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032817 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 REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 28, 2017 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 PM - 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 Legal Counsel - Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: Doe v. City of Temecula, United States District Court, Central District of California Case No. 5:17-cv-407. Next in Order: Ordinance: 17-01 Resolution: 17-19 CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Ava Sarnowski Invocation: Rabbi Yonasan Abrams of Chabad of Temecula Valley Flag Salute: Council Member James (Stew) Stewart ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Presentation of Innovation Month Proclamation 1 PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to 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 may 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 may 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 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of March 14, 2017 RECOMMENDATION: 2.1 That the City Council approve the action minutes of March 14, 2017. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 Approve the First Amendment to the Agreement with Data Ticket, Inc. DBA: Revenue Experts for Parking and Administrative Citation Processing RECOMMENDATION: 4.1 That the City Council approve the First Amendment to the Agreement with Data Ticket, Inc. DBA: Revenue Experts, in the amount of $12,000, for Parking and Administrative Citation processing, for a total five-year Agreement amount of $162,000. 5 Approve the Purchase of Two BMW Police Motorcycles for the Temecula Police Department RECOMMENDATION: 5.1 That the City Council approve the purchase of two BMW Police Motorcycles for a total amount of $59,340.42. 6 Receive Report Regarding Status of Upcoming Vacancies on Boards and Commissions RECOMMENDATION: 6.1 That the City Council receive the report regarding the status of upcoming vacancies on Boards and Commissions. 7 Approve an Amendment to the Agreement with California State University San Marcos for Students and Faculty to Conduct Coursework and Research for Academic Purposes at Roripaugh Ranch Preserve RECOMMENDATION: 7.1 That the City Council approve an Amendment to the Agreement with California State University San Marcos for students and faculty to conduct coursework and research for academic purposes at Roripaugh Ranch Preserve. 8 Approve the Sponsorship Agreement with the Office of the District Attorney, County of Riverside and Receive and File Temporary Street Closure for the National Crime Victims' Rights Week Candlelight Vigil RECOMMENDATION: 8.1 That the City Council approve the Sponsorship Agreement with the Office of the District Attorney, County of Riverside for City staff support valued at $1,195 and in-kind promotional services valued at $11,415 and approve temporary street closures for the National Crime Victims' Rights Week Candlelight Vigil. 3 9 Approve a Purchase and Install Agreement with Helixstorm, Inc. for Technology Services RECOMMENDATION: 9.1 Approve a Purchase and Install Agreement with Helixstorm, Inc., in an amount not to exceed $97,146, for Technology related services; 9.2 Authorize the City Manager to approve Contract Change Orders up to 10% of the contract amount of $9,714. 10 Approve the Radio Communications Site Lease Agreement with San Diego State University Foundation RECOMMENDATION: 10.1 That the City Council approve a three-year Communications Site Lease Agreement with San Diego State University Foundation for a total contract amount of $36,000. 11 Approve the Utilization of a California Multiple Award Schedule (CMAS) Contract with FieldTurf USA, Inc., for the Patricia H. Birdsall Sports Park Synthetic Turf Replacement, PW15-08 RECOMMENDATION: 11.1 Adopt a Resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT WITH FIELDTURF USA, INC., FOR THE PATRICIA H. BIRDSALL SPORTS PARK SYNTHETIC TURF REPLACEMENT, PW15-08 11.2 Issue a Purchase Order to FieldTurf USA, Inc., based on substantially the same terms included in the State of California Multiple Awards Schedule (CMAS) Contract No. 4-06-78-0031A, for the purchase and installation of synthetic sports turf, in the amount of $1,678,411, for the Patricia H. Birdsall Sports Park Synthetic Turf Replacement, PW15-08, as set forth in the Resolution; 11.3 Authorize the City Manager to approve change orders not to exceed the contingency amount of $167,841.10, which is equal to 10% of the Purchase Order amount. 12 Approve Interstate 15 Branding and Visioning — Conceptual Landscape Corridor Plan from Visit Temecula Valley and Authorize Communication of Endorsement to Local, State and Federal Agencies as Needed RECOMMENDATION: 12.1 That the City Council approve the Interstate 15 Branding and Visioning - Conceptual Landscape Corridor Plan from Visit Temecula Valley and authorize communication of endorsement to Local, State and Federal Agencies as needed. 4 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 ******************** 5 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 17-01 Resolution: CSD 17-02 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to 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 may 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 may 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. 13 Approve the Action Minutes of March 14, 2017 RECOMMENDATION: 13.1 That the Board of Directors approve the action minutes of March 14, 2017. 14 Approve an Agreement with San Diequito Publishers dba San Diequito Printers for Printing of Bi -annual Guide to Leisure Activities RECOMMENDATION: 14.1 Approve an Agreement with San Dieguito Publishers dba San Dieguito Printers for printing services to produce six (6) issues of the Community Services Department Guide to Leisure Activities over a three-year period with one two-year option for renewal. The cost of printing the guide annually is as follows: • Fiscal Year 16-17 $17,339, plus a 10% contingency of $1,733.90 • Fiscal Year 17-18 $35,374, plus a 10% contingency of $3,537.40 • Fiscal Year 18-19 $36,786, plus a 10% contingency of $3,678.60 • Fiscal Year 19-20 $18,754, plus a 10% contingency of $1,875.40 6 The total is not to exceed $108,253, plus a contingency of 10% in the amount of $10,825.30 for a possible combined total of $119,078.30. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, April 11, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 7 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — No Meeting TEMECULA HOUSING AUTHORITY — No Meeting TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 15 Receive a Presentation from the City Manager's Office Regarding the Grant Research Engagement and Application Team (GREAT) and Western Riverside Council of Governments Beyond Grant Funding for Fiscal Year 2017-18 RECOMMENDATION: 15.1 That the City Council receive a presentation from the City Manager's Office regarding the GREAT Team and Western Riverside Council of Governments (WRCOG) Beyond Grant funding for fiscal year 2017-18. DEPARTMENTAL REPORTS 16 Community Development Department Monthly Report 17 Fire Department Monthly Report 18 Police Department Monthly Report 19 Public Works Department Monthly Report BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, April 11, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) 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 — TemeculaCA.gov — 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 — TemeculaCA.gov — 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. 8 PRESENTATIONS Si Si , .sJ yryy�yr yyry ry �����0.R6R6R��I�Wi����G ` i����� _ 1 � � � t'!�� ��� maeaewm M1—...: ..����, •wwwwaY j: man ����t � ..,,pp«�n,:„a'P.:?!:'i:ll: � u,¢p�a "` - �� •. l �� �AR �wwww. _ pp,, ,,pp .. �: S'atF# :G4�,. � �7ke' Iwns,t. * ., -.+4� ��lMjL Y ... _. � ._ '+".yxed.�`do �"�.lat: .p?, *,1`�'watt;,.c.yr�� ;• _ '� .....0 ',_ : ..: »... �a '� 6d u.� , �;%.