnings 42.00 TCSD instructor earnings 346.50 766.50 Pages apChkLst Final Check List Page: 6 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158590 06/06/2013 002634 LITELINES INC 158591 06/06/2013 014796 LOWREY, BETSY 158592 06/06/2013 011351 LUCITY, INC 158593 06/06/2013 013982 MCI COMM SERVICE Description Amount Paid Check Total REPLACEMENT LIGHT POLES: OLD TOWN reimb:frame for posters/easels:c. 8/1-7/31/14 software renewal: IT 7,378.80 7,378.80 349.62 349.62 14,160.00 14,160.00 May xxx-0714 gen usage:PD mall alarm 31.07 May xxx-0346 general usage 158594 06/06/2013 000217 MARGARITA OFFICIALS ASSN MAY OFFICIATING SRVCS:SPORTS PGRM 158595 06/06/2013 004307 MARINE BIOCHEMISTS 158596 06/06/2013 014431 MARTLAND, BETTE B 158597 06/06/2013 011179 MC MILLIN REDHAWK LLC MAY WATER MAINT SRVCS:HARV/DUCK POND TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 158598 06/06/2013 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment COMPANY 158599 06/06/2013 007669 MILES, KATRINA TCSD Instructor Eamings 158600 06/06/2013 012962 MILLER, MISTY TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 3046 61.53 4,033.00 4,033.00 3,900.00 3,900.00 157.50 157.50 357.00 372.40 168.00 239.40 1,136.80 7,724.04 7,724.04 367.50 367.50 154.00 710.50 416.50 158601 06/06/2013 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Eamings 352.80 ANN 1,281.00 TCSD Instructor Eamings 196.00 TCSD Instructor Eamings 210.00 TCSD Instructor Eamings 352.80 1,111.60 158602 06/06/2013 005887 MOFFATT &NICHOL 3/31-4/27 ENG/CONST SVCS:FRENCH 7,867.72 7,867.72 ENGINEERS VLY 158603 06/06/2013 015925 MT ZION HOUSE OF PRAYER refund:rm rental:TCC 90.00 90.00 158604 06/06/2013 015122 NI GOVERNMENT SERVICES, APR SATELLITE PHONE SERVICE: INC. FIRE/EOC 151.75 151.75 Pages apChkLst Final Check List Page: 7 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158605 06/06/2013 002292 OASIS VENDING misc kitchen supplies: foc MISC KITCHEN SUPPLIES:CIVIC CENTEF 158606 06/06/2013 003964 OFFICE DEPOT BUSINESS SVS MISC OFFICE SUPPLIES:PW DIV 158607 06/06/2013 002105 OLD TOWN TIRE &SERVICE 107.90 302.04 25.91 MISC OFFICE SUPPLIES:PW 148.75 Printing supplies: Code Enf 49.49 MISC OFFICE SUPPLIES:TCSD ADMIN 22.08 Misc office supplies:police mall office 14.52 Misc office supplies:police mall office 169.92 Misc office supplies:police mall office 53.40 MISC OFFICE SUPPLIES:TCSD ADMIN 33.26 Business cards: S. Couts 49.49 Printing supplies: Code Enf 92.56 Office supplies:TCSD Human Services 152.26 Office supplies:TCSD Human Services 198.71 Office supplies:TCSD Human Services 21.58 Office supplies:TCSD Human Services 43.16 Office supplies:TCSD Human Services 6.18 Office supplies:TCSD Human Services 32.73 City Vehicle Maint Svcs:PW Parks Maint 354.16 City Vehicle Maint Svcs:PW Parks Maint 588.75 City Vehicle Maint Svcs:Wndstar 52.49 City Vehicle Maint Svcs:PW Parks Maint 649.02 409.94 1,114.00 1,644.42 158608 06/06/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:PW Maint 240.00 City Vehicle Maint Svcs:PW Traffic 79.55 319.55 158609 06/06/2013 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Code Enf 36.35 36.35 158610 06/06/2013 015033 PACIFIC MUNICIPAL 3/30-4/26 admin srvcs:CDBG pgrm 1,840.00 1,840.00 CONSULTANTS 158611 06/06/2013 000249 PETTY CASH petty cash reimbursement 675.65 675.65 158612 06/06/2013 010338 POOL & ELECTRICAL misc supplies & chemicals: var pools 273.07 PRODUCTS INC misc supplies & chemicals: var pools misc supplies & chemicals: var pools misc supplies & chemicals: var pools 158613 06/06/2013 002354 POSITIVE PROMOTIONS INC Promo items: Medics 158614 06/06/2013 005820 PRE -PAID LEGAL SERVICES PrePaid Legal Services Payment INC 94.50 283.50 50.55 281.95 701.62 281.95 179.40 179.40 Page:7 apChkLst Final Check List Page: 8 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158615 06/06/2013 002654 RANCHO FORD LINCOLN MERCURY 158616 06/06/2013 000947 RANCHO REPROGRAPHICS 158617 06/06/2013 004584 REGENCY LIGHTING 158618 06/06/2013 003591 RENES COMMERCIAL MANAGEMENT 158619 06/06/2013 014027 RIVERSIDE CO ECO DEV AGENCY 158620 06/06/2013 000267 RIVERSIDE CO FIRE DEPARTMENT 158621 06/06/2013 001592 RIVERSIDE CO INFO TECHNOLOGY Description Amount Paid Check Total Veh repair & maint:Prevention 326.42 326.42 Reproduction srvcs:butterfield rd ext 13.18 13.18 misc electrical supplies: var park sites 533.50 533.50 weed abatement: city maintained lots 8,750.00 8,750.00 JAN -JUN STAFFING:LIBRARY 83,720.00 83,720.00 Jan -Mar '13 fire services 1,201,815.43 1,201,81543 Apr radio rental:police/park rangers 861.86 861.86 158622 06/06/2013 000406 RIVERSIDE CO SHERIFFS April booking fees: Police 25,610.72 DEPT Taste of Temecula patrol srvcs 4/27 1,279.98 26,890.70 158623 06/06/2013 013250 RIVERSIDE COUNTY OF, 4/11-5/9 guard & bailiffsrvcs:youth 373.69 373.69 SHERIFF 158624 06/06/2013 012251 ROTH, DONALD J. 158625 06/06/2013 002226 RUSSO, MARY ANNE TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 756.00 157.50 913.50 315.00 535.50 850.50 158626 06/06/2013 000277 S & S ARTS & CRAFTS INC Misc supplies:human services pgrm 246.31 Misc supplies:crc 322.87 Misc. supplies:tiny tots program 263.24 832.42 158627 06/06/2013 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 883.61 883.61 158628 06/06/2013 013376 SECURITY SIGNAL DEVICES INC 158629 06/06/2013 008529 SHERIFFS CIVIL DIV - CENTRAL 158630 06/06/2013 009213 SHERRY BERRY MUSIC proximity reader repair: foc 278.00 SMOKE DETECTOR REPAIR: PARKING C 625.50 903.50 SUPPORT PMT 300.00 300.00 Settlement:Jazz at the Merc 5/30 601.00 601.00 158631 06/06/2013 009746 SIGNS BYTOMORROW SIGN FOR CHILDREN'S MUSEUM 31.05 31.05 Pages apChkLst Final Check List Page: 9 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158632 06/06/2013 000645 SMART& FINAL INC MISC SUPPLIES:MPSC 158634 06/06/2013 000537 SO CALIF EDISON May 2-27-371-8494:42189 Winchester May 2-35-074-2847:27495 Enterprise cir w May 2-21-981-4720:30153 Tem pkwy tpp May 2-28-904-7706:32329 Ovedand LS3 May 2-30-520-4414:32781 Tem pkwy LS3 May 2-31-282-0665:27407 Diaz rd PED May 2-31-536-3655:41904 Main St Apr 2-29-807-1226:28077 Diaz rd PED May 2-31-419-2873:43000 Hwy -395 May 2-35-164-3770:43487 Butterfield stg May 2-29-953-8082:31523 Wolf vly rd May 2-29-953-8249:46497 Wolf crk dr May 2-29-657-2787:41638 Winchester May 2-35-164-3242:44270 Meadows pkwy May 2-35-164-3663:42335 Meadows pkwy May 2-35-164-3515:32932 Leena way May 2-14-204-1615:30027 Front st rdio May 2-18-937-3152:28314 Mercedes May 2-19-171-8568:28300 Mercedes St May 2-29-933-3831:43230 Bus pk dr May 2-29-223-8607:42035 2nd St PED May 2-31-536-3481:41902 Main St May 2-34-333-3589:41702 Main St May 2-31-031-2616:27991 Diaz rd PED May 2-35-421-1260:41955 4th St LS3 May 2-29-807-1093:28079 Diaz rd PED May 2-32-903-8293:41000 Main St May 2-31-912-7494:28690 Mercedes St May 2-02-351-4946:41845 6th St May 2-00-397-5067:TCSD svc lev C May 2-31-536-3226:28690 Mercedes May 2-35-403-6337:41375 McCabe Ct May 2-29-224-0173:various Fire Stns May 2-29-295-3510:32211 Wolf vly rd 177.95 177.95 29.86 33.82 21.40 121.45 972.53 25.73 982.31 25.33 24.65 32.04 27.10 26.83 24.79 27.83 26.86 26.86 37.58 521.79 62.04 1,446.33 471.23 200.50 25.92 25.60 19.89 24.92 12,975.30 647.35 1,312.78 2,042.41 1,247.97 658.80 1,774.10 1,012.36 26,936.26 Page9 apChkLst Final Check List Page: 10 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158635 06/06/2013 001212 SO CALIF GAS COMPANY Description Amount Paid Check Total May 028-025-1468-3:41375 McCabe Ct 19.09 May 055-461-2483-4:40135 Village rd 27.76 May 101-525-0950-0:28816 Pujol St 24.87 May 125-244-2108-3: Library 30.64 May 026-671-2909-8:Comm Theater 49.85 May 129-535-4236-7:Civic Center 708.57 May 133-040-7373-0:Maint Fac 21.99 May 091-024-9300-5:30875 Rancho 1,560.08 May 181-383-8881-6:Museum 30.64 May 021-725-0775-4:Senior Center 92.14 May 129-582-9784-3:43230 Bus pk dr 60.42 May 101-525-1560-6:27415 Enterprise cir 79.69 May 095-167-7907-2:30650 Pau ba Rd 162.05 158636 06/06/2013 014783 SOFTRESOURCES, LLC May consultant srvcs:new permit sys 158637 06/06/2013 002503 SOUTH COAST AIR QUALITY 158638 06/06/2013 000519 SOUTH COUNTY PEST CONTROL INC 158639 06/06/2013 000293 STADIUM PIZZA INC 158643 06/06/2013 007762 STANDARD INSURANCE COMPANY 158644 06/06/2013 012723 STANDARD INSURANCE COMPANY 158645 06/06/2013 003840 STRONGS PAINTING 158646 06/06/2013 009061 STURDIVANT, ANGELA P. 158647 06/06/2013 000305 TARGET BANK BUS CARD SRVCS JUL '12 -JUN '13 AIR QUALITY SERVICES JUL '12 -JUN '13 AIR QUALITY SERVICES JUL '12 -JUN '13 AIR QUALITY SERVICES PEST CONTROL SRVCS: VARIOUS PARKS pest control srvcs: civic center Refreshments:skate park event 5/25 Mandatory Life Insurance Payment Voluntary Supp Life Insurance Payment painting improvements: old town TCSD Instructor Eamings Misc supplies:every 15 min pgrm Misc supplies:every 15 min pgrm AWARDS:SCIENCE & TECH FAIR EVENT MISC SUPPLIES:CHILDRENS MUSEUM Misc supplies:aquatics pgrm Misc supplies:sports pgrm 158648 06/06/2013 001547 TEAMSTERS LOCAL 911 Union Dues Payment 2,867.79 1,400.00 1,400.00 116.61 116.61 116.61 349.83 49.00 94.00 143.00 126.31 126.31 9,063.44 735.60 7,500.00 9,063.44 735.60 7,500.00 548.80 548.80 80.06 251.12 931.09 72.25 50.08 95.13 1,479.73 4,512.00 4,512.00 Page:10 apChkLst Final Check List Page: 11 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 158649 06/06/2013 012265 TEMECULA ACE HARDWARE misc maint supplies: var park sites 4243 C/O Misc hardware supplies: Sta 92 51.01 Misc hardware supplies: Sta 92 30.05 158650 06/06/2013 010679 TEMECULA AUTO A15 vehicle repair: Medics 2,479.41 REPAIR/RADIATOR 123.49 2,479.41 158651 06/06/2013 003677 TEMECULA MOTORSPORTS MOTORCYCLE 303.38 LLC REPAIR/MAINT:TEM.P.D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. 6,127.35 6,430.73 158652 06/06/2013 011736 TEMECULA TROPHY INC Trophies:chili cookoff event 104.49 AWARDS & RECOGNITION:CSD PGRMS 81.00 185.49 158653 06/06/2013 000306 TEMECULA VALLEY PIPE & drinking fountains: rrsp 3,602.88 SUPPLY irrigation/plumbing supplies:var parks 43.64 3,646.52 158654 06/06/2013 003941 TEMECULA WINNELSON misc plumbing supplies: library 282.96 COMPANY misc plumbing supplies: library 72.77 355.73 158655 06/06/2013 015936 TERRIQUEZ, SHANNON refund:sec dep:rm rental:Harveston 150.00 150.00 158656 06/06/2013 008379 THEATER FOUNDATION, THE Settlement:Theater fidtn fundraising 1,670.65 1,670.65 158657 06/06/2013 010276 TIME WARNER CABLE Jun high speed intemet:Civic Center 4,192.84 4,192.84 158658 06/06/2013 015937 TODD ELEMENTARY refund:overpayment:Pennypickles Wkshp 4.00 4.00 158659 06/06/2013 000319 TOMARK SPORTS INC TOP FENCE GUARD: VAR CITY PARKS 922.50 Misc supplies:pbsp 2,126.48 3,048.98 158660 06/06/2013 013474 TOWN & COUNTRYTOWING 158661 06/06/2013 006192 TRISTAFF GROUP Towing srvcs xx8374:police 250.00 Towing srvcs xx0039:police 75.00 Towing srvcs xx3003:police 75.00 Towing srvcs xx0642:police 75.00 Towing srvcs xx4258:police 250.00 Towing srvcs xx3038:police 250.00 Towing srvcs xx0101:police 250.00 TOWING SRVCS: POLICE 660.00 1,885.00 TEMP HELP W/E 05/19 LAULU, 220.80 220.80 POTOFOU 158662 06/06/2013 004124 TRUELINE resurface basketball ct: pala park 8,800.00 8,800.00 Pagel 1 apChkLst Final Check List Page: 12 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 158663 06/06/2013 014413 U.S. DEPARTMENT OF EDUCATION 158664 06/06/2013 007766 UNDERGROUND SERVICE ALERT 158665 06/06/2013 002110 UNITED RENTALS NORTH AMERICA Description Amount Paid Check Total SUPPORT PMT 251.10 251.10 cable/utility locators:pw traffic div 226.50 226.50 MISC SUPPLIES:PW STREET MAINT 29.49 misc supplies:pw street maint 36.63 66.12 158666 06/06/2013 000325 UNITED WAY United Way Charities Payment 25.00 25.00 158667 06/06/2013 012549 UPODIUM Vehicle maintenance: Sta 12 156.40 Apparatus maintenance: Sta 12 479.29 635.69 158668 06/06/2013 004261 VERIZON May xxx-2886 gen usage:Harveston 89.19 89.19 158669 06/06/2013 014486 VERIZON WIRELESS 4/16-5/15 BROADBAND USAGE:CITY 471.83 471.83 158670 06/06/2013 013647 VICAR OPERATING, INC. Veterinery srvcs: Police K-9 245.78 245.78 158671 06/06/2013 006248 WALKER, JESSICA TCSD Instructor Eamings 196.88 196.88 158672 06/06/2013 001342 WAXIE SANITARY SUPPLY INC misc custodial supplies: civic center 11.88 11.88 158673 06/06/2013 003730 WEST COAST ARBORISTS INC tree trim & removals: various parks 1,725.00 tree trim & removals: various parks 70.00 tree maint srvcs: woodcrst country slope 699.00 tree maint srvcs: tradewinds slope 2,835.00 emerg tree maint srvcs: var slope sites 3,495.00 tree maint srvcs: harveston slopes 9,976.00 TREE TRIM & MAINT SRVCS: PW STREE 1,064.00 19,864.00 158674 06/06/2013 000621 WESTERN RIVERSIDE WRCOG PMT:CALTRANS PLANNING COUNCIL OF GRANT 158675 06/06/2013 015163 WESTERN SCIENCE CENTER 158676 06/06/2013 000341 WILLDAN ASSOCIATES INC 158677 06/06/2013 004567 WITCHER ELECTRIC Excursion:summer explorers ENGINEERING SRVCS:PW TRAFFIC DIV ELECTRICAL SRVCS: CIVIC CENTER 6,969.08 6,969.08 84.00 84.00 600.00 600.00 500.00 500.00 158678 06/06/2013 000348 ZIGLER, GAIL Reimb:safety vests for spec events 258.73 258.73 Page:12 apChkLst Final Check List Page: 13 06/06/2013 3:46:59PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 999439 05/31/2013 015924 FABIAN, ARTICE refund:sec dep:rm rental:Harveston 150.00 150.00 999440 05/31/2013 015925 MT ZION HOUSE OF PRAYER refund:sec dep:rm rental:TCC 200.00 200.00 999441 05/31/2013 015929 PICKFORD, GINA refund:Spanish Class:9600.211 622.00 622.00 999442 05/31/2013 015926 MORALES, MARIA refund:Geometry Class:9600.205 311.00 311.00 999443 05/31/2013 015795 NASH, BRIAN refund:sec dep:rm rental:Library 140.00 140.00 999444 05/31/2013 015927 LARY, JACKIE refund:Bright Scholars:6015.201 332.80 332.80 999445 05/31/2013 015930 PARKER, CHERL refund:You Can Draw:1035.203 88.00 88.00 999446 05/31/2013 015928 ALMAZAN, LETICIA refund:sec dep:picnic rental:Margarita 60.00 60.00 Grand total for UNION BANK OF CALIFORNIA: 2,100,736.20 Page:13 apChkLst Final Check List Page: 14 06/06/2013 3:46:59PM CITY OF TEMECULA 161 checks in this report. Grand Total All Checks. 2,100,736.20 Page:14 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: June 25, 2013 SUBJECT: Trustee/Fiscal Agent Services for Fiscal Year 2013-14 PREPARED BY: David Bilby, Senior Debt Analyst RECOMMENDATION: Approve the expenditure of $33,780 for Fiscal Year 2013-14 trustee/fiscal agent services, provided by U.S. Bank, for the City's Community Facilities Districts (CFD), Assessment District (AD), and Tax Allocation Bonds (TABs). BACKGROUND: The City of Temecula has five existing Community Facilities Districts and one Assessment District: • CFD 01-2 (Harveston) • CFD 03-1 (Crowne Hill) • CFD 03-2 (Roripaugh Ranch) • CFD 03-3 (Wolf Creek) • CFD 03-6 (Harveston 11) • AD 03-4 (John Warner Road) Additionally, the former Redevelopment Agency issued TABs in 2002, 2006, 2007, 2010, and 2011. Arbitrage calculations will be performed on John Warner Assessment District 03-4 and the 2007 TABS in the coming year. During formation of each of these bond issues, a Fiscal Agent Agreement, Trust Agreement or Indenture of Trust was executed with U.S. Bank to remain in effect for the duration of the financing. Services provided by the trustee/fiscal agent include establishing and holding accounts (such as the special tax fund, improvement fund, reserve fund, and administrative fund), transferring funds between accounts to pay debt service, disbursing funds to the City upon receipt of draw requests, dissemination of annual disclosure information for both the developer and City as bond issuer, and arbitrage monitoring and reporting. FISCAL IMPACT: Funds to pay the CFD/AD portion of the trustee/fiscal agent services are included in the annual special tax levies and budgets for each of the Districts to finance their respective share of the services. The trustee/fiscal agent service for the former Redevelopment Agency (RDA) TABs has been budgeted to be paid from the Successor Agency to the Temecula Redevelopment Agency (SARDA) Debt Service Fund. ATTACHMENTS: U.S. Bank Schedule of Fees for Fiscal Year 2013-14 CITY OF TEMECULA U.S. BANK SCHEDULE OF FEES FOR FY 2013-14 BOND ISSUE CFD No. 03-03 (Wolf Creek) CFD No. 03-06 (Harveston II) CFD No. 03-02 (Roripaugh) CFD No. 01-2 (Harveston I) CFD No. 03-1 03 A (Crowne Hill) CFD No. 03-1 05 B (Crowne Hill) AD No. 03-04 (John Warner) 2002 RDA 2006 Series A RDA 2006 Series B RDA 2007 RDA 2010 RDA Series A & B 2011 RDA SeriesA&B FY 2013-14 ESTIMATED FEES $2,325.00 $2,125.00 $1,850.00 $2,750.00 $2,325.00 $1,800.00 $3,545.00 $16,720.00 $3,850.00 $1,925.00 $2,200.00 $4,400.00 $2, 850.00 $1,835.00 $17,060 00 TOTAL $33,780.00 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: June 25, 2013 SUBJECT: Agreement for Phlebotomy Services PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: Approve a four-year Agreement for Consultant Services with American Forensic Nurses DBA: AFN for Phlebotomy Services in the amount of $50,000 for Fiscal Year 2013-14 and a total contract amount of $200,000. BACKGROUND: The City of Temecula Police Department utilizes American Forensic Nurses for phlebotomy services to draw blood for DUI analysis and for collection of evidence in sexual assault cases. They work with most local law enforcement agencies, including the Riverside County Sheriff Department, and come to the police station, the Southwest Detention Center, and stand by at DUI checkpoints. In the past year, the Police Department has performed a number of DUI enforcement activities as the result of an Office of Traffic Safety (OTS) DUI mini grant. This has resulted in several arrests, as well as a deterrent to drivers not to drink and drive on City streets. It has also increased the number of blood draws performed for the City of Temecula. The City of Temecula is also billed by American Forensic Nurses for any blood draw that is the result of a Temecula case. This includes blood draws requested by CHP Officers working within the City. The contract amount is not to exceed $50,000 for Fiscal Year 2013-14 and $50,000 each additional year thereafter for a total contract amount of $200,000. FISCAL IMPACT: Adequate funds exist in the Fiscal Year 2013-14 Police Department budget to meet the estimated payment rates. ATTACHMENTS: Agreement for Consultant Services with American Forensic Nurses DBA: AFN for Phlebotomy Services PD14-06 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND AMERICAN FORENSIC NURSES DBA: AFN FOR PHLEBOTOMY SERVICES THIS AGREEMENT is made and effective as of June 25, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and American Forensic Nurses DBA: AFN, 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, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2017, 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 times 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 No Cents ($50,000.00) annually for a total contract amount of Two Hundred Thousand Dollars and No Cents ($200,000.00) 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 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 1 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Ph IebotomyServices.Police. PD14-06.05.29.13 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 2 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Ph IebotomyServices.Police. PD14-06.05.29.13 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 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 Scorte 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: 3 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Ph IebotomyServices.Police. PD14-06.05.29.13 1) General Liability: One Million Dollars ($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 Dollars ($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 Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall riot 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall riot 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 of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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 4 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Ph IebotomyServices.Police. PD14-06.05.29.13 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 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. 5 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Ph IebotomyServices.Police. PD14-06.05.29.13 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 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT American Forensic Nurses, DBA: AFN Attn: Faye Battiste-Otto 255 North El Cielo Road #140-195 Palm Springs, CA 92262 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. 6 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Ph IebotomyServices.Police. PD14-06.05.29.13 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Ph IebotomyServices.Police. PD14-06.05.29.13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA AMERICAN FORENSIC NURSES, DBA: AFN (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Faye Batistte-Otto, President & CEO ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT American Forensic Nurses, DBA: AFN Attn: Faye Batistte-Otto 255 North El Cielo Road #140-195 Palm Springs, CA 92262 Phone: 760-323-6990 Fax: 760-323-7555 infoamrn.com sherry(d amrn.com PM Initials: I'i g Date: �/ 8 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/PhlebotomyServices.Police.PD 14-06.05.29.13 EXHIBIT A Tasks to be Performed American Forensic Nurses, DBA: AFN agrees to provide and the City of Temecula agrees to pay for the services outlined in the proposal/fee schedule provided by the Consultant attached hereto and incorporated herein as though set forth in full. American Forensic Nurses will furnish on-call services to the following locations: Temecula Police Department — 308755-A Auld Road, Murrieta, CA Southwest Detention Center — 30755-B Auld Road, Murrieta, CA Field Response within the City limits of Temecula Acceptable response time from the notification that a blood draw is needed is thirty (30) minutes. 9 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Ph IebotomyServices.Police. PD14-06.05.29.13 EXHIBIT B Payment Rates and Schedule Pricing for FY 2013-2014 services are as outlined in the Proposal/Fee Schedule provided by the Consultant attached hereto and incorporated herein as though set forth in full. Any change in pricing during the term of this Agreement shall be per the pricing structure agreed upon between the City of Temecula and Consultant prior to the beginning of the next fiscal year. American Forensic Nurses shall provide the City of Temecula the pricing structure for any additional fiscal years upon request by the City of Temecula during the term of this Agreement. In no event, shall such services exceed $50,000 annually for a total contract amount of $200,000 for the total term of this Agreement. The not to exceed amount listed herein is an estimated expenditure and this Agreement does not guarantee Consultant this amount in purchased services. 10 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Ph IebotomyServices.Police. PD14-06.05.29.13 March 19, 2013 Temecula Police Department P.O. Box 892050 Temecula, CA 92589 Dear Ms. Vollmuth, G. FAYE BATTISTE•OTTO, R.N. President and CEO Member. International Association of Forensic Nurses PMAR 24 - PURCHASING Our fees schedule will remain as is for the fiscal year 2013 — 2014. The current rates are listed below for your records. Service Current 1. Blood / Urine / DNA collection 2. Dry Run: Blood &/or Urine 3. Rape Suspect Evidence Collection 4. Dry Run, Rape Suspect Evidence Collection 5. Reference Evidence Collection 6. Reference Evidence Collection Dry Run 7. Court Time (Actual time in court only) 8. On-call Fee 9. DUI Check Point If you have any questions, please do not hesitate to contact me. Yours very truly, aye Battiste-Otto FBO/ss $ 42.38 per subject $ 30.00 per dy run $ 195.00 per suspect $ 95.00 per dry run $ 99.00 per suspect $ 49.00 per suspect $ 85.00 per hour $1,248.00 per month $ 350.00 per DUI CP 255 North El Cielo Road, Suite #: 140-195, Palm Springs, CA 92262 Office: 760.322.9925 Fax: 760.322.9914 Email: infotgamm.com 11 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/PhlebotomyServices.Police.PD 14-06.05.29.13 AC RO 0�' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIOOIYYW) 4/12/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUIHOWLED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certicate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. it SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERfrz Direct -Link Insurance Services, L C&9Q Q Cumbrc Inauranoc Services i 3333 Concours Suite 5100 MAY 14 2o, Ontario CA 91764 HAMS CT Arlene Camp09 YA °a:3°NE�Sp.n (909) 484-2456 ITa .). 1909)444-2491 A AaU arlene, oanposecuTnbreinc. com INSUR!R(S) AFFORDING COVERAGE NAICa INS A:Landmark American Insurance Co13Si/1: ER GENERAL X II.. INSURED PIN, NSURER $:American Alternative Ins. Corp 1 r1e10 /n American Forensic Nurses, DBA: AFN & Chateau 255 N. El Cielo Road SWAN 140 - 195 1 Palm Springs CA 92262 INSURER C: 4/3/2013 INSURER D: EACH OCCURRENCE INSURER PPRRFyPg cTuEOenc a INSURER F• MED EXP (Any one some) COVERAGES CERTIFICATE NUMBER:2013-2014 OL/ProLiability REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BE_OW HAVE BEEN ISSJED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1ICY 4TR TYPE OF INSURANCE )H3L YA POLICY WAVER EFF pAwDeVYYYY) (MOUCY EXP µ YVY) UNITS A GENERAL X LIABILITY COMMERCIAL GENERAL UNARY LHCB20730 4/3/2013 4/3/201r 1 y EACH OCCURRENCE S 1,000,000 PPRRFyPg cTuEOenc a $ 50,000 MED EXP (Any one some) S 5,000 CLAIMS -MADE 3( OCCUR PERSONAL A ADV INJURY S 1,000,000 Retro Date: 4/3/2013 GENERAL AGGREGATE s 3,000,000 PROOUCTS• COMP/OPAGG $ 3,000,000 �GENT AGGREGATE LIMIT APPLIES PER- I POLICY n 4. n LOC S 2 AUTOMOBILE X X LIABILITY ANY AUTO ALLOWNEO AUTOS HREDAu)os —• x SCHEDULED AUTOS AROuroov+NED 99A2CA000150200 Casa,/Cell Deli $1^,C0 1 7/31/2012 7/31/2013 . LAWN. SINGLE LIMIT 1Ca IKOPPYi BOO LY INJURY (Per per,a) $ 1,000,000 s 1,000,000 RCOLY INJURY( Per acadent) S 1,000,000 iPPROPERTY DAMAGE $ 1,000,000 Unwed Meow IN .91.• $ 1,000,000 UMBRELLA LIAB EXCESS LIAB — OCCUR CLAIMS -MADE � EACH OCCURRENCE $ AGGREGATE $ Dep 1 1 R ENTK.Yvt s WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANI' PROPRIETCSUPARTNER/EXECUTIVE ❑ Rn,IEM OFFICEBER EXCLUDEL7 (Marldato 7 In NH) 1�1 yK. desnbo ands DESCRIPTION OF OPERATIONS Deb„ NIA WC STATU• I IOTI1• TORY) IMITC FR E L EACH ACG CENT $ E L DISEASE • EA EMPLOYEE S EL DISEASE- POLICY UMFT $ A Professional Liability 1,11.207304/3/2013 4/3/2014/ $1.03.000 LA POIClaell $2,500 Deduccde Pe, Claim DESCRIPTION OF OPERATIONS TaA ANIONS I VE)4CLES {Ansa, 0101. Menlo.Menlo.Rama. Senodulo. B .nom space Is muted) The City of TeBLeca, Successor Agency to the Temecula Redevelopment Agency and Temecula Conmunity Services Dist t are Named Additional. Insured and Loss Payee Per Policy Forms. Commerical Auto Per the Attached F �/ 10 days notice of cancellation applies in event of non payment of premium. rF DTIPIraTF 14(11 nFD (951)694-6479 City of Temecula 41000 Main Street Temecula, CA 92590 1� renlrFl I ennM 51///, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 111 ACCORDANCE WITH THE POLICY PROVISIONS, AUTHOP12ED REPRESENTATIVE Shawn Ranson/RA ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS026(20+005)CI The ACORD name and logo a e registered marks of ACORD 12 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic N urses/P hl e botom yServi ces .Police .PD 14-06.05.29.13 Additional Named Insureds Other Named Insureds AeN AkN & Chateau Battiste Assisted Living Residence Doing Business An Doing Business As OFAPPINF (02)2007) COPYRIGHT 2007, AMS SERVICES INC 13 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/Phl e botom yS ery ices. Pol i ce. PD 14-06.05.29.13 POLICY NUMBER: 99A2CA00C 1502-00 COMMERCIAL AUTO CA 2001 03 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE This endorsement modlfes insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverago provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the Inception date of the policy unless another date is indicated below. Named Insured: American Forensic Nurses Endorsement Effective Date: 07/31/20:2 Countersignature Of Authorized Representative Name: Title: Signature: Date: CA 20 01 03 06 ©ISO Properties, Inc., 2005 Page 1 of 3 0 14 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/PhlebotomyServices.Police.PD14-06.05.29.13 SCHEDULE Insuranco Company:A:nericon Alternative Insurance Corporation Policy Number: 99A2CA0001502-00 Effectve Date: 07/31/2012 Expiration Date: 07/31/2013 Named Insured: American Forensic Nurses Address: 255 N. El Cielo Road suite 140 - 195 Palm Springs CA 92262 Additional Insured (Lessor): City of Temecula Address: 41000 Main Street Temecula, CA 92590 Designation Or Description Of "Leased Autos": Coverages Limit Of Insurance Liability S1,000,003 Each "Accident" Comprehensive Actual Cash Value Or Cost Of Repar Whichever Is Less, Minus St, 000 Deductible For Each Covered "Leased Auto" Collision Actual Cash Value Or Cost Of Repar Whichever Is Less, Minus St, 000 Deductible For Each Covered "Leased Auto" Specified Causes Of Loss Actual Cash Value Or Cost Of Repar Whichever Is Less, Minus Deductible For Each Covered "Leased Auto" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Coverage 1. Any 'leased auto" designated or described In the Schedule will be considered a covered "auto" jou own and not a covered "auto" you hire or borrow. Page 2 of 3 2. For a "leased auto" designated or described in the Schedule, Who is An Insured is changed to include as an "insured" the lessor named in the Schedule. However, the lessor is an "in- sured" only for 'bodily injury' or 'property dam- age" resulting from the acts or omissions by: a. You; b. Any of your "employees' or cents; or c. Any person, except the lessor or any 'em- ployee" or agent of the lessor, operating a "leased auto' with the permission of any of the above. ©ISO Properties, Inc., 2005 CA 20 01 03 06 0 15 R :/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic N urs es/Phl eboto m yServi ce s .Police .PD 14-06.05.29.13 3. The coverages provided under this endorse. ment apply to any 'leased auto" described in the Schedule until the expiration date shown in the Schedule, or when the lessor or his or her agent takes possession of the "leased auto", whichever occurs first. B. Loss Payable Clause 1. We wil pay, as interest may appear, you and the lessor named in this endorsement for loss' to a "leased auto". 2. The insurance covers the interest of the lessor unless the 'loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor, we will obtain his or her rights against any other party. C. Cancellation 1. If we cancel the policy, wo will mail notice to the lessor In accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. D. The lessor Is not liablo for payment of your preml" ums. E. Additional Definition As used in this endorsement; 'Leased auto" moans an 'auto" leased or rented to you, including any substitute, replacement or extra 'auto" needed to meet seasonal or other needs, under a leasing or rental agreement that requires you to provide direct primary insurance for the les- sor. CA 20 01 03 06 @ISO Properties, Inc., 2005 16 R:/Finance/Agreements/Finance Dept Agreements/Agreements Nurses/PhlebotomyServices.Police.PD14-06.05.29.13 Page 3 of 3 0 2013-2014/American Forensic AC -ORO' CERTIFICATE OF LIABILITY INSURANCE AFM -001 OP ID: TM DATE (MM1o0IYYYY) 05121113 THIS CERTIFICATE IS ISSLED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERI$), AUTHORIZED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, tho pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certincale holder In lieu of such endorsemenl(s1. PRODUCER626-914.9944 Jackson 8 Jackson Ste20nce 2220 East Route 66 205 626-R� 0 Glendora, CA 91740 ' NA rlE: PHONE IFAX wcNa Ern: WC, No): ADDRESS: Tommie McCrary �Q / \J �\rL {S`v'- Q I, ] INSURER(S) AFFORDING COVERAGE NAIL • NSURERA: State Compensation Ins. Fund GENERAL — NSURED American Forensic Nurses In �+ s G 255 N. El Clelo Road Ste #195 cj\C\ Palm Springs, CA 92262 p JACO' s INSURER B: INSURER C: INSURER D: EACH OCCURRENCE INSURER E: DAWAGETO RtM1D PREMSES IEA ocanence INSURER F S • IBER: THIS IS TO CE(I IF THAI II -t YOE ICItb VI- INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO ICY PERIOD INDICATED. NOTWITHSTANDNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iP LTR ETR TYPE OF INSURANCE AV*ft wuI POI ICY NUMBER iDLMMr+YWY9 kle1/00tl 1 LIMTTS GENERAL — LIABIUTY ODYMERCIAL GCVERAL LIABILITN" EACH OCCURRENCE f DAWAGETO RtM1D PREMSES IEA ocanence 0 NED DIP (Any one Dyson) S C:t AINS•wwC DCCl1R PERSONAL 5 ADV IN,LIRT S GE•ERAL AGGREGATE 5 PRDOUCTS • COMP/OP AGO $ GEN. AGGREGATE LIMIT APPLES PER 7ICYPOLICY nICr S AUTOMOBILE - LIABILOY ANY AUTO � O AUTNON-OWNED Hewn AUTOS _µHOS UL DEn AUTOS k-P43INrD S:Wtt LIMIT LEr dcc Orr) t BODILY NJLRY row por•,onl S BODILY IILILRY (Pea ecacen1) S pR]PERTYDWMGE IPor eCaaBril S f EXCESS LIAR ...•LVBRELLALIAB OCCIR CLAIMS -MALL EA_IOCCURRENCE S A.C:W..ATE 5 S CFP 1 1 RFTEJLCN S A WORMERS COMPENSATION AND EMPLOYERS' UABLm MV PROPIaEETon ARTNm EIEEXECIvt Y�NIA OFFICER/MEMBER EXCLUDED? (LMndAteryln NH) II yes deunb. under DFSCAPTI0N OF OPFRA1 Ka15 rev. 90576892013 05/02)13 12/01/1 x 11'! RAT). I VA' E L EACH ACCIDENT S 1.000,000 tl DISEASE• EA EM' OYES II 1,000,000 Et DISEASE • PCLICY LNYT 1OOO,OOC 1 r DESCRIPTION OF OPERATIONS 1 LOCATIONSI VEHICLES (Attach ACORD 101, AddRonel Remarks Schedule. Y mon epnee 11 r gWedl fiLX4‘ Lamm 111-m...esr u. nvi-sars City of Temecula/ Attn: Mary Vollmuth 41000 Main Street Temecula, CA 92590 1 S� Q f J / ' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED N ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE CC X34 <s.s..s.+R.f...: •'-i':\'ri..'...,c.>.....\ ) ACORD 25 (2010/05) •2010 ACORD CORPORATION. All ng hta reserved. The ACORD name and logo are regietered marks of ACORD 17 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/PhlebotomyServices.Police.PD14-06.05.29.13 Mary Vollmuth From: Sherry Shotwell <sherrya amrn.corn> Sent: Tuesday, April 16, 2013 1:14 PM To: Mary Vollmuth Subject: RE: City of Temecula - AFN Corporate Signer / Minutes Yes she is. From: Mary Vollmuti (mailto:Marv.Vollmuth 5 cityofternecula.orq] Sent: Tuesday, April 16, 2013 12:27 PM To: sherrvCaamrn,com Subject: City of Temecula - AFN Corporate Signer / Minutes Importance: High Hi Sherry, can you confirm for me the attached 2+2011 AFN Corporate Meeting Minutes are still the most current in regards to Faye being the CEO and single corporate signer? Thank you! Mary Vollmuth Purchasing Coordinator II City of Temecula Phone: (951) 240-4289 Fax: (951) 694-6479 purchasinq(a)citvoftemecu la.orq ma rv.vollmuth(Dcitvofte-necula. orq 41000 Main St, Temecula, CA 92590 Connect with the City of Temecula LI E 18 R:/Finance/Agreements/Finance Dept Agreements/Agreements 201 3-2014/American Forensic N urses/P hl e botom yServi ces .Police .PD 14-06.05.29.13 AMERICAN FORENSIC NURSES, INC. A California Corporation MEETING MINUTES Date. January 2, 2601 Time: 2:00 pm Location: Palm Springs, California Present. Faye Batttste Otto, Preside,WSrcretary/CMef Financial Officer (CFO) Others Present: None Minutes Approved from Previous Meeting: IIV1/40 - Approved by Faye Battl,te-Otto Agenda and Actions Taken: On a motion brought by the President/Secretary/CFO of the Corporation, the President / Secretary / CFO of the Corporation b hereby authorized to enter s long-term lease of the real property located at 320 dr 330 South Sar Jacinto Street, Hemet, California. The specific terms of the lease shall be negotiated by the President/Secretary/CFO who Is authorized to execute all documents and real estate transactions as required. On motion made by the President/Secretary/CFO it was unanimously approved to continue to do business with Guarantee Federal Bank, Palm Springs. All checks drafts and other instruments obligating the corporation shall be signed by the President/Secretary/CFO. On motion by the P:ealdent/Secretary/CPO of the Corporation, and thereafter unanimously approved she Is hereby authorized to apply to the State of California for a license in the name of the Corporation to conduct an assisted living business at the premises listed above. It was unanimously approved that, without further authorization by this Board of Directors, the President/Secretary/CFO is hereby authorized to execute all documents, contracts, leases, vehicle purchases, bank loans, service agreements which ensure to the benefit of the corporation, including contracts for services, leases, bank loan documents, short and long term license agreements. It was noted by the President/Secretary/CFO that significant improvements will be required prior to opening the new business operation in Hemet. The financial Statements for the Year ending December 31, 2000 were reviewed by the President/ Secretary/CFO and it was determined that additional working capital loans will be required for future operations. There being no further business to comeadjourned. before the meeting, it was duly adjoued. ?ay -C. /�,tCL r%- 0-ZS President/Secretary /Chief Financial Officer /- 2.