* yy,{�� � r� . a��ti�t�ypay��„���k'�`C,,=� . �.' •G s...-'��'a4�tr�a��;a�'.. �::.,#�tvy _ "...:.. ..,..f, ,�, i !'�eE y .;� gg �•.��W`5{; oma ... .. ''''�� ,:.' ,.7', 1 » .�+ikh.,_ F�C+C` - w z;.. .. ,'^,fi, '�"M':Y'=' #':"7i��� .. ,' .:. _... ..rtrtg4��� _t:A��i ..y iy���i �i: t ����. .: .�,., Ia� The City of Temecula PROCLAMATION WHEREAS, the City of Temecula works for its business community by progressively providing the highest quality of life and an environment where businesses can thrive; and WHEREAS, Temecula and Riverside County have become a hub of innovation, technology, and entrepreneurial activities that need to be highlighted throughout California; and WHEREAS, the City of Temecula acknowledges the value of encouraging innovation and supporting entrepreneurs and does such via the Temecula Valley Entrepreneurs Exchange; and WHEREAS, the City of Temecula recognizes the value of creating an entrepreneurial ecosystem that supports the transfer of innovation, technology, and ideas; and WHEREAS, Temecula appreciates its' partnership with the Riverside County Economic Development Agency to help make Temecula a place for innovation and entrepreneurship. NOW, THEREFORE, I, Maryann Edwards, on behalf of the City Council of the City of Temecula, do hereby proclaim the month of April, 2017 to be "Innovation Month" in the City of Temecula to continue encouraging the growth and expansion of innovation, technology, and entrepreneurship in our community and in the region. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this twenty-eighth day of March, 2017. Maryann Edwards, Mayor Randi Johl, City Clerk CITY COUNCIL CONSENT Item No. 1 Approvals City Attorney Finance Director City Manager ..! CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 28, 2017 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MARCH 14, 2017 – 7:00 PM 6:00 PM - 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—Pending Litigation. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to the following matter of pending litigation: Los Ranchitos Homeowners Association v. City of Temecula, Riverside County Superior Court No. RIC1512880. 2. Labor Negotiations. 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, City Attorney Peter Thorson, Assistant City Manager Greg Butler, Director of Finance Jennifer Hennessy, Human Resources Manager Isaac Garibay and Economic Development Analyst Charles Walker. The labor negotiations concern the California Teamsters Public, Professional and Medical Employees Union Local 911 and the unrepresented group of management and confidential staff. At 6:00 PM Mayor 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 7:10 PM CALL TO ORDER: Mayor Maryann Edwards Prelude Music: Bonnie Martland Invocation: Lead Pastor Demetric Felton Sr. of Beyond the Walls Church Flag Salute: Mayor Pro Tem Matt Rahn ROLL CALL: Comerchero, Naggar, Rahn, Stewart, Edwards PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Participation to 2017 Youth in Government Program Participants Presentation of National Crime Victims' Rights Week Proclamation Presentation by Temecula Education Foundation for 2017 Taste of Temecula Valley Event Presentation of Circus Vargas Days Proclamation Action Minutes 031417 1 PUBLIC COMMENTS The following individuals addressed the City Council: • Marie Hyta • Wayne Hall • Ms. Miller CITY COUNCIL REPORTS CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of February 28, 2017 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 2.1 That the City Council approve the City Council and Joint City Council/Community Services District action minutes of February 28, 2017. 3 Approve the List of Demands - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes 031417 2 4 Approve the City Treasurer's Report as of January 31, 2017 - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of January 31, 2017. 5 Approve Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Lance Peto, Trustee of the K. Lance Peto Trust, for Purchase of 42061 Main Street (APNs 922-036-039 and 922-036-040) - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 5.1 Approve Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and Lance Peto, Trustee of the K. Lance Peto Trust, for Purchase of 42061 Main Street (APNs 922-036-039 and 922-036-040); 5.2 Adopt a resolution entitled: RESOLUTION NO. 17-17 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 LANCE PETO, TRUSTEE OF THE K. LANCE PETO TRUST DATED 11/25/96 FOR PURCHASE OF 42061 MAIN STREET, TEMECULA (APNS 922-036-039 AND 922-036-040) 5.3 Appropriate funds in the amount of $1,450,000 from unassigned fund balance within the General Fund for the purchase of real property located at 42061 Main Street (APNs 922-036-039 and 922-036-040). Action Minutes 031417 3 6 Establish an All -Way Stop Control at the Intersection of Butterfield Stage Road and La Serena Way - Approved Staff Recommendation (5-0) Council Member Comerchero made the motion; it was seconded by Council Member Rahn; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. City Attorney Thorson advised Council Members Naggar and Comerchero that neither had a conflict of interest on this matter because the proposed traffic controls in this neighborhood do not increase the capacity of the roadways or affect the adjacent properties. RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 17-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT THE INTERSECTION OF BUTTERFIELD STAGE ROAD AND LA SERENA WAY RECESS At 7:54 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:56 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS • City Attorney announced that City Manager Aaron Adams would not be participating in Item 8 due to the fact that is wife is the Chief Executive Officer of Visit Temecula Valley. City Manager Adams left the Chamber during this Item. • Brian Connors, Edith Atwood and Kim Kelliher addressed the City Council on Item 8. 8 Receive a Presentation from Visit Temecula Valley Regarding the 1-15 Branding and Visioning — Conceptual Landscape Corridor Plan (At the Request of the Infrastructure Beautification Committee) — Receive and file (5-0) Council Member Naggar made the motion to receive and file the presentation and provide staff general direction to work with Visit Temecula Valley on the financial, phasing and implementation aspects of the project, bringing the matter back for review by the subcommittee within three months, followed by City Council review in six months; it was seconded by Council Member Comerchero; and electronic vote reflected approval by Council Members Comerchero, Naggar, Rahn, Stewart and Edwards. RECOMMENDATION: 8.1 That the City Council receive a presentation from Visit Temecula Valley on 1-15 Branding and Visioning — Conceptual Landscape Plan. Action Minutes 031417 4 DEPARTMENTAL REPORTS 9 City Council Travel/Conference Report BOARD/COMMISSION REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson stated there were no reportable actions in regards to the Closed Session items. At 8:57 PM, City Attorney Thorson announced the City Council was going back into Closed Session to finish the work. Closed Session adjourned at 11:09 PM. ADJOURNMENT At 8:57 PM, the City Council meeting was formally adjourned to Tuesday, March 28, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. *** Adjourned in Memory of Felicia Hogan *** Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 031417 5 Item No. 3 Approvals City Attorney Finance Director City Manager Rier- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Finance Director DATE: March 28, 2017 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 17- 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. 17- 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 $7,088,382.04. 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 28th day of March, 2017. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of March, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 03/02/2017 TOTAL CHECK RUN: $ 5,788,76035 03/09/2017 TOTAL CHECK RUN: 863,465.68 03/09/2017 TOTAL PAYROLL RUN: 436,156.01 TOTAL LIST OF DEMANDS FOR 03/28/2017 COUNCIL MEETING: $ 7,088,382.04 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND 125 PEG PUBLIC EDUCATION & GOVERNMENT 135 BUSINESS INCUBATOR RESOURCE 140 COMMUNITY DEV BLOCK GRANT 150 AB 2766 FUND 165 AFFORDABLE HOUSING 190 TEMECULA COMMUNITY SERVICES DISTRICT 192 TCSD SERVICE LEVEL B STREET LIGHTS 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 197 TEMECULA LIBRARY FUND 210 CAPITAL IMPROVEMENT PROJECTS FUND 277 CFD-RORIPAUGH 300 INSURANCE FUND 305 WORKER'S COMPENSATION 320 INFORMATION TECHNOLOGY 330 CENTRAL SERVICES 340 FACILITIES 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 700 CERBT CALIFORNIA EE RETIREE-GASB45 $ 1,574,607.72 1,928.08 1,374.71 21,598.43 1,945.47 1,938.82 176,265.86 168.24 1,002.28 242.99 12,031.13 562,303.07 6,129.00 14,954.63 875.00 33,986.80 17,719.33 45,199.99 546,777.76 465,890.98 41,782.46 970,586.45 157,974.33 1,945,770.36 107.83 110.93 1,523.29 32.82 192.34 66.87 72.67 6,434.14 25.71 31.36 28.98 3,838.66 1,239.02 85.73 102.94 997.71 26.86 246.02 113.53 6,399.15 9,649.94 31.60 280.93 1,008.85 65.11 120.11 30.93 7,729.38 131.26 8,447.47 $ 6,652,226.03 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 248,296.83 135 BUSINESS INCUBATOR RESOURCE 1,725.76 140 COMMUNITY DEV BLOCK GRANT 400.14 165 AFFORDABLE HOUSING 2,921.41 190 TEMECULA COMMUNITY SERVICES DISTRICT 96,313.20 192 TCSD SERVICE LEVEL B STREET LIGHTS 210.12 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,159.68 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 103.63 197 TEMECULA LIBRARY FUND 982.38 300 INSURANCE FUND 1,842.66 320 INFORMATION TECHNOLOGY 20,599.90 330 SUPPORT SERVICES 2,773.59 340 FACILITIES 12,554.85 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 32.81 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 21.77 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 25.91 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4.47 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 53.13 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 9.31 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 13.33 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 90.45 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 0.58 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 3.77 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.20 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 60.18 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 12.60 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 7.04 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 6.13 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 14.79 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.94 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 55.70 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 29.67 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 81.02 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 137.41 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 2.89 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 3.21 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 77.09 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 24.64 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 0.76 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 3.21 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 113.88 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 1.32 700 CERBT CALIFORNIA EE RETIREE-GASB45 44,381.65 436,156.01 TOTAL BY FUND: $ 7,088,382.04 apChkLst Final Check List 03/02/2017 9:18:41AM CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor Description Amount Paid Check Total 3252 02/23/2017 005460 U S BANK SECURED SETTLEMENT #1/SPY 4,065,853.91 4,065,853.91 PAYMENT 3253 03/02/2017 000246 PERS (EMPLOYEES' PERS EMPLOYEE RETIREMENT 2,115.60 2,115.60 RETIREMENT) PAYMENT 3254 03/02/2017 000246 PERS (EMPLOYEES' PERS EMPLOYEE RETIREMENT 7,740.00 7,740.00 RETIREMENT) PAYMENT 181538 03/02/2017 004858 19TH HOLE GOLF CARTS Cart rental for Code Enforcement 133.00 133.00 181539 03/02/2017 001104 ARMA ARMA MBRSHP:FLORES, GVVYN 140.00 140.00 181540 03/02/2017 016764 ABM BUILDING SERVICES, LLC PREV MAINT:HVAC UNITS:CIVIC CTR 341.35 341.35 181541 03/02/2017 010851 ADAMIAK, DAWN REFRESHMENTS:2017 TEMECULA 79.75 79.75 ROD RUN 181542 03/02/2017 005058 ADAMS, AARON REIMB:LCC:CO DIV GEN MTG 2/7-2/10 18.46 18.46 181543 03/02/2017 004802 ADLERHORST INTERNATIONAL TRAINING & EQUIP:POLICE K-9 UNIT 350.00 350.00 LLC 181544 03/02/2017 019075 ADORAMA INC PEG EQUIP:VIDEO HUB &HDMI 1,928.08 1,928.08 181545 03/02/2017 001517 AETNA BEHAVIORAL HEALTH, MAR EMPLOYEE ASSISTANCE PRGM 629.20 629.20 LLC 181546 03/02/2017 019648 AGUAYO, OLIVIA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 181547 03/02/2017 015217 AIRGAS, INC. DRY ICE FOR 13.40 13.40 EXPERIMENTS:PENNYPICKLE'S 181548 03/02/2017 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES: STREET MAINT 323.08 323.08 DIV 181549 03/02/2017 004240 AMERICAN FORENSIC NURSES JAN DUI DRUG SCREENINGS:POLICE 526.18 (AFN) JAN DUI DRUG SCREENINGS:POLICE 127.14 653.32 181550 03/02/2017 000747 AMERICAN PLANNING 4/1/17-3/31 APA RENEWAL:JONES, E. 425.00 425.00 ASSOCIATION Pagel apChkLst Final Check List 03/02/2017 9:18:41AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description 181551 03/02/2017 000747 AMERICAN PLANNING 4/1/17-3/31 APA RENEWAL:RABIDOU, B. ASSOCIATION 181552 03/02/2017 013950 AQUA CHILL OF SAN DIEGO FEB MAINTSVCS DRINKING WATER: POLICE FEB DRINKING WATER SVCS:IT FEB MAINT SVCS:DRINKING WATER: JR( FEB MAINTSVCS DRINKING WATER:MP: FEB MAINTSVCS DRINKING WATER:CIVI Amount Paid Check Total 69.00 69.00 28.28 28.28 28.28 34.75 183.71 303.30 181553 03/02/2017 017149 B G P RECREATION, INC. TCSD INSTRUCTOR EARNINGS 421.40 TCSD INSTRUCTOR EARNINGS 306.02 TCSD INSTRUCTOR EARNINGS 331.10 1,058.52 181554 03/02/2017 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 116.22 116.22 181555 03/02/2017 006254 BALLET FOLKLORICO 181556 03/02/2017 013482 BAS SECURITY TCSD INSTRUCTOR EARNINGS 176.40 TCSD INSTRUCTOR EARNINGS 49.00 TCSD INSTRUCTOR EARNINGS 156.80 382.20 SECURITY SVCS:CITY-WIDE 972.00 972.00 FACILITIES 181557 03/02/2017 004262 BIO-TOX LABORATORIES JAN DUI DRUG/ALCOHOL SCREENING 416.00 DEC -FEB DUI DRUG/ALCOHOL SCREEN! 1,562.50 JAN -FEB DUI DRUG/ALCOHOL SCREENII 2,559.94 4,538.44 181558 03/02/2017 003138 CAL MAT ASPHALT MATERIALS: PW STREET 150.37 MAI NT ASPHALT MATERIALS: PW STREET MAIN 377.13 ASPHALT MATERIALS: PW STREET MAIN 816.61 1,344.11 181559 03/02/2017 001267 CALIF DEPT OF MOTOR '17 CA VEHICLE CODE BOOKS 388.21 388.21 VEHICLES 181560 03/02/2017 004241 CALIF DEPT OF STATE REMITTANCE OF SB1186 - QE DEC 741.60 741.60 ARCHITECT 2016 181561 03/02/2017 008332 CANINE SUPPORT TEAMS FY 16/17 CS FUNDING PRGM 2,268.84 2,268.84 181562 03/02/2017 002945 CONSOLIDATED ELECTRICAL MISC ELECT SUPPLIES:LIBRARY 75.43 DIST. MISC ELECT SUPPLIES:LIBRARY ELECTRICAL SUPPLIES:VAR PARKS ELECTRICAL SUPPLIES:VAR PARKS ELECTRICAL SUPPLIES:VAR PARKS ELECTRICAL SUPPLIES:VAR PARKS 128.87 83.68 400.02 352.88 588.32 1,629.20 181563 03/02/2017 013379 COSSOU, CELINE TCSD INSTRUCTOR EARNINGS 495.60 495.60 Page2 apChkLst Final Check List 03/02/2017 9:18:41AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 181564 03/02/2017 004329 COSTCO TEMECULA #491 SUPPLIES:HUMAN SVCS PRGRM & 171.56 EVENTS SUPPLIES:GLOBAL CITIZENS VITICULTU 66.41 181565 03/02/2017 016724 CRAFT, CHARLENE REIMB:MISC SUPPLIES:EOQ 3/16 60.63 181566 03/02/2017 010650 CRAFTSMEN PLUMBING & TRAP WASTE, CUT & INSTALL:CIVIC 274.49 HVAC INC CTR REPLACE POOL HEATER:TEM ELEM 24,532.48 PLUMBING SVCS:SENIOR CTR 232.50 237.97 60.63 PLUMBING REHAB SVCS:LIBRARY 4,080.00 29,119.47 181567 03/02/2017 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 420.00 420.00 181568 03/02/2017 000209 CROP PRODUCTION SERVICES HONDA EU2000 COMPANION 2,452.35 2,452.35 GENERATOR 181569 03/02/2017 001393 DATA TICKET, INC. 181570 03/02/2017 008289 DAVIS, MELISSA 181571 03/02/2017 003945 DIAMOND ENVIRONMENTAL SRVCS SEP 16 PARKING CITATION 1,179.80 PROCESSING:POLIC JAN 17 PARKING CITATION PROCESSIN( 1,224.46 2,404.26 REIMB:AOAP CONF 2/5-2/9/17 115.32 115.32 PORTABLE RESTROOMS:RIVERTON PARK PORTABLE RESTROOMS:LONG CANYON PORTABLE RESTROOMS:VAIL RANCH P/ PORTABLE RESTROOMS:LA SERENA WF 181572 03/02/2017 004192 DOWNS ENERGY FUEL & FUEL FOR CITY VEHICLES:TRAFFIC LUBRICANTS 181573 03/02/2017 019293 E&F PET SUPPLIES INC 181574 03/02/2017 002390 EASTERN MUNICIPAL WATER DIST 181575 03/02/2017 015090 EVAPCO PRODUCTS, INC. 181576 03/02/2017 019651 FOX, JAYME 55.86 55.86 55.86 55.86 159.03 223.44 FUEL FOR CITY VEHICLES:PW, TCSD 418.08 FUEL FOR CITY VEHICLES:PW 693.07 FUEL FOR CITY VEHICLES:PW 658.30 FUEL FOR CITY VEHICLES:PW 172.83 FUEL FOR CITY VEHICLES:CODE ENF 47.79 FUEL FOR CITY VEHICLES:B&S 129.16 FUEL FOR CITY VEHICLES:PW, TCSD 609.48 2,887.74 K-9 FOOD & SUPPLIES:POLICE 84.90 84.90 JAN WATER METER:39656 DIEGO DR 67.75 67.75 FEB CONDENSER WATER SYS MAI NT: 566.50 566.50 CIV CENTE REIMB:MONITOR WIPES:CLEAN-UP 135.69 135.69 DAY Page :3 apChkLst Final Check List 03/02/2017 9:18:41AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 181577 03/02/2017 018858 FRONTIER CALIFORNIA, INC. JAN INTERNET SVCS:27415 100.75 ENTERPRISE FEB INTERNET SVCS:41000 MAIN ST 2,434.42 FEB INTERNET SVCS:SENIOR CENTER 144.99 FEB INTERNET SVCS:LIBRARY 184.99 FEB INTERNET SVCS:41000 MAIN ST 4,157.12 7,022.27 181578 03/02/2017 001937 GALLS, LLC TEMECULA PD SHOULDER PATCHES 570.30 570.30 181579 03/02/2017 013076 GAUDET, YVONNE M. TCSD INSTRUCTOR EARNINGS 470.40 470.40 181580 03/02/2017 000175 GOVERNMENT FINANCE GFOA MBR RENEWALS: /1/17- 2/28/18 840.00 840.00 OFFICERS 181581 03/02/2017 003792 GRAINGER MAINT SUPPLIES:VAR PARKS 108.67 MISC STAGE SUPPLIES:THEATER 181582 03/02/2017 003592 GRANITE CONSTRUCTION PW03-05 MAIN ST BRIDGE PROJ:ITEM COMPANY #43 181583 03/02/2017 003342 HABITAT FOR HUMANITY 7/1/14-12/31/16 CDBG SUBRECIPIENT 7/1/14-12/31/16 CDBG SUBRECIPIENT 7/1/14-12/31/16 CDBG SUBRECIPIENT 7/1/14-12/31/16 CDBG SUBRECIPIENT 7/1/14-12/31/16 CDBG SUBRECIPIENT 7/1/14-12/31/16 CDBG SUBRECIPIENT 181584 03/02/2017 001013 HINDERLITER DE LLAMAS & 1ST QTR 2017 CNSLT SVCS: SALES ASSOC TAX 181585 03/02/2017 010210 HOME DEPOT SUPPLY INC, BUILDING & REC SUPPLIES:MRC THE 181586 03/02/2017 014386 INT'L NAMEPLATE U.S., INC POLICE TRUNK DECALS:TEM POLICE 21.54 130.21 395,000.00 395,000.00 3,914.15 3,355.86 1,540.04 3,116.90 3,194.55 840.75 15,962.25 17, 749.77 17, 749.77 80.78 80.78 974.15 974.15 181587 03/02/2017 010412 JOHNSON POWER SYSTEMS PERFORM COOLING SYS 1,115.09 SVC:LIBRARY EMERG GENERATOR MAI NT:TVE2 1,716.96 2,832.05 181588 03/02/2017 000820 K R W & ASSOCIATES ENG PLAN CHECK & REVIEW SRVCS: 2,700.00 2,700.00 PW 181589 03/02/2017 017118 KRACH, BREE B. Gymnasium plaque:CRC 93.96 93.96 181590 03/02/2017 003486 LAWYERS TITLE COMPANY PW04-08 ANNUAL HOLDBACK PERIOD 4/1/18 250.00 250.00 Page4 apChkLst 03/02/2017 9:18:41AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 181591 03/02/2017 000210 LEAGUE OF CALIF CITIES 181592 03/02/2017 004412 LEANDER, KERRY D. 181593 03/02/2017 017427 MATCHETT, VIVIAN 181594 03/02/2017 012264 MIRANDA, JULIO C. 181595 03/02/2017 001868 MIYAMOTO-JURKOSKY, SUSAN ANN 181596 03/02/2017 016445 MKB PRINTING & PROMOTIONAL INC 181597 03/02/2017 004040 MORAMARCO, ANTHONY J. 181598 03/02/2017 017089 MORRIS-HOPKINS, BROOKE 181599 03/02/2017 014391 NICHOLS, KELLIE D. 181600 03/02/2017 017148 OAKLEY SALES CORP 181601 03/02/2017 003964 OFFICE DEPOT BUSINESS SVS DIV 181602 03/02/2017 002105 OLD TOWN TIRE & SERVICE 181603 03/02/2017 002105 OLD TOWN TIRE & SERVICE 181604 03/02/2017 015923 PCMG 181605 03/02/2017 011737 PERLMUTTER PURCHASING POWER Description LCC REGIS:RAHN, MATT 3/13 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS PRINTING SRVCS:FINANCE DEPT TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS POLICE MOTOR GLOVES & GLASSES MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE MISC OFFICE SUPPLIES: FINANCE CITY VEHICLE MAINT SVCS:PW STREET MAINT CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:CODE ENF MERAKI SUPPORT:INFO TECH FINGERPRINT SYS PAD & WIPES:POLICE Amount Paid Check Total 35.00 1,046.50 579.60 254.80 436.80 470.40 537.60 390.60 315.00 252.00 797.58 441.00 49.00 472.50 220.50 189.00 409.50 268.80 369.60 35.56 323.24 37.70 10.75 129.28 4.84 38.28 508.86 55.57 97.57 378.00 35.00 1,626.10 691.60 1,398.60 567.00 797.58 490.00 1,291.50 638.40 35.56 544.09 564.43 97.57 378.00 155.16 155.16 Pages apChkLst Final Check List 03/02/2017 9:18:41AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description 181606 03/02/2017 000249 PETTY CASH PETTY CASH REIMBURSEMENT 181607 03/02/2017 011549 POWER SPORTS UNLIMITED VEH MAI NT & REPAIR:POLICE Amount Paid Check Total 1,500.00 1,500.00 756.56 756.56 181608 03/02/2017 005075 PRUDENTIAL OVERALL CREDIT:JAN FLR -16.20 SUPPLY MATS/UNIFORMS/TOWELS:PW JAN FLR MATS/UNIFORMS/TOWELS:CITI 751.57 181609 03/02/2017 014494 R & R CONTROLS, INC UPGRADED HVAC CONTROLLER 268.00 PARTS: CRC 735.37 268.00 181610 03/02/2017 002176 RANCHO CALIF BUS PK ASSOC JAN -MAR BUS.PRKASSN DUES: TVE2 2,234.14 JAN -MAR BUS.PRKASSN DUES: DIAZ RE 2,033.07 JAN -MAR BUS.PRKASSN DUES: FOC 1,843.17 6,110.38 181611 03/02/2017 000262 RANCHO CALIF WATER FEB VAR WATER METERS:PW 1,188.45 DISTRICT VARIOUS SITES FEB VAR WATER METERS:TCSD SVC LE 4,000.42 JAN VAR WATER METERS:30875 RANCH 521.95 FEB VAR WATER METERS:FIRE STNS 178.10 5,888.92 181612 03/02/2017 000267 RIVERSIDE CO FIRE FPARC-TM, 232528, 16/17, Q2 1,126,774.44 1,126,774.44 DEPARTMENT 181613 03/02/2017 001592 RIVERSIDE CO INFO JAN EMERG RADIO RENTAL& 2,839.80 2,839.80 TECHNOLOGY REPAIR:PD 181614 03/02/2017 012251 ROTH, DONALD J. TCSD INSTRUCTOR EARNINGS 441.00 TCSD INSTRUCTOR EARNINGS 567.00 1,008.00 181615 03/02/2017 004274 SAFE & SECURE LOCKSMITH LOCKSMITH SRVCS:T.E.S. POOL 11.31 LOCKSMITH SRVCS:LIBRARY 32.33 43.64 181616 03/02/2017 005329 SAFE ALTERNATIVE FOR FY16/17 CDBG SUB RECIPIENT 5,378.75 5,378.75 EVERYONE 181617 03/02/2017 019094 SAN JACINTO, CITY OF POLICE SRVCS: JPA FEASIBILITY 1,396.56 1,396.56 STUDY 181618 03/02/2017 017699 SARNOWSKI, SHAWNA, M PHOTOGRAPHY SRVCS:CULTURAL 150.00 150.00 PRESTON ARTS 2/21/17 181619 03/02/2017 018012 SAUNDERS, CATHY TCSD INSTRUCTOR EARNINGS 268.80 TCSD INSTRUCTOR EARNINGS 268.80 TCSD INSTRUCTOR EARNINGS 156.80 TCSD INSTRUCTOR EARNINGS 302.40 TCSD INSTRUCTOR EARNINGS 302.40 TCSD INSTRUCTOR EARNINGS 176.40 1,475.60 Page6 apChkLst Final Check List 03/02/2017 9:18:41AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor Description 181620 03/02/2017 013376 SECURITY SIGNAL DEVICES FIRE ALARM SYS REPAIR:LIBRARY 2/6 INC Amount Paid Check Total 242.44 242.44 181621 03/02/2017 000645 SMART & FINAL INC SUPPLIES:HIGH HOPES 209.93 209.93 181622 03/02/2017 000537 SO CALIF EDISON 181623 03/02/2017 001212 SO CALIF GAS COMPANY 181624 03/02/2017 002503 SOUTH COAST AIR QUALITY JAN -FEB 2-27-560-0625:32380 DEERHOLLOW JAN 2-30-296-9522:46679 PRIMROSE AVE JAN 2-30-099-3847:29721 RYECREST FEB 2-33-357-5785:44747 REDHAWK PKV JAN 2-28-331-4847:32805 PAUBA RD LS3 FEB 2-34-624-4452:32131 S LOOP RD LO' JAN 0951677907 2:30650 PAUBA RD FEB 1015250950 0:28816 PUJOL ST FEB 0280251468 3:41375 MCCABE CT FEB 0266712909 8:42051 MAIN ST FEB 0217250775 4:41845 6TH ST FEB 1960250344 3:42081 MAIN ST FEB 1295354236 7:41000 MAIN ST FEB 1295829784 3:43230 BUS PARK DR FEB 1330407373 0:43210 BUS PARK DR FEB 0910249300 5:30875 RANCHO VISTA JAN 1252442108 3:30600 PAUBA RD FEB 1813838881 6:28314 MERCEDES ST FY 16/17 FLAT FEE FOR LAST FY EMISSIONS RULE 461 LIQUID FUEL DISPENSING SY: 181625 03/02/2017 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS: FIRE STA 92 CONTROL INC 181626 03/02/2017 001505 STEFFEN, SUE 2,458.77 563.59 25.28 41.14 99.84 442.03 3,630.65 370.48 173.29 99.68 428.56 262.61 185.44 1,954.72 277.44 24.11 3,250.24 656.90 130.10 7,813.57 124.35 104.91 229.26 42.00 PEST CONTROL SRVCS: FIRE STA 95 80.00 PEST CONTROL SRVCS: PBSP 70.00 192.00 REIMB:SUPPLIES FOR COUNCIL 53.64 53.64 MEETINGS 181627 03/02/2017 015648 STEIN, ANDREW