- / Date 15 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2012-2013/American Forensic Nurses.Phlebotomy Agreement. Police. PD13-05.3.6.12 19 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/American Forensic Nurses/PhlebotomyServices.Police.PD14-06.05.29.13 Item No. 6 • • Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: June 25, 2013 SUBJECT: Agreements for DUI Drug and Alcohol Screening PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: 1. Approve an Amendment to the Agreement with Bio Tox Laboratories for DUI Drug and Alcohol Screening Services for an additional $22,000 for Fiscal Year 2012-13 for a total annual contract amount of $52,000; 2. Approve a four-year Agreement for Consultant Services with Bio Tox Laboratories for DUI Drug and Alcohol Screening Services in the amount of $50,000 for Fiscal Year 2013-14 and a total contract amount of $200,000. BACKGROUND: The City of Temecula pays for all DUI and drug testing performed on drivers apprehended within the City limits. The City of Temecula Police Department and Temecula Area of the California Highway Patrol utilize Bio Tox Laboratories for almost all drug and alcohol screenings utilizing blood and/or urine. Invoices are paid by the City of Temecula. The service provided by Bio Tox has been prompt and reliable and we have received positive comments from the District Attorney, our Officers and our Finance Department. Bio Tox payment rates are the same for the City of Temecula as they are for the County and are comparable to the previous year. The amendment to the Fiscal Year 2012-13 contract includes an additional $22,000 for Fiscal Year 2012-13 due to a stepped up program of DUI enforcement coupled with two Office of Traffic Safety DUI Mini grants. The result has been increased Drug and Alcohol testing by the CHP and Temecula Police Department. The contract amount is not to exceed $50,000 for Fiscal Year 2013-14 and $50,000 each additional year thereafter for a total contract amount of $200,000. • • Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: June 25, 2013 SUBJECT: Agreement with Melody's Ad Works, Inc. for OId Town Temecula Special Event Coordination and Marketing Services PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Approve the Agreement with Melody's Ad Works, Inc. in the amount up to $51,500 for the coordination and marketing of special events in OId Town Temecula for Fiscal Year 2013-14. BACKGROUND: Since 1999, Melody's Ad Works, has provided public relations and special events coordination for Old Town Temecula events. One of the major goals for Melody's Ad Works is to provide and promote events that will attract visitors and bring tourism to the area. Since 1999 the Old Town Temecula events have grown in attendance and notoriety which have established Temecula as an entertainment destination. The following is a summary of the FY 2013-14 Old Town Temecula special events: 1. Hot Summer Nights — Entertainment every Friday night from July 12 — August 30, 2013 and Labor Day Weekend. 2. Quilt Show — Quilt displays throughout OId Town on Saturday October 5, 2013; a quilt auction, with proceeds going to charities. 3. Winterfest — Friday November 29, 2013 Santa will arrive in Old Town Temecula_ Holiday entertainment will be provided every weekend until December 21, 2013. 4. New Year's Eve — Bands, entertainment and a grape drop on December 31, 2013. 5. Bluegrass Festival — March 15 & 16, 2014 Bluegrass entertainment on Saturday and gospel concerts on Sunday. 6. Western Days — May 17 & 18, 2014 — ICS chili cook -off and western entertainment. 7. Street Painting & Plein Air Festival — June 20, 21 & 22, 2014 approximately 140 street painting and plein air artists. The Quilt Show, Bluegrass Festival and Western Days bring visitors from neighboring states. Many of the visitors for the Quilt Show come by bus in a group tour. Hot Summer Nights, Winterfest, New Year's Eve and the Street Painting & Plein Air Festival have a regional draw, but we continue to see visitors for these events increase. FISCAL IMPACT: 14 Police Department ATTACHMENTS: Adequate funds exist within the Fiscal Years 2012-13 and 2013 - budgets to meet the estimated payment rates. 1. First Amendment to the Agreement with Bio Tox Laboratories for DUI Drug & Alcohol Screening Services 2. Agreement for Consultant Services with Bio Tox Laboratories for DUI Drug & Alcohol Screening Services PD13-11 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BIO TOX LABORATORIES FOR DUI DRUG & ALCOHOL SCREENING SERVICES THIS FIRST AMENDMENT is made and entered into as of June 25, 2013 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Bio Tox Laboratories a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: A. On July 3, 2012, the City and Consultant entered into that certain Agreement entitled "Agreement for "DUI Drug & Alcohol Screening Services", in the amount of $30,000. B. The parties now desire to increase the payment in the amount of $22,000 for fiscal year 2012-2013 and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The First Amendment amount shall not exceed Twenty -Two Thousand Dollars and No Cents ($22,000.00), for additional DUI drug and alcohol screening services in fiscal year 2012-2013 for a total Agreement amount of Fifty -Two Thousand Dollars and No Cents ($52,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:/Finance/Finance Dept. Agreements/Agreements 2012-2013/Bio Tox/Lab Services.Amend 1.Police.PD13-11.05.28.13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BIO TOX LABORATORIES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor ATTEST: By: By: Dale R. Somers, CEO/President Susan W. Jones, MMC, City Clerk Tracey Stangarone, CFO/Business Manager APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Bio Tox Laboratories Attn: Tracey Stangarone 1965 Chicago Avenue, Ste C Riverside, CA 92507 Phone: 951-341-9355 Fax: 951-341-9359 tracey@biotoxlabs.com PM Initials: Q Date: �/ 2 R:/Finance/Finance Dept. Agreements/Agreements 2012-2013/Bio Tox/Lab Services.Amend 1.Police.PD13-11.05.28.13 PD14-05 AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BIO TOX LABORATORIES FOR DUI DRUG & ALCOHOL SCREENING SERVICES THIS AGREEMENT is made and effective as of June 25, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Bio Tox Laboratories, 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, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2017, 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 times 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 No Cents ($50,000.00) annually for a total contract amount of Two Hundred Thousand Dollars and No Cents ($200,000.00) 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 1 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 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 2 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 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 Scorte 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: 3 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 1) General Liability: One Million Dollars ($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 Dollars ($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 Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall riot 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall riot 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 of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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 4 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 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 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. 5 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 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 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Bio Tox Laboratories Attn: Tracey Stangarone 1965 Chicago Avenue, Ste. C Riverside, CA 92507 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 6 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BIO TOX LABORATORIES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Dale R. Somers, CEO/President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Tracey Stangarone, CFO/Business Manager APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Bio Tox Laboratories Attn: Tracey Stangarone 1965 Chicago Avenue, Ste. C Riverside, CA 92507 Phone: 951-341-9355 Fax: 951-341-9359 tracey@biotoxlabs.com PM Initials: D B Date: 8 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: 1. Toxicology testing services for the City of Temecula Police Department. Testing will consist of the screening of appropriate bodily fluids (e.g.: blood or urine) for the presence or absence of drugs or alcohol utilizing the most current and state of the art procedure. The various test prices are listed on Exhibit B. 2. Bio-Tox will obtain specimens from the following location within acceptable response times: City of Temecula Police Department Southwest Station 30755-A Auld Road Murrieta, CA 92562 3. Lab Reports. 4. Consultation & Courtroom Testimony Acceptable response time from the notification that a specimen is ready for pick up is to be no longer than three (3) working days (working days are 8:00 a.m. to 5:00 p.m. Monday through Friday). Final laboratory reports are to be delivered/mailed by the lab to the Temecula Police Department. Bio-Tox will provide consultation and courtroom testimony by a Board Certified Toxicologist on the technical aspects of all toxicological and analysis performed by Bio-Tox Laboratories as required and with reasonable notice. Cost for these services will be at the normal rate charged to departments for these services. 9 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 EXHIBIT B Payment Rates and Schedule Riverside County Sheriff contracts with Bio-Tox Laboratories for DUI and toxicology services. The contract with the County is for a period of 5 years and the pricing for fiscal year 2013/14 services with the City of Temecula is per County pricing as received from Bio Tox Laboratories attached hereto and incorporated herein as though set forth in full. Any change in pricing during the term of this Agreement shall be per the pricing structure negotiated and agreed upon with the County of Riverside under their current contract. Bio Tox Laboratories shall provide the City of Temecula the pricing structure for any additional fiscal years upon request by the City of Temecula during the term of this Agreement. In no event shall such services exceed $50,000 annually for a total contract amount of $200,000 for the total term of this Agreement. The riot to exceed amount listed herein is an estimated expenditure and this Agreement does not guarantee Consultant this amount in purchased services. 10 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 EXHIBIT B CON'T BIO TOX TEST LIST AND FEES RIVERSIDE SHERIFF DEPARTMENT (POST MORTEM AND ANTI MORTEM) TEST DESCRIPTION . FEE ALCOHOL ALCOHOL, URINE 39.00 ALCOHOL. BLOOD 39.00 ALCOHOLIC BEVERAGE (including Pruno) 95.00 VOLITALES PANEL (ACETONE. ISOPROPANOL. METHANOL) 78.00 ANTICONVULSANT PANEL ANTICONVULSANT PANEL, SCREEN 125.00 BARBITURATE CONFIRMATION, LCIMSIMS BARBITURATE CONFIRMATION, LC/MS/MS 125.00 BENZODIAZEPINES CONFIRMATION, LCIMSIMS BENZODIAZEPINES CONFIRMATION, LC/MS/MS 145.00 CANNABINOIDS CONFIRMATION, LC/MS/MS CANNABINOIDS CONFIRMATION, LC/MS/MS (BL000 OR URINE) 85.00 COCAINE CONFIRMATION, LC/MS/MS COCAINE CONFIRMATION, LC/MS/MS 69.00 COMPREHENSIVE PANEL DRUG SCREEN COMPREHENSIVE PANEL DRUG SCREEN (BLOOD. URINE OR VITREOUS) -OVER 150 PRESCRIPTION DRUGS 114.94 OTHER DRUG SCREENS < PANEL DRUG SCREEN (COCAINE METABOLITE. METHAMPHETAMINE, OPIATES, PCP) -ANTI MORTEM CASES ONLY 25.00 BARBITURATES SCREEN 35.00 BATH SALTS DRUG SCREEN 125.00 BENZODIAZEPINES SCREEN 19.00 CANNABINOIDS SCREEN 19.00 COCAINE METABOLITE SCREEN 19.00 DESIGNER STIMULANT SCREEN 125.00 EXPANDED IA SCREEN (BENZODIAZEPINES. CANNABINOIDS ► 4 PANEL) -ANTI MORTEM CASES ONLY 35.00 LSD SCREEN 75.00 METHADONE SCREEN. LC/MS/MS 45.00 OPIATES SCREEN (URINE, BLOOD OR VITREOUS) 19.00 PHENCYCLIDINE SCREEN 19.00 METHAMPHETAMINE CONFIRMATION, LC/MS/MS METHAMPHETAMINE CONFIRMATION, LC/MS/MS 69.00 OPIATE CONFIRMATION, LC/MSIMS OPIATE CONFIRMATION, LC/MS/MS 85.00 PHENCYCLIDINE CONFIRMATION, LC/MS/MS PHENCYCLIDINE, LC/MS/MS 35.00 PRESCRIPTION DRUGS (WITH METABOLITE) AND OTHER ACETAMINOPHEN 75.00 ALBUTEROL 99.00 AMITRIPTYLINE 99.00 ATENOLOL 99.00 BACLOFEN 125.00 BENZTROPINE 75.00 BROMPHENIRAMINE 99.00 BUPRENORPHINE 99.00 BUPROPION 125.00 BUSPIRONE (BUSPAR) 99.00 CARBAMAZEPINE 99.00 CARISOPRODOL 99.00 CHLORPHENIRAMINE 99.00 CHLORPROMAZINE 99.00 Page 1 of 3 11 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 BIO TOX TEST LIST AND FEES RIVERSIDE SHERIFF DEPARTMENT (POST MORTEM AND ANTI MORTEM) TEST DESCRIPTION FEE CITALOPRAM 99,00 CLOMIPRAMINE 99.00 CLONIDINE 99.00 CYCLOBENZAPRINE 99.00 DESIGNER STIMULANT CONFIRMATION, PER DRUG 105.00 DEXTROMETHORPHAN 99.00 DIPHENHYDRAMINE 79.00 DOXEPIN 79.00 DOXYLAMINE 99.00 DULOXETINE 99.00 FENTANYL 99.00 FLUOXETINE 99.00 GABAPENTIN 125.00 GAMMA-HYDROXYBUTYRIC 195.00 HALOPERIDOL 99.00 HYDROXYZINE 99.00 KETAMINE 99.00 LAMOTRIGINE 99.00 LEVETIRACETAM 99.00 LEVORPHANOL 99.00 LIDOCAINE 99.00 MECLIZINE 89.00 MEPERIDINE 99.00 MESCALINE 75.00 METHADONE 75.00 METHOCARBAMOL 99.00 METHYLPHENIDATE 99.00 MIRTAZAPINE 99.00 NALOXONE 99.00 OLANZAPINE 99.00 OXCARBAZEPINE 99.00 PAROXETINE 99.00 PHENAZEPAM 99.00 PHENTERMINE 99.00 PHENYLPROPANOLAMINE 99.00 PHENYTOIN 125.00 PRIMIDONE 99.00 PROMETHAZINE 125.00 PROPRANOLOL 99.00 PSEUDOEPHEDRINE 99.00 QUETIAPINE 99.00 RISPERIDONE 99.00 SCOPOLAMINE 99.00 SERTRALINE 99.00 TOPIRAMATE 99.00 TRAMADOL 99.00 TRAZODONE 99.00 VENLAFAXINE 99.00 VERAPAMIL 99.00 ZALEPLON 99.00 ZIPRASIDONE 99.00 Page 2 of 3 12 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 BIO TOX TEST LIST AND FEES RIVERSIDE SHERIFF DEPARTMENT (POST MORTEM AND ANTI MORTEM) TEST DESCRIPTIONH FEE ZOLPICLONE 99.00 ZOLPIDEM 99.00 SPECIAL FEES CHAIN OF CUSTODY -storage only per sample: no testing: anti mortem 12.00 LEAKING SAMPLE 15.00 NAME DISCREPANCY 15.00 SAMPLE RETURN' 15.00 STAT FEE, PER TEST -24 to 48 hours turnaround time 200.00 Note: Drugs listed are subject to review and change as ceemed necessary by laboratory management. Page 3 of 3 13 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2013-2014/Bio Tox/Lab Services.Police.PD14-05.5.28.13 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Steve Gallegos, Fire Chief DATE: June 25, 2013 SUBJECT: Agreement with Trauma Intervention Program of Southwest Riverside County, Inc. PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: Approve the Sponsorship Agreement in the amount of $10,000 with Trauma Intervention Program of Southwest Riverside County, Inc. BACKGROUND: The Trauma Intervention Program, better known as TIP is a national non-profit organization that provides counseling and assistance at incidents when Fire and Police call upon them. Services include assistance to family members at an unexplained death, assault, vehicle accident or any incident that the responding public safety officer deems necessary. This program provides a needed service that will provide support to our Temecula residents in a time of need. TIP volunteers undergo a screening process prior to becoming accepted into the program. Prerequisites include passing a Department of Justice background check and a clean driving record. Under the new standards, TIP volunteers must be able to commit to three 12 hour shifts per month and cannot begin work until they attend a 55 -hour training program that includes a one-on-one interview with the board, orientation, intense emotional training and a policies and procedures course. A number of municipalites and organizations throughout Riverside County utilize the Trauma Intervention Program, including the City of Murrieta, Canyon Lake, Lake Elsinore, Menifee and Wildomar. TIP volunteers also provide support in the unincorporated areas of Riverside County. Police and Fire utilize TIP at incidents when life altering events take place. Because both entities use TIP's services the Police and Fire Department will split fund this program providing $5,000 each from their Fiscal Year 2013-14 operating budget. FISCAL IMPACT: Total expenditure not to exceed $10,000. Adequate funds are available in the Fiscal Year 2013-14 Police and Fire Department budget. ATTACHMENTS: Sponsorship Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND TRAUMA INTERVENTION PROGRAM OF SOUTHWEST RIVERSIDE COUNTY, INC. THIS AGREEMENT is made and effective as of this 1st day of July, 2013, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Trauma Intervention Program of Southwest Riverside County, Inc., a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall be available to respond to emergencies upon being contacted by the Fire Department, Police Department or City Authority. Availabilty shall be 24 hours a day, seven days a week. The Nonprofit will assist the citizens of Temecula at incidents deemed necessary by the City which may include, but not limited to: a natural or unexplained death; victims of violent crimes including rape, assault, robbery or burglary; victims displaced by fire; disoriented or lonely elderly persons; people involved in vehicle accidents; survivors of suicide and those that are distraught and seeking immediate support. 2. TERM This Agreement shall commence on July 1, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing support services in Fiscal Year 2013-14 the City agrees to pay the the Nonprofit Ten Thousand Dollars and No Cents on or before August 31, 2013. 4. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees 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 the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 5. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability 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 July 1, 2013, 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 Recipient 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 Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Nonprofit shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($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: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Nonprofit employs any employees. Nonprofit warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall riot contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall riot affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit'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 Nonprofit 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. Nonproft 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 Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 6. GOVERNING LAW The City and the Nonprofit 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. 7. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall riot be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 8. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 9. 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: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Trauma Intervention Program of Southwest Riverside County, Inc. Attn: Gina Magee 32400 Beechwood Lane Lake Elsinore, CA 92530 10. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit 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. The Nonprofit 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 the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 11. 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. 12. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Trauma Intervention Program of Southwest Riverside County, 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: Michael S. Naggar, Mayor Tom Tisdale, Chairman of the Board of Directors ATTEST: By: By: Susan W. Jones, MMC, City Clerk Kim Joseph -Cousins, Treasurer, Board of Directors APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT Trauma Intervention Programs of Southwest Riverside County, Inc. Gina Magee 32400 Beechwood Lane Lake Elsinore, CA 92530 951-678-4502 ginalmagee@gmail.com PM Initials: D q Date: v Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Steve Gallegos, Fire Chief DATE: June 25, 2013 SUBJECT: Agreement with Proactive Fire Design, Inc. PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: Approve the Agreement with Proactive Fire Design, Inc. in the amount of $90,000 for Fiscal Year 2013-14 Fire Department plan review service. BACKGROUND: In May of 2010 the Fire Department completed the formal RFP process to hire a consulting firm to provide Fire Department plan review service. As a result of this process, on July 1, 2010 the City entered into an agreement with Proactive Fire Design, Inc. The Fire Department continues to experience a steady upturn in plan submittals and inspections. With this increase there is less staff time to complete all plan reviews, inspections and daily activity. In order to continue to provide quality plan review service within the City's acceptable time frames and still meet the day to day needs of the office, plans are outsourced to Proactive Fire Design, Inc. for review. The original agreement allows for (4) additional (1) year terms provided the City and Consultant agree upon the extension. Proactive Fire Design has continually provided quality and timely plan review service with no performance issues, therefore staff is recommending the annual contract be renewed for Fiscal Year 2013-14. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2013-14 Fire Department Budget. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND PROACTIVE FIRE DESIGN, INC. FIRE DEPARTMENT PLAN REVIEW SERVICE THIS AGREEMENT is made and effective as of July 1, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Proactive Fire Design, 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, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond June 30, 2015. 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 times 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 Ninety Thousand Dollars and No Cents ($90,000), 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 City Manager . Consultant shall be compensated for any additional services in the amounts and in the mariner 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 riot 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 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 Dollars ($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 Dollars ($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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency 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 Dollars ($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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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 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 41000 Main Street Temecula, CA 92590 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Proactive Fire Design, Inc. Don Walton, President 45686 Hopactong Street Temecula, CA 92592 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 Ag ree me nt. 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 hisiher 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Proactive Fire Design, 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: Michael S. Naggar, Mayor Don Walton, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Jo Marie Walton, Secretary Proactive Fire Design, Inc. Don Walton, President 45686 Hopactong Street 951-695-3539 Proactive.fd@verizon.net PM Initials: D g Date: EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: Plan Check Services The City of Temecula Fire Prevention Bureau is seeking services from ProActive Fire Design, Inc. to review Fire Protection Systems for compliance with the life safety provisions of the current edition of the California Building, Fire, Mechanical and Electrical Codes, including State Amendments and Local Ordinances. Nationally recognized standards (NFPA) will also be referenced for compliance of certain fire protection submittals. This will include but not be limited to sprinkler, alarm, underground, hood, duct systems, and building plans as required assuring submittals meet appropriate requirements. Turnaround Time Consultant must provide turnaround times within the City's standard. First submittals shall be turned around and sent back to the Fire Prevention Bureau within 10 working days and re checks are given first priority and shall be completed and returned to the Fire Prevention Bureau within 5 working days. The City will overnight plans to Consultant at the City's expense and once approved Consultant will be required to mail the plans to the City Fire Prevention Bureau via an overnight service at their own expense. Correction List Provided Specific correction lists are to be prepared for each individual project and returned along with a transmittal via fax or e mail to the Fire Prevention Bureau for further processing. Each correction is to be written in plain language stating the item shown on the plans that are deficient and the requirement that must be indicated on the plans to show compliance. Each correction shall be written in plain clear text language stating the correction required identified by plan page and detail with the code section that applies for the correction required. Customer Contact Customer contact is acceptable to obtain additional information needed to complete a plan review. All submittals including re -checks must be routed directly through the City Fire Prevention Bureau for processing and will then be forwarded to Consultant for review. EXHIBIT B Payment Rates and Schedule Fire Prevention Bureau Plan Check Services Each permit application of submitted plans for Fire Prevention Bureau review will be billed at rate equal to 50% of the current published edition of the Fire Department Plan Check Fee Schedule based on the scope of work for that permit. Building Department Plan Check Services Each permit application of submitted plans for Building Department review will be billed at a rate equal to 50% of 60% of the total Fire Department Fees collected for each permit application submitted. Payment Schedule Invoices will 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. Payments shall be made payable to Proactive Fire Design, Inc. EXHIBIT C Outside Plan Check Service Exclusions Worker's Compensation Insurance Proactive Fire Design, Inc. does not have employees and is not required to carry Worker's Compensation. If any employees are hired Worker's Compensation Insurance will be added. Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: June 25, 2013 SUBJECT: Approval of an Agreement with Innovative Document Solutions for the Lease of Canon Copiers PREPARED BY: Michaela Ballreich, Deputy Director of Support Services RECOMMENDATION: Approve a five-year Agreement with Innovative Document Solutions (IDS) for the lease of nine replacement Canon multifunctioning printers/copiers for an annual amount of $6,240.96 for a total contract amount of $31,204.80. BACKGROUND: To continue efforts in addressing the functionality of Canon copiers that have reached the end of a useful lifecycle, the proposed recommendation is for the lease of nine replacement Canon multifunctioning printers/copiers. A Request for Proposal (RFP) for printers/copiers was completed in April 2010 and the contract was awarded to Innovative Document Solutions. Of these nine replacement copiers, six copiers will be utilized at the Library to replace copiers that are no longer properly functioning. The other three replacement copiers will be utilized at three off-site facilities to address obsolete and technologically outdated equipment. FISCAL IMPACT: Sufficient funds are available in fund balance of the Central Services Internal Service Fund. ATTACHMENTS: Lease Agreements AGREEMENT GREATAMERICA FINANCIAL SERVICES CORPORATION"' 625 FIRST STREET SE, CEDAR RAPIDS to 52401 PO BOX 609, CEDAR RAPIDS IA 52406.0609 AGREEMENT NO.: 875744 CUSTOMER ("YOU" OR "YOUR") FULL LEGAL NAME: Temecula, City of ADDRESS: 41000 Main St Temecula, CA 92590-2764 VENDOR (VENDOR IS NOT OWNER'S AGENT NOR IS VENDOR AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS AGREEMENT) Innovative Document Solutions Murrieta, CA EQUIPMENT AND PAYMENT TERMS TYPE, MAKE, MODEL NUMBER, SERIAL NUMBER, AND INCLUDED ACCESSORIES 1 Canon imageRUNNER ADVANCE C5235 Copier Systems 8 Canon imageRUNNER 1025iF Copier Systems 0 SEE ATTACHED SCHEDULE EQUIPMENT LOCATION: As Stated Above TERM IN MONTHS: 60 MONTHLY PAYMENT AMOUNT': 481.56 (*PLUS TAX) ADDITIONAL TERMS AND CONDITIONS AGREEMENT. You want us to pay your Vendor for the equipment referenced herein (-Equipment") and you agree to pay us the amounts payable under the terms of this agreement ("Agreement-) each period by the due date. This Agreement will begin on the date the Equipment is delivered to you or any later date we designate. We may charge you a reasonable fee to cover documentation and investigation costs. If any amount payable to us is not paid when due, you will pay a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or twenty-six dollars ($26.00); or 2) the highest lawful charge, if less. NET AGREEMENT. THIS AGREEMENT IS NONCANCELABLE FOR THE ENTIRE AGREEMENT TERM. YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL ACCEPTANCE OF IT AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS AGREEMENT, WRHOUT SETOFFS FOR ANY REASON, EVEN IF THE EQUIPMENT DOES NOT WORK OR IS DAMAGED, EVEN IF IT IS NOT YOUR FAULT. EQUIPMENT USE. You will keep the Equipment in good working order, use r1 for business purposes only, and not modify or move it from its initial location without our consent You must resolve any dispute you may have concerning the Equipment with the manufacturer or Vendor. Payments under this Agreement may include amounts you owe your Vendor under a separate arrangement (for maintenance, service. supplies, etc.), which amounts may be invoiced by us on your Vendor's behalf for your convenience. SOFTWARE/DATA. Except as provided in this paragraph, references to "Equipment" include any software referenced above or installed on the Equipment. We do not own the software and cannot transfer any interest in it to you. We are not responsible for the software or the obligations of you or the licensor under any license agreement. You are solely responsible for protecting and removing any confidential datafimages stored on the Equipment prior to its retum for any reason. NO WARRANTY. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE ACCEPTED THE EQUIPMENT "AS -IS". YOU CHOSE THE EQUIPMENT, THE VENDOR AND ANY/ALL SERVICE PROVIDER(S) BASED ON YOUR JUDGMENT. YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER OR VENDOR IS PROVIDING. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US. ASSIGNMENT. You may not sell, assign or sublease the Equipment or this Agreement without our written consent. We may sell or assign this Agreement or our rights in the Equipment, in whole or in part, to a third party without notice to you. You agree that if we do so, the assignee will have our rights but will not be subject to any claim, defense, or setoff assertable against us or anyone else. LAWIFORUM. This Agreement and any daim related to this Agreement will be governed by Califomia law. Any dispute will be adjudicated in a state or federal court located in Riverside County, California. You consent to personal jurisdiction and venue in such courts and waive transfer of venue. Each party waives any right to a jury trial. LOSS OR DAMAGE. You are responsible for any damage to or loss of the Equipment, except damage or loss caused by our gross negligence or willful misconduct. No such loss or damage will relieve you from your payment obligations hereunder. In no event will we be liable for any co uenlial or indirect dams. es. OWNER ("WE US". "OUR") INSURANCE. You agree to maintain comprehensive liability insurance acceptable to us. You also agree to: 1) keep the Equipment fusty insured against loss at its replacement cost, with us named as loss payee; and 2) provide proof of insurance satisfactory to us no later than 30 days following the commencement of this Agreement, and thereafter upon our written request. If you fail to maintain property loss insurance satisfactory to us and/or you tail to timely provide proof of such insurance, we have the option, but not the obligation, to secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests. It we secure insurance on the Equipment, we will not name you as an insured party, your interests may not be fully protected, and you will reimburse us the premium which may be higher than the premium you would pay if you obtained insurance, and which may result in a profit to us through an investment in reinsurance. If you are current in all of your obligations under the Agreement at the time of loss, any insurance proceeds received will be applied, at our option, to repair or replace the Equipment, or to pay us the remaining payments due or to become due under this Agreement, plus our booked residual, both discounted at 3% per annum. TAXES. We own the Equipment. You will pay when due, either directly or by reimbursing us, all taxes and fees relating to the Equipment and this Agreement. Sales or use lax due upfront will be payable over the term with a finance charge. END OF TERM. At the end of the term of this Agreement (or any renewal term) (the 'End Date"), this Agreement will renew month to month unless a) you provide us written notice, at least 60 days prior to the End Date, of your intent to retum the Equipment, and b) you timely return the Equipment to the location designated by us, at your expense. If the returned Equipment is not immediately available for use by another without need of repair, you will reimburse us for all repair costs. You cannot pay off this Agreement or return the Equipment prior to the End Date without our consent. If we consent, we may charge you, in addition to other amounts owed, an early termination fee equal to 5% of the amount we paid for the Equipment. DEFAULT AND REMEDIES. If you do not pay any sum within 10 days after its due date, or if you breach any other term of this Agreement or any other agreement with us, you will be in default, and we may require that you retum the Equipment to us at your expense and pay us: 1) all past due amounts and 2) all remaining payments for the unexpired term, plus our booked residual, both discounted at 4% per annum. We may also use all other legal remedies available to us, including disabling or repossessing the Equipment. You agree to pay all our costs and expenses, including reasonable attorney fees, incurred in enforcing this Agreement. You also agree to pay interest on all past due amounts, from the due date, at 1.5% per month. UCC. You agree that this Agreement is (and/or shall be treated as) a "Finance Lease as that term is defined in Article 2A of the Uniform Commercial Code ('UCC'). You agree to forgo the rights and remedies provided under sections 507-522 of Article 2A of the UCC. MISCELLANEOUS. This Agreement is the entire agreement between you and us and supersedes any prior representations or agreements, including any purchase orders. Amounts payable under this Agreement may include a profit to us. The original of this Agreement shall be that copy which bears your facsimile or original signature, and which bears our original signature. Any change must be in writing signed by each party. CUSTOMER'S AUTHORIZED SIGNATURE THIS AGREEMENT IS NON -CANCELABLE FOR THE FULL AGREEMENT TERM. THIS AGREEMENT IS BINDING WHEN WE FUND VENDOR FOR THE EQUIPMENT. CUSTOMER: As Stated Above) OWNER: GreatAmerica Financial Services Corporation SIGNATURE: DATE: SIGNATURE. X DATE: PRINT NAME & TITLE: PRINT NAME & TITLE: CERTIFICATE OF DELIVERY AND ACCEPTANCE The Customer hereby certifies that all the Equipment: 1) has been received, installed, and inspected, and 2) is fully operational and unconditionally accepted. SIGNATURE: X NAME AND TITLE: DATE: temeculacityof.875744.vg01(rl)lawl&d.psw.jl.rtf 6/11/2013 3:58 PM 220 GOVERNMENTAL ENTITIES ADDENDUM This is an addendum ("Addendum") to and part of that certain agreement between GreatAmerica Financial Services Corporation ("we", "our") and Temecula, City of ("Governmental Entity", "you", or "your"), which agreement is identified in our records as agreement number 875744 ("Agreement"). All capitalized terms used in this Addendum which are not defined herein shall have the meanings given to such terms in the Agreement. APPLICABLE TO GOVERNMENTAL ENTITIES ONLY You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to execute the Agreement on your behalf; (b) all required procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c) the Equipment will be operated and controlled by you and will be used for essential government purposes for the entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038 -GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to return the Equipment and terminate the Agreement on the last day of the fiscal period for which funds were available, without penalty or additional expense to you (other than the expense of returning the Equipment to the location designated by us), provided that at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political subdivision or agency of the state in which you are located; (b) funds have not been appropriated for the applicable fiscal period to pay amounts due under the Agreement; (c) such non -appropriation did not result from any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment obligation. GOVERNMENTAL ENTITY'S AUTHORIZED SIGNATURE (As Stated Above) X SIGNATURE GreatAmerica Financial Services Corporation PRINT NAME & TITLE SIGNATURE Michael S. Naggar, Mayor ATTEST: Susan W. Jones, City Clerk VG07NA 0610 PRINT NAME & TITLE APPROVED AS TO FORM: DATE DATE Peter M. Thorson City Attorney DB INNOVATIVE DOCUMENT SOLUTIONS Your Loral Bulinas Fo zer 26855 Jefferson Avenue, Suite F Murrieta, CA 92562 P. 951) 676-8885 F. 951) 296-2675 77-760 Springfield Lane, Suite #6 Palm Desert, CA 92211 P. 760) 200-1583 F. 760) 200-1673 Petjoirseeutee 94evuuttee Canon HEW LETT PACKARD 1. Lifetime Guarantee. Your equipment is guaranteed to perform to manufacturer's specifications for as long as you have it! If we are not able to repair your equipment in your office, we will provide you with a free temporary replacement until the repair has been completed. If your equipment cannot be repaired, we will replace it with equipment of equal or greater capabilities at no additional charge. City of Temecula Date Kevin Heitritter, President Award-winning EXCEPTIONAL Extraordinary ■ technology SERVICE people www.idscanon.com Item No. 10 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: June 25, 2013 SUBJECT: Approval of the Communications Site Lease Agreement with San Diego State University Foundation RECOMMENDATION: 1. Approve a five-year Communications Site Lease Agreement with San Diego State University Foundation for an annual amount not to exceed $6,598.02 for a total contract amount of $32,990.10; 2. Authorize the City Manager to execute the agreement. BACKGROUND: The City has leased antenna space located at 30025 Front Street since 1997. This antenna space allows the City to effectively isolate and maximize signal frequency by attaching needed equipment for the City's radio communication system. The property is owned by the San Diego State University Foundation. The University Foundation has approved the use of the site and has requested an updated, five-year lease agreement. FISCAL IMPACT: The annual lease cost of $6,598.02 has been budgeted in the Information Technology budget for fiscal year 2012-2013. ATTACHMENTS: Communications Site Lease Agreement \11)--1(1) AGREEMENT OF LEASE This Communications Site Lease ("Lease"), dated May 2, 2013 ("Effective Date"), is made by and between SAN DIEGO STATE UNIVERSITY FOUNDATION, a California non- profit corporation doing business as San Diego State University Research Foundation ("Landlord"), and City of Temecula ("Tenant"), with reference to the facts set forth in the Recitals below. RECITALS A. Landlord is the owner of certain real property and improvements located at 30025 Front Street, Temecula, California ("Landlord's Property"). B. Tenant desires to lease a portion of Landlord's Property ("Premises") for the construction and operation of a wireless communications installation. NOW, THEREFORE, in consideration of the Recitals above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. Premises (a) The Premises are contained on Landlord's Property, and commonly referred to as antenna space, together with utility cable space to connect the antennas on the Premises, and are situated and configured as shown with hash marks on the attached Exhibit A. Tenant hereby acknowledges that Tenant's right to use the portion of the Premises shall be on a non- exclusive basis and shall be contained to the area for installation of equipment equivalent to approximately 64 square feet, and shall be shared, in common, with certain other wireless communications users of such Premises. 2. Rent. Beginning on the Commencement Date (as defined in Section 3 below), Tenant shall pay to Landlord, without demand, offset or abatement, on the first day of each month, annual rent ("Rent") in advance for the Premises in the amount as set forth below, in equal monthly installments: Lease Term Monthly Rent Annual Rent 5/01/12 — 4/30/17 $6,598.02 (a) Prorations. If the Commencement Date is not the first (1st) day of a month, or if the Expiration Date is not the last day of a month,' a prorated installment of Rent based on a thirty (30) day month shall be paid for the fractional month during which the Term commenced or terminated. (b) Late Charge. Tenant shall pay to Landlord an administrative charge at an annual interest rate equal to the Prime Rate (as stated under the column "Money Rates" in the Wall Street Journal) plus three percent (3%) ("Interest Rate") on any installment of Rent payable under this Lease which is not paid within three (3) business days of the date on which such payment is due, such charge to accrue from the date upon which such amount was due until paid in full. 3. Term. The term of this Lease shall be for five (5) years ("Term"), commencing on May 1, 2012 ("Commencement Date") and ending April 30, 2017 ("Expiration Date"). 4. Security Deposit. Tenant shall deposit with Landlord upon execution of this Lease, a security deposit in the amount of Zero Dollars. ($0.00). The Security Deposit shall be held by Landlord without liability for interest (except as required by law) and as security for the performance of Tenant's obligations under this Lease. The Security Deposit shall not be considered an advance payment of Rent or a measure of Tenant's liability for damages. Landlord may, from time to time, without prejudice to any other remedy, use all or a portion of the Security Deposit to make good any arrearage of Rent, to repair damages to the Premises, to clean the Premises upon termination of this Lease or otherwise to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to its original amount. If Tenant is not in default at the termination of this Lease, after Tenant surrenders the Premises to Landlord in accordance with this Lease and all amounts due Landlord from Tenant are finally determined and paid by Tenant or through application of the Security Deposit, the balance of the Security Deposit remaining after any such application shall be returned to Tenant. If Landlord transfers its interest in the Premises during the Lease Term, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of such Security Deposit. Tenant agrees to look solely to such transferee or assignee for the return of the Security Deposit. Landlord and its successors and assigns shall not be bound by any actual or attempted assignment or encumbrance of the Security Deposit by Tenant, provided, however, that if Tenant's interest in this Lease has been assigned, Landlord shall return the Security Deposit to such assignee in accordance with the terms and conditions hereof, provided that Landlord has been furnished with a fully executed copy of the assignment agreement. If Landlord returns the Security Deposit to Tenant's assignee as aforesaid, Landlord will have no further obligation to any party with respect thereto. Landlord shall not be required to keep the Security Deposit separate from its other accounts. 5. Use. (a) Tenant accepts the Premises in an "as is" condition, having inspected and determined that the same are fit for its intended use. Landlord makes no representation or warranty whatsoever with respect to the condition of the Premises or Landlord's Property. (b) Tenant shall use the Premises for the purposes of installing, maintaining and operating a wireless communications transmitting and receiving facility operating in the frequency of 855.4875 Mhz, and for no other purpose. In connection with such use, Tenant may install, maintain and operate only the equipment needed as a backup to the City's emergency response system. ("Permitted Equipment"). Tenant shall provide Landlord with a structural report outlining the placement of the Permitted Equipment and the integrity of the installation on the roof prior to the construction of any improvements. No equipment or antennas other than the Permitted Equipment may be used on or within the Premises without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed, unless any such additional and/or substitute equipment materially increases the structural burden on the rooftop portion of the Premises and/or Tenant proposes to increase the total number of antennas. (c) Tenant understands and acknowledges that Landlord has leases, and may continue to lease, other locations on or within the Premises to other similar users. Landlord makes no representation or warranty to Tenant as to the effect of such other parties' uses on the operation of Tenant's facility. Notwithstanding the foregoing, however, Landlord shall use commercially reasonable efforts to eliminate any physical obstructions or "near field" interference that may be caused to Tenant's communications operations on the Premises by any third party operating communications facilities on Landlord's Property after the Effective Date; provided, however, in no event shall Landlord have any obligation to eliminate any interference caused by any third parties to the extent such parties are operating such facilities on or within the Premises on or prior to the Effective Date. (d) Landlord shall grant Tenant the right to access the property for the purposes of installation, maintenance and ultimate removal of said Permitted Equipment. 6. Termination. Tenant shall have the right to terminate this Lease in the event that Landlord is unable to eliminate any interference which Landlord is obligated to eliminate pursuant to Section 5(c) above within thirty (30) days following notice of such interference to Landlord. Any such termination shall relieve both parties of any further obligations under this Lease, except with respect to the restoration obligations of Tenant pursuant to Section 12 below, and the indemnification obligations of Tenant pursuant to Section 14 below; provided, however, that each party shall continue to have any remedies for any breach of a Lease obligation which may have occurred prior to the effective date of termination. 7. Compliance with Laws. Tenant shall, at its sole cost and expense, obtain and maintain any and all permits, approvals and/or licenses required by any and all governmental agencies having jurisdiction over Landlord's Property for the construction, installation and operation of the Permitted Equipment, Tenant's improvements and Tenant's operations on and within the Premises. Tenant shall comply with all laws and regulations applicable to Tenant's use of the Premises, including, without limitation, laws and regulations concerning hazardous materials and laws and regulations established by the Federal Communications Commission and the Federal Aviation Administration. 8. Insurance. Throughout the Term of this Lease, as the same may be extended, Tenant, at its sole cost and expense, shall maintain commercial general liability insurance coverage against claims and liability for personal injury, death or property damage arising from the use, occupancy, or condition of Landlord's Property or the Premises, providing protection of at least Two Million and 00/100 Dollars ($2,000,000) per occurrence. (a) Tenant shall maintain in force throughout the Term of this Lease personal property insurance in an amount sufficient to fully protect the Permitted Equipment, Tenant's improvements and all other personal property owned or controlled by Tenant on and within the Premises from theft, fire, or other loss or damage while upon the Premises. (b) Tenant shall deliver to Landlord, not later than three (3) business days following the Commencement Date, certificates of insurance evidencing the coverage required pursuant to this Section 8. All certificates shall expressly provide that not less than thirty (30) days prior written notice shall be given to the other party in the event of any material alteration to or cancellation of the coverage evidenced by such certificates. Tenant's policy of commercial general liability insurance coverage shall designate Landlord as an additional insured. (c) Each party hereby releases the other and the other's partners, affiliates, members, agents and employees from liability or responsibility for any loss or damage resulting from any cause or hazard for which insurance is required to be carried pursuant to this Lease (or is otherwise carried by either party), including any loss or damage resulting from any loss of the use of any property. These releases shall apply between the parties and to any claims under or through either party as a result of any asserted right of subrogation. The release provisions of this Section 8(d) shall survive termination of this Lease. 9. Interference Prohibited. Tenant shall not use the Premises in any way, which interferes (electronically or otherwise) with the use of the Premises by Landlord or by other tenants or licensees of Landlord. Upon written notice from Landlord to Tenant of any such interference, Tenant shall immediately eliminate such interference. If such interference cannot be eliminated within five (5) business days following such notice, Tenant shall immediately remove the equipment or portion thereof causing such interference. 10. Utilities. Electricity used by Tenant in the Premises shall be by separate charge billed by the applicable utility company and payable directly by Tenant. Electrical service to the Premises may be furnished byone or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation and distribution charges. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for Landlord's Property and Premises, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by applicable law) for the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed fifty percent (50%) of any savings obtained by Landlord. (b) Tenant's use of electrical service shall not exceed, either in voltage, rated capacity or overall load that which Landlord deems to be standard for the Premises. If Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by applicable law), installation and maintenance costs shall be paid by Tenant. Landlord shall have the right to separately meter electrical usage for the Premises and to measure electrical usage by survey or other commonly accepted methods. (c) Tenant shall, at Tenant's' sole cost and expense, contract directly with the service providers for all utilities required for Tenant's operations other than electricity service. 11. Maintenance and Repairs. Tenant shall, at its sole cost and expense, maintain the Premises, the Permitted Equipment and all of Tenant's personal property and appurtenances in good condition and repair. Tenant shall also pay twenty five percent (25%) of the annual road maintenance costs anticipated to be approximately Twenty Thousand and 00/100 Dollars ($20,000.00). Prior to the effective termination of this Lease, Tenant shall remove all of the Permitted Equipment and Tenant's personal property and appurtenances (including cables and wires) from the Premises, and shall restore the Premises to the condition existing as of the Effective Date, reasonable wear and tear excepted. 12. Alterations. Tenant shall not make any alterations or additions to the Premises without Landlord's prior written consent; provided, however, that Tenant shall have the right to make minor alterations, additions, and/or substitutions of its equipment within the interior portion of the Premises on the condition that such alterations, modifications and/or substitutions shall not in any way affect the structural components of the Premises. 13. Access to Premises. Landlord may enter the Premises to inspect the same at any time. Tenant, its employees, agents and contractors shall have the right of access over and across Landlord's Property to the Premises from the public right-of-way twenty-four (24) hours per day, seven (7) days per week. Tenant hereby acknowledges and agrees that the Premises are shared in -common with other communications users and that such other parties, and their agents and contractors shall have shared access to the Premises. 14. Indemnification (a) Tenant shall indemnify, defend, protect and hold Landlord and each of the Landlord Related Parties (defined below) harmless from and against all liabilities, obligations, damages, penalties, claims, actions, costs, charges and expenses, including attorneys' fees and costs, arising from, out of or in connection with any (i) act or omission (including violations of Law) of Tenant or any of Tenant's transferees, agents, employees or contractors, whether occurring in the Premises, the Common Areas or elsewhere; and (ii) damage or injury occurring in, on or about the Premises or any part thereof. (b) Landlord and the Landlord Related Parties shall not be liable to Tenant (or any subtenant, assignee, licensee or invitee of Tenant) for, and Tenant (for itself and for its employees, agents and contractors) waives all claims for loss or damage for, any injury or damage that may result to any person or property by or from any cause whatsoever, and without limiting the generality of the foregoing, whether caused by (i) wind or weather; (ii) the failure of any sprinkler or HVAC equipment, any electric wiring or any gas, water or steam pipes; (iii) the backing up of any sewer pipe or downspout; (iv) the bursting, leaking or running of any tank, water closet, drain or other pipe; (v) water, snow or ice upon or coming through the roof, skylight, stairs, doorways, windows, walks or any other place upon or near the Building. Tenant shall insure against such' loss, injury or damage pursuant to Section 14. (c) "Landlord Related Parties" means the State of California, the Trustees of the California State University, San Diego State University, the campus of San Diego State University and their respective principals, trustees, beneficiaries, members, partners, shareholders, officers, directors, managers, employees, agents, contractors, volunteers, successors and assigns. 15. Default; Remedies. Tenant shall be in default under this Lease in the event that (a) Tenant fails to pay any amount due hereunder on the date that the same is due and does not cure such failure within three (3) business days following notice of such breach from Landlord; or (b) Tenant fails to observe or perform any obligation hereunder and does not cure such failure within fifteen (15) days following notice of such breach, or such longer period as may be required to diligently complete curative action commenced within such fifteen (15) day period. In the event of any such default, Landlord shall have all rights and remedies provided by law, including the right to immediately terminate this Lease. 16. Relocation of Permitted Equipment. In the event that Landlord desires to remodel, improve or otherwise alter the Premises so as to require the relocation of Tenant's Permitted Equipment, upon sixty (60) days prior notice to Tenant, Tenant agrees to cooperate with Landlord in designing a new location or locations for Tenant's Permitted Equipment. Although Landlord will cooperate with Tenant for the potential new Permitted Equipment location(s), no warranty is made by Landlord that the future design will continue to accommodate the needs of Tenant. 17. Taxes. Landlord shall pay any real property taxes and assessments attributable to the Premises. Tenant shall be solely responsible for any incremental increase to real property taxes assessed against Landlord's Property, which may arise out of the installation of Tenant's improvements on and within the Premises. Tenant shall reimburse Landlord for any such increased real property taxes within thirty (30) days after delivery of reasonable evidence thereof to Tenant from Landlord. Tenant shall pay before delinquency all taxes and assessments relating to any construction or alteration of the Premises by or at Tenant's direction, the improvements, equipment and personal property placed on the Premises and the use thereof. 18. Assignment and Subletting. Tenant may not assign this Lease or sublet any portion of the Premises. Notwithstanding the foregoing, however, Tenant may assign this Lease without Landlord's consent to any affiliate corporation, partnership or joint venture that controls Tenant, is controlled by Tenant or is under common control with Tenant, or to any entity that succeeds to all or substantially all of Tenant's assets by purchase or merger. 19. Attorneys' Fees. In the event of any legal action brought by either party against the other under this Lease, the prevailing party shall be entitled to recover all costs and expenses of such action, including reasonable attorneys' fees as determined by the court or arbitrator. 20. Choice of Law. This Lease shall be interpreted in accordance with the laws of the State of California, without reference to principle of conflicts of law. 21. Broker. Landlord and Tenant represent and warrant to each other than no brokers were involved in connection with the negotiation or consummation of this Lease. Each party agrees to indemnify the other, and hold it harmless, from and against any and all claims, damages, losses, expenses and liabilities (including reasonable attorneys' fees) incurred by said party as a result of a breach of this representation and warranty by the other party. 22. Entire Agreement. This Lease constitutes the entire agreement between the parties concerning the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No modification to the Lease shall be binding unless executed in writing by the parties. No waiver shall be binding unless executed in writing by the party making the waiver. 23. Notices. Any notice, demand or communication under this Lease which either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid registered or certified U.S. mail, or via recognized overnight courier service (e.g., Federal Express) or via telecopier (subject to electronic confirmation of delivery), addressed to the respective parties at the address set forth below. Personal service shall be deemed effective upon delivery; service by mail shall be deemed effective upon two (2) business days after deposit in the U.S. mail; service by overnight courier shall be deemed effective one (1) business day after deposit with such courier service; service by telecopier shall be deemed effective upon confirmation of receipt by the recipient. If to Landlord: If to Tenant: SDSU Research Foundation 5250 Campanile Drive 4th Floor San Diego, CA 92182-1999 619.594.0276 (Telephone) 619.583.5439 (Facsimile) Attention: Director of Facilities City of Temecula 41000 Main Street Temecula, CA 92590 951.694.6419 (Telephone) Aaron.adams@cityoftemecula.org Attention: City Manager 24. Severability. The invalidity of any provision of this Lease as determined by a court of competent jurisdiction shall in no way affect the validity of any of the other provisions hereof. 25. Successors and Assigns. All terms contained herein shall apply to and bind the heirs, successors, executors, administrators, assigns and subtenants of the parties hereto. 26. Time. Time is of the essence of this Lease. 27. Acceptance. The submission of this Lease to Tenant does not constitute an offer to lease. This Lease shall become effective only upon the execution and delivery thereof by both Landlord and Tenant. Landlord shall have no liability or obligation to Tenant by reason of Landlord's rejection of this Lease or a failure to execute, acknowledge and deliver same .to Tenant. IN WITNESS WHEREOF, Landlord and Tenant have executed this Communications Site Lease effective as of the Effective Date. Landlord: Tenant: SAN DIEGO STATE UNIVERSITY FOUNDATION, a California non-profit corporation doing business as San Diego State University Research Foundation By Norma E. Clark, Associate Executive Director Facilities Planning and Management Date: .51o2% h✓ CITY OF TEMEIg 1CULA 1r By Date: Aaron Adams, Interim City Manager DB EXHIBIT A Wog w tfgW z 0 w z w (rt Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: June 25, 2013 SUBJECT: Pantry Operation Services PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: 1. Provide staff direction to issue a Request for Proposal for pantry services; 2. Authorize the City Manager to terminate the lease with TEAM Evangelical Assistance Ministries of Rancho -Temecula. BACKGROUND: The City currently owns a 1,400 square foot facility that serves as a food pantry for the community which is located on Pujol Street. The City of Temecula entered into a License Agreement in 2007 with TEAM Evangelical Assistance Ministries of Rancho - Temecula for the use of real property for pantry services. In return, TEAM Evangelical Assistance Ministries has been providing the community with pantry services at no cost to the City. According to the California Employment Development Department (April 2013), Riverside County had an unemployment rate of 9.6% which is higher than the nation's unemployment rate of 7.5%. The unemployment rate in Temecula is at 6.5% percent (April 2013). The economy is improving, however, resources for many families are limited and it may be a challenge for individuals and families to stretch their dollars. More and more individuals and families are turning to food banks for assistance. At this time, the City is interested in re-evaluating current services and operations, taking into account other wrap-around services that can be considered at this location. Staff is recommending that the City Council authorize the City Manager to issue a Request for Proposals (RFP) for pantry services to be provided in the City's facility located on Pujol Street and authorization for the City Manager to terminate the License Agreement with TEAM Evangelical Assistance Ministries in order for the RFP to move forward. FISCAL IMPACT: None ATTACHMENTS: Request for Proposals: Pantry Operation Services ov T Gil( OF TEMECULA 1989 PALIFORNIA REQUEST FOR PROPOSALS PANTRY OPERATION SERVICES Filing Deadline: July 12, 2013 at 4:00 p.m. CITY OF TEMECULA Pantry Operation Services I. INTRODUCTION A. The City of Temecula, hereinafter referred to as the City, is requesting proposals (RFP) from firms or individuals to provide Pantry Operation services to the City. B. It is the intent of the City to award a one (1) year agreement with the option to renew for two (2) additional one (1) year terms. C. This solicitation must comply with the American Recovery and Reinvestment Act (ARRA) provisions. Please refer to Exhibit C. II. CITY PROFILE A. The City of Temecula is a dynamic community comprised of approximately 103,092 citizens of various cultural backgrounds. The City maintains 39 parks on 309 developed acres throughout the community, which provide recreation opportunities for both the citizens of Temecula, as well as surrounding communities. Contracted services provided through Riverside County include police and fire protection. The Temecula Valley Unified School District provides 34 schools for 28,671 students at the kindergarten through 12th grade levels within the City. The City of Temecula prides itself on its community focus and quality of life. III. SCOPE OF SERVICES A. The City currently owns a 1,400 sq. ft. facility, known as the Escallier House and Barn, that serves as a food pantry for the community. Located at 28922 Pujol Street, Temecula, CA 92590, the pantry is currently operated by a non-profit, charitable organization that extends a hand to those who need help with food and personal care items. Through donations from local businesses etc., in 2011 the pantry distributed boxes containing enough food for 37,000 meals and fresh bakery items for over 14,000 individuals. The City is requesting proposals from firms or individuals to provide pantry operation services for the City. The City will provide the use of the facility at $1 per year. The successful Proponent will collect and distribute items including (but not limited to) food, baby formula, diapers, toothpaste, soap, shampoo, razors, shaving cream, socks, jackets, sleeping bags, blankets, gift cards, etc. In addition, the successful Proponent will be responsible for proper staffing, inventory and inspection of goods, and the maintenance of the facility. The Proponent must demonstrate the proper professional customer service skills required to work with the individuals and families that utilize the pantry's services. Proponents that can provide additional "wrap-around" services through partnerships with other non -profits are preferred. Partnering with other non- profits in the community for similar services will be expected. IV. LOCAL VENDOR PREFERENCE PROGRAM - SERVICES A. It is the policy of the City to promote employment and business opportunities for local residents and firms on all contracts and give preference to local residents, CITY OF TEMECULA Pantry Operation Services workers, businesses, vendors, contractors, and consultants to the extent consistent with the law and interest of the public. B. The City of Temecula Local Vendor Preference is applicable to this Solicitation pursuant to Chapter 3.28 of the Temecula Municipal Code. A five percent (5%) preference will be given to Local Vendors in the determination for award of this contract. C. Qualified vendors, contractors, or consultants (Vendors) that desire consideration as a City of Temecula Local Vendor under this solicitation must complete the "Statement of Local Vendor Certification" (contained herein as Exhibit D) and submit it as part of their solicitation response. Late submittals of the Statement of Local Vendor Certification will not be considered. Submission of this statement will qualify the Vendor for treatment as a Local Vendor for purposes of this solicitation only. The statement made under this solicitation shall not qualify the Vendor as a Local Vendor under any other solicitation. V. PROPONENT INFORMATION A. RFP Proposal Timeline: The following is the City's tentative schedule for the selection of a Proponent: RFP Proponents Electronically Notified June 26th, 2013 Proponent Information Conference July 8th, 2013 at 2:00 p.m. Deadline for Submitting Questions July 10th, 2013 Deadline for Submitting Proposals July 25th, 2013 at 4:00 p.m. Panel Review of Proposals (Tentative) Week of July 29th Interview of Top Proponents Week of August 12th Notice of Intent to Award Sent to Proponents Week of Aug 19th Council Approval and Award (Tentative) September 10th, 2013 Begin Services (Tentative) November 1st, 2013 B. Proponent Information Conference: A non -mandatory Proponents Information Conference will be held at 28922 Pujol Street, Temecula, CA 92590, on July 8th, at 2:00 p.m. to explain service requirements and to answer questions regarding Scope of Services, completion of proposals, time frames, and the RFP process. C. Oral Interview: Those Proponents considered most qualified to provide the required services may be requested to participate in an oral interview at the City's discretion. Applicants will be notified in writing of the time and place for the interview. It is expected that key members of the engagement team (owner, partner, manager, senior personnel, and project manager) will be present for the presentation/interview process. Failure to appear for the oral interview will be cause to disqualify the firm from further consideration. VI. INSTRUCTIONS FOR SUBMISSION of PROPOSAL A. Registering as a Vendor: Proponents must be registered as a vendor with the City to download the RFP document(s) and to submit a proposal. If not already registered, Proponents may "Register As A Vendor" via the City's website: http://purchasinq.cityoftemecula.org. CITY OF TEMECULA Pantry Operation Services B. Documents must be uploaded in PDF format. It is the Proponent's responsibility to ensure their proposal documents are properly uploaded onto the City's online bid management system. Proposals that are missing pages, cannot be opened, etc. may be considered unresponsive. Hard copies submitted to the City, in lieu of an electronic copies uploaded onto the system, will not be accepted as a viable proposal. C. It is the Proponent's sole responsibility to contact the City's online bid management provider (PlanetBids at 818-992-1771) to resolve any technical issues related to electronic bidding, including (but riot limited to) registering as a vendor, updating passwords, updating profiles, uploading/downloading documents, submitting an electronic bid/proposal, etc. D. Submittal of Proposal and Fee Schedule: It is the responsibility of the candidate to ensure the proposal is delivered on time. Any proposal received after the deadline will be disqualified and will riot be considered. Proposals sent via facsimile will not be accepted. i. One (1) original and five (5) copies of the proposal, fee schedule, and Statement of Local Vendor Certification must be submitted in hardcopy format and in a sealed envelope marked "Pantry Operation Services" to the following address no later than July 12th, 2013 at 4:00 p.m.: Via U.S. Mail City of Temecula Attn: City Clerk P 0 Box 9033 Temecula, CA 92589-9033 Walk -In Delivery or Courier Service City of Temecula Attn: City Clerk 41000 Main Street Temecula, CA 92590 E. Examination of the Content of the RFP: By submitting a proposal, the Proponent represents that it has thoroughly examined and become familiar with the contents of the RFP and that it is capable of performing quality work to achieve the City objectives. The submission of a signed proposal shall be considered an agreement to all the terms, conditions, and specifications provided in the RFP. i. Sample Agreement: A sample Agreement is attached (Exhibit B) for the purpose of informing the proposer of the fixed, predetermined, standard contract provisions with which they will be required to comply. These provisions are subject to revision by the City at any time prior to the signing of the agreement. ii. Exceptions: If the Proponent suggests alternatives or states exceptions to any term or condition in the Agreement, or to any provision or recurrent of the RFP, such alternative or exception shall be clearly stated and identified in the submitted proposal. Otherwise, the successful Proponent will be expected to sign the Agreement upon award of the contract. Any alternative proposed must satisfy all minimum qualifications specified in the RFP. The City expressly reserves the right, in its sole discretion, to (1) reject a proposal containing any exception or alternatives as non -conforming, or (2) accept any proposal alternative or exception and to award a contract based there on if determined to be in the best interest of the City. CITY OF TEMECULA Pantry Operation Services iii. Proposal Signature: The proposal must be signed by an official authorized to bind the firm. iv. Questions: Any questions, interpretations, or clarifications about any portion of this RFP must be requested in writing (by the deadline indicated in the RFP Proposal Timeline) All written questions will be answered in writing and conveyed to all proposers in writing via PlanetBids. Oral explanations or instructions will not bind the City. F. Proposal Withdrawal: Proponent agrees that failure on its part to list all cost components related to the service will not be accepted by the City as an acceptable justification to re -quote the proposal. Proponent acknowledges that the original proposal and costs provided stand. However, Proponent has the option of withdrawing a proposal at any time until a final Contract is awarded. Any withdrawn proposals will not be considered for re -submittal. G. Proposal Content: i. Qualifications and Experience: Proponent shall — 1. Provide the number of years their firm has provided the services outlined in the RFP. 2. Provide the name of the principal or project manager in the firm who will have direct and continued responsibility for the project. This person will be the City staff contact on all matters dealing with the project and will handle the day-to-day activities through completion. 3. Provide a resume for all staff/employees assigned to the project (identified in this RFP) along with a clear indication of their responsibilities for this project. 4. Provide at least five (5) references that have purchased similar services from the Proponent. Proponent shall provide company name, contact name, and phone number for each reference. 5. Identify those services that will be outsourced to a sub -contractor. The Proponent will be responsible for verifying the experience, qualifications and validity of all licenses, permits, and copyrights for any outsourced work to sub -contractors. The Proponent is also responsible for paying its employees and any sub -contractors the Proponent hires. 6. Proponent shall identify, obtain, and provide any and all licenses, permits, clearances, reports, and documents required to complete the project and perform the services within required timelines. 7. Provide an outline of its business safety record. Proponent will be required to comply with all existing Federal, State, and CAL OSHA laws and requirements. 