MISC SUPPLIES:SPECIAL EVENTS 181628 03/02/2017 016262 STEVE ADAMIAK GOLF INSTRUCTION 4,098.92 4,098.92 TCSD INSTRUCTOR EARNINGS 252.00 TCSD INSTRUCTOR EARNINGS 504.00 TCSD INSTRUCTOR EARNINGS 672.00 181629 03/02/2017 013387 SWEEPING UNLIMITED INC FEB SWEEPING SRVCS: PARKING GARAGE 540.00 1,428.00 540.00 181630 03/02/2017 019647 TAMONTE, ELIA REFUND:SEC DEP:RM RENTAL:TCC 149.45 149.45 Page:7 apChkLst 03/02/2017 9:18:41AM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor 181631 03/02/2017 003677 TEMECULA MOTORSPORTS LLC 181632 03/02/2017 019649 TEMECULA VALLEY COUNCIL 181633 03/02/2017 010276 TIME WARNER CABLE 181634 03/02/2017 017579 U.S. HEALTHWORKS MEDICAL 181635 03/02/2017 002110 UNITED RENTALS NORTH AMERICA 181636 03/02/2017 018147 WADDLETON, JEFFREY L. 181637 03/02/2017 006248 WALKER, JESSICA 181638 03/02/2017 007987 WALMART 181639 03/02/2017 010487 WATSON, LUKE 181640 03/02/2017 003730 WEST COAST ARBORISTS INC 181641 03/02/2017 005118 WILLCOX, GWEN 181642 03/02/2017 000341 WILLDAN ASSOCIATES INC 181643 03/02/2017 016864 WOOD, RANDY 1001448 02/16/2017 007521 ANDERSON, DIANE 1001449 02/16/2017 019631 COLEMAN, JANET 1001450 02/16/2017 019632 GIORDANO, KRYSTLE Description MOTORCYCLE REPAIR/MAINT:TEM.P.D. MOTORCYCLE REPAIR/MAINT:TEM.P.D. REFUND:SEC DEP:RM RENTAL:CONF CTR A/B FEB HIGH SPEED INTERNET:32211 WOLF VLY FEB HIGH SPEED INTERNET:40820 WINC FEB HIGH SPEED INTERNET:41000 MAIN PRE EMPLOY DRUG SCREENINGS:HR PRE EMPLOY DRUG SCREENINGS:HR EQUIP RENTALS: PW STREET MAINT DJ/ANNOUNCER SERVICES:RON RUN '17 TCSD INSTRUCTOR EARNINGS EXHIBITS/EXPERIMENTS SUPPLIES:C.MUSEUM SUPPLIES:TCC EXHIBITS/EXPERIMENTS SUPPLIES:C.M REIMB:WORKSTATION EQUIPMENT 2/1-15 TREE TRIMS & REMOVALS: ROW TREES REIMB:AOAP CONF 2/5-2/9/17 FEB TRAFFIC ENG SRVCS: PW TRAFFIC CASP:MILEAGE & LODGING:1/16-1/21 REFUND:YOGA ON MARGARITA 4110.102 REFUND:TODDLERS CREATIVE LEARNING REFUND:TAP - BEGINNING 1990.101 Amount Paid Check Total 471.90 149.02 620.92 150.00 150.00 180.65 1.60 4,208.72 4,390.97 99.00 155.00 254.00 40.82 40.82 1,800.00 1,800.00 470.40 470.40 71.55 75.79 84.96 232.30 642.07 642.07 10, 798.00 10, 798.00 551.16 551.16 4,260.00 4,260.00 1,046.16 1,046.16 76.80 76.80 52.00 52.00 108.00 108.00 Page 8 apChkLst Final Check List 03/02/2017 9:18:41AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor Description 1001451 02/16/2017 019633 GRESHAM, MIREYA REFUND:SEC DEP:RM RENTAL:TCC 1001452 02/16/2017 019634 HODGDEN, CHRISTINA REFUND:TODDLERS CREATIVE LEARNING 1001453 02/16/2017 016611 NAY, ROBERT REFUND:SEC DEP:RM RENTAL:CRC Amount Paid Check Total 174.73 174.73 52.00 52.00 200.00 200.00 1001454 02/16/2017 019635 PANGANIBAN, MARICRIS REFUND:TODDLERS CREATIVE 26.00 26.00 LEARNING 1001455 02/16/2017 019635 PANGANIBAN, MARICRIS REFUND:TODDLERS CREATIVE 26.00 26.00 LEARNING 1001456 02/16/2017 019636 RESHAW, SARA REFUND:BRIGHT START FOR KIDS 192.00 192.00 LITTLE TOTS 1001457 02/16/2017 019637 SHOTTS, KIM REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 1001458 02/16/2017 019351 SILHANOVA, ROMANA REFUND:TODDLERS CREATIVE 52.00 52.00 LEARNING 1001459 02/16/2017 019638 SINNOTT, CASSIE REFUND:TODDLERS CREATIVE 26.00 26.00 LEARNING 1001460 02/16/2017 019638 SINNOTT, CASSIE REFUND:TODDLERS CREATIVE 26.00 26.00 LEARNING 1001461 02/16/2017 019639 TEMECULA VALLEY NATIONAL REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 1001462 02/16/2017 017277 TOWARD MAXIMUM REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 INDEPENDENCE 1001463 02/23/2017 019640 BAKER, TREVOR REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00 CTR A/B 1001464 02/23/2017 019641 CHAPMAN, DEENA REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:RRSP 1001465 02/23/2017 019642 LOMA LINDA UNIVERSITY REFUND:SEC DEP:RM RENTAL:CONF 150.00 150.00 CTR A/B 1001466 02/23/2017 019643 MARTINEZ, MICHAEL REFUND:CREDIT:PICNIC 60.00 60.00 RENTAL:HARVESTON Page9 apChkLst Final Check List 03/02/2017 9:18:41AM CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor Description 1001467 02/23/2017 019644 PAULEY, TERRIE REFUND:ROCKET READERS 1ST/2ND GRADE 1001468 02/23/2017 019645 SINGLETON, DENISE REFUND:SEC DEP:RM RENTAL:TCC Amount Paid Check Total 50.00 50.00 150.00 150.00 1001469 02/23/2017 019646 TELI, JOTIKA REFUND:BEAR CUB UNIV 4005.102 204.00 204.00 Grand total for UNION BANK: 5,788,760.35 Pagel 0 apChkLst 03/02/2017 9:18:41AM Final Check List CITY OF TEMECULA Page: 11 131 checks in this report. Grand Total All Checks: 5,788,760.35 Page:11 apChkLst 03/09/2017 9:13:34AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 3255 03/03/2017 005460 U S BANK 3256 03/09/2017 010349 CALIF DEPT OF CHILD SUPPORT 3257 03/09/2017 017429 COBRA ADVANTAGE INC. 3258 03/09/2017 000194 I CMA RETIREMENT -PLAN 303355 3259 03/09/2017 000444 INSTATAX (EDD) 3260 03/09/2017 000283 INSTATAX (IRS) 3261 03/09/2017 000389 NATIONWIDE RETIREMENT SOLUTION 3262 03/09/2017 001065 NATIONWIDE RETIREMENT SOLUTION 3263 03/09/2017 019088 NATIONWIDE RETIREMENT SOLUTION 3264 03/09/2017 000246 PERS (EMPLOYEES' RETIREMENT) 3265 03/09/2017 000245 PERS - HEALTH INSUR PREMIUM 181644 03/09/2017 019529 10-8 RETROFIT, INC 181645 03/09/2017 004973 ABACHERLI, LINDI 181646 03/09/2017 019307 ADVANCED AUTOMOTIVE SMOG 181647 03/09/2017 014170 AHERN RENTALS INC 181648 03/09/2017 015217 AIRGAS, INC. Description SURPLUS ADMIN EXPENSE FUNDS PERAGRMNT SUPPORT PAYMENT CHILD CARE REIMBURSEMENT FSA PAYMENT I CMA RETIREMENT TRUST 457 PAYMENT STATE PAYROLL TAXES PAYMENT FEDERAL INCOME TAXES PAYMENT OBRA -PROJECT RETIREMENTPAYMENT NATIONWIDE RETIREMENT PAYMENT NATIONWIDE LOAN REPAYMENT PERS EMPLOYEE RETIREMENT PAYMENT PERS HEALTH INSURANCE PAYMENT PERS HEALTH INSURANCE PAYMENT VEH REPAIR & MAINT:POLICE TCSD INSTRUCTOR EARNINGS VEH MAI NT SVCS: CITY SVC TRUCKS VEH MAI NT SVCS: CITY SVC TRUCKS Lights removal:Duck Pond Christmas tree DRY ICE FOR EXPERIMENTS: PENNYPICKLE'S DRY ICE: EXPERIMENTS:PENNYPICKLE': DRY ICE: EXPERIMENTS:PENNYPICKLE' Amount Paid Check Total 59,278.00 1,008.45 5,490.76 8,603.70 21,196.24 79,503.88 2,449.68 12,174.10 442.44 37, 534.19 3,076.38 98,839.96 1,292.81 385.00 41.50 41.50 234.60 4.54 4.54 59,278.00 1,008.45 5,490.76 8,603.70 21,196.24 79,503.88 2,449.68 12,174.10 442.44 37, 534.19 101,916.34 1,292.81 385.00 83.00 234.60 19.14 28.22 Pagel apChkLst Final Check List 03/09/2017 9:13:34AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor Description 181649 03/09/2017 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING & MAINT:LIBRARY 181650 03/09/2017 006915 ALLIE'S PARTY EQUIPMENT RENTALS,SUPPLIES,DRY CLEANING: HUMAN SVC Amount Paid Check Total 185.00 185.00 52.00 52.00 181651 03/09/2017 007282 AMAZON.COM, INC MISC BKS/TOOLS/WHIRPOOL WHEELS 720.69 720.69 181652 03/09/2017 004422 AMERICAN BATTERY TRAFFIC SIGNAL EQUIP:PW TRAFFIC 601.24 601.24 CORPORATION 181653 03/09/2017 002187 ANIMAL FRIENDS OF THE DEC 16 ANIMAL CONTROL SVCS:CITY 10,000.00 10,000.00 VALLEYS OF TEMEC 181654 03/09/2017 000101 APPLE ONE INC FEB TEMP STAFF SVCS:CITY CLERK 2,096.64 2,096.64 181655 03/09/2017 011954 BAKER & TAYLOR INC BOOK COLLECTIONS:LIBRARY 20.50 BOOK COLLECTIONS:LIBRARY 2,720.44 2,740.94 181656 03/09/2017 018101 BARN STAGE COMPANY INC, STTLMNT: TIX: CABARET AT THE 294.00 294.00 THE MERC 2/26 181657 03/09/2017 010806 BARNEYS TIRE AND WHEEL CITY VEHICLE 425.24 425.24 REPAIRS/MAI NT:M E DI CS 181658 03/09/2017 013585 BASEBALL FIRST REFUND:SEC DEP:BALL FIELD 1,250.00 1,250.00 #1:PHBSP 181659 03/09/2017 005665 BLACKS TOWING towing srvcs:temecula police 618.75 618.75 181660 03/09/2017 012583 BLANCAY PRICE JAN 17 LDSCP PLAN CHECK & INSP. 9,174.00 9,174.00 SVCS 181661 03/09/2017 018204 BOWERS, DENNIS REFUND:OVERPMT:TEM ROD RUN 45.00 45.00 2017 181662 03/09/2017 003138 CAL MAT 181663 03/09/2017 004248 CALIF DEPT OF JUSTICE-ACCTING 181664 03/09/2017 004462 CDW, LLC ASPHALT MATERIALS: PW STREET 279.90 MAI NT ASPHALT MATERIALS: PW STREET MAIN 172.14 452.04 JAN FINGERPRINTING 4,559.00 4,559.00 SVCS:ECODEV/HR/PD MISC SUPPLIES & EQUIP:IT 207.93 207.93 181665 03/09/2017 019531 CHAVEZ, MICHELLE REFRESHMENTS:MEDIA