8. Provide a list any litigation, including personal and property, involving Proponent's firm in the last five (5) years. ii. Technical Approach and Timeline: Proponent shall provide a detailed written outline of their firms proposed approach and timeline to the project CITY OF TEMECULA Pantry Operation Services and the tasks the firm undertakes prior to and during the project to ensure its completion and success. iii. Statement of Local Vendor Certification: Qualified vendors, contractors , or consultants (Vendors) that desire consideration as a City of Temecula Local Vendor under this solicitation must complete the "Statement of Local Vendor Certification" (contained herein as Exhibit D) and submit it as part of their solicitation response. VII. SELECTION CRITERIA A. The City will establish a proposal Selection Panel whose members must have no conflict of interest with any Proponent. Individual Selection Panel members will review and evaluate the proposals and qualifications of all responsive Proponents. The Selection Panel may be comprised of City staff and/or other people with related expertise. B. The Selection Panel will consider the following factors (and other reasonable, objective, and accountable factors) which are listed here without implication of priority: i. Responsiveness: The Proponent's ability to effectively meet the Scope of Services and all the requirements stipulated in the RFP. ii. Qualifications and Experience: The Proponent's capability and qualifications to perform the Scope of Services and all the requirements stipulated in the RFP. iii. Technical Approach and Timeline: The Proponent's method to effectively provide the Scope of Services and all the requirements stipulated in the RFP within a reasonable timeline. iv. Price: The Proponent's ability to cost effectively meet the Scope of Services and all the requirements stipulated in the RFP. v. Local Vendor Preference: A five percent (5%) preference will be given to Local Vendors in the determination for award of this contract. C. Contract Award: A final Contract will be awarded to the best qualified individual or firm with the most comprehensive service delivery and competitive proposal. Although comprehensive service delivery is of prime consideration, it is not the sole determining factor. The City reserves the right to select the appropriate firm based on the most qualified proposal. i. The City reserves the right to accept or reject any or all responses and proposals received in response to this RFP, to waive minor irregularities, to negotiate with any qualified source, or cancel in whole or in part this RFP if it is in the best interest of the City to do so, and to take all proposals under advisement for a period of ninety (90) days. If a Contract cannot be negotiated the City reserves the right to negotiate with any other finalist. ii. Subsequent to contract negotiations, prospective Proponents may be required to submit revisions to their proposal. CITY OF TEMECULA Pantry Operation Services iii. This RFP does not commit the City to award a Contract, to pay any cost incurred in preparation of a proposal, or to procure or contract for supplies or services. iv. The City reserves the right to select a Proponent to perform all the work identified in the RFP, or only selected portions based on price and other factors. v. The City may, at its sole discretion, award the contract in whole, or in part, to one or more Proponents. vi. All companies submitting a proposal should note that the execution of any contract pursuant to this RFP is dependent upon the recommendation of the Selection Panel and may be subject to the approval of the City of Temecula City Council. D. Protest Procedures: Pursuant to Chapter 3.28.350 of the City of Temecula Municipal Code, any actual or prospective bidder, proposer, or contractor (collectively "bidder") who believes he or she has been aggrieved in connection with the solicitation or award of a contract pursuant to this Chapter may protest, in writing, to the Office of the City Clerk, within three (3) business days after posting of the award recommendation (posted as "Award Pending" via the City's online bid management system — PlanetBids) at the location where bids or proposals are submitted. The protest shall be deemed filed only when it is actually received by the Office of the City Clerk. Said bidder shall refer to Chapter 3.28.350 of the Temecula Municipal Code for detailed filing requirements. The City's municipal code can also be accessed online at: http://www. cityoftemecula.orgJTemecula/Government/CityClerk/MunicipalCode.htm VIII. CONDITIONS & LEGAL REQUIREMENTS A. Collusion: Any evidence of agreement or collusion among Proponents, acting illegally to restrain freedom of competition by agreement to propose a fixed price, or otherwise, will render the proposal of such Proponents void. B. City of Temecula Business License: The selected Proponent(s) agree to maintain a City of Temecula business license for the duration of the contract. C. Law Compliance: Selected Proponent is required to comply with all existing State and Federal labor laws. Selected Proponent is also responsible for complying with all OSHA and any other applicable standards and requirements. If Proponent out -sources any work or job to a sub -contractor, it will be the Proponent's responsibility to ensure that all sub -contractors meet the requirements as stated in this RFP and Contract award. D. Public Record: All submitted responses, proposals and information included therein shall become public record upon contract award. Proposals are not to be marked as confidential or proprietary. Regardless of any identification otherwise, including marking some or all of the pages as "confidential" or "proprietary," information in proposals shall become part of the public record and subject to disclosure without further notice to the Proponent. The City shall not in any way be liable or responsible for the disclosure of any such records. CITY OF TEMECULA Pantry Operation Services EXHIBIT B SAMPLE OF STANDARD AGREEMENT (Attached) CITY OF TEMECULA Pantry Operation Services EXHIBIT C American Recovery and Reinvestment Act (ARRA) provisions (Attached) CITY OF TEMECULA Pantry Operation Services EXHIBIT D STATEMENT OF LOCAL VENDOR CERTIFICATION Any Vendor claiming to be a Local Vendor, as defined under the Local Vendor Preference Program - Services section of this RFP shall so certify in writing to the City. The City shall not be required to verify the accuracy or any such certifications, and shall have sole discretion to determine if a Vendor meets the definition of "Local Vendor." "Local Vendor" means a vendor, contractor, or consultant who has a valid physical business address located within the boundaries of the City of Temecula, at least six months prior to bid or proposal opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis, and holds a valid business license issued by the City of Temecula and designates, for sales tax purposes, the City of Temecula as the point of sale for retail transactions within the City. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address. A business which has obtained City certification as a Local Vendor by reason of having furnished incorrect supporting information or by reason of having withheld information, and which knew or should have known, the information furnished was incorrect or the information withheld was relevant to its request for certification, and which by reason of such certification has been awarded a contract to which it would not otherwise have been entitled, shall: 1. Pay the City any difference within the contract amount and what the City's costs would have been if the contract had been properly awarded. 2. In addition to the amount described in sub section (i) above be assessed a penalty in an amount of not more than ten percent (10%) of the amount of the contract involved; and 3. Be ineligible to transact any business with the City for a period of not less than three (3) months and not more than twenty-four (24) months as determined in the sole discretion of the City Manager. The City Manager shall also have the right to terminate all or any part of any contract entered into with such person or business. CITY OF TEMECULA Pantry Operation Services STATEMENT OF LOCAL VENDOR CERTIFICATION Qualified Local Vendors desiring consideration under the City of Temecula Local Vendor Preference Program must complete the following and submit with their Proposal (print or type): (Individual Submitting Bid) (Title) of/for certify that (Company Name) (Company Name) is a City of Temecula Local Vendor as defined under the Local Vendor Preference Program - Services section of this solicitation (titled ) and therefore qualifies for the Local Vendor Preference. Signature Title Date NOTIFICATION OF OPPORTUNITY TO REDUCE BID The Local Vendor will be notified of his/her opportunity to reduce its bid under City of Temecula Local Vendor Preference. Local Vendor must elect to reduce its bid or quote to match the bid or quote of the lowest bidder, in writing, within one (1) business day (excluding weekends and holidays) of being notified of their status by the City. Notification to Vendor shall be considered complete upon City's transmission of e-mail (potentially through City's online bid management system) or Fax. The Local Vendor shall state his/her preferred method of notification below along with the appropriate e-mail address and Fax number. Notification by City will be limited to one of those two (2) methods. It will be the Local Vendor's responsibility to check his/her e-mail or Fax messages for notification. The Vendor's delay in receiving his/her notification will not alter the one (1) business day period allowed for re -bid submission. Local Vendor to Complete: Indicate ONE method for notification of Local Vendor re -bid by providing the appropriate e-mail address or Fax number. Submit this document as a part of your quotation. E -Mail: Fax Number (Identify Contact Person if Using a Fax Number): Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: June 25, 2013 SUBJECT: Agreement for Building Plan Review Services for Fiscal Year 2013-14 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: Approve an Agreement for Building Plan Review Services with Esgil Corporation in the amount of $100,000. BACKGROUND: The City of Temecula Building and Safety Division has utilized outside plan review consulting services since its inception to assist with the level and high volume 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. FISCAL IMPACT: Sufficient funds have been budgeted in the Building and Safety's 2013-14 budget line item 001.162.999.5248, Consulting Services. All consultant fees will be paid by applicants and deposited into the City's General Fund in accordance with the approved fee schedule. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND ESGIL CORPORATION PLAN REVIEW SERVICES THIS AGREEMENT is made and effective as of July 1, 2013, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Esgil Corporation, 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, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, 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 times 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 One Hundred Thousand Dollars ($100,000) 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 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 riot 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 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 Dollars ($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 projectilocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($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 Dollars ($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 ($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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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 mariner. 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 riot 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 riot 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 41000 Main Street Temecula, CA 92590 To Consultant: Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Dr., Suite 208 San Diego, CA 92123 14. ASSIGNMENT The Consultant shall riot 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 Ag ree me nt. 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 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: By: Michael S. Naggar, Mayor Kurt Culver, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Chuck Mendenhall, Vice -President Esgil Corporation Attn: Kurt Culver 9320 Chesapeake Dr., Ste. 208 San Diego, CA 92123 858-560-1468 Phone 858-560-1576 Fax PM Initials: D Q 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. 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. Item No. 13 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: June 25, 2013 SUBJECT: Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2013-14 PREPARED BY: Theresa Harris, Development Processing Coordinator RECOMMENDATION: Approve an Agreement with Blanca Y. Price to perform Landscape Plan Check and Inspection Services for Fiscal Year 2013-14 in the amount of $90,000. BACKGROUND: The Community Development Department's Planning Division has, for the past nineteen years, utilized the services of a landscape architectural firm to provide plan check and inspection services. The Planning Division 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. FISCAL IMPACT: Adequate funds have been included in the FY 2013-14 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. Fees will also be collected pursuant to the City's User Fee Schedule for staff processing. ATTACHMENTS: Agreement 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, 2013, 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, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, 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 times 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 Ninety Thousand Dollars ($90,000) 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 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 riot 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 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 Dollars ($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 projectilocation or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million Dollars ($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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency 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 Dollars ($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 ($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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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, Taws 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 riot 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 riot 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: To Consultant: 14. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Blanca Y. Price 39140 Del Sol Court Murrieta, CA 92562 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. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 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: By: Michael S. Naggar, Mayor Blanca Y. Price, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Blanca Y. Price 39140 Del Sol Court Murrieta, CA 92562 951-837-3432 Phone BlancaYPrice(a�gmail.com PM Initials: D g 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 Tess 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 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 the following exhibits. EXHIBIT B 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 $100.00 per sheet. Square Footage of Landscaping Flat Plan Check Fee 0 - 5,625 $720 5,625 - 22,500 $1,340 22,501 - 30,375 $1,650 30,376 - 37,125 $1,940 37,126 - 45,000 $2,270 45,001 - 56,250 $2,590 56,251 - 67,500 $2,920 67,501 - 78,750 $3,240 78,751 - 90,000 $3,560 90,000 & up $3,560 + .0075 for each s.f. above 90,001 s.f. Plan checks beyond the 3rd check $100/sheet Item No. 14 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 25, 2013 SUBJECT: Amendments to Annual Agreements for various services required by the Department of Public Works, Capital Improvements Projects (CIP) Division for Fiscal Year 2013-14 PREPARED BY: Amer Attar, Principal Engineer RECOMMENDATION: Approve the following Amendments to Annual Agreements in the amounts stated for Fiscal Year 2013-14 for routine services for various Department of Public Works, CIP Division needs. Appraisal Services California Property Specialists — Second Amendment $50,000 Epic Land Solutions, Inc. — Second Amendment $50,000 Geotechnical Services Construction Testing & Engineering, Inc. — Second Amendment $100,000 Converse Consultants — Second Amendment $100,000 Leighton Consulting, Inc. — Second Amendment $100,000 Title Services Chicago Title — Third Amendment $40,000 Engineering and Survey Services Harris & Associates, Inc. — Second Amendment $100,000 RBF Consulting, Inc. — Second Amendment $100,000 BACKGROUND: On July 1, 2010, the City entered into an agreement with Chicago Title for title and escrow services. On July 26, 2011, the City Council approved agreements with the other above listed firms to complete on-call services necessary to assist with delivering CIP projects. Needed services are identified and a scope and fee are requested from the appropriate Consultant. Consultants submit a scope and cost proposal for each service request and funds are allocated from the corresponding CIP project budget. Only approved CIP projects will utilize the services under these agreements, unless directed otherwise by the City Manager or City Council. The original agreements allow for term extensions. Agreement extensions will allow for continued services during Fiscal Year 2013-14. Each firm listed has responded in a timely manner when requested, provided an economical means of completing the necessary work and performed satisfactorily. Therefore, staff is recommending contract extensions for these vendors. FISCAL IMPACT: Adequate funds have been appropriated in the Department of Public Works, Capital Improvements Projects Division Fiscal Year 2013-14 budget. Individual service requests are funded by the various funding sources approved for each project. ATTACHMENTS: 1. Second Amendment with California Property Specialists, Inc. 2. Second Amendment with Epic Land Solutions, Inc. 3. Second Amendment with Construction Testing & Engineering, Inc. 4. Second Amendment with Converse Consultants 5. Second Amendment with Leighton Consulting, Inc. 6. Third Amendment with Chicago Title 7. Second Amendment with Harris & Associates, Inc. 8. Second Amendment with RBF Consulting, Inc. SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CALIFORNIA PROPERTY SPECIALISTS, INC. APPRAISAL SERVICES THIS SECOND AMENDMENT is made and entered into as of June 25, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and CALIFORNIA PROPERTY SPECIALISTS, 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. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Appraisal Services", in the amount of $50,000. b. On May 22, 2012, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Appraisal Services," to extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $50,000. c. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $50,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000), for additional Appraisal Services for a total Agreement amount of One Hundred Fifty Thousand Dollars and No Cents ($150,000). 4. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as "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, 1 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 and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CALIFORNIA PROPERTY SPECIALISTS, 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: Michael S. Naggar, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Kent Jorgensen, Chief Executive Officer Georgia Marquis, Secretary/Treasurer California Property Specialists, Inc. Attn: Kent Jorgensen, Chief Executive Officer 27782 Vista Del Lago, Suite C29 Mission Viejo, CA 92692 714-550-4628 714-200-0809 - Fax 3 PM Initials: n g Date: �/ ATTACHMENT A Attached hereto and incorporated herein is the additional associated cost as provided by the Consultant. Exhibit B — Payment Rates and Schedule CALIFORNIA PROPERTY SPECIALISTS, INC. City of Temecula 2013 Pricing Schedule Acquisition Services Task Rate per Case Position Hourly Rate Discounts _ Residential Acquisitions $2,500.00 10% discount over 10 cases. Commercial Acquisitions $3,500.00 10% discount over 10 cases. Difficult Commercial/Industrial Acquisitions $5,000.00 Based on level of difficulty. Tenant Acquisitions $1,750.00 $50.00 Land Only Acquisitions $2,100.00 Part -take Acquisitions $2,750.00 10% discount over 10 cases. Part -take Acquisitions (severance damage issues) $3,500.00 Relocation Services Task Fee HCD Plan (less then 10 interviews) $1,500.00 Replacement Housing Plan $750.00 Relocation Plan $1,500 + $75 per interview Residential Relocations $2,500.00 10% discount over 10 cases. Temporary Residential Relocations $2,000.00 10% discount over 10 cases. Common Commercial/Industrial Relocations $3,500.00 Complex relocation difficulty as approved - will be based on the level of by Agency. Industrial Relocations Property Management'74 $10,000.00 Fee " omrtients Rent Collections 5% of rent N/A Property Maintenance $75/per hour Rate apply to oversight work for maintenance issues addressed by CPS!. i.e. repairs ,..._, , ,..E.,..• Pass Thtu" Fee Range Legal Description and Plat Maps $1,000.00 $1,500.00 Real Property Appraisals Vacant Land $1,500.00 $2,500.00 Noncomplex residential $750.00 $1,500.00 Part -take Acquisitions (non-complex) $1,500.00 $2,500.00 Noncomplex commercial $2,000.00 $3,000.00 Complex commercial $3,500.00 $5,000.00 Noncomplex industrial $3,000.00 $4,000.00 Complex industrial $5,000.00 $7,500.00 Review Appraisals $500.00 $1,000.00 Furniture, Fixtures and Equipment Appraisals $1,250.00 $2,500.00 Goodwill appraisals (windshield valuation) $1,000.00 $1,500.00 Goodwill appraisals $5,000.00 $8,000.00 Asbestos Testing -Environmental $1,200.00 $2,500.00 Board -ups $500.00 Fencing Bid by linear foot Additional Services Not Included in Case Rate Position Hourly Rate Project Director $115.00 Acquisition Team Manager $105.00 Relocation Team Manager $105.00 Sr. Acquisition/Sr. Relocation Agent $95.00 Acquisition/Relocation Agent $90.00 Right of Way Technican $75.00 Administrative -Clerical $50.00 4 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND EPIC LAND SOLUTIONS, INC. APPRAISAL SERVICES THIS SECOND AMENDMENT is made and entered into as of June 25, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Epic Land Solutions, 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. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Appraisal Services", in the amount of $50,000. b. On May 22, 2012, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Appraisal Services," to extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $50,000. c. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $50,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000), for additional Appraisal Services for a total Agreement amount of One Hundred Fifty Thousand Dollars and No Cents ($150,000). 4. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as 1 "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 and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA EPIC LAND SOLUTIONS, 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: Michael S. Naggar, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Holly D. Rockwell, President James L. Overcamp, Jr., Secretary Epic Land Solutions, Inc. Attn: Holly D. Rockwell, President 3850 Vine Street, Suite 200 Riverside, CA 92507 951-321-1800 951-321-1836 - Fax 3 PM Initials: 1''1 B Date: 1/ ATTACHMENT A Attached hereto and incorporated herein is the additional associated cost as provided by the Consultant. Exhibit B — Payment Rates and Schedule Epic Land Solutions, Inc.!° Hourly Rate Schedule 2013 Personnel Project Role Hourly Rate Lynette Overcamp, SR/WA Principal in Charge $210 Karen Starr Project Manager $160 Gary Skow Utility Coordinator $155 Gary Peck Certified General Appraisal $190 Kim Bibolet Assistant Project Manager $135 Jacqueline Franks Senior Acq u isition/Relocation Agent $110 Rosie Metsker Acquisition & Relocation Agent $95 Darcy Mendoza Acquisition & Relocation Agent $90 Kari De La Cruz Acquisition & Relocation Agent $90 Curtis Bibalet Utility Agent $75 Linda Rodriguez Project Support $75 Other Direct Costs Description Rate Automobile Mileage IRS allowable Postage/Overnight Packages At Cost Online & Data Services At Cost Subconsultants or Contractors Cost + 10% The above schedule is subject to an annual escalation of 5%. The increases shall take effect on the 1s` anniversary of the contract and annual thereafter. Epic Land Solutions, Inc. regards in-house photocopying, first class postage, telephone, cellular and facsimile communication as charges inclusive in the hourly rates. In the event that Epic Land Solutions, Inc is required to perform services in relation to litigation arising out of any project of client, such services shall be subject to two times the hourly rates quoted above. 4 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CONSTRUCTION TESTING & ENGINEERING, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS SECOND AMENDMENT is made and entered into as of June 25, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Construction Testing & Engineering, 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. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services", in the amount of $100,000. b. On May 22, 2012, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services," to extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall riot exceed One Hundred Thousand Dollars and No Cents ($100,000), for additional Geotechnical and Material Testing Services for a total Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000). 4. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as 1 "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 and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CONSTRUCTION TESTING & ENGINEERING, 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: Michael S. Naggar, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Tom Gaeto, President Rodney Ballard, Vice President Construction Testing & Engineering, Inc. Attn: Tom Gaeto, President 14538 Meridian Parkway, Suite A Riverside, CA 92518 951-571-4081 951-571-4188 - Fax 3 PM Initials: Irl Q Date: �/ // ATTACHMENT A Attached hereto and incorporated herein is the additional associated cost as provided by the Consultant. Exhibit B - Payment Rates and Schedule June 6, 2013 CONSTRUCTION TESTING & ENGINEERING, INC. 1111 MONTIEL ROAD, SUITE 115 I ESCONDIDO, CA 91026 1110.111.19551 FAX 760.110.9001 City Of Temecula Department of Public Works 41000 Main Street Temecula CA 92589-9033 951-694-6444 SUBJECT: CTE FEE SCHEDULE FOR THE: RFP FOR ANNUAL AGREEMENT FOR GEOTECHNICAL AND MATERIAL TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS APPROVED FOR FY 2013-2014 Dear Qty of Temecula: Construction Testing and Engineering, Inc. (CTE) is pleased to present the attached proposal for the Annual Agreement for Geotechnical and Material Testing Services for the City's Public Works Dept. CTE intends to pertorm all services as specified within The City's Standard Professional Services Agreement in its present form, and will submit certified payrdls for the applicable trades. PROJECT BUDGET We request that while considering our proposal; please keep in mind that our rates include review and distribution of all reports. No additional charges for travel, mileage or administrative work will be added. CTE is small enough to be flexible to your needs yet large enough to provide quality services in a timely and efficient manner. CERTIFIED AND ACCREDITED CTE's construction material testing and special structural inspection capabilities indude field inspection and material testing required to be performed on most construction projects. CTE can pertorm California and Uniform Building Code, Federal, State, and local munidpality requirements for construction inspection and constriction materials quality testing. CTE employs a large staff of ICC -certified and Qty -certified inspectors for concrete, post -tension concrete, masonry, structural steel, fireproofing, building inspection, and mechanical, plumbing, and electrical inspection. Many whom live in Temecula. CTE is fully certified and accredited by all federal, state, and local regulatory agencies in California (including DSA) and Nevada who certify Construction Quality Assurance Inspection Agendes. These include the following: City of Temecula Construction Testing and Engineering Inc. 4 June 6, 2013 Fee Schedule State of California Division of the State Architect (DSA) • AASHTO / AMRL / CCRL • US Army Corps of Engineers • US Naval Facilities Engineering Command (NAVFAC) • CTE continues to maintain our inspection proficiency program with AMRL/CCRL and is an active participant in CCRL Proficiency Sampling Program DESIGNATED PRIMARY POINT OF CONTACT The Designated Primary Point of Contact is Tiffany Hilborn for the project she has a degree in Geology and over 10 years construction experience, or for normal dispatch needs please contact Bobby Kopet 760.746.7455 x2615. CTE will perform all services and will be available to the City 24 hours a day without the assistance of sub -consultants. CLOSING CTE has the necessary resources and technical knowledge to guarantee that the services required for your projects are provided within your budget, timetable and quality expectations. We thank you for the opportunity to submit our proposal and look forward to working with. Please contact us at (951) 571-4081 or (951) 552-5732 if you have any questions or if I may be of assistance to you. I can also be contacted via email at Tiffanvc cte-inc.net. Sincerely, CONSTRUCTION TESTING & ENGINEERING, INC. Tiffany Hilborn, Corporate Marketin Director 1441 Montiel Road, Suite 115 Escondido, CA 92026 PI 760.746.4955 F 1760.746.9806 CI 951.552.5732 City of Temecula 2 June 6, 2013 Construction Testing and Engineering, Inc. Fee Schedule 5 Tiffany Hilborn tiffany@cte-inc.net 951.552.5732 Materials Testing and Inspection Services: Fee Schedule Service Rate/Unit Reinforced Concrete Inspection ACI Concrete Technician PT Concrete Stressing Inspection Concrete Batch Plant Inspection Reinforced Masonry Inspection Field Weld/Bolting Inspection: Epoxy Bolt/Dowel Inspection: Nailing Inspection Registered Special Inspector - Field Welding Registered Special Inspector - Shop Welding Non -Destructive Testing Inspector - Field Non -Destructive Testing Inspector - Shop Registered Special Inspector - Welding Hand Rail Registered Special Inspector - Welding Stair Rail Shotcrete Inspection Fireproofing Inspection Shot -Pins Pull Out Testing: Ceiling Wre Hangar Pull Tests: Concrete Mix Design Review Sodium Sulfate Tests Reactivity Tests Base plate Grout Compression Testing Base plate Grout Inspection Grout Mix Design Review Concrete Compression Tests Masonry Unit Conformance Masonry Composite Prism Tests - 8"x 8"x 16" Masonry Coring - 1 Man Crew Masonry Core Compression Tests Masonry Shear Tests Mortar Compression Tests Grout Compression Tests Fireproofing Density Test Fireproofing Adhesion/Cohesion Test Sample & Tag Rebar Rebar Bend Test - # 11 Bar and Under Rebar Tensile Test - # 11 Bar and Under Sample Pickup Letter of Affidavit $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $80.00 $85.00 $85.00 $80.00 $80.00 $85.00 $80.00 $80.00 $80.00 $190.00 $70.00 $150.00 $20.00 $65.00 $190.00 $20.00 Quote $95.00 $97.00 $30.00 $60.00 $20.00 $20.00 $20.00 $68.00 $80.00 $35.00 $30.00 $30.00 $150.00 Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Hourly Each Each Each Each Each Each Each Each Each Hourly Each Each Each Each Each Each Hourly Each Each Each Each Geotechnical Testing Services: June 2013-2014 Service Rate/ Unit Soils Technician (Compaction Test - Fine Grading, Over -Ex) Soils Technician (Compaction Test - Trench / Wall Backfill) Soils Technician (Compaction Test - Pavement SG / Base) Asphaltic Paving Inspection Footing Inspection - Engineer/ Geologist Shoring Inspection Lab Maximum Density Test Expansion Index "R" Value Testing Sieve Analysis Compaction Reports Misc. Engineering Services Sr. Geologist Services Sr. Engineer Services $80.00 $80.00 $80.00 $80.00 $90.00 $90.00 $175.00 $120.00 $220.00 $50.00 Quote $90.00 $110.00 $120.00 Hourly Hourly Hourly Hourly Hourly Hourly Each Each Each Each Each Hourly Hourly Hourly We request that while considering our proposal; please keep in mind that our rates include review and distribution of all reports. No additional charges for travel mileage or administrative work will be added . We don't nickel and dim our clients with miscellaneous charges for things like "Nuclear Gauge rental" CTE is small enough to be flexible to your needs yet large enough to provide quality services in a timely and efficient manner. One way CTE has developed to save our clients money is to not use the industry billing standard of the 4 and 8 hour blocks of time, but to instead bill our clients for time on site rounding up to the hour, plus one hour. VVnile this may only save an hour here or there the savings does add up over time, thus making the most efficient use of your budget. GENERAL CONDITIONS: The above Fee Schedule is based on billing time -on site plus one hour using a five day work week; all overtime will be billed at 1.5 times regular rate. Same day cancellations or show up time be situations will be subject to the two-hour minimum charge. Please note that all inspector and technician rates will increase every July 1, commensurate with Local 12 document annual increase. Construction Testing Engineering, Inc. 6 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CONVERSE CONSULTANTS GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS SECOND AMENDMENT is made and entered into as of June 25, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Converse Consultants, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services", in the amount of $100,000. b. On May 22, 2012, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services," to extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall riot exceed One Hundred Thousand Dollars and No Cents ($100,000), for additional Geotechnical and Material Testing Services for a total Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000). 4. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as 1 "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 and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CONVERSE CONSULTANTS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Hashmi Quazi, President Pamela Keith, Secretary Converse Consultants Attn: Hashmi Quazi, President 40810 County Center, Suite 100 Temecula, CA 92591 951-296-9691 951-676-7240 - Fax 3 PM Initials: r) 8 Date: 1/ ATTACHMENT A Attached hereto and incorporated herein is the additional associated cost as provided by the Consultant. Exhibit B - Payment Rates and Schedule CONVERSE CONSULTANTS Schedule of Fees Geotechnical Laboratory Testing Compensation for laboratory testing services will be made in accordance with this fee schedule. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non -contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project. IDENTIFICATION AND INDEX PROPERTIES TESTS Visual Classification, ASTM D2488 8.00 Engineering Classification, ASTM D2487 15.00 Moisture Content • Moisture Content & Dry (Bulk) Density, ASTM D2216 & D2937 15.00 • Moisture Content, ASTM D2216 10.00 Shrinkage Limit, ASTM D427 85.00 Atterberg Limits, ASTM D4318 • Several points 85.00 • One point 40.00 Particle Size Analysis, ASTM D422 Coarse or Fine Sieve (From 3 in to #4 or -#200 to #4)85.00 Coarse and Fine Sieve (From -#200 to 3 in) 140.00 - Hydrometer 85.00 Percent Passing #200 Sieve, ASTM D1140 45.00 Specific Gravity • Fine (passing #4 sieve), ASTM D854 80.00 • Coarse (retained on #4 sieve), ASTM C127 80.00 Sand Equivalent Test 85.00 Double Hydrometer Dispersion, ASTM D4221 150.00 COMPACTION AND BEARING STRENGTH Standard Proctor Compaction, ASTM D698 or ASTM D1557-91 • Method A or B 120.00 • Method C (6 -inch mold) 130.00 California Impact Method (Caltrans 216) 200.00 R -value, ASTM D2844 250.00 California Bearing Ratio (CBR), ASTM D1883 • 1 point 125.00 • 3 point 325.00 Relative Density • 0.1 cubic foot mold 200.00 • 0.5 cubic foot mold 300.00 SHEAR STRENGTH Torvane/Pocket Penetrometer 20.00 Direct Shear (per point) • Quick Test 60.00 • Consolidated - Drained (granular soil) ASTM D3080 150.00 • Consolidated - Drained (fine grained soil), ASTM D3080 220.00 • Consolidated - Undrained (fine grained) 150.00 • Residual Strength, per Cycle 65.00 • Remolded Specimens, per specimen 55.00 STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS (PER POINT) Unconfined Compression, ASTM 2166 85.00 Unconsolidated - Undrained, ASTM D2850 150.00 Consolidated - Undrained (per point) 850.00 Consolidated - Drained (per point) 850.00 With Pore Pressure Measurement, per load 180.00 Remolded Specimens, per specimen 55.00 Converse Consultants GLT2013 4 CONSOLIDATION AND SWELL COLLAPSE TESTS 8 Load Increments 200.00 Additional load increment 45.00 Time -Ratio, per load increment 80.00 Single Point (collapse test) 80.00 Single Load Swell, ASTM D4546 • Ring Sample, Field Moisture 85.00 • Ring Sample, Air Dried 85.00 Remolded Sample, per specimen 55.00 Expansion Index Test, UBC 29-2/ASTM D4829 80.00 HYDRAULIC CONDUCTIVITY TESTS Constant Head, ASTM D2434 300.00 Falling Head Flexible Wall, ASTM D5084 350.00 Triaxial Permeability, EPA 9100 350.00 Remolded Specimen, per specimen 55.00 CHEMICAL TESTS Corrosively (pH, resistivity, sulfates, chlorides) 190.00 Organic Content, ASTM D2974 65.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, sail cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through January 31, 2014. Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts -per -million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective dothing will be required during handing of samples (as defined in the Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories. Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing, in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law. Test results requiring plots will be presented in a publishable format generated from canputer programs. Otherwise, mw test numbers will be presented. A minimum laboratory fee of$50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc). Geotechnical testing does not include engineering and/or geologic review and analysis. Typical turn -around for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test tum -around to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with the ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed drect shear, consolidation or expansion pressure tests are based on the assumption that 22 -inch -diameter (2.416 -inch inside diameter) brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5 -inch outside dameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse. Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts. CONVERSE CONSULTANTS Schedule of Fees Materials Testing Services Compensation for laboratory testing services will be based on rates in accordance with this schedule. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through January 31, 2014. AGGREGATES Moisture Content (ASTM D2216) $10.00 Particle Size Analysis • Coarse (ASTM C136), each 60.00 • Coarse and fine (ASTM C136 & 137), each 140.00 • Specific Gravity & Absorption • Coarse Aggregate (ASTM C127) 85.00 • Fine Aggregate (ASTM C128) 85.00 • Unit weight per cubic foot (ASTM C29) 50.00 • Soundness -Sodium or Magnesium (ASTM C88),each ...200.00 • Potential Alkali Reactivity (ASTM D289) 300.00 • Freeze Thaw Soundness 175.00 • Los Angeles Abrasion, per class (ASTM C131, C535) 210.00 • Sand Equivalent (ASTM D2419) 85.00 • Lightweight Particles (ASTM C123), each 85.00 • Clay Lumps and Friable Particles (ASTM C142), each...100.00 • Stripping test (ASTM D1664), each 85.00 • Organic impurities (ASTM C40) 85.00 • Durability By Quote CONCRETE TESTS Laboratory Trial Batch (ASTM C192) By Quote Laboratory Mix Design, historical data By Quote Compression Test, 6"x 12" cylinder (ASTM C39), each 24.00 Light VVeight Concrete • Compression 24.00 • Unit VVeight 24.00 Specimen preparation, trimming or coring, each 45.00 Bond Strength (ASTM C321) • Prepared by Converse 120.00 • Prepared by Others 60.00 Core Compression Test (ASTM C12), each 45.00 Flexure test, 6"x 6" beams (ASTM C78), each 60.00 Modulus of Elasticity - Static (ASTM C469), each 110.00 Length Change (3 bars, 5 readings each, up to 26 days) (ASTM C157) 250.00 Splitting Tensile, 6" x 12" cylinders, each 60.00 Field Concrete Control (sampling, slump, temperature, cast 4 cylinders, molds, cylinder pick-up, within 10 mi. of office, stand-by extra) ASTM/UBC, hourly rate schedule, or each set 170.00 Field Concrete Control (same as above plus air content test) ASTM/UBC, hourly rate schedule, or each set 180.00 Hold Cylinder 7.00 Cylinder Mold sent to job site but not casted by Converse or returned to Converse 7.00 MASONRY (ASTM C140, E447, UBC STANDARD 24-22) Moisture Content, as received, each 20.00 Absorption, each 50.00 Compression, each 50.00 Shrinkage (ASTM C426), each 150.00 Net Area and Volume, each 25.00 Masonry Blocks, per set of 9 450.00 Masonry Core Compression, each 45.00 Masonry Core Shear, each 50.00 Masonry Core Trimming, each 45.00 Compression Test, grouted prisms, 8"x8"x16",each 110.00 Compression Test, grouted prisms, 12" x 16" x 16", each 140.00 Compression Test • 2" x 4" Mortar Cylinder, each 24.00 • 3" x 6" Grout Prisms, each 24.00 • 2" Cubes (ASTM C109), each 24.00 Cast by others 24.00 Mortar or Grout Mix Designs By Quote FIREPROOFING TESTS Oven Dry Density (per sample) 55.00 MOISTURE EMISSION TEST Moisture Emission Test Kit 40.00 ASPHALTIC CONCRETE Stability, Flow, and Unit VVeight, ASTM D6927 150.00 Marshall ASTM D1559, ASTM D2726 150.00 Measured Maximum Specific Gravity of Mix (ASTM D2041) (Rice Method), each 75.00 Void Analysis of Cores or Marshall Specimens Calculations Only (ASTM D3203) set of 2 or 3 35.00 Laboratory Mixing of Asphalt & Concrete, per sample 50.00 Complete Asphalt Concrete Mix Design (Hveem or Marshall) By Quote Extraction of Asphalt and Gradation (ASTM D2172, Method B) Or California 310, including ash correction, each 150.00 Extraction of Rubberized Asphalt and Gradation, each 170.00 Specific Gravity (ASTM D2726 or ASTM D1188) • uncoated 85.00 • coated 95.00 Immersion -Compression 400.00 Particle coating (ASTM 2489) 45.00 Stripping (ASTM D1664) 50.00 Moisture or Volatile Distillates in paving mixtures, or materials containing petroleum products or byproducts 120.00 Retained Strength (ASTM DI074/D1075) 6 specimens By Quote Retained Stability, Mil, Std, 520A, Method 104, 6 specimens By Quote CBR, ASTM D1883, including M/D curve, 1 point 210.00 Asphalt Temperature 15.00 STRUCTURAL STEEL Tensile Test, #9 Bar or Smaller, each 45.00 Bend Test, #9 Bar or Smaller, each 40.00 Tensile Test, #10 or #14 Bar, each 250.00 Tensile Test, #18 Bar, each 350.00 Rebar coupler tensile test 85.00 Tensile Test, VVelded #9 Bar or Smaller, each 60.00 Tensile Test, VVelded #10 Bar or larger, each 250.00 Tensile Test, VVelded #18 Bar, each 350.00 Tensile Test, Mechanically Spliced Bar, #9 Bar or Smaller, each 180.00 Tensile Test, Mechanically Spliced Bar, #10 or larger, each 350.00 HIGH STRENGTH BOLT, NUT, AND WASHER TESTING VVedge Tensile Test for A490 Bolts Under 100,000 lbs, each 55.00 Over 100,000 lbs, each 65.00 VVedge Tensile Test for A325 Bolts Under 100,000 lbs, each 60.00 Converse Consultants MTS 2013 Page 1 of 2 (See Reverse) 5 HIGH STRENGTH BOLT, NUT, AND WASHER TESTING, continued Tensile Test — Anchor Bolts, tested with displacement transducers, each 300.00 Nut - Hardness, Proof, and Cone Proof Load Test, each 70.00 Washer- Hardness, each 40.00 A325 or A490 — Bolt hardness only, each 65.00 Bolt A325 or A490 Wedge Tensile Under 100,000 lbs, and Hardness, each 90.00 VVedge Tensile Over 100,000 lbs, and Hardness, each ....110.00 Bolt, Nut, and Washer - All Tests per set with bolts Under 100,000 lbs 280.00 Over 100,000 lbs 380.00 NOTES: (1) See Geotechnical Laboratory Testing Schedule of Fees for soil testing. (2) Hourly rates are available upon request. (3) Field laboratory rates are available upon request. (4) Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse. Converse Consultants MTS2013 Page 2 oft 6 CONVERSE CONSULTANTS Schedule of Fees Personnel Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through January 31,2014. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services Construction Inspector — ACl/ICC and/or AWS/CWI certified (concrete, post -tension, masonry, structural steel, fireproofing, includes concrete batch plant and local steel fabrication inspections) $72 Non -Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant) 80 Construction Inspector/Technician (skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) 80 Coring Technician (including machine and power generator) 85 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) 65 Senior Soils Technician 68 Sample Pick-up 50 Professional Services (Field and Office) Staff Professional $85 Senior Staff Professional 90 Project Professional 115 Project Manager 135 Senior Professional 135 Principal Professional 160 Principals/Consultants 180 Laboratory Testing Laboratory Technician $65 (Unit prices for routine tests quoted upon request; see Geotechnical Laboratory Testing and Materials Testing Services Schedules of Fees) Office Support Clerical/VVord Processing $60 Drafting 65 CAD Operator/Drafting Manager 70 An overtime charge of 50 percent of the above hourly rates (excluding Professional Services) will be added for time in excess of eight hours per day and for all time on Saturdays, Sundays and holidays. An overtime charge of 100 percent of the above hourly rates (excluding Professional Services) will be charged on Sunday if hours worked was seven continuous eight hours per day in one work week, not counting vacation or sick leave within the week. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent. 3 Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at a rate of fifty-five cents per mile for company- owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, outside printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and is past -due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office. Converse Consultants P2013 7 CONVERSE CONSULTANTS Prevailing Wage Schedule of Fees Personnel Introduction It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through January 31, 2014. Hourly Charges for Personnel Staff assignments will depend on personnel availability, job complexity, project site location and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care. Field Technical Services Construction Inspector — ACl/ICC and/or AWS/CWI certified (concrete, post -tension, masonry, structural steel, fireproofing, includes concrete batch plant and local steel fabrication inspections) $85 DSA Masonry Inspector 85 Non -Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant) 90 Construction Inspector/Technician (skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) 90 Coring Technician (including machine and power generator) 100 Soils Technician (soil, base, asphalt concrete, and moisture emission testing) 90 Supervisory Soils Technician 95 Sample Pick-up 50 Professional Services (Field and Office) Staff Professional $85 Senior Staff Professional 90 Project Professional 115 Project Manager 135 Senior Professional 135 Principal Professional 160 Laboratory Testing Laboratory Technician $65 (Unit prices for routine tests quoted upon request; see Geotechnical Laboratory Testing and Materials Testing Services Schedules of Fees) Office Support Clerical/VVord Processing $60 Drafting 65 CAD Operator/Drafting Manager 70 Overtime and special shift rates for Field Technical Services personnel are determined in accordance with Prevailing Wage law. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel. Expenses 1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent. 2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent. 3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at a rate of fifty-five cents per mile for company- owned vehicles traveling between principal office and project. 4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, bonds, outside printing services, tests, etc.) are charged at cost plus fifteen percent. Invoices 1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services. 2. Payment is due upon presentation of invoice and is past -due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received. Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due. 3. Client shall pay attorneys' fees or other costs incurred in collecting any delinquent amount. General Conditions The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office. Converse Consultants PW2013 8 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND LEIGHTON CONSULTING, INC. GEOTECHNICAL AND MATERIAL TESTING SERVICES THIS SECOND AMENDMENT is made and entered into as of June 25, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Leighton Consulting, 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. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services", in the amount of $100,000. b. On May 22, 2012, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Geotechnical and Material Testing Services," to extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall riot exceed One Hundred Thousand Dollars and No Cents ($100,000), for additional Geotechnical and Material Testing Services for a total Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000). 4. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as 1 "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 and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA LEIGHTON CONSULTING, 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: Michael S. Naggar, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Thomas C. Benson, President/CEO Terrance M. Brennan, CFO Leighton Consulting, Inc. Attn: Thomas C. Benson, President/CEO 41715 Enterprise Circle N., Suite 103 Temecula, CA 92590-5626 951-296-0530 951-296-0534 - Fax 3 PM Initials: n R Date: 1/ v ATTACHMENT A Attached hereto and incorporated herein is the additional associated cost as provided by the Consultant. Leighton Exhibit B — Payment Rates and Schedule 2013 PROFESSIONAL FEE SCHEDULE CLASSIFICATION Project Administrator /Word Processor Dispatcher Technician I Technician II / Special Inspector Senior Technician / Inspector Information Specialist Prevailing Wage (Building I Construction Inspector) * Prevailing Wage (Field Soils Tester) System Operation & Maintenance Specialist CAD Operator *See Prevailing Wages in Terms and Conditions $/HR 72 72 77 81 86 99 104 104 104 104 CLASSIFICATION Deputy Grading Inspector Field/Laboratory Supervisor GIS Specialist Staff Engineer/Geologist/Scientist Senior Staff Engineer/Geologist/Scientist Operations/Laboratory Manager Project Engineer/Geologist/Scientist Senior Project Engineer/Geologist/Scientist Associate Principal Senior Principal $IHR 108 117 117 117 131 149 149 171 189 203 243 GEOTECHNICAL LABORATORY TESTING METHOD $/TEST CLASSIFICATION & INDEX PROPERTIES Moisture Content (ASTM D 2216) Moisture & Density (ASTM D 2937) ring samples Moisture & Density (ASTM D 2937) Shelby tube or cutting Atterberg Limits (ASTM D 4318) 3 points: - single point, non -plastic - Atterberg Limits (Organic ASTM D 2487 / 4318) - Visual classification as non -plastic (ASTM D 2488) Particle Size - sieve only 1 %" to #200, (ASTM D 6913/CTM 202) - large sieve - 6" to #200 (ASTM D 6913/CTM 202) - hydrometer only (ASTM D 422) - sieve + hydrometer (S3" sieve, ASTM D 422) Dispersive Characteristics of Clay Soil (double hydrometer, ASTM D 4221) Specific Gravity -fine (passing #4, ASTM D 854/CTM 207) Specific Gravity -coarse (ASTM C 127/CTM 206) > #4 retained - Total Porosity - on Shelby tube sample (calculated from density & specific gravity) - Total Porosity - on other sample Photograph of sample Shrinkage Limits (Wax Method, ASTM D 4943) Pinhole Dispersion (ASTM D 4647) Percent Passing #200 Sieve, wash only (ASTM D 1140) As -Received Moisture & Density (chunk/carved samples) Sand Equivalent (ASTM D 2419/CTM 217) COMPACTION & PAVEMENT SUBGRADE TESTS Relative Compaction of Untreated & Treated Soils & Aggregates (CTM 216) Relative Density (0.1 ft' mold, ASTM D 4253, D 4254) California Bearing Ratio (ASTM D 1883) - 3 point - 1 point R -Value (CTM 301) Untreated R -Value (CTM 301) Lime or cement treated soils Standard Proctor Compaction, (ASTM D 698) 4 points: - 4 inch diameter mold (Methods A & B) - 6 inch diameter mold (Method C) $20 30 40 150 85 180 10 METHOD Modified Proctor Compaction (ASTM D 1557) 4 points - 4 inch diameter mold (Methods A & B) - 6 inch diameter mold (Method C) Check Point (per point) SOIL CHEMISTRY & CORROSIVITY pH Method A (ASTM 4972 or CTM 643) Electrical Resistivity — single point — in-situ moisture Minimum Resistivity 3 moisture content points (ASTM G 187/CTM 643) 135 pH + Minimum Resistivity (CTM 643) 175 Sulfate Content - Gravimetric (CTM 417 B Part II) 110 Sulfate Screen (HACH kit) 185 Chloride Content (AASHTO T291/CTM 422) 90. Corrosion Suite: minimum resistivity, sulfate, chloride, pH (CTM 643) Organic Matter Content (ASTM 2974) SHEAR STRENGTH Pocket Penetrometer Direct Shear (ASTM D 3080, mod., 3 points) - Consolidated Undrained - 0.05 inch/min (CU) - Consolidated Drained - <0.05 inch/min (CD) Residual Shear EM 1110-2-1906-IXA (price per each additional pass after shear) Remolding or hand trimming of specimens (3 points) Oriented or block hand trimming (per hour) Single Point Shear Torsional Shear (ASTM D 6467 / ASTM D 7608) CONSOLIDATION & EXPANSION/SWELL TESTS Consolidation (ASTM D 2435) - Each additional time curve - Each additional load/unload w/o time reading 500 Expansion Index (ASTM D 4829) 185 Swell/Collapse — Method A (ASTM D 4546-A, up to 310 10 load/unloads w/o time curves) 340 Single Load Swell/Collapse - Method B (ASTM D 4546-B, seat, load & inundate only) 125 100 165 155 10 126 210 70 60 105 250 235 180 215 $/TEST 220 245 65 45 45 90 130 70 30 70 245 65 15 285 345 50 90 65 105 820 195 45 40 130 290 105 2013 R5:23-10 PAGE 1 OF 4 WNVV. leig htong rou p. com 4 METHOD TRIAXIAL TESTS Unconfined Compression Strength of Cohesive Soil (with stress/strain plot, ASTM D 2166) Unconsolidated Undrained Triaxial Compression Test on Cohesive Soils (USACE Q test, ASTM D 2850, per confining stress) Consolidated Undrained Triaxial Compression Test for Cohesive Soils, (ASTM D 4767, CU, USACE R -bar test) with back pressure saturation & pore water pressure measurement (per confining stress) Consolidated Drained Triaxial Compression Test (CD, USACE S test, with volume change measurement. Price per soil type below EM 1110-2-1906(X): - Sand or silty sand soils (per confining stress) - Silt or clayey sand soils (per confining stress) - Clay soils (per confining stress) - Three-stage triaxial (sand or silty sand soils) - Three-stage triaxial (silt or clayey sand soils) - Three-stage triaxial (clay soils) Remolding of Test Specimens Leighton 1 Fee Schedule $/TEST METHOD $/TEST HYDRAULIC CONDUCTIVITY TESTS 135 Triaxial Permeability in Flexible -Wall Permeameter with 310 backpressure saturation at one effective stress (EPA 170 9100/ASTM D 5084, falling head Method C) - Each additional effective stress 120 - Hand trimming of soil samples for horizontal K 60 375 Remolding of Test Specimens 65 Permeability of Granular Soils (ASTM D 2434) 135 SOIL -CEMENT Moisture -Density curve for Soil -Cement Mixtures 240 (ASTM D 558) Wet -Dry Durability of Soil -Cement Mixtures 1,205 (ASTM D 559) ' Compressive Strength of Molded Soil -Cement Cylinders 60 (ASTM D 1633) per cylinder' Soil -Cement Remolded Specimen (for shear strength, 235 consolidation, etc.)' ' Compaction (ASTM D 558maximum density) should also be performed - not included in above price 375 500 705 655 875 1,235 65 CONSTRUCTION MATERIALS LABORATORY TESTING TECHNICIAN SERVICES $/UNIT Pick-up & Delivery - (weekdays, per trip, <50 mile radius 85 from Leighton office) METHOD $/TEST CONCRETE STRENGTH CHARACTERISTICS Concrete Cylinders Compression (ASTM C 39) (6" x 12") 25 Compression, Concrete or Masonry Cores (testing only) 40 <<-6" diameter (ASTM C 42) Trimming concrete cores (per core) 20 Flexural Strength of Concrete (Simple Beam with 3rd pt. 85 Loading, ASTM C 78/CTM 523) Flexural Strength of Concrete (simple beam w/ center 85 point loading, ASTM 293/CTM 523) Non Shrink Grout Cubes (2"3, ASTM C 109/C 1107) 25 Drying Shrinkage (four readings, up to 90 days, 3 bars, 400 ASTM C 157) ASPHALT CONCRETE (HMA) Extraction by Ignition Oven, percent asphalt 150 (ASTM D 6307/CTM 382). Extraction by Centrifuge, percent asphalt (ASTM D 2172) 150 Gradation of Extracted Aggregate 135 (ASTM D 5444/CTM 202) Stabilometer Value (CTM 366) 265 Bituminous Mixture Preparation (CTM 304) 80 Moisture Content of Asphalt (CTM 370) 60 Bulk Specific Gravity - Molded Specimen or Cores 55 (ASTM D 1188/CTM 308) Maximum Density - Hveem (CTM 308) 200 Theoretical Maximum Density and Specific Gravity 130 of HMA (CTM 309) Ignition Oven Correction/Correlation Values quote Thickness or Height of Compacted Bituminous Paving 40 Mixture Specimens (ASTM 3549) Rubberized Asphalt (add to above rates) +25% METHOD AGGREGATE PROPERTIES Sieve Analysis (fine & coarse aggregate, ASTM C 136/ CTM 202) with (finer than #200, Wash, ASTM C117) LA Rattler -smaller coarse aggregate <1.5" (ASTM C 131) LA Rattler -larger coarse aggregate 1-3" (ASTM C 535) Durability Index (CTM 229) Cleanness Value of Coarse Aggregate (CTM 227) Unit Weight of Aggregate (CTM 212) Soundness Magnesium (ASTM C 88) Soundness Sodium Uncompacted Void Content -fine aggregate (CTM 234) Flat & Elongated Particles in Coarse Aggregate (CTM 235) Percent of Crushed Particles (CTM 205) Organic Impurities in Concrete Sand (CTM 213) Specific Gravity - coarse aggregate (CTM 206) Specific Gravity - fine aggregate(CTM 207) Apparent Specific Gravity of Fine Aggregate (CTM 208) Moisture Content of Aggregates by Oven Drying (CTM 226) Clay Lumps, Friable Particles (ASTM C 142) 175 MASONRY Mortar Cylinders (2" by 4", ASTM C 780) Grout Prisms (3" by 6", ASTM C 1019) Masonry Cores Compression, <-6" diameter (testing only, ASTM C 42) CMU Compression to size 8" x 8" x 16" (3 required, 45 ASTM C 140) CMU Moisture Content, Absorption & Unit Weight (6 40 required, ASTM C 140) CMU Linear Drying Shrinkage (ASTM C 426) CMU Grouted Prisms (compression test <-8" x 8" x 16", ASTM E 447 C 1314) CMU Grouted Prisms (compression test > 8" x 8" x 16", 250 ASTM E 447 C 1314) Masonry Core -Shear, Title 24 (test only) 70 $/TEST 135 200 250 200 210 50 225 650 130 215 135 60 100 125 130 40 25 25 40 175 180 2013R5:23 -1O PAGE 2 OF 4 www.leightongroup.com 5 METHOD $/TEST BRICK Compression (5 required, cost for each, ASTM C 67) 40 SLAB -ON -GRADE MOISTURE EMISSION KIT Moisture Test Kit (excludes labor to perform test, 60 ASTM E 1907) REINFORCING STEEL Rebar Tensile Test, Up to No. 10 (ASTM A 370) Rebar Tensile Test, No. 11 & over (ASTM A 370) Rebar Bend Test, Up to No. 11 (ASTM A 370) 45 100 45 Leighton 1 Fee Schedule METHOD STEEL Tensile Strength, 5100,000 pounds axial load (ASTM A 370) Prestressing Wire, Tension (ASTM A 416) Sample Preparation (cutting) SPRAY APPLIED FIREPROOFING Unit Weight (Density, ASTM E 605) $/TEST 45 150 50 60 1/4" Grab Plates 1/4" Tubing (bonded) 1/4" Tubing (single) 3/8" Tubing, clear vinyl 4 -Gas Meter (RKI Eagle or Similar) Air Flow Meter and Purge Pump (200 cc/min) Box. of 10 soil drive -sample rings Brass Sample Tubes Caution Tape (1000 -foot roll) Combination Lock or Padlock Compressed air tank and regulator Concrete coring machine (6-inch-dia) Consumables (gloves, rope, soap, tape, etc.) Core Sample Boxes Crack monitor Cutoff Saws, reciprocating, electric (Saws All) Disposable Bailers Disposable Bladders Dissolved Oxygen Meter DOT 55 -gallon containment drum with lid Double -ring Infiltrometer Dual -Stage Interface Probe Field Vehicle Usage GEM 2000 Generator, portable gasoline fueled, 3,500 watts Global Positioning System (GPS) Hand Auger Set HDPE Safety Fence Horiba U-51 Water Quality Meter In -Situ Level Troll 500 (each) In -Situ Troll 9500 low flow water sampling equipment EQUIPMENT, SUPPLIES & MATERIALS $/UNIT 5 ea 0.55 foot 0.35 foot 0.55 foot 120 day 50 day 25 day 10 each 20 each 11 each 50 day 150 day 35 day 11 each 25 each 75 day 12 each 10 each 45 day 65 each 125 day 80 day 17 hour 130 day 90 day 80 90 40 135 90 150 day day roll day day day Lockable Equipment Box Magnahelic Gauge Manometer Mileage Nitrile Gloves Nuclear Moisture and Density Gauge Pachometer pH/Conductivity/Temperature Meter Photo -Ionization Detector (PID) Pump, Typhoon 2 or 4 stage QED Bladder Pump w/QED control box Resistivity Field Meter & Pins Service Vehicle Usage Slip / Threaded Cap, 2 -inch or 4 -inch diameter, PVC Schedule 40 Slope Inclinometer Soil Sampling T -handle (Encore) Soil Sampling Tripod Stainless Steel Bailer Submersible Pump, 10 gpm, high powered Grunfos 2 -inch with controller Submersible Sump/Transfer Pump, 10-25 gpm Survey/Fence Stakes Tedlar® Bags Traffic Cones (25)/Barricades (single lane) Turbidity Meter Tyvek® Suit (each) Vapor Sampling Box VelociCalc Visqueen (20' x 100') Water Level Indicator (electronic well sounder) <300 feet deep well $/UNIT 15 day 15 day 25 day IRS rate/mile 20 pair 88 day 25 day 55 day 110 day 50 day 160 day 50 day 150 day 15 each 50 day 10 day 35 day 40 day 160 day 50 day 8 each 18 each 50 day 70 day 18 each 45 day 35 day 100 roll 60 day Other specialized geotechnical and environmental testing & monitoring equipment are available, and priced per site 2013 R5:23 -10 PAGE 3 OF 4 www.leightongroup.com 6 Leighton 1 Fee Schedule TERMS & CONDITIONS • Prevailing Wages: Our fees for prevailing wage work are subject to change at any time based upon the project advertised date, and changes in California prevailing wage laws or wage rates. Prevailing wage time accrued will include portal to portal travel time. • Expiration: For all classifications except those subject to prevailing wage, this fee schedule is effective through December 31, 2013 after which remaining work will be billed at then -current rates. • Overtime: Overtime for field personnel will be charged at 1.5 times basic hourly rates when exceeding 8 hours up to 12 hours per 24 hour interval, and 2 times basic hourly rates when exceeding 12 hours in 24 hours or on Sunday, and 3 times basic hourly rates on California official holidays. • Expert Witness Time: Expert witness deposition and testimony will be charged at 2 times hourly rates listed on the previous pages, with a minimum charge of four hours per day. • Minimum Hourly Charges: For Field Technician Special Inspectors or Material Testing Services: 4 hours: 8 hours: Cancellation of inspections not canceled by 4:00 p.m. on preceding day (No charge if cancellation is made before 4:00 p.m. of the preceding work day.) Over 4 -hour working day, or begins before noon and extends into afternoon • Outside Direct Costs: Heavy equipment, subcontractor fees and expenses, project -specific permits and/or licenses, project -specific supplemental insurance, travel, subsistence, project - specific parking charges, shipping, reproduction, and other reimbursable expenses will be invoiced at cost plus 20%, unless billed directly to and paid by client. • Insurance & Limitation of Liability: These rates are predicated on standard insurance coverage and a limit of Leighton's liability equal to our total fees for a given project. • Invoicing: Invoices are rendered monthly, payable upon receipt in United States dollars. A service charge of 1% -percent per month will be charged for late payment. • Proposal Expiration: Proposals are valid for at least 30 days, subject to change after 30 days; unless otherwise stated in the attached proposal. • Client Disclosures: Client agrees to provide all information in Client's possession about actual or possible presence of buried utilities and hazardous materials on the project site, prior to fieldwork, and agrees to reimburse Leighton for all costs related to unanticipated discovery of utilities and/or hazardous materials. Client is also responsible for providing safe and legal access to the project site for all Leighton field personnel. • Earth Material Samples: Quoted testing unit rates are for soil and/or rock (earth) samples free of hazardous materials. Additional costs will accrue beyond these standard testing unit rates for handling, testing and/or disposing of soil and/or rock containing hazardous materials. Hazardous materials will be returned to the site or the site owner's designated representative at additional cost not included in listed unit rates. Standard turn- around time for geotechnical -laboratory test results is 10 working days. Samples will be stored for 2 months, after which they will be discarded. Prior documented notification is required if samples need to be stored for a longer time. A monthly storage fee of $10 per bag and $5 per sleeve or tube will be applied. Quoted unit rates are only for earth materials sampled in the United States. There may be additional cost for handling imported samples. • Construction Material Samples: After all designated 28 -day breaks for a given sample set meet specified compressive or other client - designated strength, all "hold" cylinders or specimens will be automatically disposed of, unless specified in writing prior to the 28 -day break. All other construction materials will be disposed of after completion of testing and reporting. 2013R5:23 -1O PAGE 4 OF 4 wanw.leightongroup.com 7 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CHICAGO TITLE TITLE AND ESCROW SERVICES THIS THIRD AMENDMENT is made and entered into as of June 25, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Chicago Title, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for Title and Escrow Services", in the amount of $30,000. b. On July 1, 2011, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Title and Escrow Services," to extend the term of the agreement to June 30, 2012, and increase the payment in the amount of $30,000. c. On May 22, 2012, the City and Consultant entered into the Second Amendment to that certain Agreement entitled "Agreement for Title and Escrow Services," to extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $40,000. d. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $40,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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 B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed Forty Thousand Dollars and No Cents ($40,000), for additional Title and Escrow Services for a total Agreement amount of One Hundred Forty Thousand Dollars and No Cents ($140,000). 4. Section 13 of the Agreement entitled "NOTICES" is hereby amended to read as 1 "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 and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "A" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA CHICAGO TITLE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Michael S. Naggar, Mayor Linda Hearell Vice President/County Manager ATTEST: By: By: Susan W. Jones, MMC, City Clerk Mark Nassraway Vice President/Sales Manager APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Chicago Title Attn: Mary Thompson One Better World Circle Temecula, CA 92590 909-676-3695 951-587-3795 - Fax PM Initials: 01] Date: 3 ATTACHMENT A Attached hereto and incorporated herein is the additional associated cost as provided by the Consultant. Exhibit A — Payment Rates and Schedule ATTACHMENT A Introductory Statement Chicago Title offers a broad range of services. Our clientele find it important to know in these times of infinite change that the strength of Chicago Title can be relied upon for larger, more complex projects. Along with long term established staff, Chicago Title can boast the oldest plants allowing us detailed history of all properties. Our objectives are to provide our clients with the best service in a cost effective manner. We firmly believe that the most important aspect of our business is to help our clients close their transactions quickly and efficiently. Chicago Title has therefore invested millions of dollars in automation to create the most advanced systems for title and escrow in our industry. These systems provide our personnel with Instant access to recorded documents, preliminary reports, title policies, escrow instructions and accounting functions. This quickly accessible information enables our clients to take control of virtually any situation which may arise involving their transactions and enables them to meet their commitments and deadlines. Our systems help our clients exceed their goals and do it more expeditiously than ever before. Staffing and Resource Availability As the nation's leader in local, national, single and multi -site title services, we can handle any one of your transactions through a number of our offices, each fully staffed with title, escrow, underwriting, engineering and customer service. The attorneys in our commercial industrial operation have extensive underwriting experience at both the local and national level. Their decision-making authority extends. throughout the Westem Region and they are "hands-on" in coordinating underwriting issues creatively. and quickly. . Through our Customer Service Department and computer data bank we can provide title and tax information, property profiles, comparables and . copies of recorded documents quickly throughout California. Our special •services department offers farm packages which -tabulate information on •. specific types of property Within a designated area as welt as lot book guarantees, chains of title; recorded document and plant service • guarantees. We also have access to similar information in many states throughout the country, and maintain a forms library for every state. Chicago Title maintains a complete foreclosure department. We offer coordination of Trustee's Sale Guarantees and Litigation Guarantees. We are pleased to provide special reports and pricing packages for "work-out" situations upon request. 4 Our county operations have title engineers who have technical expertise to assist in final review of ALTA surveys, verification of legal descriptions, professionally plotted easements, and final review of subdivision maps to assist you and your engineering firm. - Chicago Title is a valuable resource on industry -related issues, we provide informal lectures for attorney and non -attorney customer groups on title insurance, endorsements, creditor's rights, CLTA and ALTA policy forms, loss of priority situations and foreclosures. Personal Resume Diane Bainbridge - as your account representative I have 24 years of industry experience, including both title insurance and real estate. I understand all aspects of servicing complex transactions. My job is to assist the City of Temecula and its affiliates with all aspects of customer service, title and escrow coordination. Our title team includes Cathy Berryman, title operations manager, Jeff Duns, advisory title officer, Chris Ritter, title officer, and Marie Hessom, escrow officer. Our title and escrow departments are well staffed with knowledgeable, friendly and experienced personnel. We look forward to the opportunity of working with the staff at the City of Temecula. Billing Procedures Guarantees and reports carry no promise of insurance and are billed at the time of issuance and will be accompanied by an invoice. Invoices will be sent at the time of issuance of the report or guarantee or billed through escrow when a policy is to be issued. Scope of Services Preliminary Reports a) The face page of the report shall include name, address, telephone number of issuing office, name of title officer issuing report, title order number, client reference', and date of report. b) The report shall identify and describe the real estate covered via a legal description. 5 c) The real property interest shall be stated. d) The report shall include all matters of record affecting real estate covered, including any matters the title firm may question. Clearly stated requirements for removal of said matters are addressed on commitments and can be provided upon your request. e) An assessors map identifying the subject property will be attached to each report. f) Client shall receive two (2) copies of report. Client shall also receive a digitized version of the report via e-mail when requested and one set of schedule B documents upon request. Estimated delivery time for reports is 5 days. We will expedite the processing of any report upon client's request. If the project is extremely complex and requires additional time to complete the client will be notified and provided an estimated time of arrival. h) The preliminary report fee is $500. This fee will be credited to the cost of the policy of title insurance if it is issued within 12 months of the report. Additional parcels will be searched at a fee of $100 each. g) Litigation Guarantees a) Guarantee will include name, address, telephone number of using office, name of title officer issuing report, report order number, client reference, and date of report. b) The report shall identify and describe the real estate covered. c) The value of the report shall be stated. d) The purpose and intended action shall be stated. e) Report shalt include all matters of record affecting real estate covered, including any matters the title firm may question with clearly stated requirements for removal of said matters. f) An assessor's parcel or tract map identifying the subject property will be attached to each report. g) Client shall receive two (2) copies of report. Client shall also receive a digitized version of the report viae -mail if requested. h) Report shall be provided to client within the specified time frame and based upon reasonable deviations due to scope and complexity. i) Litigation guarantees are priced at basic rate. Please see the attached schedule of fees. 6 j) Once the guarantee is issued any subsequent issuance is done by a continuation guarantee to cover the filing of the Lis Pendens. A continuation guarantee will cost $100 if requested within 24 months of the initial issuance Mapping and Engineering Services Plotted easements and engineering services are billed at $50 per hour. a) Our mapping and engineering departments are available for plotting of easements and review of legal descriptions. b) Client can be provided with color coded copies of plotted easements upon request. Parcel Maps We have the ability to provide client with personnel experienced in the process required for the recordation of parcel maps. Parcel Map Guarantees are billed at $750 each. Customer Service Department Reasonable customer service is provided at no charge. Excessive and/or complicated requests are billed at approximately$30 per hour. a) Our customer service personnel is experienced in all aspects of searching and obtaining copies of recorded documents, including those pertaining to municipal or government owned properties. b) Customer Service requests shall be processed and copies faxed and/or e- mailed to client on the same day the request is received or deemed reasonable based on the scope and complexity of the research. c) Radius' are provided at nocharge when there is a pending transaction. If there is no pending transaction the minimum fee for a radius is $300. Radius' may take up to a week due to complexity. Chain of Title Guarantees Chain of Title Guarantees are issued at a cost of $350 plus. $10 for each document in the chain. Non -guaranteed chains are billed at $30 per hour plus $10 for each document. 7 Recordation Fees Recording fees are established by the County of Riverside. Currently those fees are: $15 for the first page of deeds $3 for each additional page $9 for most other documents $ 6 for the first page of maps $2 for each additional page These fees are passed through as charged. We do not add additional charges. Escrow Services Our escrow department is located in Temecula for your convenience. Marie Iiessom has over 20 years of escrow experience and can handle in all types of transactions. She has 8 years of experience in the Temecula Valley. Our sale escrow fees per side are $200 base plus $2 per $1,000 of the sales price up to $1,000,000. All transactions over $1,000,000 are quoted in advance and agreed upon in written escrow instructions. 8 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HARRIS & ASSOCIATES, INC. ENGINEERING AND SURVEY SERVICES THIS SECOND AMENDMENT is made and entered into as of June 25, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Harris & Associates, 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. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering and Survey Services", in the amount of $100,000. b. On May 22, 2012, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Engineering and Survey Services," to extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000), for additional Engineering and Survey Services for a total Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000). 4. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as 1 "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 and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA HARRIS & 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: Michael S. Naggar, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ehab Gerges, Vice President Javier Saunders, Vice President Harris & Associates, Inc. Attn: Ehab Gerges, Vice President 750 B. Street, Suite 1800 San Diego, CA 92101 619-236-1778 619-236-1179 - Fax PM Initials: D Date: 3 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RBF CONSULTING, INC. ENGINEERING AND SURVEY SERVICES THIS SECOND AMENDMENT is made and entered into as of June 25, 2013, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and RBF Consulting, 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. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2011, the City and Consultant entered into that certain Agreement entitled "Agreement for Engineering and Survey Services", in the amount of $100,000. b. On May 22, 2012, the City and Consultant entered into the First Amendment to that certain Agreement entitled "Agreement for Engineering and Survey Services," to extend the term of the agreement to June 30, 2013, and increase the payment in the amount of $100,000. c. The parties now desire to extend the term of the agreement to June 30, 2014, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. follows: 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 5 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms 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. The Second Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000), for additional Engineering and Survey Services for a total Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000). 4. Section 14 of the Agreement entitled "NOTICES" is hereby amended to read as 1 "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 and Delivery Service Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA RBF CONSULTING, 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: Michael S. Naggar, Mayor ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Ernest Wade, Vice President Michael Tylman, Sr. Vice President RBF Consulting, Inc. Attn: Ernest Wade, Vice President 40810 County Center Drive, Suite 100 Temecula, CA 92591 951-506-3525 951-676-7240 - Fax 3 PM Initials: n g Date: 1/ ATTACHMENT A Attached hereto and incorporated herein is the additional associated cost as provided by the Consultant. Exhibit B - Payment Rates and Schedule ff CO NH U LT1 N 13 A =ZEI Company HOURLY RATE SCHEDULE Effective January 2013 through December 2013 OFFICE PERSONNEL $! Hr. Senior Principal $275.00 Principal 250.00 Project Director 225.00 Program Manager 215.00 Senior Project Manager 200.00 Project Manager 195.00 Structural Engineer 195.00 Technical Manager 180.00 SeniorEngineer163.00 Senior Planner 163.00 Electrical Engineer 163.00 Landscape Architect 150.00 Senior GIS Analyst 150.00 Project Engineer 148.00 Project Planner 148.00 Survey Crew Support Manager 145.00 Environmental Specialist 138.00 Design Engineer/Senior Designer/Mapper 135.00 GIS Analyst 122.00 Designer/Planner 118.00 Project Coordinator 110.00 Graphic Artist 97.00 Environmental Analyst/Staff Planner 97.00 Design Technician 97.00 Assistant Engineer/Planner 93.00 Permit Processor 83.00 Engineering Aid/Planning Aid 75.00 Office Support/ Clerical 63.00 FIELD PERSONNEL 2 -Person Survey Crew $250.00 1 -Person Survey Crew 165.00 Licensed Surveyor 175.00 Field Supervisor 175.00 CONSTRUCTION MANAGEMENT PERSONNEL Construction Manager $190.00 Resident Engineer 160.00 Construction Inspector (Prevailing Wage).. 136.00 Construction Inspector (Non -Prevailing Wage) 113.00 Field Office Engineer 113.00 ConstructionTechnician................................................................................................................................97.00 Note: Blueprinting, reproduction. messenger service and other direct expenses vwll be charged as an additional cost plus 15%. A Sub -consultant Management Fee of fifteen -percent (15%) will be added to the direct cost of all sub -consultant services to provide for the cost of administration. sub - consultant consultant consultation and insurance. Vehicle mileage will be charged as an additional cost at the IIS approved rate. 4 Item No. 15 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 25, 2013 SUBJECT: Rejection of Bids for the Old Town Temecula Community Theater Remediation, PW 12-04 PREPARED BY: Amer Attar, Principal Engineer David McBride, Senior Engineer RECOMMENDATION: 1. Consent to relieve AMG & Associates, Inc. of its bid submitted for the Old Town Temecula Community Theater Remediation; 2. Reject all bids submitted for the Old Town Temecula Community Theater Remediation; 3. Authorize staff to rebid the Old Town Temecula Community Theater Remediation to start construction in spring/summer of 2014. BACKGROUND: On April 23, 2013, the City Council approved the plans and specifications for the Old Town Temecula Community Theater Remediation and authorized staff to solicit construction bids. The remediation is necessary to address numerous design and construction flaws, and damages sustained since opening the facility. On May 22, 2013, three bids were electronically opened and publicly posted on the City's on- line bidding service, PlanetBids. The results were as follows: 1. AMG & Associates, Inc. $2,429,000 (seeking relief) 2. Sean Malek Engineering & Construction $2,825,200 (non-responsive) 3. Woodcliff Corporation $2,898,000 Although AMG & Associates, Inc. (AMG) was found to be the lowest responsible bidder, they informed the City that they made an entry mistake making their bid $210,360 lower than it should have been, or $2,639,360 in total. Sean Malek Engineering & Construction failed to submit an original bid bond rendering their bid non-responsive. The specifications called for a schedule of 85 working days, which is an approximate duration of four months. The estimated cost of this project was $2,500,000. In accordance with Public Contract Code Section 5103, AMG informed the City that they made a substantive mistake in the bid and requested bid relief (i.e., remove from further consideration). AMG's formal request letter is attached. Staff reviewed their request in detail and concluded that the criterion for "relief" by Public Contract Code has been satisfied. Accordingly, we recommend that AMG's relief request be granted. Due to the small number of bids received and their high cost, staff is recommending that the remaining bid be rejected and the project rebid. Staff suspects that the aggressive completion schedule, limited bid period, low bidder turn out, and project ambiguities negatively influenced the number of bids submitted and the amount of each bid. Prior to rebidding the project, Staff will solicit input from general contractors regarding ways to eliminate ambiguity, consider substantial modifications of the schedule to lower costs and enact methods to encourage greater bidder involvement. By addressing the aforementioned we believe more competitive bids could be realized. FISCAL IMPACT: Although there are costs associated rebidding the project, staff believe this cost is minor compared to the potential savings achieved with a more competitive bidding pool. ATTACHMENT: Relief Request from AMG & Associates, Inc., dated May 28, 2013 A l i 4 Li& assoces inc May 28, 2013 Via e-mail and US Mail City of Temecula Mr. Greg Butler, Director of Public Works 41000 Main Street Temecula, CA 92590 Page 1 of 2 CSLB Lic. No. 881824 www.amgassociatesinc.com albert@amgassociatesinc.com From the desk of Albert M. Giacomazzi President RE: Old Town Temecula Community Theater Remediation Project No. PW12-04 Subject: Dear Greg, Request for Consent to Withdrawal of Bid Please be advised that AMG & Associates is requesting consent of the City of Temecula to withdrawal of our bid for the above referenced project submitted on May 22, 2013 at 2:00 p.m. In accordance with section 5103 of the Public Contract Code, we are notifying the City of Temecula that a mistake occurred in the entry of bid pricing numbers on our bid day spreadsheet used in the pricing aspect of our bid. Our notification to the City of Temecula is made within five working days after opening the bids. The mistake made the bid materially different that we intended the bid to be. Our mistake was filling out the bid and not due to any error in judgment or to the carelessness in inspecting the site of the work, or in the reading of the plans and specifications. In calculating the amount of our bid we erroneously entered $20,000.00 for the metal stud framing and cement plaster portion of the work, however, we intended the entry price to be $200,000. This entry error made our total bid $210,360.00 lower than we intended. We apologize for any inconvenience this bid mistake may cause the City of Temecula. Please contact me directly if you need any additional information regarding this matter and to confirm that the City of Temecula has consented to our request for withdrawal. 28296 Constellation Road • Santa Clarita, CA 91355 • Ph (661) 251-7401 • Fax (661) 251-7405 A /-1 ociates inc Page 2 of 2 Sincerely, .2-, /A Albert M. Giacomazzi President CC: Steven R. Cuneo ; Gibbs, Giden, Locher, Turner, and Senet Tony Traverso, Vice President David McBride; City of Temecula Senior Engineer File: Bid 2025 City of Temecula Old Town Temecula Community Theater Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 25, 2013 SUBJECT: Temporary Street Closures for 2013 Summerfest Events PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: Receive and file a proposed action by the City Manager to temporarily close certain streets for the following 2013 Summerfest Events: STAR SPANGLED 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW RESTAURANT EXPRESS TOWN SQUARE EVENT BACKGROUND: There are three special events scheduled during the month of July 2013 which necessitate the physical closure of all or portions of certain streets within the Old Town area, and also portions of Margarita Road and Pauba Road (i.e., fireworks display). The closures are necessary to facilitate the events and to protect participants and viewers. The three events and associated street closures are as follows: 1. Star Spangled 4th of July Parade The annual City -sponsored "Star Spangled 4th of July Parade" event requires the closure of the entire, and portions of, streets in the Old Town area on July 4, 2013 from approximately 5:00 a.m. until 12:00 p.m. The actual parade hours this year are from 10:00 a.m. to approximately 11:15 p.m. However, staging for the parade will begin at 5:00 a.m. at the Stampede Restaurant parking lot and Second Street. The Police Department will determine the exact hours of street closures. Also, no parking will be allowed on these subject streets from 5:00 a.m. until 12:00 p.m. This year's 4th of July Parade street closures and closure times are as follows: Old Town Front Street — Second Street to Third Street 5:00 a.m. to 12:00 p.m. Old Town Front Street - Moreno Road (5) to Third Street (northbound closure only) 5:00 a.m. to 9:00 a.m. Old Town Front Street - Moreno Road (S) to Second Street 9:00 a.m. to 12:00 p.m. Moreno Road 10:00 a.m. to 12:00 p.m. Mercedes Street - Moreno Road to Second Street (southbound closure only) 9:45 a.m. to 12:00 p.m. Second Street 5:00 a.m. to 12:00 p.m. Third Street 9:00 a.m. to 12:00 p.m. Main Street 9:00 a.m. to 12:00 p.m. Fourth Street 9:00 a.m. to 12:00 p.m. Fifth Street 9:00 a.m. to 12:00 p.m. Six Street 9:00 am. to 12:00 p.m. North -south traffic shall be detoured via Pujol Street around the event; and all streets will be opened to traffic by 12:00 p.m. 2. 4th of July Fireworks Show The annual City -sponsored "4th of July Fireworks Show" 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: Pauba Road between Margarita Road and Showalter Road 8:00 a.m. to 12:00 p.m. Calle Ventura 8:00 a.m. to 12:00 p.m. Calle Camellia 8:00 a.m. to 12:00 p.m. Margarita Road between Rancho Vista Road and Pauba Road 7:00 p.m. to 10:00 p.m. Residents living within the closure area will be allowed access to their homes. 3. Restaurant Express Town Square Event The Restaurant Express event is a reality cooking show and will be held on July 5th and 6th at the Town Square with street closures scheduled as follows: Main Street — the easterly driveway edge of 28636 Old Town Front Street (Rosa's Cantina) to Mercedes Street 8:00 a.m. on Friday, July 5th to 10:00 p.m. on Saturday, July 6th Mercedes Street — Fourth Street to Third Street (Mercedes Street traffic will be detoured around the event via Third and Fourth Street) 1:00 p.m. to 10:00 p.m. on Saturday, July 6th Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. 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 City Maintenance Department, are included in budgetary items. ATTACHMENTS: 1. Location Map — 4th of July Parade 2. Location Map — 4th of July Fireworks Show 3. Location Map — Restaurant Express Event 0 0 QQU 2013 4th of July Parade FIRE STATION MERCEDES ST 04 lark 4�LIk VA LD TO R D CIVIC CENTER X w O ¢ FRONT 1 J A o+• Rodcway 0.1 Inn ART ce i. Old Town Theater Children's Museum Reserved Fi PUJOL ST Legend -- Parade Route Staging De -staging rjJudging P Parking Equestrian Staging Announcer Public Restrooms Portable Restrooms 15 R1GIS1Arcmap Projectslcommunity servicestuly4parade_2011.mxd April 26, 2011 4th of July 2013 Fireworks Show STREET CLOSURES VICINITY MAP NOT TO SCALE 'I STREET CLOSURE RESTAURANT EXPRESS AT TOWN SQUARE JULY 5TH & 6TH, 20/3 VICINITY MAP LEGEND aSTREET CLOSURE BARRICADE EXHIBIT 'A' Item No. 17 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works Jennifer Hennessy, Finance Director DATE: June 25, 2013 SUBJECT: Establish the Temecula Energy Efficiency and Asset Management (TEAM) Fund PREAPARED BY: Rudy J. Graciano, Revenue Manager RECOMMENDATION: Approve the reassignment of Fiscal Year 2012-13 energy efficiency rebate revenue, estimated to be $120,000, from the General Fund into the Temecula Energy Efficiency and Asset Management (TEAM) Fund. BACKGROUND: The TEAM Fund is intended to fund Asset Management projects and support ongoing improvements by providing resources to subsidize energy efficiency and rehabilitation projects at municipal facilities. TEAM is designed to be self-sustaining as, in addition to rebates being directly deposited into the TEAM Fund, utility cost savings from projects implemented under TEAM will be re -directed from the serving utility into the TEAM Fund. Planning and Public Works staff are currently working with Public Financial Management Inc. (PFM), a consultant funded through the Western Riverside Energy Leadership Partnership (WRELP) involving Western Riverside Council of Governments (WRCOG), Southern California Edison, and The Gas Company, to develop an administrative policy and procedure manual for the TEAM program. When complete, this manual will be presented to Council for consideration and approval of the policy. As part of its ongoing efforts to further energy conservation, the City routinely completes energy audits of its facilities. TEAM funded projects will target high value opportunities identified in these audits to maximize measured energy savings thereby providing the most energy cost savings further enhancing the TEAM revenues. Public Works will identify appropriate projects and manage them through completion. The creation of the TEAM program provides an opportunity for the City to demonstrate its leadership and commitment to energy conservation. In addition to the measured energy benefit savings, other benefits of the TEAM program include elevated awareness of energy management and stimulation of the local economy for "green jobs" that are essential to the City's future. 1 FISCAL IMPACT: There are currently approximately $120,000 in energy efficiency related rebates that have been deposited into the General Fund in Fiscal Year 2012-13. These rebates will be reassigned to establish the TEAM Fund. In addition, anticipated energy cost savings realized by the implementation of the energy efficiency projects has been programmed into the Fiscal Year 2013-14 General Fund Operating budget for transfer to the TEAM Fund. ATTACHMENTS: None 2 Item No. 18 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Aaron Adams, City Manager DATE: June 25, 2013 SUBJECT: Resolution Supporting the Redesignation of Riverside County as a Recycling Market Development Zone PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: Adopt a resolution entitled: RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE REDESIGNATION OF RIVERSIDE COUNTY AS A RECYCLING MARKET DEVELOPMENT ZONE DUE TO AN INCREASE IN BOUNDARIES AND ADOPTION OF INITIAL STUDY AND NEGATIVE DECLARATION BACKGROUND: CalRecycle administers the Recycling Market Development Zone (RMDZ) to encourage manufacturing facilities to recycle their waste as part of their production process. The principle benefit for businesses located within an RMDZ is a loan program for manufacturers of products using materials that would normally end up at the landfill. This program provides low-interest loans of up to $2 million for the purchase of equipment and other relevant business costs. The intent of the RMDZ loan program is to help California manufacturers increase their processing capabilities and create additional markets for recycled - content products. Riverside County currently has one RMDZ that encompasses a portion of Riverside County (mostly cities to the north east). This zone expires on August 25, 2013 and CalRecycle has encouraged the County to seek a new ten-year designation of the RMDZ and expand its boundaries. EDA staff is proposing that the entire boundary of the county be designated an RMDZ and would take the lead on preparing the application. Cities that wish to be included within the Zone must adopt a resolution of support. The City of Temecula would like to participate in the RMDZ as it will give our local manufacturing companies the opportunity to apply for low interest loans for additional equipment or other relevant business costs that they currently are unable to apply for (the City is currently not located in the RMDZ). FISCAL IMPACT: Participation in the RMDZ does not have a financial obligation to the County nor any participating Cities. There are no fiscal impacts to the City of Temecula. By supporting this resolution however, Temecula manufacturers can take advantage of additional economic incentives, once again, at no cost to the City of Temecula. ATTACHMENTS: Resolution No. 13- RESOLUTION NO. 13- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE REDESIGNATION OF RIVERSIDE COUNTY AS A RECYCLING MARKET DEVELOPMENT ZONE DUE TO AN INCREASE IN BOUNDARIES AND ADOPTION OF INITIAL STUDY AND NEGATIVE DECLARATION THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, California Public Resources Code Section 42010, et al. provides for the establishment of the Recycling Market Development Zone (RMDZ) program throughout the State which provides incentives to stimulate development of post- consumer and secondary materials markets for recyclables; and WHEREAS, all California jurisdictions must meet a 50% reduction in landfill waste disposal as mandated by the California Integrated Waste Management Act; and WHEREAS, the Riverside County RMDZ includes the cities of Blythe, Cathedral City, Coachella, Hemet, Indio, Moreno Valley, Perris and San Jacinto and parts of unincorporated Riverside County; and WHEREAS, the Riverside County RMDZ is dedicated to establishing, sustaining and expanding recycling -based manufacturing businesses, which is essential for market development and to assist these jurisdictions in meeting the established landfill waste reduction goals; and WHEREAS, the cities of Banning, Beaumont, Calimesa, Canyon Lake, Corona, Desert Hot Springs, Eastvale, Indian Wells, Jurupa Valley, Lake Elsinore, La Quinta, Menifee, Murrieta, Norco, Palm Desert, Palm Springs, Rancho Mirage, Riverside, Temecula, Wildomar and all of unincorporated Riverside County desire existing and new recycling -based manufacturing businesses located within their jurisdictions to be eligible for the technical and financial incentives associated with the RMDZ program; and WHEREAS, the addition of these jurisdictions to the Riverside County RMDZ is necessary to facilitate local and regional planning, coordination, and support existing recycling -based manufacturing businesses, as well as assist in attracting private sector recycling investments to the RMDZ; and WHEREAS, the continued development of local markets for recycled materials would reduce the need to transport them out of the region in the future; and WHEREAS, the current and proposed waste management practices and conditions are favorable to the development of post -consumer and secondary waste materials markets; and WHEREAS, the California Legislature has defined environmental justice as "the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies" [Government Code section 65040.12(e)], and has directed the California Environmental Protection Agency to conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state [Public Resources Code section 71110(a)]; and WHEREAS, CalRecycle has adopted a goal to continuously integrate environmental justice concerns into all of its programs and activities; and WHEREAS, the cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Eastvale, Hemet, Indian Wells, Indio, Jurupa Valley, La Quinta, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, Temecula and Wildomar and the unincorporated part of Riverside County have agreed to submit an application to CalRecycle requesting the redesignation of the Riverside County RMDZ due to a change in boundaries; and WHEREAS, County of Riverside has agreed to act as Lead Agency for the proposed redesignation; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the County of Riverside has prepared or caused to be prepared and has adopted a Negative Declaration which evaluates the potential adverse environmental effects that might occur as a result of the redesignation of the Riverside County RMDZ; and WHEREAS, the City of Temecula has considered the environmental effects of the redesignation of Riverside County RMDZ as shown in the Negative Declaration; and WHEREAS, the City of Temecula finds there are no grounds for the City of Temecula to assume the Lead Agency role or to prepare a subsequent or supplemental environmental document; and WHEREAS, the record of the proceedings on which the City of Temecula bases its decision to adopt the Negative Declaration is available from the custodian of records: County Clerk of Riverside County, 2724 Gateway Drive, P.O. Box 751, Riverside, CA 92502-0751. NOW THEREFORE: the City of Temecula hereby resolves that: 1. The City Council of the City of Temecula, hereby adopts the Negative Declaration. 2. The City of Temecula, as Responsible Agency, approves the redesignation of Riverside County as a RMDZ and approves and concurs in the actions of the County of Riverside Economic Development Agency to submit an application to CalRecycle requesting redesignation of Riverside County as a RMDZ which includes the cities of Banning, Beaumont, Blythe, Calimesa, Canyon Lake, Cathedral City, Coachella, Corona, Desert Hot Springs, Eastvale, Hemet, Indian Wells, Indio, Jurupa Valley, La Quinta, Lake Elsinore, Menifee, Moreno Valley, Murrieta, Norco, Palm Desert, Palm Springs, Perris, Rancho Mirage, Riverside, San Jacinto, Temecula, and Wildomar and the unincorporated part of Riverside County. 3. The County of Riverside will administer the RMDZ program in a manner that seeks to ensure the fair treatment of people of all races, cultures and incomes, including but not limited to soliciting public participation in all communities within the RMDZ, including minority and low-income populations. 4. The County of Riverside Economic Development Agency shall file a Notice of Determination respecting this Project with the State Clearinghouse pursuant to CEQA Guidelines Section 15096(i). PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 25th day of June, 2013. Michael S. Naggar, 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. 13- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 25th day of June, 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk TEMECULA COMMUNITY SERVICES DISTRICT Item No. 19 RECOMMENDATION: 22.1 Award the Construction Contract for the Great Oak High School Tennis Court Lighting, PW12-03, to MDE Group, Inc. in the amount of $389,000; 22.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $38,900, which is equal to 10% of the total contract amount; 22.3 Make a finding that the Great Oak High School Tennis Court Lighting is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 23 Third Amendment with Excel Landscape, Inc. for Landscape Maintenance Services for Fiscal Year 2013-14 — Approved Staff Recommendation (4-0-1, Director Naggar absent) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval with one absence. RECOMMENDATION: 23.1 Approve the Third Amendment to the Agreement with Excel Landscape, Inc. to provide continued landscape maintenance services, and the addition of new and supplemental landscape maintenance service areas, in the amount of $2,231,631.80 for Fiscal Year 2013-14; 23.2 Authorize the General Manager to approve additional work not to exceed the contingency amount of $223,163.18, which is equal to 10% of the amendment amount. CSD PUBLIC HEARING • Wayne Hall addressed the Directors regarding Public Hearing Item 24. 24 Adoption of the Fiscal Year 2013-14 TCSD Annual Operating Budget — Approved Staff Recommendation (4-0-1, Director Naggar absent) Director Roberts made the motion; it was seconded by Director Washington; and electronic vote reflected unanimous approval with one absence. RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. CSD 13-03 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA ADOPTING THE FISCAL YEAR 2013-14 ANNUAL OPERATING BUDGET AND ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS 2 CSD Action Minutes 061113 25 Temecula Community Services District Proposed Rates and Charges for Fiscal Year 2013-2014 — Approved Staff Recommendation (4-0-1, Director Naggar absent) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval with one absence. RECOMMENDATION: 25.1 Adopt a resolution entitled: RESOLUTION NO. CSD 13-04 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 2013-2014 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 8:34 P.M., the Community Services District was formally adjourned to Tuesday, June 25, 2013, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] 3 CSD Action Minutes 061113 Jeff Comerchero, President ACTION MINUTES of June 11, 2013 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 8:04 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS • Paul Jacobs • Ernie White • Patrice Lynes CSD CONSENT CALENDAR • Ernie White addressed the Directors regarding Consent Calendar Item 21. 20 Action Minutes — Approved Staff Recommendation (4-0-1, Director Naggar absent) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval with one absence. RECOMMENDATION: 20.1 Approve the action minutes of May 28, 2013. 21 Financial Statements for the Nine Months Ended March 31, 2013 — Approved Staff Recommendation (4-0-1, Director Naggar absent) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval with one absence. RECOMMENDATION: 21.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2013. 22 Award of a Construction Contract for the Great Oak High School Tennis Court Lighting, PW12-03 — Approved Staff Recommendation (4-0-1, Director Naggar absent) Director Washington made the motion; it was seconded by Director Edwards; and electronic vote reflected unanimous approval with one absence. 1 CSD Action Minutes 061113 Item No. 20 • • • Approvals City Attorney Finance Director City Manager TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: June 25, 2013 SUBJECT: Agreement with Melody's Ad Works, Inc. for OId Town Temecula Special Event Coordination and Marketing Services PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Approve the Agreement with Melody's Ad Works, Inc. in the amount up to $51,500 for the coordination and marketing of special events in OId Town Temecula for Fiscal Year 2013-14. BACKGROUND: Since 1999, Melody's Ad Works, has provided public relations and special events coordination for Old Town Temecula events. One of the major goals for Melody's Ad Works is to provide and promote events that will attract visitors and bring tourism to the area. Since 1999 the Old Town Temecula events have grown in attendance and notoriety which have established Temecula as an entertainment destination. The following is a summary of the FY 2013-14 OId Town Temecula special events: 1. Hot Summer Nights — Entertainment every Friday night from July 12 — August 30, 2013 and Labor Day Weekend. 2. Quilt Show — Quilt displays throughout Old Town on Saturday October 5, 2013; a quilt auction, with proceeds going to charities. 3. Winterfest -- Friday November 29, 2013 Santa will arrive in Old Town Temecula. Holiday entertainment will be provided every weekend until December 21, 2013. 4. New Year's Eve — Bands, entertainment and a grape drop on December 31, 2013. 5. Bluegrass Festival — March 15 & 16, 2014 Bluegrass entertainment on Saturday and gospel concerts on Sunday. 6. Western Days — May 17 & 18, 2014 — ICS chili cook -off and western entertainment. 7. Street Painting & Plein Air Festival — June 20, 21 & 22, 2014 approximately 140 street painting and plein air artists. The Quilt Show, Bluegrass Festival and Western Days bring visitors from neighboring states. Many of the visitors for the Quilt Show come by bus in a group tour. Hot Summer Nights, Winterfest, New Year's Eve and the Street Painting & Plein Air Festival have a regional draw, but we continue to see visitors for these events increase. FISCAL IMPACT: The $45,000 for services provided in coordination, implementing, promotion and marketing of special events in Old Town Temecula and the reimbursables up to the amount of $6,500 are included in the Fiscal Year 2013-14 Temecula Community Services District Operational Budget. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND MELODY'S AD WORKS, INC. OLD TOWN TEMECULA SPECIAL EVENT PROMOTIONS THIS AGREEMENT is made and effective as of July 1, 2013, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Melody's Ad Works, 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, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, 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 times 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 Ag ree me nt. 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- one thousand five hundred dollars ($51,500) 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 General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General 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 riot 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 General 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 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. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One Million Dollars ($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 Dollars ($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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, 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 of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 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 mariner. 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 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 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 riot 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 riot 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 41000 Main Street Temecula, CA 92590 To Consultant: 14. ASSIGNMENT Melody's Ad Works, Inc. Melody Brunsting 21705 Como Street, Wildomar, CA 92595 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 Ag ree me nt. 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 hisiher 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. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES MELODY'S AD WORKS, INC. DISTRICT By: By: Jeff Comerchero, TCSD President Melody Brunsting, President/Treasurer ATTEST: By: By: Susan W. Jones, MMC, City Carl Brunsting, Vice President/Secretary Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Melody's Ad Works, Inc. Melody Brunsting 21705 Como Street Wildomar, CA 92595 951 678-1456 melsadworks@gmail.com PM Initials: D Q Date: 1/ ccIZVcidell Ad Work/rine Marketing & Public Relations EXHIBIT A Budget Proposal and Scope of Work Old Town Temecula Special Event Promotions 2013-2014 21705 Como Street " 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 lh-/Z Ad Workr, Inc Marketing & 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 with Hot Summer Nights July 12, 2013 and end with Old Town Temecula Street Painting, June 20-22, 2014. This will be the 14th year for Melody's Ad Works to produce and promote Old Town Temecula Events. The event budget had remained stagnant since 2005-06 (with CPI inflation this equates to a 15% cut in funding since 2005). The budget was cut for 2012-13 by $15,875. The attached proposal reflects modest increases for the first time since 2005 for some events and Melody's Ad Works, Inc. and also a cooperative arrangement with the City of Temecula TCSD to provide some of the facilities and equipment rental previously covered under this budget. Since the Old Town Event Implementation spending for Arts, Entertainment and Recreation has increased from $19 million annually (2000) to $212 million (2010) according to a recent Dean Runyan Survey.* The Old Town Temecula events have grown in attendance and notoriety establishing Old Town Temecula as an Entertainment Destination. With cultural events like the Temecula Street Painting, Temecula Outdoor Quilt Show, Old Town Temecula Bluegrass Festival, and Old Town Temecula Western Days and ICS Chili Cookoff, that began with the 2000-2001 Old Town Event implementation, we at Melody's Ad Works, Inc. believe the consistency of promoting these cultural events outside of the Temecula Valley, has aided this growth in Tourism Spending. The following statistics supports this belief. • Temecula Bluegrass Festival draws 200 RVs and 8,000-10,000 guests from Arizona, Nevada, Los Angeles, Orange County and Northern California annually (from RV camp records) • Temecula Bluegrass Festival RVers spend an average of $300 per RV in Old Town during the weekend • Temecula Bluegrass Festival holds a Saturday Evening concert in the Old Town Temecula Community Theater that sells out every year. All of the $20 ticket sales collected goes to the Old Town Temecula Community Theater Budget. • Western Days Chili Cookoff was ranked one of the top 125 in the United States. The 2013 Cookoff had over 30 participants and competitors and once again qualified as a regional event for 2014 - sending Temecula Winners to the 2013 and 2014 World Championships. • Chili Cookoff Contestants come from Los Angeles, Ventura, and San Diego County, as well as Arizona and Nevada • Old Town Temecula Street Painting Festival hosted 142 street painters in 2012, of all ages with more than 90 giant murals and 12,000 square feet of fine art painted on asphalt. • Street Painters came from Arizona and California. California artists were from Canyon Country, Anaheim, La Quinta, San Juan Capistrano, Castaic, Lake Forest, San Diego, La Mesa, Moreno Valley, and San Jacinto. • In 2012 47% of the Street Painters at the Old Town Temecula Street Painting Festival came from outside the Temecula Valley. • Temecula's Outdoor Quilt Show represents 21.3 MILLION quilters in America and $3.58 BILLION spent by quilters ANNUALLY in America. Temecula's 6 -hour Event draws an average of 1,000 visitors per hour (6,000 for the event) each year. Most visit from out of the area. Many come by bus in a group tour. 21705 Como Street A Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody©temeculacalifornia.com - Website www.Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations To reach the niche audiences of the Cultural Arts world, Melody's Ad Works, Inc works with guilds, associations and clubs that support the various niche groups to help spread the word of these events. Melody's Ad Works, Inc. also utilizes an integrated marketing and public relations strategy that has won the agency numerous international event marketing awards. Marketing and P.R. 2.0 has created a revolution in the promotion industry since 2000 when Melody's Ad Works, Inc. first began these events. Specifically: • Direct Mail ROI is less than 1% • Newspaper circulation and readership has dropped more than 20% • Radio audiences splintered with shares dropping 10% • Television Audience splintered amid choice, seeing shares drop 10-15% for # 1 shows • Social Media is King and Facebook the Queen in the Temecula Valley • Media lists are no longer bought in annual books but are subscribed to with "living lists" that evolve as the industry and journalists move with the times. All of these factors impact the budget and time spent on marketing. Time = Money in this world and promoting the Old Town Temecula Events now requires more man hours than from the years 2000-20008. It also requires more money as service bureaus are needed for tracking, developing niche markets, staying current with new media, distributing e - blasts, developing subscriber bases and developing professional relationships with regional and national journalists through their preferred contact preferences. For the 2013-14 Old Town Temecula Events Melody's Ad Works Inc. will: o Provide Creative Implementation, Enhancement and Production of all events within this contract. o Review, screen, and select entertainers within this contract. ❑ Provide contact information for each performer's Performance agreements and W -9s a Order necessary additional facilities such as stage, lighting, canopies, and portable toilets o Work with City of Temecula Planning and Riverside County Environmental Health to assure proper permits are acquired. ❑ Produce site map for each event within this contract. o Develop an integrated marketing strategy for each event beginning with six month lead time calendar notices and continuing through the conclusion of each event within this contract.. o Select and schedule most effective advertising for each event within this contract. u Create radio and television commercials (production costs additional) within this contract. a Create reproduction -ready art for applications and forms for the various events within this contract. o Post on www.temeculacalifornia.com o Develop, write and distribute to media press releases and press packages for each event within this contract. o Distribute weekly, monthly and regional press releases supporting event. o Post on event and entertainment media calendar websites in Southern California. o Distribute quarterly press release on events for 6 -month lead time publications. 21705 Como Street " Wildomar A California 92595 Phone A (951) 252-5649 (951) 678-1456 " Fax (951) 678-5467 E-mail Melody©temeculacalifornia.com - Website: www.Temeculacalifornia.com e �'iCL�LlsCll�ci Ad Worksf Inc Marketing & Public Relations o Produce e-mail blasts to combined email list of Temecula general interest subscribers to www.temeculacalifornia.com as well as developed email list to participants of Chili Cookoff, Temecula Street Painting Festival, and Temecula Bluegrass Festival. Emails will promote events and activities and follow all ANTI -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.) o Produce event sites and event invitations on Myspace, Facebook and other social networks as deemed necessary for the event. o Provide On -Site Youtube uploads of each event o Produce and pursue appropriate prizes for contestants of Chili Cookoff and Street Painting Festival o Utilize social network marketing for promotion ❑ Provide on-site laminated 8.5x11"event locater signage for event activities o Coordinate with City of Temecula Staff o Pursue sponsors for events within this contract. o Collect press clippings and maintain workbooks for each event within this contract ❑ Provide media coverage recap of events within this contract ❑ Meet with city staff up to 12 times per year regarding events of this contract. 21705 Como Street " Witdomar " California 92595 Phone A (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Work!, Ine Marketing & Public Relations EVENT DESCRIPTIONS: SUMMERFEST Hot Summer Nights: July 12 -Aug 30, 2013 Hot Summer Nights continues to grow in local popularity drawing audiences from Temecula, Murrieta, Menifee, Lake Elsinore and Fallbrook. Friday night events will begin July 12 -August 30, 2013, Labor Day Weekend. When bands are placed on private property or adjacent parking lots, the business owners have agreed to provide a sponsorship of $100-$300 per band depending on the band quality and size. On weekends where bands are not scheduled on these private properties, the property owners will continue with providing entertainment as part of the Hot Summer Nights campaign - at their expense. The Budget for 2014 is $39,000, representing a $4500 cut from 2013. Locations of entertainment: • Sam Hick's Park • Harmony Stage/Harmony Gift Store parking lot $100/week/8 weeks • 5th Street and Front/and or Parking Lot at Texas Lil's • In Front of Temecula Cheese Company • Sweet Lumpy's • Baily's Courtyard $300/week/8 weeks • Corner 4th and Old Town Front Street • Corner Main and Front Street 21705 Como Street A Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia com Ad Works, Inc Marketing & Public Relations EVENTS AND ACTIVITIES • 8 Weeks, July 12- August 30 • PARTY AT SAM HICKS PARK: 7 of the 8 Fridays, the Hot Summer Nights Budget will provide a band at the gazebo at Sam Hicks Park, Party jumps and where/when available a musical workshop. Current workshops include Rub Board (Cajun) and Bluegrass. Additionally the Valley Winds Swing Band will play twice at this location. • Deejay/Emcee • Dynamite Dave Weekly • Party Jump • Bands and various locations 21705 Como Street ^ Wildomar A California 92595 Phone ^ (951) 252-5649 (951) 678-1456 it Fax (951) 678-5467 E-mail Melody©temeculacalifornia.com - Website: www. Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations QUILT SHOW October 5, 2013 This event is popular with the merchants and out of town visitors. The Quilters in the Mist organization that produces the event has asked for City help to make the event grow. City Funds for this show are used for rental equipment and marketing and promotion. This includes creating a postcard that is distributed to California Quilt Guilds and Shows, providing flyers and advertising to support the event and increase attendance. This budget was cut from $3,050 to $2,050 in 2012-13, $1,000 resulting in a reduction of local advertising (The Press -Enterprise, Neighbors, Kfrog). The postcards distributed to California Quilt Guilds and shows are critical to bringing in the California market of more than 200 quilting guilds to the show and will remain part of the support for the quilt show. The Budget for 2013 is $2050. Economic Impact of Quilting in the United States, According to a 2010 survey conducted by TNS Global, Inc, • Total quilters in U.S. exceeds 21 million • Estimated dollar value of quilting industry is $3.58 billion • Average dedicated quilter is 62 years old, well-educated, with HH income of $91,602 • Dedicated quilters Spend on average $2422 per year on quilting • There are more than 200 quilting guilds in the State of California • Each year Guilds from around California attend the Outdoor show by Busloads. • Quilts hung in Old Town Temecula have values from $500 to $2,000 • One of the largest quilt shows on the West Coast is in Sisters Oregon and attracts 12,000 visitors for the one -day show. Temecula's show draws between 6,000-10,000. Melody's Ad Works Inc. will work with the Quilters on permits, advertising, publicity, promotion and coordination of the event. 21705 Como Street A Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com 444 Ad Works, Inc Marketing & Public Relations CITY OF WINTERFEST Old Town Christmas Friday, November 29 to December 22, 2013. The proposed budget of 2013 is $22,000 - the same budget as 2012 which was a $9,000 cut from previous years. This resulted in a reduction of entertainment on the streets, and fewer days for Santa. More specifically, Dickens Carolers were cut one by 5 days, and musical entertainment throughout the weekends was cut entirely. Additionally advertising was cut, and thereby focused on the three main weekends: Opening/Thanksgiving, Ice Rink Opening, and New Year's Eve. Winter Wonderland 2012 was not included in advertising for 2012. Rack Cards and flyers to the schools which included Winter Wonderland were also cut in 2012. This will remain the same for 2013. To improve guest experience, The City will invite school and church choirs to carol through Old Town on Saturdays of the Winterfest Schedule. Santa's arrival will be aboard the horse drawn sleigh on Thanksgiving Friday, November 29. Santa will offer visits 10 days for the 2013 year. This will include November 29, 30, December 1, 7, 8, 13, 14, 15, 20, 21. The 21st will be Santa's final day in Old Town. The Schedule has changed slightly due to the late Thanksgiving weekend and has added an additional evening on December 20, Friday to help support the Ice Rink and evening traffic. Santa will also be on site December 13 for the Ice Rink Opening/Winter Wonderland. The Budget for 2013-14 is $22,000. NEW YEAR'S EVE: New Year's Eve will continue as a First Night and sponsors will be pursued to support the arts and crafts of the evening. A request to put the Art in Motion, Face Painting and balloon hats indoors due to the chill was made. Additionally, $1,000 has been added to improve the aesthetics of the "Year" lighting for the countdown. An LED or GOBO lighting will be pursued. LED Video boards can provide sponsorship dollars. The Budget for 2013-14 is $9750. 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 Worksf Inc Marketing & Public Relations Bluegrass Festival March 15-16, 2014 The 2013 event included a concert from three of the headliners in the OLD TOWN TEMECULA COMMUNITY THEATER - ALL PROCEEDS OF THE SOLD OUT CROWD @$20 per person WENT TO THE THEATER BOTTOM LINE. Surveys of the RV owners demonstrated that the visitors would spend $300 in Old Town Temecula while in town for the event. ($60,000 sales in town). The 2013 event experienced great crowds at all stages, and good weather. This year $850 was derived from vendor fees, approximately $6,000 in theater ticket sales. The 2013 budget was $29,275. The 2014 Budget is $30,275. 2014 Festival • Friday entertainment will provide $500 from budget to assist Old Town Temecula Community Theater with Friday Night Cajun Concert, and Bayou Brothers opening act. • Daytime concerts on Saturday will be cut from previous years of 11 a.m. to 7 p.m., to 11 a.m. to 5 p.m., • Daytime concerts on Sunday will be cut from previous years of 10 a.m. (gospel concert) to 5 p.m. to 12 noon to 5 p.m. ■ Advertising will remain the same as this event utilizes direct marketing, marketing through clubs and minimal local advertising. • A national headliner will still be scheduled with the current budget, as well as popular west coast bluegrass bands. 2014 Cost Recovery • Use 3 headline bands for paid concert Saturday evening in the theater. This has sold out 4 years running @ $20 per person, or approximately $6,000 in revenue for the Theater. • Assist in promotion of Friday Night Concert to Bluegrass campers ■ Raise camper fees for RVs from $30 to $40 for the weekend, and receive $10/camper from vendor approximately $1,000. NOTE TO PUBLIC WORKS AND THEATER (signage) - Bluegrass is ONE WORD. 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 Works, Inc Marketing & Public Relations Western Days May 17 & 18, 2014 HIGHLIGHTS OF 2013 In 2013 the Temecula Western Days Chili Cookoff was designated as one of the top 125 Cookoffs in the United States. Winners of the Temecula Contest advance to World Championships - this year competing in Palm Springs October 11-13, 2013. The 2013 Chili Cookoff had 36 contestants, with 26 competing in Red Chili, 16 in Chili Verde and 12 in Salsa. Additional categories included Restaurant competition between Rosa's Cantina, The Bank, Temecula Lavender Company, Chili Roaster, and Texas Lil's. 22 participated in people's choice. A $250 donation was made to Boy Scout Venture troop 604 for handling the ticket Sales. The ICS Chili Cookoffs distribute more than $1 million annually to charities within their communities. After cash award payouts, the cookoff netted $1,172 in fees and peoples taste awards. $1080 was raised through vendor fees. Net Revenue recovery: $2252. The 2012 Budget was $10,100. The new 2013 & 2014 budget is $7,850. To accommodate the cuts the following activities are brought in as vendors(free - charge fee to guests) or buskers(free for tips): • Petting Zoo • Pony Rides (unless free vendor can be obtained that charges) • Musical performers (western music unless performers will entertain for free) What remains: • Gunfights • Calf roping • Chili cookoff The 2014 Event will include the ICS Chili Cookoff. Promotion will begin in January for the Cookoff. Sound system used for Chili Cookoff — DONATED BY MELODY'S ADWORKS INC. in 2008, 2009, 2010, 2011, 2012and 2013. 21705 Como Street ^ Wildomar A California 92595 Phone A (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com eheA Act Works, Inc Marketing & Public Relations Street Painting Festival & Plein Air Festival June 20, 21 & 22, 2014 HIGHLIGHTS OF 2012 EVENT: In 2012 the Ralph Love Plein Air and Street Painting Festival joined with the Arts Council of Temecula Valley and the City to produce an arts festival with art exhibits. Prize money for the Plein Air Artists was increased by $1,000 through the Arts Council and the number of participants increased. Plein Air artists painted from Monday through Saturday in vignettes around Old Town Temecula. The Temecula Street Painting Festival has a unique quality to other festivals. It is recommended to other artists throughout California and often we receive new registrations through referrals as being "friendly" with plenty of open space, shade, water, and support. It is also unique for the free access to youth and families with the most "family and children" drawings of a California Street Painting Festival. We also are one of the few festivals to offer the chalk to children free. This practice has caused the event to develop loyal street painters. Many of our adult painters started in 2001 as teenagers. The Old Town Temecula Street Painting Festival is also part of a cooperative group of festivals that cross promote including the I Madonnari Festival and Santa Barbara Festival. In 2012 the Festival had: • 91 large (60-120) square feet Murals by professional muralists, artists, and youth solo pointers • 142 artists were participating either in teams as street painters or plein air artists (In 2007 we had a total of 72 artists participating) • Over 600 small family and children murals (2'x2') • Average unique visitors through Town Square Saturday and Sunday from 11 a.m. to 3 p.m, 1,500 per hour 21705 Como Street ^ Wildomar ^ California 92595 Phone A (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia com Ad Works, Inc Marketing & Public Relations The2013 Budget was cut by 19.5% (from 2012). The Budget for 2014 is $8250 To keep this budget at this amount the Temecula TCSD will provide the following items - and are not included in the event budget of $8250. City TCSD to provide following event facilities NOT included in this budget: • (2) 10x20 ez ups • (4) 8 -foot tables, • 20 plastic chairs, • 2 light standards for evening art work, • 10-12 EZ Ups or 16 Umbrellas, 30 sand bags, environmental health permit for food vendors, • bottled water for 140 artists, • minimum 2 bottles of water per day per artist - • 140 artists=560 bottles of water, or 24 cases of 24 bottles (if 8 oz bottles, double amount) The Old Town Temecula Event Budget will provide • Pastel Chalk approximately $1200-$1500 • Prize money for street painter, and • Prize money for plein air artists, • Ribbons, • Porta potties, 2 standard 1 handicap, • (2) wash stations, • (2)chains and stanchions. • Hand wipes • Advertising & Marketing • Postage for application mailings • Deejay to announce awards at 4:30 p.m., Sunday. Melody's Ad Works Inc., will donate the following as the firm has since 2005 • Gatorade and Breakfast Saturday & Sunday • Non-cash prizes for other street painting categories • Photography • Refreshments for reception on Sunday • Donation to Boy Scouts who assist with the event setup Friday, Saturday and Sunday. 21705 Como Street A Wildomar A California 92595 Phone A (951) 252-5649 (951) 678-1456 " Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Work', 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 Ad Works, 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 A California 92595 Phone " (951) 252-5649 (951) 678-1456 " Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com (7Z- 11ClL/,cl Ad Works, Inc Marketing & Public Relations WEEK OF • Confirm arrival time for o Facilities o Entertainers o Public Works o Road Closures or supplies o 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 o Proof/revisions 1 week o 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. Melody's Ad Works Inc. $ 45,000 21705 Como Street ^ 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 Ad Works, Inc Marketing & 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, copies of applications, copy and fax costs, 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. Any City of Temecula requirements (insurance, permits, business license, and/or processing procedures) of Melody's Ad Works, Inc. that result in direct increased cost to Melody's Ad Works, Inc. and are additional to previous year's requirements, will be billed to the City of Temecula at cost for said items separate from this agreement. Melody's Ad Works, Inc maintains General Liability Insurance of $1,000,000, and auto liability of $1,000,000 per accident and assigns the City of Temecula as additional insured. Melody Brunsting, president is the sole employee of the company and therefore not required by law to carry workman's compensation. Melody's Ad Works, Inc. has analyzed the past 13 years of servicing this account and found the amount of reimbursables is the minimum required to provide for the events. This amount is $6,500 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 Awards for Media Relations, Marketing, Social Media Campaign and Promotions. Winner of the Calfest Award for Best Marketing Campaign, 2009, 2010, 2011, 2012 21705 Como Street " Wildomar " California 92595 Phone A (951) 252-5649 (951) 678-1456 " Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Event Event Budget Items Provided by City Items Provided by Consultant Bluegrass Festival $ 30,275.00 None Obtain outdoor sound & stage Book entertainment Western Days $ 7,850.00 None Gun Fighters Book entertainment Chili Cook-off Coordination Street Painting $ 8,250.00 4 - 10X10 shade structures 4 - 8 foot tables 20 - plastic chairs 2 - temp light towers 16 - umbrellas for artists 24 - cases of 24 bottled water 30 - sand bags Environmental health permits Colored chalk Prize money for artists Ribbons 2 - temp restrooms (standard) 1- temp restroom (handicapped) 2 - wash stations chains and stanchions Quilt Show $ 2,050.00 6 - 10X10 shade structures 8 - 8 foot tables 16 - plastic chairs Riser/stage for auction Coordinate quilters and merchants Quilters obtain their own permits Winterfest $ 22,000.00 4 - Saturday carolers 4 - Sunday carolers Opening day carolers Community Music Day (school bands) Dynamite Dave Santa Supplies for Santa Supplies for Santa's house New Year's Eve $ 9,750.00 Look for sponsorships Grape maintenance & repair Look for sponsorships Hot Summer Nights $ 39,000.00 None Book bands Entertainment Total $ 119,175.00 Special event budget to be paid to event entertainment, rentals, promotions and supplies. For all events above, consultant will provide event planning, coordination, advertising and marketing. EXHIBIT B Payment Rates and Schedule Services Rendered for annual events in Old Town Temecula: Hot Summer Nights $12,000 Winterfest $12,000 New Year's Eve $ 5,000 Quilt Show $ 4,000 Bluegrass Festival $ 4,000 Western Days $ 4,000 Street Painting Festival $ 4,000 $45,000 Reimbursables — not to exceed $6,500 Total Contract Amount $51,500 NOTE: Any amounts reimbursed shall be deducted for event budget. Item No. 21 TO: FROM: DATE: SUBJECT: TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT General Manager/Board of Directors Kevin Hawkins, Director of Community Services June 25, 2013 Agreement for Entertainment and Technical Services PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: Approve an Agreement with Timmy D' Productions in the amount of $58,000 to provide entertainment and technical services including sound, stage, and lighting at Citywide special events and programs. The total is not to exceed $58,000, plus a contingency of 10% in the amount of $5,800 for a possible combined total of $63,800. BACKGROUND: The Community Services Department offers approximately 95 special events throughout the year with many needing entertainment and/or technical services. Timmy D' Productions has established a proven record of providing superior services and quality support for the increased number of programs and major special events offered throughout the City. The following is a brief 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 Summer Concert Series Moonlight Movies in the Park September 11th Remembrance Pool Parties Family Fun Nights Aglow in the Park Memorial Day Events FIT Events Teen Events and Programs Community Health and Wellness Fair Sister City's Anniversaries Movies in Old Town Concerts in Old Town FISCAL IMPACT: Funds to provide technical support at City-wide special events and programs are available in the Fiscal Year 2013-14 budget. ATTACHMENTS: Agreement NON-EXCLUSIVE AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TIMMY D' PRODUCTIONS ENTERTAINMENT AND TECHNICAL SERVICES THIS AGREEMENT is made and effective as of July 1, 2013, 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"). 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, 2013, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2014, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Entertainer 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 shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Entertainer shall at all-time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Entertainer shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Entertainer hereunder in meeting its obligations under this Ag ree me nt. 4. LOCATION AND REALIABILITY OF PERFORMANCE The date, time, and location of Entertainers performance 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, 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 Eight Thousand Dollars and No/100 ($58,000.00) annually unless additional payment is approved as provided in this Agreement. b. Entertainer will submit invoices 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's fees, it shall 1 give written notice to Entertainer 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 shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. The General 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. 6. NON-EXCLUSIVE AGREEMENT Entertainer understands this is a non-exclusive Agreement between the City and Entertainer and no guarantee of work or cost as outlined in Sections 2 and 5 is given or implied. 7. EQUIPMENT/MATERIALS Entertainer(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 shall be fully responsible for paying any legally required royalties of fees for the use by the Entertainer of copyrighted material and shall comply at all times with all applicable copyright laws. 9. ASSIGNMENT The Entertainer 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, Entertainers 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. 10. SUSPENSION, TERMINATION, OR CANCELLATION OF PERFORMANCE AND AGREEMENT WIITHOUT CAUSE 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 at least ten (10) days prior written notice. Upon receipt of said notice, the Entertainer 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 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 2 pursuant to this Section, the Entertainer will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 11. DEFAULT OF ENTERTAINER a. The Entertainer's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Entertainer is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Entertainer for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Entertainer. If such failure by the Entertainer to make progress in the performance of work hereunder arises out of causes beyond the Entertainer's control, and without fault or negligence of the Entertainer, it shall riot be considered a default. b. If the General Manager or his delegate determines that the Entertainer is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Entertainer with written notice of the default. The Entertainer 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 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 agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment 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'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 of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 13. INSURANCE REQUIREMENTS Entertainer 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, 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 Entertainer owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Entertainer has no employees while performing under this Agreement, worker's compensation insurance is not required, but Entertainer 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 Entertainer's profession. b. Minimum Limits of Insurance. Entertainer 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 Entertainer'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. 2) endorsed to state: should will endeavor to mail thirty 3) limits the Entertainer shall notify the City via certified policy. Each insurance policy required by this agreement shall be the policy be canceled before the expiration date the issuing insurer (30) days' prior written notice to the City. If insurance coverage is canceled or, reduced in coverage or in within two (2) business days of notice from insurer phone, fax, and/or mail, return receipt requested of the changes to or cancellation of the 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 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's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 4 14. INDEPENDENT CONTRACTOR a. Entertainer 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 shall at all times be under Entertainer's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Entertainer or any of Entertainer's officers, employees, or agents except as set forth in this Agreement. Entertainer shall riot at any time or in any mariner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Entertainer shall riot incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any mariner. b. No employee benefits shall be available to Entertainer in connection with the performance of this Agreement. Except for the fees paid to Entertainer as provided in the Agreement, City shall riot pay salaries, wages, or other compensation to Entertainer for performing services hereunder for City. City shall riot be liable for compensation or indemnification to Entertainer for injury or sickness arising out of performing services hereunder. 15. LEGAL RESPONSIBILITIES The Entertainer shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any mariner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Entertainer 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 to comply with this section. 16. RELEASE OF INFORMATION a. All information gained by Entertainer in performance of this Agreement shall be considered confidential and shall not be released by Entertainer without City's prior written authorization. Entertainer, 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 gives City notice of such court order or subpoena. b. Entertainer shall promptly notify City should Entertainer, 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 and/or be present at any deposition, hearing or similar proceeding. Entertainer agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Entertainer. 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. 5 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 riot 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. Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 To Consultant: 18. LICENSES Timmy D' Productions Attn: Timmy Daniels 41655 Reagan Way, Suite J Murrieta, CA 92562 At all times during the term of this Agreement, Entertainer 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 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, or Entertainer's sub -contractors for this project, during his/her tenure or for one year thereafter. The Entertainer 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 or Entertainer's sub -contractors on this project. Entertainer 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. 6 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 warrants and represents that he or she has the authority to execute this Agreement on behalf of the Entertainer and has the authority to bind Entertainer to the performance of its obligations hereunder. The General Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Timmy D' Productions DISTRICT By: By: Jeff Comerchero, TCSD President Timothy W. Daniels, President ATTEST: By: By: Susan W. Jones, MMC, City Tori M. Daniels, Vice President Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney ENTERTAINER Timmy D' Productions Timothy Daniels 41655 Reagan Way, Suite J, Murrieta, CA 92562 (951) 693-1680 (951) 305-3171 timmyd@timmyd.com 8 PM Initials: 049Date: EXHIBIT A TASKS TO BE PERFORMED Entertainer/Agent and/or his employees, sub -contractors and/or any entertainers/performers shall provide performances, on an as -needed basis, upon request of the Temecula Community Services District, Entertainer/Agent recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the District and the Entertainer/Agent for future performances at District/City events and recreational activities. The procedure for assigning work is set forth as follows: 1. The General Manager and/or the Director of Community Services or their designees 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. 2. Within five (5) business days of the date of the written or verbal request for performance, the Entertainer shall respond in writing with an event price quote/Agreement along with an 8x10 black and white photograph of the performer(s), a biography of the performer(s) and specific detailed information concerning the nature of the performance. The Entertainer/Agent shall also disclose if performance will be provided by Timmy Daniels, any personnel employed by Timmy D' Productions, or by a contractual entertainer/performer hired and represented by Timmy D' Productions. 3. Special Effects — No pyrotechnics or special effects of any kind shall be allowed as any part of a performance for the District/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 consent of the General Manager or authorized designee. 4. Upon acceptance of the Entertainer's response by the General Manager and/or the Director of Community Services or their designees, the Entertainer shall proceed to "book" the event. The Entertainer's performance or the performance of any sub- contractors of any event shall be pursuant to the terms of this Agreement. 5. Performances throughout the term of the Agreement may include and may be limited to the following: 4th of July Extravaganza Summer Concert Series (June, July and August) Moonlight Movies in the Park (June, July and August) September 1 1th Remembrance Pool Parties Family Fun Nights Aglow in the Park 9 Memorial Day Event FIT Events Teen Events and Programs Community Health and Wellness Fair Sister City Anniversaries Easter Egg Hunts Movies in Old Town Concerts in Old Town EXHIBIT B PAYMENT RATES AND SCHEDULE The General Manager and/or the Director of Community Services or their designees 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. The Entertainer/Agent will then submit a quote for services based upon the specific requirements of the request. The General Manager and/or the Director of Community Services or their designees must approve the fee for each request prior to officially scheduling the performance. In any event, the cost of such services, while not guaranteed as per Section 5 of this Agreement, shall not exceed a total of $ 58,000. 10 DEPARTMENTAL REPORTS Item No. 22 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Community Development DATE: June 25, 2013 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Senior Management Analyst RECOMMENDATION: Receive and file. The following are the recent highlights for the Community Development Department in May. CURRENT PLANNING ACTIVITIES New Cases: The Planning Division received 48 new applications for administrative, other minor cases, and home occupations including 14 applications for public hearings during the month of May. A detailed account of current planning activities can be found at the end of this report. Mercedes Benz: The Mercedes Benz project, located at the northwest corner of Ynez Road and Waverly Lane, was first approved at the July 9, 2008 Planning Commission hearing. A Supplemental EIR was also adopted for the project at that Planning Commission hearing. On February 22, 2013, a Major Modification application was approved to reduce the size of the Mercedes Benz dealership building from approximately 80,000 square feet to 50,258 square feet. The modification application also revises the architecture of the building. The grading permit was issued to the applicant on April 1, 2013, and the building permit was issued on April 23, 2013. Construction of the project is ongoing and opening of the dealership is anticipated in the spring of 2014. (RICHARDSON, FISK) Subaru: On February 6, 2013, the Planning Commission approved an application for a Major Modification for the construction of a new 2,040 square foot Subaru sales building at the existing Mazda of Temecula site located at the southwest corner of Ynez Road and DLR Drive. The new building will include an indoor display area for vehicles as well as administrative offices. Servicing of Subaru vehicles will occur within the existing service bay area of the Mazda dealership. The permit for precise grading was issued on April 29, 2013 and a building permit for the building foundation was issued on April 22, 2013. Construction of the building is ongoing and the building is expected to be open for business in August 2013. (FISK) Temecula Regional Hospital: This project was approved by City Council on January 22, 2008. Vertical construction for the first hospital bed tower began on February 13, 2012 and erection of the structural steel was topped out on March 22, 2012, and was substantially complete on May 16, 2012. The building is framed and the drywall has been installed. Interior walls have been painted, suspended ceilings have been installed, installation of flooring is nearly complete, the air handling units are operational, and the elevators are operational. The installation of kitchen equipment has been completed. The scaffolding at the rotunda has been removed, the asphalt for the parking lot and access drives has been completed, and landscaping is being installed at the east side of the project site. Medical equipment is being installed throughout the building and furniture is arriving and being set in place. Construction is on schedule for a July 22, 2013 Certificate of Occupancy from OSHPD, obtaining State licensing by August 20, 2013, and opening for patients by September 2, 2013. On May 31, 2013, staff received a Major Modification application to modify the site plan and heliport Conditional Use Permit to relocate the heliport from an area near the northeast corner of the hospital building. UHS has indicated that the heliport needs to be relocated based on concerns from the FAA and the aeronautical division of Caltrans. UHS is proposing two phases of movement for the heliport: Phase I would place the heliport to the west of the hospital building, in one of the parking lot areas. Phase II would place the heliport on the roof of the second hospital tower. In both cases the proposed locations result in a change to the flight path that move the flight path away from the Summerhouse residential project and changes the flight path to either head directly into or away from the prevailing wind direction (rather that perpendicular to the prevailing winds) as directed by the FAA and aeronautical division of Caltrans. This application is currently being reviewed and will require the preparation of a Supplemental EIR before being scheduled for public hearing (FISK) LONG RANGE PLANNING The Long Range Planning Division works toward larger scale and longer time frame projects. These activities can range from an environmental review to a new specific plan or a general plan amendment. Some of the major projects and long range planning activities currently in progress are described below. Bike Lane and Trail Program: On October 9, 2012, City Council adopted a resolution to reaffirm and clarify the Bike Lane and Trail Program Map. The map identifies existing bike lanes and trails, but also identifies gaps that need to be closed to complete a citywide network. The map classifies future bike lanes and trail routes to develop an Old Town to Wine Country Trail, a Lake Skinner Trail, and a Temecula Loop around the entire City. In February 2013, the Trails Subcommittee, consisting of Mayor Naggar and Council Member Washington, directed staff to solicit proposals for an update to the Multi -Use Trails and Bikeways Master Plan. The Request for Proposal called for a two -phased approach by the selected consultant. Phase I will focus on public outreach workshops and citizen input and Phase II will update the new Multi -Use Trails and Bikeways Master Plan. The contract was awarded to KTU+A by the City Council in May. On May 14th, the City was recognized by the League of American Bicyclists as a Bronze Level Bicycle Friendly City. An award will be presented to City Council on June 11th for this accomplishment. On May 16th, the City held its first annual Bike to Work Day, where dozens of employees rode their bikes from three parks around the City. (PETERS) Jefferson Avenue Study Area Specific Plan: The Jefferson Avenue Study Area encompasses approximately 560 acres and is located north of Rancho California Road, west of Interstate 15, south of Cherry Street and east of Diaz Road. In January 2011, City Council established the Jefferson Avenue Ad Hoc Subcommittee comprised of Mayor Ron Roberts