MORNING 378.00 378.00 MTG 1/31 Page2 apChkLst Final Check List 03/09/2017 9:13:34AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description 181666 03/09/2017 003997 COAST RECREATION INC PLAYGROUND LADDER:MEADOWS PARK Amount Paid Check Total 576.36 576.36 181667 03/09/2017 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 24.00 24.00 CHARITIES, C/O WELLS FARGO PAYMENT BANK 181668 03/09/2017 001264 COSTCO TEMECULA#491 MISC SUPPLIES:ECO DEV EVENTS 181669 03/09/2017 004329 COSTCO TEMECULA #491 30.43 30.43 SUPPLIES:CHILDRENS MUSEUM 76.68 SUPPLIES:SPECIAL EVENTS 617.69 694.37 181670 03/09/2017 016724 CRAFT, CHARLENE REIMB:SUPPLIES:EOC MARCH 2017 55.00 55.00 181671 03/09/2017 010650 CRAFTSMEN PLUMBING & HVAC INC PLUMBING IMPROVEMENT:CRC REHAB PLUMBING SVCS:CRC PLUMBING SVCS:6TH ST RESTROOMS PLUMBING SVCS:CRC PLUMBING REPAIR SVCS:CRC PLUMBING SVCS:MARG SPLASH PAD 2,070.00 870.00 505.10 310.00 1,410.09 910.00 6,075.19 181672 03/09/2017 018491 CRONBERG PHOTOGRAPHY TCSD INSTRUCTOR EARNINGS 336.00 336.00 181673 03/09/2017 000209 CROP PRODUCTION SERVICES MAINT SUPPLIES: PW STREET MAINT DIV REPAIR AND MAINTENANCE : STA 73 49.17 11.62 60.79 181674 03/09/2017 014580 DANCE THEATRE COLLECTIVE THEATER PERF: 3/17, 18 10,000.00 10,000.00 181675 03/09/2017 014580 DANCE THEATRE COLLECTIVE STTLMNT: DANCEXCHANGE 2/21 63.00 63.00 181676 03/09/2017 012600 DAVID EVANS & ASSOCIATES 12/25/16-1/28/17 DSGN SVCS:PW12-11 565.00 565.00 INC 181677 03/09/2017 003945 DIAMOND ENVIRONMENTAL PORTABLE RESTROOMS: GREAT OAK 55.86 55.86 SRVCS HS 181678 03/09/2017 019475 DOTTIE BOOTS LLC THEATER PERF: 3/10/17 4,185.00 4,185.00 181679 03/09/2017 004192 DOWNS ENERGY FUEL & FUEL FOR CITY VEHICLES: POLICE 75.05 75.05 LUBRICANTS DEPT 181680 03/09/2017 016839 EHS INTERNATIONAL, INC. SAFETY CONSULTANT:RISK MGMT 875.00 875.00 Page3 apChkLst Final Check List 03/09/2017 9:13:34AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor Description 181681 03/09/2017 004829 ELLISON WILSON ADVOCACY MAR 17 STATE LOBBYING SVCS LLC 181682 03/09/2017 011202 EMH SPORTS USA, INC TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 3,500.00 3,500.00 507.50 1,010.80 490.00 181683 03/09/2017 011292 ENVIRONMENTAL SCIENCE JAN EIR:CYPRESS RIDGE DEV 6,177.43 ASSOC. SEP -OCT EIR:CYPRESS RIDGE DEV 20,203.89 181684 03/09/2017 015966 ERGO SOLUTION INC ERGONOMIC EVALUATION: GASCON, 500.00 D'LYNN 2,008.30 26,381.32 500.00 181685 03/09/2017 001056 EXCEL LANDSCAPE, INC. JAN 17 LNDSCP MAI NT SRVCS: SOUTH 34,054.66 34,054.66 SLOPES 181686 03/09/2017 017432 EYEMED VISION CARE VISION PLAN PAYMENT 834.92 834.92 181687 03/09/2017 000165 FEDERAL EXPRESS INC 2/14-2/17 EXP MAIL SVCS: CI P 98.38 2/8-2/9 EXP MAIL SVCS: CIP & CITY CLEF 79.04 177.42 181688 03/09/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 453.03 453.03 181689 03/09/2017 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 150.00 150.00 181690 03/09/2017 014865 FREIZE UHLER, KIMBERLY PROMOTIONAL ITEMS: ECON DEV 724.19 724.19 181691 03/09/2017 019679 FROISTAD, ANGELA REFUND:RETURNED LOST 15.00 15.00 MATERIALS:LIBRARY 181692 03/09/2017 018858 FRONTIER CALIFORNIA, INC. JAN INTERNET SVCS:THEATER 132.99 FEB INTERNET SVCS:EOC 181693 03/09/2017 004944 FULLCOURT PRESS BUS LIC RENEWAL TEXT PAPER 181694 03/09/2017 010452 GAYLORD BROS INC EXHI BIT/COLLECTIONS SUPPLI ES:TVM EXHIBIT/COLLECTIONS SUPPLIES:TVM EX HI BIT/COLLECTIONS SUPPLI ES:TVM 133.22 266.21 1,084.33 1,084.33 91.03 108.14 257.34 456.51 181695 03/09/2017 009608 GOLDEN VALLEY MUSIC STTLMNT:CLASSICS...MERC FEB 2017 494.90 494.90 SOCIETY 181696 03/09/2017 015451 GREATAMERICA FINANCIAL SVCS FEB LEASE COPIERS:LIBRARY 786.59 FEB LEASE COPIERS:CITY HALL/OFF-Sr 288.77 FEB COPIERS LEASE:TVE2/CITY HALL 1,338.60 2,413.96 Page4 apChkLst 03/09/2017 9:13:34AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 181697 03/09/2017 002109 HD SUPPLY CONSTR. SUPPLY LTD 181698 03/09/2017 001013 HINDERLITER DE LLAMAS & ASSOC 181699 03/09/2017 017334 HOUSE OF AUTOMATION INC. 181700 03/09/2017 006914 INNOVATIVE DOCUMENT SOLUTIONS 181701 03/09/2017 001407 INTER VALLEY POOL SUPPLY INC 181702 03/09/2017 012883 JACOB'S HOUSE INC 181703 03/09/2017 018352 JAMES ELLIOTT ENTERTAINMENT, 181704 03/09/2017 019658 JUNGER, CHRISTOPHER 181705 03/09/2017 001282 KNORR SYSTEMS INC 181706 03/09/2017 000482 LEIGHTON CONSULTING INC 181707 03/09/2017 004905 LIEBERT, CASSIDY & WHITMORE 181708 03/09/2017 019467 LUSPIAN, JOCELYN 181709 03/09/2017 013982 MCI COMM SERVICE 181710 03/09/2017 014365 MAILFINANCE, INC. 181711 03/09/2017 004141 MAINTEX INC 181712 03/09/2017 019678 MANOLOVITZ, DEBORAH Description MISC SUPPLIES:PW STREET MAINT DIV 15-16 CAFR STATISTICAL REPORTS PACKAGE GATE & BAY DOOR MAINT:STN 84 GATE REPAIR: STA95 VARADD'L GARAGE DOOR REPAIRS VARADD'L GARAGE DOOR REPAIRS JAN COPIER MAI NT/R E PAI R/USAG E: CI TY WI D E JAN COPIER MAINT/REPAIR/USAGE:CITI POOL SANITIZING CHEMICALS:VAR POOLS EMPLOYEE CHARITY DONATIONS PAYMENT ENTERTAINMENT: THEATER 3/9/17 REFUND:OVERPMT:TEM ROD RUN 2017 WATER MAINT SUPPLIES: SPLASH PAD DIVING BOARD: CRC POOL REHAB JAN GEOTECH SVCS:PARK & RIDE JAN LEGAL SVCS:HR:TE060-00012 REFUND:SEC DEP:RM RENTAL:TCC FEB XXX -0714 GEN USAGE:PD MALL ALARM FEB XXX -0346 GENERAL USAGE 3/14/17-6/13/17 POSTAGE METER:LEASE CUSTODIAL SUPPLIES: PARK SITES REFUND:DUPL. PMT:BUS LIC #040861 Amount Paid Check Total 258.60 645.00 1,356.50 280.00 400.00 2,895.68 602.43 9,711.12 512.35 40.00 1,500.00 15.00 182.00 4,413.51 3,018.00 1,545.00 200.00 34.59 33.02 1,215.91 2,049.03 258.60 645.00 4,932.18 10, 313.55 512.35 40.00 1,500.00 15.00 4,595.51 3,018.00 1,545.00 200.00 67.61 1,215.91 2,049.03 36.00 36.00 Pages apChkLst Final Check List 03/09/2017 9:13:34AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor 181713 03/09/2017 018314 MICHAEL BAKER INT'L INC. 181714 03/09/2017 012962 MILLER, MISTY 181715 03/09/2017 016445 MKB PRINTING & PROMOTIONAL INC Description P/E 12/31/16 ENG SUPPORT SVCS: PW 10/3-10/30/16 CONST ENG SVCS: PW06-( OCT CEQA STUDI ES:GENERATIONS MNI Amount Paid Check Total 22,829.00 2,608.98 2,000.76 TCSD INSTRUCTOR EARNINGS 147.00 TCSD INSTRUCTOR EARNINGS 292.60 TCSD INSTRUCTOR EARNINGS 322.53 BUS CARDS:GILLILAND, R. 47.83 27,438.74 762.13 47.83 181716 03/09/2017 004040 MORAMARCO, ANTHONY J. TCSD INSTRUCTOR EARNINGS 168.00 TCSD INSTRUCTOR EARNINGS 385.00 Staff sweatshirts:CRC 406.00 959.00 181717 03/09/2017 001986 MUZAK LLC MAR DISH NETWORK PRGM:41952 6TH 65.11 ST MAR DISH NETWORK PRGM:FOC 140.73 205.84 181718 03/09/2017 017861 MYTHOS TECHNOLOGY INC MAR IT MONITORING SVCS:TVE2 100.00 100.00 181719 03/09/2017 002925 NAPA AUTO PARTS MISC SUPPLIES:PW STREET MAINT 84.35 84.35 DIV 181720 03/09/2017 017864 NATURE WORKS SCULPTURE REL.STP NTC:IVY LANDSCAPE/SAM 6,003.83 6,003.83 INC HICKS 181721 03/09/2017 015164 NATURES IMAGE, INC JAN 17 ENVIRO MITIGATION:FVP 280.25 JAN 17 PECHANGA PKWY ENVIRON MITI 897.75 181722 03/09/2017 001323 NESTLE WATERS NORTH 1/23-2/22 WATER DLVRY SVCS:TPL 74.04 AMERICA 1/23-2/22 WATER DLVRY SVCS:TESC POI 1/23-2/22 WATER DLVRY SVCS:MRC 1/23-2/22 WATER DLVRY SVCS:FOC 1/23-2/22 WATER DLVRY SVCS:TCC 1/23-2/22 WATER DLVRY SVCS:TVM 1/23-2/22 WATER DLVRY SVCS:IWTCM 1/23-2/22 WATER DLVRY SVCS:OTTT 1/23-2/22 BOTTLED WATER SVCS:TVE2 1/23-2/22 WATER DLVRY SVCS:COUNCIL 1/23-2/22 WATER DLVRY SVCS:PBSP 1/23-2/22 WATER DLVRY SVCS:SKATE PA 1/23-2/22 WATER DLVRY SVCS:CRC 181723 03/09/2017 018402 NEWSMINDED, INC 01/1-01/28 NEWSPAPER DELIVERY:MPSC 6.45 37.58 100.53 23.93 21.19 27.47 41.99 31.94 27.32 29.33 6.45 74.04 1,178.00 502.26 112.50 112.50 Page6 apChkLst Final Check List 03/09/2017 9:13:34AM CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor 181724 03/09/2017 003964 OFFICE DEPOT BUSINESS SVS DIV 181725 03/09/2017 002105 OLD TOWN TIRE & SERVICE Description OFFICE SUPPLIES:HUMAN RESOURCES OFFICE SUPPLIES:HUMAN RESOURCES OFFICE SUPPLIES:HUMAN RESOURCES Amount Paid Check Total 102.75 47.40 28.26 178.41 CITY VEHICLE MAINT SVCS:WINDSTAR 1,479.85 CITY VEHICLE MAINT SVCS:TCSD 243.44 1,723.29 181726 03/09/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:BLDG & 600.28 SAFETY CITY VEHICLE MAINT SVCS:BLDG & SAF 38.43 181727 03/09/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:CODE ENF 429.53 181728 03/09/2017 002105 OLD TOWN TIRE & SERVICE CITY VEHICLE MAINT SVCS:PW STREET MAINT CITY VEHICLE MAINT SVCS:PW TRAFFIC CITY VEHICLE MAINT SVCS:PW LAND DE CITY VEHICLE MAINT SVCS:PW PARKS F 181729 03/09/2017 012100 OUR NICHOLAS FOUNDATION REFUND:SNACK BAR INC DEP:SPORTS/TOURN. 