and Council Member Jeff Comerchero. The Specific Plan is intended to guide the revitalization of this area over the next 15- 30 years. A project website was established, www.envisionjefferson.orq, to track the visioning process and provide ongoing updates and information, via the web, to the public during the visioning process. Staff is currently developing the Specific Plan framework based on the eight recommendations and goals that emerged from the public visioning process. Public meetings to present sections of the draft Specific Plan will occur intermittently over the next nine months including the first Steering Committee meeting scheduled for July 16, 2013 at 6:00 pm in the Conference Center. The Environmental Impact Report will be prepared simultaneously as the Specific Plan document is developed. The EI R scoping meeting is scheduled for June 27, 2013 at 6:00 pm in the Conference Center. Plan completion is anticipated in early 2014. On May 2nd, the Envision Jefferson Avenue project was awarded the American Planning Association's I nland Empire Section 2013 Education Award. The Envision Jefferson Avenue project also won an honorable mention award for the Southern California Association of Governments 2013 Compass Blueprint Awards Program. (RICHARDSON, WATSON, INNES, WEST) Twin Cities Transit Center Feasibility and Siting Study: On October 25, 2012, the Riverside Transit Agency (RTA) selected Psomas Engineering as the lead consultant to pursue a siting and feasibility study for the Twin Cities transit center. The purpose of this study is to evaluate viable sites for a multi -modal transit center, to be located either in the City of Temecula or Murrieta. The study will evaluate which sites will best serve the needs of RTA, as well as the citizens of Temecula and Murrieta, while providing convenient connections to future Bus Rapid Transit (BRT), future High Speed Rail, third party carriers, and bicyclists. The project is fully funded with a combination of Federal, State and local monies, totaling $9.1 million. The multi -modal transit center is anticipated to consist of 10-14 bus bays. A Mitigated Negative Declaration will be completed for the selected preferred transit center site. Steering committee meetings will be held on a monthly basis from March 2013 - December2013. (RICHARDSON, BUTLER, WATSON, GONZALEZ, INNES, WEST) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) & HOUSING Community Development Block Grant (CDBG): The total anticipated FY 13-14 CDBG allocation fr the City of Temecula is $380,446. The Finance Subcommittee, consisting of Mayor Naggar and Councilmember Washington, recommended allocating 20 percent for program administration and fair housing services ($76,089), 15 percent for public services ($57,067) to be divided evenly between seven non-profit service providers, and the remaining 65 percent for infrastructure improvements ($247,290). The City Council adopted the Action Plan with the recommendations made by the Finance Subcommittee on April 23, 2013. The approved Annual Action Plan was submitted to HUD in May. (WATSON, WEAVER) 2014-2021 Housing Element Update: State law requires the City to adopt an updated Housing Element and have it certified by the State Department of Housing and Community Development (HCD). City staff is collaborating with Pacific Municipal Consultants (PMC) to assist with the update of the Housing Element. Project efforts began in July 2012. Public outreach efforts include one workshop, a public review period, and two public hearings. On December 3, 2012, the City held a community workshop to discuss the Housing Element Update, and receive input from Temecula citizens regarding housing needs. The preliminary administrative draft was submitted to HCD in late March and staff is awaiting comments. The project is on schedule for adoption by the City Council prior to October 15, 2013. (WATSON, WEAVER) ENERGY & CONSERVATION PROGRAM ACTIVITIES Western Riverside Energy Leadership Partnership: This Partnership, which consists of 11 WRCOG member cities and Southern California Edison (SCE), provides incentives for participating cities to develop energy efficiency leadership within their communities. Program activities include implementing energy efficiency measures and benchmarks, creating an energy action plan, developing a revolving energyfund, and providing opportunities for the communityto take action. In March, Temecula was the first city in the Partnership to achieve a Gold Level status by completing 13 energy efficiency projects in FY 2012-13, increasing the total utility cost savings to nearly $100,000 since 2004. These savings will be used to fund future energy efficiency projects, resulting in further savings to the City. Representatives from the City will attend the Statewide Energy Efficiency Collaborative Best Practices Forum in June 2013. (WEST) Municipal Facility Energy Benchmarking: This project establishes the baseline performance of City facilities by assessing energy performance and water efficiency using the Environmental Protection Agency's Portfolio Manager. This effort will enable the City to track the performance of facilities over time and determine the cost effectiveness of policies, operational changes, and energy efficiency improvements. It is anticipated a report including benchmarking policies will be brought to the City Council in mid -2013. (WEST) Energy Action Plan (EAP): A draft Community Energy Action Plan and draft Municipal Energy Action Plan have been prepared. These Plans establish the baseline energy use and forecast energy demand of City owned and operated facilities, and energy use and demand within the community. These Plans also establish energy reduction goals, policies, and implementation actions to achieve the goals of each Plan. It is anticipated the Municipal Energy Action Plan will be brought to the City Council in mid -2013. (WEST) The Green House Gas (GHG) Emissions Inventory: A draft greenhouse gas emissions inventory has been prepared for City owned and operated facilities, as well as for the community. Data from the Energy Action Plans was used to establish a baseline for the emission inventories. The emission inventories will be incorporated into the Western Riverside County Climate Action Plan, which will establish policies to implement strategies that address state legislation AB 32 and SB 375. The Action Plan proposes to address overall greenhouse gas emissions in Western Riverside County by identifying emission reduction targets, and developing GHG emissions reduction measures. A draft Action Plan and emission inventory is currently being reviewed by staff. (WEST) Revolving Energy Fund: This project establishes the framework to institute a revolving energy fund, which will tie together the efforts of the Municipal Facility Energy Benchmarking and the Energy Action Plan to provide an ongoing funding source, which will improve the energy efficiency of City facilities, resulting in annual utility savings. It is anticipated the report will be brought to the City Council in mid -2013. (WEST) Solid Waste and Recycling: Staff manages the City's Solid Waste and Recycling Franchise Agreement with CR&R and acts as a liaison between the City and CR&R and their customers. The City and CR&R provide two citywide collection events each year. Residents can bring electronic waste, appliances, and large miscellaneous hard to handle items to these events. The temporary Household Hazardous Waste Collection Events (HHWE) and the Backyard Composting Workshops are County of Riverside Waste Management programs and are open to all Riverside County residents. The 2013-14 rates for residential and commercial solid waste and recycling rates will be brought to the Executive Board of the Temecula Community Services District and the City Council on June 11, 2013. (WEST) BUILDING & SAFETY Inspections: During the month of May, Building and Safety conducted 1,631 inspections. On average, there were 74.13 inspections per day, or 21.18 per inspector, per day. Foreclosure Tracking: Building and Safety works with the local real estate community to monitor foreclosures, real estate owned properties, and properties in default in both commercial and residential development. The following charts demonstrate the past 6 months of foreclosure tracking activities in Temecula. Residential foreclosures, defaults, and REOs have decreased by almost half of their value from December 2012, while commercial numbers have declined by 41 %. Residential Foreclosure Tracking Commercial Foreclosure Tracking DECEMBER 2012 JANUARY 2013 FEBRUARY 2013 MARCH 2013 APRIL 2013 MAY 2013 DEFAULT 232 162 127 133 147 137 FORECLOSED 333 263 237 197 189 156 REO 151 157 113 103 98 83 TOTALS 716 582 477 433 434 376 Commercial Foreclosure Tracking CODE ENFORCEMENT In the month of May, Code Enforcement responded to 53 web complaints from constituents. In addition, they opened 157 cases, 116 of which were residential and 41 were commercial. Code Enforcement also pulled 350 non -conforming signs in the community. The breakdown of Code Enforcement responses can be found in the following chart. DECEMBER 2012 JANUARY 2013 FEBRUARY 2013 MARCH 2013 APRIL 2013 MAY 2013 DEFAULT 12 8 8 9 6 8 FORECLOSED 2 6 3 2 4 3 REO 74 67 69 71 68 41 TOTALS 88 81 80 82 78 52 CODE ENFORCEMENT In the month of May, Code Enforcement responded to 53 web complaints from constituents. In addition, they opened 157 cases, 116 of which were residential and 41 were commercial. Code Enforcement also pulled 350 non -conforming signs in the community. The breakdown of Code Enforcement responses can be found in the following chart. May 2013 Code Enforcement Cases TYPE OF CODE CASE RESIDENTIAL COMMERCIAL TYPE TOTAL Abandoned or Inoperable Vehicle 14 1 15 Vacant Home / Prop. Maintenance / Rodent infested 1 1 2 Business or Home Occupation w/o license 2 2 4 Trash and Debris / Parking lot maintenance 14 1 15 Overgrown Vegetation / Weeds / Fire Hazard 42 1 43 Green Pool / Vector Control 5 1 6 Graffiti 4 2 6 Trailer/ RV Stored 10 4 14 Contruction w/o Permit 0 1 1 Encroach Public ROW / Trash Cans 6 0 6 Other 18 27 45 TOTAL NUMBER OF CASES 116 41 157 SPECIAL PROJECTS Partnership with USC MPA Capstone Class: The City has partnered with the University of Southern California's Master in Public Administration program. Over the course of the semester, graduate students are paired with organizations to analyze and propose solutions to actual problems these organizations face. A group of students will evaluate the possibility of an Annual Fire Inspection program in the City. A second group of students is doing program analysis within the Community Services Department. Staff received the analyses in May 2013. (LEHNER) Planning Agenda Report 5/1/2013 through 5/31/2013 • PA12-0208 McDonalds CUP APN # 921700002 KENNY TAYLOR A Conditional Use Permit to allow for a drive-thru for a proposed McDonald's (PA12-0207 Development Plan) within an existing commercial center located at 30580 Rancho California Road. This application was approved by the Planning Commission on March 20, 2013, and representatives of the nearby Burger King and Carl's Jr. filed an appeal (PA13-0078) of this approval on April 4, 2013. The City Council denied the appeal on May 14, 2013, thereby upholding the Planning Commission's approval of the project. Submitted Date Approved Date Oct 182012 May 14 2013 APN # • PA13-0024 Blackbird Tavern MCUP 922033005 KENNY TAYLOR A Minor Conditional Use Permit for Blackbird Tavern to upgrade their existing Type -41 ABC license (on sale beer/wine eating place) to a Type -47 (on -sale general beer/wine/distilled spirits eating place) at 41958/41964 5th Street. Submitted Date Approved Date Feb 7 2013 May 1 2013 • PA13-0028 Garage Brewing Minor CUP APN # 922110031 KENNY TAYLOR A Minor Conditional Use Permit to allow for the production of beer for on-site consumption as an ancillary use to a restaurant to be located at 29095 Old Town Front Street. Submitted Date Approved Date Feb 11 2013 May 1 2013 APN # • PA13-0040 Karl Strauss Major Mod 910320042 KENNY TAYLOR A Major Modification for Karl Strauss Restaurant to change the exterior building facades, to expand the service area of the building, to construct a new brewery room addition, and to construct additional patio areas for outdoor dining at 40868 Winchester Road (former On The Border Mexican Grill and Cantina). Submitted Date Approved Date Feb 262013 May 15 2013 • PA13-0050 Canvas and Cabernet CUP APN # 920100038 KENNY TAYLOR A Minor Conditional Use Permit for Canvas and Cabernet, an artistic painting and acrylic canvas creations establishment, to operate under a Type 42 ABC license (on -sale beer and wine) for the sale of beer and wine to art class customers at 39628 Winchester Road, Suite F (Rancho Temecula Town Center). Submitted Date Approved Date Mar 5 2013 May 1 2013 APN # • PA13-0106 Pep Boys TUP 910110069 KENNY TAYLOR A Major Temporary Use Permit for Pep Boys to conduct a "Speed Shop" grand opening event consisting of a DJ booth, car and motorcycle show, and vendors (including food) in the west Pep Boys parking lot from 10 a.m. to 4 p.m. on May 19, 2013, at 40605 Winchester Road. 1 of 6 Planning Agenda Report 5/1/2013 through 5/31/2013 2 of 6 Submitted Date Approved Date Apr 29 2013 May 17 2013 2 of 6 Planning Agenda Report 5/1/2013 through 5/31/2013 • PA11-0275 Bella Linda DP APN # 961450012 ERIC JONES A Development Plan Application for a two-phase residential project. Phase 1 will consist of 325 multi -family apartment units. Phase 2 will consist of 49 single-family cluster units (senior units). The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs 961-450-012, 013, 003) (Related Applications: PA11-0276, 0277). Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD APN # • PA11-0276 Bella Linda Zone Change, PDO 961450012 ERIC JONES A Zone Change and Planned Development Overlay (PDO) Application for a two phased residential project. Both the General Plan and Zoning designations are currently Professional Office (PO). The application proposes to create a Medium Density Residential section (Courtyard Housing) and a High Density Residential Section (Apartments). The PDO will provide architectural and landscape design guidelines. The project is located on the northeast corner of Pechanga Parkway and Loma Linda Road and totals 25.56 acres (APNs: 961-450-012, 013, 003) (Related Applications: PA11-0275 and PA11-0277). Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA11-0277 Bella Linda TTM APN # 961450012 ERIC JONES A Tentative Tract Map Application to create 54 separate residential lots from three existing lots. Four additional lots will also be created: Lots A - C will contain the public right-of-way through the center lines of Pechanga Parkway and Loma Linda Road, and Lot D will consist of a private road. The project totals 25.56 acres and is located on the northeast corner of Pechanga Parkway and Loma Linda Road (APNs 961-450-012, 013, 003) (Related Applications: PA11-0276 & PA11-0275). Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 27 2011 TBD • PA13-0007 TKAC Church CUP APN # 909370012 KENNY TAYLOR A Minor Conditional Use Permit to allow Temecula Korean Adventist to operate a church at 42110 Remington Avenue, Suite A. Submitted Date Anticipated DRC Meeting Date Directors Hearing Jan 11 2013 Jun 202013 • PA13-0072 McDonald's MOD APN # 961080007 KENNY TAYLOR A Major Modification for a facade improvement to an existing McDonald's restaurant located at 31853 Temecula Parkway (Vail Ranch Shopping Center). Submitted Date Anticipated DRC Meeting Date Planning Commision Mar 28 2013 Jul 17 2013 • PA13-0104 Fazeli Cellars CUP 3 of 6 APN # 922033018 KENNY TAYLOR Planning Agenda Report 5/1/2013 through 5/31/2013 A Minor Conditional Use Permit to allow Fazeli Cellars Wine Bar to conduct indoor live music entertainment within an existing building. Hours of operations are Wednesday and Thursday from 12 noon - 8 p.m., Friday from 12 noon - 10 p.m., Saturday from 10 a.m. - 10 p.m., and Sunday 11 a.m. - 6 p.m, closed on Mondays and Tuesdays, located at 41955 Fourth Street, Suite 101 (Old Town). Submitted Date Anticipated DRC Meeting Date Directors Hearing Apr 23 2013 Jun 272013 • PA13-0116 Montego at Roripaugh Ranch APN # 957350003 MATTHEW PETERS A Home Product Review application for Standard Pacific including four floor plans and three elevations for each floor plan ranging in size from approximately 2,400 to 3,500 square feet in Tract 29661-3. The project consists of 100 lots in the Roripaugh Ranch Specific Plan, generally located south of the intersection of Murrieta Hot Springs and Pourroy Roads. Submitted Date Anticipated DRC Meeting Date Planning Commision May 102013 Jun 192013 • PA13-0117 Cambridge at Roripaugh Ranch APN # TR29661 L4 MATTHEW PETERS A Home Product Review application for Standard Pacific including three floor plans and three elevations for each floor plan ranging in size from approximately 2,400 to 3,100 square feet in Tract 29661-4. The project consists of 100 lots in the Roripaugh Ranch Specific Plan, generally located southeast of the intersection of Murrieta Hot Springs and Pourroy Roads. Submitted Date Anticipated DRC Meeting Date Planning Commision May 10 2013 Jun 192013 APN # • PA13-0127 Old Town Pub and Grub 922045033 ERIC JONES A Minor Conditional Use Permit for Old Town Pub and Grub, a bona fide eating establishment, to allow for Type 47 ABC license (on -sale general beer/wine/distilled spirits) and live indoor entertainment consisting of country, light classic rock, located at 28677 Old Town Front Street. Submitted Date Anticipated DRC Meeting Date Planning Commision May 16 2013 Jul 17 2013 APN # • PA13-0135 The Gifting Group MCUP 909360034 ERIC JONES A Minor Conditional Use Permit for The Gifting Group to obtain Type 9,14,17 and 20 ABC licenses to authorize the sale of alcoholic beverages in gift baskets to be sold from their existing facility located at 42210 Zevo Drive (909-360 -034). Submitted Date Anticipated DRC Meeting Date Planning Commision May 22 2013 Jul 17 2013 4 of 6 Planning Agenda Report 5/1/2013 through 5/31/2013 • PA10-0348 Linfield TTM 36098 APN # 955020006 ERIC JONES A Tentative Map application (for conveyance purposes) to allow Linfield Christian School to create four additional parcels. Total parcels within the school property will equal eight. Parcels will range in size between 2.52 - 6.63 acres. Located at 31950 Pauba Road. (Related Applications PA10-0349, Major Mod, and PA10-0347, PDO Amendment) Submitted Date Anticipated DRC Meeting Date Hearing Planned Dec 15 2010 TBD APN # • PA11-0157 Arco Major Modification 959080017 ERIC JONES A Major Modification application to allow an existing gas station to install three new fuel pumps and add 1,000 square feet to the existing convenience store to make room for a deli. Outside seating will also be provided. The project is located at 44239 Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jun 6 2011 TBD • PA12-0073 Crossroads CUP & MOD APN # 910110042 ERIC JONES A Minor Conditional Use Permit and Minor Modification application to allow Crossroads Church to operate within an existing industrial building located at 26090 Ynez Road. The project will be constructed in two phases. Modifications include an expansion of on-site parking spaces and new doors for access to the structure on the front elevation (APN: 910-100-042). Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 12 2012 TBD • PA12-0143 Navy Federal CUP APN # 961410008 KENNY TAYLOR A Conditional Use Permit to allow Navy Federal Credit Union to construct and operate a three lane drive-thru as part of a proposed banking structure located south of the Temecula Parkway and Jedediah Smith intersection (APN: 961 -410-008) (Related Application: Development Plan PA12-0142). Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 242012 TBD • PA12-0178 Gateway Plaza DP APN # 961290002 KENNY TAYLOR A Commercial Development Plan to construct a two-story 29,211 square foot medical office building on a 1.48 acre vacant lot located on the west side of Avenida de Missiones, approximately 300 feet south of Temecula Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned Sep 7 2012 10/18/2012 TBD • PA12-0197 lglesia Ni Cristo Office MOD A Major Modification to allow a new 3,500 square foot church office to replace an existing modular building in the same location at 29385 Rancho California Road. APN # 944290006 KENNY TAYLOR Submitted Date Anticipated DRC Meeting Date Hearing Planned 5 of 6 Planning Agenda Report 5/1/2013 through 5/31/2013 Oct 9 2012 TBD • PA13-0141 UHS Heliport Major Mod APN # 959080001 STUART FISK Major Modification and Supplemental EIR for the Temecula Valley Hospital Development Plan and Heliport Conditional Use Permit to relocate the heliport from the east side of the project site to the west side of the site at 31700 Temecula Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned May 31 2013 6/27/2013 TBD 6 of 6 • '/ r �_ PA,13 0117 _ Au Ail L4PlirStil a _ ;w*'1 �S 4*46.a.4i Vii Nium•viiewer0Mae hitrir- 44,,...,40"..,,....*wm,.. ,Li_41,01.--- irve,4---,_--w•714 -v Itto*1 WO •tit IA i vii e V11511•010 .0 lmi1 uroNwe 7 Rarifow jr%axle IirafAlki:4_414W A .4k. -i PAJ2:01:78 1. Recently Approved 2. Scheduled for Hearing 3. New Submittals Pending DRC Meeting `1111 uiiiIIA �I Item No. 23 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: June 25, 2013 SUBJECT: Police Department Monthly Report PREPARED BY: Will Edwards, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of May 2013. PATROL SERVICES Overall calls for police service 3,017 "Priority One" calls for service 84 Average response time for "Priority One" calls 7.17 Minutes VOLUNTEERS Volunteer administration hours 234 Special Events hours 185 Community Action Patrol (CAP) hours 905 Reserve officer hours (patrol) 51 Training hours 136 Total Volunteer hours 1274 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted 6/5 Residential/Business security surveys conducted 3/6 Businesses visited 46 Residences/Businesses visited for past crime follow-up 0/6 Station Tour 1 Planning Review Projects/Temp Outdoor Use Permits 2/4 Square Footage of Graffiti Removed 3,542 OLD TOWN STOREFRONT Total customers served 220 Sets of fingerprints taken 62 Police reports filed 15 Citations signed off 27 Car Seat Inspections 0 Total receipts $3,978.00 SPECIAL TEAMS (POP / SET) On sight felony arrests 11 On sight misdemeanor arrests 21 Felony arrest warrants served 2 Misdemeanor arrest warrants served 8 Follow-up investigations 7 Parole/Probation Searches 6/14 Pedestrian Checks 37 Traffic Stops/Vehicle Checks 10 Crime Free Housing Checks 32 TRAFFIC Citations issued for hazardous violations 1198 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 31 Non -hazardous citations 694 Stop Light Abuse/Intersection Program (S.L.A.P.) citations 104 Neighborhood Enforcement Team (N.E.T.) citations 94 Parking citations 104 School Zone 102 Seatbelts 67 Cell Phone Cites 398 Injury collisions 26 INVESTIGATIONS Beginning Caseload 162 Total Cases Assigned 79 Total Cases Closed 83 Search Warrants Served 14 Arrests 4 PROMENADE MALL TEAM Calls for service 814 Felony arrest/filings 3 Misdemeanor arrest/filings 27 Traffic Citations 80 Fingerprints/Livescans 199 Total receipts $7,935.00 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 9 Reports 26 Youth counseled 485 Meetings 83 Item No. 24 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: June 25, 2013 SUBJECT: Public Works Department Monthly Reports RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month May and June 2013. DEPARTMENT OF PUBLIC WORKS MONTHLY ACTIVITY REPORT STREET MAINTENANCE DIVISION FISCAL YEAR 2012 - 2013 Date Submitted: June 11, 2013 Submitted By: Greg Buller Prepared By: Rodney Tidwell 4TH QUARTER A • r-13 Ma -13 Jun -13 I FISCAL YEAR TO DATE SCOPE OF WORK Unit Cost WORK i COMPLETED COST WORK j1 COMPLETED i COST WORK ! COMPLETED i COST I_ WORK 1 COMPLETED i COST TOTAL COST FOR LAST FISCAL YEAR ASPHALT CONCRETE Square Footage: Tons: Parking Lot Slurry Seal Square Footage: Gallons $2.97 8,965 141 115,000 1,200 $ 26,626.05 } 17,210 $ 51,113.706 176 i i 1 i $ ( i 1 3,622 63,622 1,187 115,000 1,200 1 j $ 188,957.34 $ 132,767.91 PORTLAND CEMENT CONCRETE Square Footage: PCC Yards: $2.97 $ - $ - $ - $ - I I $ - I $ - 0 $ - 0 1 $ - s - $ - STRIPING & PAVEMENT MARKINGS: Curb & Lines (linear feet): Painted Legends (each): Median Noses (each): Raised Pavement Markers (each): Thermo Plastic Legends (each): $0.07 $8.00 38,815 696 0 116 $ 2,717.05 $ 5,568.00 0 715 0 0 0 $ - $ 5,720.00 i j : $ - j $ - i i 38,821 4,051 $ 10,171.70 $ 32,408.00 $ 424.97 $ - $ - $ 798.56 $ 35,504.00 ' • SIGNS & BANNERS' No. of Signs REPLACED: Material (cost per sign): No. of Signs INSTALLED: Material (cost per sign): No. of Signs REPAIRED: Material (cost per sign): No. of BANNERS installed: $26.39 $50.00 $26.39 $50.00 $26.39 550.00 $28.39 82 11 59 89 $ 2,163.98 $ 4,100.00 $ 290.29 $ 550.00 i $ 1,557.01 $ 2,950.00 $ 2,348 71 58 3 48 87 i $ 1,530.62 i $ 2,900 00 $ 79.17 $ 150.00 $ 1,266.72 $ 2,400.00 i $ 2,295.93 1 $ - I $ - 1 $ - i $ - I$ - 1 $ - ' 1 $ - i 578 173 902 826 i $ 15,253.42 i $ 28,900.00 I $ 4,565.47 i $ 8,650.00 $ 23,803.78 $ 45,100.00 $ 21,798.14 $ 2,269.01 $ 42,950.00 $ 10,150.00 $ 5,357.17 $ 39,500.00 $ 29,398.46 • GRAFFITI REMOVAL No. of Locations: Square Footage: 286 4,228 280 i 3,542 i 1 i I 1441 41,989 DRAINAGE FACILITIES CLEANED Catch Basins: Down Drains: Under sidewalk Drains Detention Basins: $26.39 $26.39 $26.39 $26.39 110 1 $ 2,902.90 0 1 $ - 0 i $ - 13 ( $ 343 07 1 86 i $ 2.26954 1 i $ 26 39 31 i $ 818.09 9 j $ 237.51 $ - $ - $ - $ 1,511 1 429 112 i i $ 39,875.29 $ 26.39 $ 11,321.31 $ 2,955.68 $ 63,995.77 ' • ' TREES TRIMMED No. of Trees Trimmed: $26 39 35 I$ 923.65 37 i $ 976.43 ii $ - 823 j $ 21,718.97 $ 32,222.19 R.O.W. WEED ABATEMENT Area Abated (square feel): $0.034 i 0 j $ - . 18,750 1 $ 637.50 1 $ - 84,334 $ 2,867.36 $ 3,621.14 The Street Maintenance Division also responds to service requests for SERVICE ORDER REQUESTS No of SOR's: a variety of other 62 reasons, the total number of Service Order Requests, 64 some of which include work reported i above is reported monthly. 443 Personnel assigned to the Street Maintenance Division are on-call and Overtime Hours: $39 59 respond to after 57 hours emergencies S 2,256.63 or support City 87 sponsored special $ 3,424 54 events f $ - i 765 1 $ 30,286.35 i $ 50,358.48 TOTALS $ 55,297.34 $ 75,846.14 i $ - $ 489,084.17 $ 448,892.69 $ 131,14348 R 1,4AINTAINV410AGRPTUULY AUG SEPT STREET MAINTENANCE CONTRACTORS The following contractors have performed the following projects for the month of May, 2013 DATE STREET/CHANNEL/BRIDGE DESCRIPTION TOTAL COST ACCOUNT OF WORK C1ZE CONTRACTOR: RENE'S COMMERCIAL MANAGEMENT Date: 05/01/13 OLD TOWN TRASH AND DEBRIS CLEAN-UP FROM SPECIAL EVENT TOTAL COST $ 785.00 Date: 05/02/13 011) IO\VN POST EMERGENT TO "OPEN" RIGHTS-OF-WAY TOTAL COST $13,300.00 Date: 05/02/13 # CITYWIDE POST EMERGENT TO CITY CHANNELS COST ITOTAL. $ 4,750.00 Date: 05/22/13 CITYWIDE POST EMERGENT TO CITY LOTS TOTAL COST $ 8,7.50.00 CONTRACTOR: %V I.ST COAST ARBORISTS, INC. Date: 04/30/13 CITYWIDE TREE AND STUMP REMOVAL FROM WAY CITY RIGHTS-OF- TOTAL COST $ 2,064.00 Date: 05/29/13 CITYWIDE RIGHT-OF-WAY TREE TRIMMING TOTAL COST $ 1,960.00 CONTRACTOR: Date: TOTAL COST Date: TOTAL COST TOTAL COST ACCOUNT #5401 S 4,750.00 TOTAL COST ACCOUNT #5402 $ 25,859.00 TOTAL COST ACCOUNT #99-5402 R: MAINTAIMMOACTRPT DEPARTMENT OF PUBLIC WORKS CONTRACTED MAINTENANCE WORK COMPLETED FISCAL YEAR 2012-2013 Date Submitted: June 11, 2013 Submitted By: Greg Butler Prepared By: Rodney Tidwell SCOPE OF WORK ASPHALT CONCRETE Square Footage JANUARY 0 FEBRUARY {Lo MARCH APRIL V MAY O JUNE Year to Date __ cost $ ' PORTLAND CEMENT CONCRETE Square Footage 0 ��0 0L____ Cost ___ _U ________ $ - DRAINAGE FACILITIES Channels (each) ____{L______________ V__ O 2 � 0 � 2 Cost $ 57.700.00 $ 57.700.00 STRIPING AND PAVEMENT MARKINGS Striping (linear feet) _ O __ V '----- �____--__�_ O -'-'_---'--{�_---'- --_------------'-O-------' Sandblasting (linear feet) ....... ---{L __________ ____________ 0 ___ _________ ....... ---{L ___ ______ 0 ____ -_-''---<o -'_--'- --'---_-_' -p-'----'_ Legends (each) ____O ______ 0 ______ ___ ___ 0____________ 0 _____ ____________p__________________________ _____ cost $ - $ 157,932.19 $ 157.932.18 TREES Trees Trimmed {} �t055 40 Trees Removed ______ ______ ___________ 0___ ______ ______ _______ ________ ___ __{}____ O ______ __ 7 . . . _�� __________________ --' _--],}95----_. 12 Cost $ 1.017.00 $ 87.887.00 $ 3.024O0 $ 96.322.00 WEED ABATEMENT ROW Area Abated (Square Feet) _____________ ______ ______________--'-----'-'---. _____ ____ _____ -'-'---'_--'---D---'__'_ Other Public Lands Abated (Square Feet) _________ _____ _ _ ____________ ________ ______ �_____ Com $ 9.275.00 $ 8.500.00 $ 2,466.58 $ 8.500.00 $ 26.000.00 $ 77,141.58 MISC. MAINT ACTIVITES Cost $ - $ - $ 10.500.00 $ - $ 785.00 $ 15.533.00 TOTAL CONTRACTED MAINT COSTS $ 9,275.00 $ 8.517.00 $ 12,966.58 $ 312.019.19 $ 30'809.00 $ - $ 404,628.77 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS STREET MAINTENANCE DIVISION GRAFFITI REMOVAL FISCAL YEAR 2012-2013 Month Number of Calls Square Footage Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Totals 72 82 57 60 66 104 118 129 187 286 280 3,947 3,260 2,369 2,803 7,861 3,558 3,467 4,632 2,322 4,228 3,542 1441 41,989 9,000 8,000 7,000 6,000 d LL 5,000 cu g. 4,000 N 350 300 250 3,000 2,000 - 1,000 - 0 - Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun •Square • Number Footage of Calls - 200 m u 0 - 150 - 100 - 50 0 CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report May / June 2013 Prepared by: Amer Attar Submitted by: Greg Butler Date: 6/25/2013 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. All mainline utilities were established by the end of May 2012. Landscaping maintenance is complete and the formal certificate of occupancy was released on 05/08/2013. The project was accepted and the Notice of Completion was filed at the June 11, 2013 City Council Meeting. Old Town Civic Center This project constructed the Old Town Civic Center. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist and added work items are complete. Closure of the project is being delayed by business concerns of the general contractor. Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of a mitigation site for the Wolf Valley Creek Channel Improvements - Stage I. City has hired a consultant to map the new proposed area and forwarded the conceptual mitigation approach to the environmental agencies for approval. Consultants have developed a HM MP. At the 02/12/2013 meeting, the City Council approved the plans and specifications and authorized the Department of Public Works to advertise for construction bids for the 3.4 acres of riparian habitat. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Construction is in progress. Excavation in channel is ongoing. Shoring installation work continues, anticipated completion the week of 6/10/13. Pile driving anticipated to begin the week of 6/17/13. 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 portion of the project is complete. The mitigation/monitoring portion of the project, which involves removal of invasive plant species from the creek channel, and a subsequent two-year monitoring period, began on September 17th, 2012. Monitoring is ongoing. French Valley Parkway / Interstate 15 Over -Crossing and Interchange Improvements - Phase I 1 Project includes widening of southbound 1-15 from Warm Springs Creek to the Winchester Road off - ramp, widening of the Winchester Road off -ramp, construction of the new southbound off -ramp at French Valley Parkway, and construction of the westbound portion of French Valley Parkway from the off -ramp to Jefferson Avenue. Project is under construction JUN2012 - DEC2013. See project web page for construction updates: http://www. cityofte mecu Ia. o rg/Temecula/Govern ment/Publ icWo rks/French Va I ley. htm. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation This project installed landscape and irrigation improvements on a 0.26 acre Habitat Creation Area and maintaining it for five years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 01/20/2011. The project is now in the 5 -year maintenance/monitoring program. Tennis Court Lighting - Great Oak High School This project will Install lights around the tennis courts at Great Oaks High School. Bids were opened on 05/23/2013. At the 06/11/2013 meeting, the City Council awarded the contract to MDE Group, Inc. Work will be done in the summer when school is out. Pavement Rehabilitation Program - Ynez Road This project will rehabilitate Ynez Road from Winchester Road to Solana Way. Project was awarded to All American Asphalt at the 06/26/12 City Council Meeting. Contractor has rehabilitated the intersections. The remaining work will be completed in the Summer of 2013. Temecula Community Center Renovation The City Council approved a design agreement with Williams Architects at the 05/08/2012 meeting. At the 06/11/2013 meeting, the City Council awarded the contract to LDCO, Inc.. French Valley Parkway Environmental Mitigation This project implemented the riparian mitigation requirement of the HMMP that was developed for the French Valley Parkway Interchange project. Work involved creation of a 2.73 acre riparian site through planting native plant species and removing non-native & invasive plant species. Construction started on October 2, 2012 and was completed November 5, 2012. This site will be monitored and maintained for 5 years. Roripaugh Ranch Street Improvements Phase II Contract awarded on 12/11/2012. First day of work was 01/14/2013. Mass grading is ongoing. Theater Energy Efficient Lighting Including Technology and Equipment Upgrade The Notice to Proceed was issued for the procurement of the equipment on 01/02/2013. The vendor has provided all purchased equipment. Citywide Slurry Seal Fiscal Year 2012-13 This annual maintenance project will slurry various street throughout the City. The project was awarded to American Asphalt South at the 05/28/2013 City Council Meeting. Construction is expected to begin at the end of June 2013. 2 Pavement Rehabilitation Program - Rancho Vista Road This project will rehabilitate Rancho Vista Road from Margarita Road to Paseo Goleta. Project was awarded at the 04/09/2013 City Council Meeting to RJ Noble Company. Construction is set to start on 06/11/2013. Community Recreation Center Picket Ornamental Fence Replacement Construction is scheduled to begin on 09/03/2013 in order to avoid disrupting the CRC's summer schedule. 3 PROJECTS BEING ADVERTISED FOR BIDS Special Needs Play Structure This project will install play structure for youth and special needs kids upon completion. The Park and Recreation Subcommittee chose Margarita Park as the site of the improvements based on the conceptual plan. An RFP has been sent out for a purchase/install vendor. Responses were received on 05/15/2013. They are under review. Old Town Temecula Community Theater Remediation City Council approved the plans and specifications at the 04/23/2013 meeting. Staff is considering options for the project for presentation to the City Council at their 6/25/2013 meeting. Fire Station 84 Roof Replacement Construction specifications will be quality checked by Independent Roofing Consultants prior to being advertised for construction. Construction expected at the end of Summer 2013. 4 PROJECTS IN DESIGN 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. The DBESP and JPR reports were submitted to the environmental agencies the beginning of April. The IS/MND was submitted to the County of Riverside for a 30 -day public review beginning in early June. 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. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. Consultant is finalizing the design plans. 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 alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/2009. The consultant is working on 90% plans, specifications and estimate. 1-15 / SR -79S Ultimate Interchange Target 95% PS&E (6th) submittal in June2013. Pavement Rehabilitation Program These rehabilitation projects will rehabilitate portions of Winchester and Rancho California Roads. Caltrans has approved the plans and will issue the encroachment permits shortly. The Rancho California Road project is scheduled for a June 27, 2013 bid opening. French Valley Parkway / Interstate -15 OverCrossing and Interchange Improvements - Phase II Target 60% PS&E submittal in June 2013. PAVEMENT REHABILITATION PROGRAM - CITYWIDE, FY 2012/2013 This project will rehabilitate portions of Margarita Road, Ynez Road, Temecula Parkway, Overland Drive and Old Town Front Street. City returned 50% plan check comments to consultant. Consultant will be submitting 90% plans in late June. Old Town Front Street Storm Drain 5 This project involves replacement of the cross gutter in Old Town Front Street, approx. 800' north of Temecula Parkway. Staff is analyzing options. 6 REQUESTS TO SPEAK City Council Meeting 06/25/13 REQUEST Tb SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. Please go to the public podium and state your name for the record. Date I wish to speak on Agenda Item No. C Subject 9i4- 4?-1 �., El For Against Public Comment Please note that all information presented at a City Council meeting becomes public record. 11 information provided is optional. Name:AR�in Q Address: ?" 1 a /Zip Phone: If you are representing an organization or group, please give the name: REQUEST TO SPEAK CITY OF TEMECULA After completing, please return to the City Clerk. The City Clerk will call your name when the matter comes up. 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