99.02 234.58 15.00 34.85 638.71 429.53 383.45 200.00 200.00 181730 03/09/2017 012948 PAVEMENT COATINGS PRGS PMT:PAVEMENT REHAB/TEM 56,956.18 56,956.18 COMPANY PKWY 181731 03/09/2017 000249 PETTY CASH PETTY CASH REIMBURSEMENT 878.16 878.16 181732 03/09/2017 002579 POTAMUS PRESS PROGRAM PRINTING:ROD RUN 969.75 969.75 181733 03/09/2017 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT 361.80 361.80 INC 181734 03/09/2017 017431 PRINCIPAL LIFE INSURANCE DENTAL INSURANCE PAYMENT 8,942.32 8,942.32 CO 181735 03/09/2017 014957 PRN PRODUCTIONS COMEDY @ THE MERC 2/25/17 386.40 386.40 181736 03/09/2017 013721 PROPET DISTRIBUTORS INC PET WASTE BAGS: VARIOUS PARKS 2,763.95 2,763.95 181737 03/09/2017 002176 RANCHO CALIF BUS PK ASSOC APR -JUN '17 BUS.PRKASSN 2,234.14 2,234.14 DUES:TVE2 181738 03/09/2017 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SRVCS:PAVEMENT 180.27 180.27 REHAB Page:7 apChkLst 03/09/2017 9:13:34AM Final Check List CITY OF TEMECULA Page: 8 Bank : union UNION BANK Check # Date Vendor 181739 03/09/2017 011853 RANCON COMMERCE CNTR PH2,3&4 181740 03/09/2017 002412 RICHARDS WATSON & GERSHON 181741 03/09/2017 004822 RIVERSIDE TRANSIT AGENCY 181742 03/09/2017 014347 ROBERTS, PATRICIA G. 181743 03/09/2017 017102 ROBINSON, SHIRLEY 181744 03/09/2017 012251 ROTH, DONALD J. 181745 03/09/2017 009980 SANBORN, GWYNETH A. 181746 03/09/2017 011511 SCUBA CENTER TEMECULA 181747 03/09/2017 015457 SHAW HR CONSULTING, INC. 181748 03/09/2017 008529 SHERIFF'S CIVIL DIV - CENTRAL 181749 03/09/2017 009213 SHERRY BERRY MUSIC 181750 03/09/2017 013695 181751 03/09/2017 000645 SHRED -IT US JV, LLC SMART & FINAL INC (Continued) Description APR -JUN '17 BUS.PRKASSN DUES:STN 73 APR -JUN '17 BUS.PRK ASSN DUES:OVRL APR -JUN '17 BUS.PRKASSN DUES:OVRL APR -JUN '17 BUS.PRKASSN DUES:OVRL JAN 2017 LEGAL SERVICES JAN TRANSIT AGREEMENT:HARVESTON SHUTTLE TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS REFUND:SEC DEP:RM RENTAL:CONF CTR A/B TCSD INSTRUCTOR EARNINGS COUNTRY LIVE! @ THE MERC 3/4/17 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS CONSULTING SERVICES: HR SUPPORT PAYMENT JAZZ @ THE MERC 2/23/17 JAZZ @ THE MERC 3/2/17 2/8 DOC SHRED SRVCS:POLICE O.T. STOREFRO 1/24, 2/2, 2/8 DOC SHRED SRVCS:CITY F, SUPPLIES: ROD RUN '17 Amount Paid Check Total 510.71 177.27 249.03 198.38 78,407.34 1,945.47 210.00 179.38 150.00 224.00 810.00 35.00 336.00 1,500.00 100.00 548.00 520.00 17.37 116.49 257.69 1,135.39 78,407.34 1,945.47 389.38 150.00 224.00 810.00 371.00 1,500.00 100.00 1,068.00 133.86 257.69 Page:8 apChkLst Final Check List 03/09/2017 9:13:34AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor 181753 03/09/2017 000537 SO CALIF EDISON 181754 03/09/2017 001212 SO CALIF GAS COMPANY 181755 03/09/2017 000519 SOUTH COUNTY PEST CONTROL INC Description Amount Paid Check Total FEB 2-36-641-3912:27498 ENTERPRISE 25.05 CIR W FEB 2-35-164-3770:43487 BUTTERFIELD 27.46 FEB 2-31-419-2873:43000 HVVY-395 23.73 FEB 2-29-807-1093:28079 DIAZ RD 24.28 FEB 2-29-657-2787:41638 WINCHESTER I 23.85 FEB 2-31-536-3655:41904 MAIN ST 899.72 FEB 2-34-333-3589:41702 MAIN ST 25.05 FEB 2-35-164-3515:32932 LEENA WAY 25.82 FEB 2-35-164-3663:42335 MEADOWS PK% 24.86 FEB 2-19-171-8568:28300 MERCEDES ST 566.13 FEB 2-35-664-9053:29119 MARGARITA RC 574.23 FEB 2-25-393-4681:41951 MORAGA RD 270.48 FEB 2-18-937-3152:28314 MERCEDES ST 471.32 FEB 2-14-204-1615:30027 FRONT ST RDI( 34.29 FEB 2-35-164-3242:44270 MEADOWS PK% 26.77 FEB 2-29-224-0173:32364 OVERLAND TRI 1,523.07 FEB 2-32-903-8293:41000 MAIN ST 13,072.79 FEB 2-35-403-6337:41375 MCCABE CT 1,073.48 FEB 2-02-351-4946:41845 6TH ST 808.09 FEB 2-31-536-3481:41902 MAIN ST 167.22 FEB 2-30-520-4414:32781 TEM PKWY LS2 1,103.35 FEB 2-29-807-1226:28077 DIAZ RD 24.28 FEB 2-31-282-0665:27407 DIAZ RD 24.68 FEB 2-31-031-2616:27991 DIAZ RD 24.68 FEB 2-29-933-3831:43230 BUS PARK DR 1,627.88 FEB 2-00-397-5067:TCSD SVC LEV C 2,063.27 FEB 2-31-912-7494:28690 MERCEDES ST 1,504.97 FEB 2-36-641-3839:27498 ENTERPRISE C 29.84 FEB 2-28-904-7706:32329 OVERLAND TRI 155.26 FEB 2-21-981-4720:30153 TEM PKWY TPF 20.76 FEB 11 71 886393 6:32131 S. LOOP RD 25.55 FEB 1015251560 6:27415 ENTERPRISE C 180.95 FEB 0910851632 0:41951 MORAGA RD 14.79 FEB 0982559828 8:29119 MARGARITA RD 196.71 PEST CONTROL SRVCS: O.A.T.C. 48.00 26,266.66 418.00 PEST CONTROL SRVCS: WOLF CREEK F 49.00 PEST CONTROL SRVCS: MRC 70.00 FEB PEST CONTROL SRVCS:CITY FACIL 800.00 967.00 181756 03/09/2017 019168 SOUTHWEST AREA SERVICE REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 181757 03/09/2017 005786 SPRINT JAN 20 - FEB 19 BUS FUSION M2M:POLICE 110.20 110.20 Page9 apChkLst 03/09/2017 9:13:34AM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor 181761 03/09/2017 007762 STANDARD INSURANCE COMPANY 181762 03/09/2017 012723 STANDARD INSURANCE COMPANY 181763 03/09/2017 016262 STEVE ADAMIAK GOLF INSTRUCTION 181764 03/09/2017 003840 STRONGS PAINTING 181765 03/09/2017 003599 TY LIN INTERNATIONAL 181766 03/09/2017 001547 TEAMSTERS LOCAL 911 181767 03/09/2017 003677 TEMECULA MOTORSPORTS LLC 181768 03/09/2017 019680 TEMECULA VALLEY KOREAN 181769 03/09/2017 005970 TEMECULA VALLEY PLAYERS 181770 03/09/2017 010276 TIME WARNER CABLE 181771 03/09/2017 017430 TRANSAMERICA LIFE INSURANCE CO 181772 03/09/2017 018556 TRAUB, NORMAN A. 181773 03/09/2017 017579 U.S. HEALTHWORKS MEDICAL 181774 03/09/2017 007766 UNDERGROUND SERVICE ALERT 181775 03/09/2017 000325 UNITED WAY 181776 03/09/2017 014486 VERIZON WIRELESS 181777 03/09/2017 019659 WARTH, DAVID Description BASIC LIFE INSURANCE PAYMENT VOLUNTARY SUPP LIFE INSURANCE PAYMENT TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS PAINT FENCE:HARV PARK IMPROVEMENTS NOV-DEC SRVCS:F.V./I-15 OVRCRS & INTRCHG UNION DUES PAYMENT MOTORCYCLE REPAI R/MAI NT:TEM. P. D. REFUND:SEC DEP:RM RENTAL:CRC TICKET SALES "MY FAIR LADY" 2/9-26/17 MAR HIGH SPEED INTERNET:LIBRARY TRANSAMERICA ACCIDENT A DVA NTAG PAYMENT INVESTIGATION SERVICES: HR PRE EMPLOY DRUG SCREENINGS:HR FEB UNDERGROUND UTILITY LOCATOR ALERTS:P EMPLOYEE CHARITY DONATIONS PAYMENT 1/16-2/15 BROADBAND SVCS:CITYWI DE REFUND:OVERPMT:TEM ROD RUN 2017 Amount Paid Check Total 7,878.20 842.66 329.00 367.50 4,500.00 29,149.63 4,956.00 67.84 150.00 31,127.42 593.32 2,831.12 6,815.57 167.00 123.00 5.00 2,614.18 7,878.20 842.66 696.50 4,500.00 29,149.63 4,956.00 67.84 150.00 31,127.42 593.32 2,831.12 6,815.57 167.00 123.00 5.00 2,614.18 15.00 15.00 Pagel 0 apChkLst 03/09/2017 9:13:34AM Final Check List CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor 181778 03/09/2017 001881 WATER SAFETY PRODUCTS INC 181779 03/09/2017 003730 WEST COAST ARBORISTS INC 181780 03/09/2017 000621 WESTERN RIVERSIDE COUNCIL OF 181781 03/09/2017 004567 WITCHER ELECTRIC 181782 03/09/2017 015806 WORK ZONE CAM, LLC 181783 03/09/2017 009512 WURMS JANITORIAL SERVICES, INC 181784 03/09/2017 010060 WYTRYKUS, LESLIE 181785 03/09/2017 016305 YONKER, JOHN 1001470 03/01/2017 019653 EBDI NG, MEGAN 1001471 03/01/2017 019654 HANSEN, JULIE 1001472 03/01/2017 019252 NATIONAL CHARITY LEAGUE 1001473 03/01/2017 017971 SHAW, JESSE 1001474 03/01/2017 019655 SUCHOZA, SARA 1001475 03/01/2017 019656 SULLIVAN SOLAR POWER 1001476 03/01/2017 018264 VINCENT, NICHOLAS 1001477 03/01/2017 019657 ZAVALA,ALBA Description POOL SUPPLIES:AQUATICS 2/16-28 TREE TRIMS,REMOVALS:PRKS & MEDIA 2/16-28 TREE TRIMS, REMOVALS:HARV 2/16-28 TREE TRIMS & REMOVALS:ROW 2/16-28 EMERG TREE TRIMS, REMOVAL; FUTURE CITIES CONF 3/15/17 L.W./L.L. WALKWAY LIGHT REPAIRS:P BIRDSALL PARK ELECTRICAL IMPROVEMNTS: CRC P001 PROJECT MONITORING CAMERA: PW MAR JANITORIAL SRVCS:CITY FACILITIES MAR JANITORIAL SRVCS:POLICE OLD T( RENEW ICC CERTIFICATIONS REIMB:UNIFORM SHIRTS REFUND:MARY POPPINS - YOUTH MUSICAL REFUND:TEMECULA WINE & PAINT CLASS REFUND:SEC DEP:RM RENTAL:CONF CTR A/B REFUND:SEC DEP:RM RENTAL:CONF CTR A/B REFUND:CREDIT ON ACCOUNT:TCSD REFUND:SEC DEP:RM RENTAL:TCC REFUND:SEC DEP:RM RENTAL:TCC REFUND:MARY POPPINS - YOUTH MUSICAL Amount Paid Check Total 1,399.52 225.00 700.00 12, 588.00 2,000.00 60.00 700.00 205.00 3,843.44 23,927.71 307.85 115.00 149.95 193.40 20.00 150.00 150.00 54.00 200.00 174.72 1,399.52 15, 513.00 60.00 905.00 3,843.44 24,235.56 115.00 149.95 193.40 20.00 150.00 150.00 54.00 200.00 174.72 200.00 200.00 Page:11 apChkLst Final Check List 03/09/2017 9:13:34AM CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 1001478 03/02/2017 019672 DENTON, KYRIA REFUND:SEC DEP:KITCHEN 200.00 200.00 RENTAL:CRC 1001479 03/02/2017 019673 MILLER, PARADYSE REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00 1001480 03/02/2017 019674 PALA BAND OF MISSION REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 INDIANS 1001481 03/02/2017 019675 PRATT, ROBIN 1001482 03/02/2017 019676 TAYLOR, THEA REFUND:MARY POPPINS - YOUTH 200.00 200.00 MUSICAL REFUND:MARY POPPINS - YOUTH 193.40 193.40 MUSICAL Grand total for UNION BANK: 863,465.68 Page:12 apChkLst 03/09/2017 9:13:34AM Final Check List CITY OF TEMECULA Page: 13 162 checks in this report. Grand Total All Checks: 863,465.68 Page:13 Item No. 4 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeff Kubel, Chief of Police DATE: March 28, 2017 SUBJECT: Approve the First Amendment to the Agreement with Data Ticket, Inc. DBA: Revenue Experts for Parking and Administrative Citation Processing PREPARED BY: Lt. Doug McGrew, Temecula Police Department Mary Vollmuth, Purchasing Manager RECOMMENDATION: That the City Council approve the First Amendment to the Agreement with Data Ticket, Inc. DBA: Revenue Experts, in the amount of $12,000, for Parking and Administrative Citation processing, for a total five-year Agreement amount of $162,000. BACKGROUND: On December 8, 2015 City Council approved a five-year agreement with Data Ticket, Inc. DBA: Revenue Experts for parking citation processing. In January 2016 the City Council adopted Ordinance No. 16-01, authorizing Temecula Police to issue administrative citations. The proposed amendment makes two changes to the Agreement. First, Data Ticket will now provide for the processing of administrative citations in addition to parking tickets and appeal hearings. Second, the price of processing the adjudication of parking tickets will be reduced by twenty-five cents, per citation appealed, due to the fact that the first level review of contested parking citations must now be handled by the Police Department per State law. Citation processing includes but is not limited to, review of issuances, collection of fines, dispute resolution, hearing appeals, and reporting. Data Ticket, Inc. is a well-established firm who has the experience and capability required to provide corresponding services for the processing of administrative citations issued. Through their online, web -based system, patrons can access citations issued, make payments, appeal a citation, and speak with a multi-bi-lingual customer service department. One key element their system offers is adjudication services via their online appeals solution. This allows patrons to place their citation on hold, submit their full explanation and attach back-up documentation, making it immediately available for a hearing with a certified and independent Hearing Officer. The cost for the first level review of parking citation adjudications will be reduced as a result of a recent court interpretation of the Vehicle Code 40215. Temecula Police shall have the authority to dismiss the citation or delegate the appeal for a second level review to Data Ticket. FISCAL IMPACT: Adequate funds are included within the Fiscal Year 2016-17 Police Department Operating Budget. For the remaining years of the Agreement, funds will be adequately appropriated within the Temecula Police Department budget for parking and administrative citation processing services. The cost of services will be offset by revenue received from remittance of paid citations. ATTACHMENTS: First Amendment with Data Ticket, Inc. DBA: Revenue Experts PD17-04 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DATA TICKET, INC. DBA: REVENUE EXPERTS PARKING AND ADMINISTRATIVE CITATION PROCESSING THIS FIRST AMENDMENT is made and entered into as of March 28, 2017 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Data Ticket, Inc. dba: Revenue Experts, 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 December 8, 2015, the City and Consultant entered into that certain five year Agreement entitled "Agreement for Parking Citation Processing", in the amount of $150,000. b. The parties now desire to reduce the cost for first level review of parking citation adjudications, add scope of work to include Administrative Citation processing services, increase the payment in the amount of $12,000 and 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 Twelve Thousand Dollars and Zero Cents (12,000.00), for the additional services of Administrative Citation processing for a total Agreement amount of One Hundred Sixty -Two Thousand Dollars and Zero Cents ($162,000.00). 3. Exhibit A and B to the Agreement are 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. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA DATA TICKET, INC. DBA: REVENUE EXPERTS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Maryann Edwards, Mayor Marjorie A. Fleming, President ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Bill Fleming, Secretary Peter M. Thorson, City Attorney CONSULTANT Data Ticket Inc., DBA: Revenue Experts Attn: Marjorie A. Fleming 4600 Campus Drive, Ste. 200 Newport Beach, CA 92660 Phone: 940-752-6937, ext. 310 Fax: 940-752-6033 mflemingc dataticket.com 2 PM Initials: Date: L ATTACHMENT A EXHIBIT A Parking Citation Processing: Data Ticket shall provide full services for the processing of fines, bail, and forfeiture thereof, in connection with the issuance of parking citations pursuant to the laws of the State of California. The Scope of Services / Tasks To Be Performed and Performance are as per the proposal provided by the Consultant and confirmed to be attached hereto and incorporated herein as though set forth in full. The City chooses not to participate in the Franchise Tax Board Collection, Social Security Search, and Escrow Banking service products and handheld ticket writers at this time. Administrative Citation Processing: Data Ticket shall provide full service for recording and processing Administrative Citations issued by the Temecula Police Department, per Cost Model 2, as outlined in Data Ticket proposal attached hereto and incorporated herein as though set forth in full. 3 EXHIBIT B Payment Rates and Schedule Prices for services are per the fee schedule for both Parking Citation and Administrative Citation Processing provided by the Consultant attached hereto and incorporated herein as though set forth in full, but in no event shall the total compensation for services exceed $162,000.00 for the total term of the Agreement except as provided pursuant to Section 4 of this Agreement. Parking Citation Processing: Pricing for parking citation processing remains the same as listed below, provided by Consultant December 8, 2015, with the exception of the change to the cost for 1st level citation adjudication whereas the cost per citation is lowered to .50 per citation as highlighted in yellow in the cost proposal indicated below, and outlined in Data Ticket proposal addendum attached hereto and incorporated herein as though set forth in full. The City chooses not to participate in the Franchise Tax Board Collection, Social Security Search and Escrow Banking service products and handheld ticket writers at this time for parking citation processing, but has the option to enroll in these programs at any time during the term of this Agreement. CITY OF TEMECULA PARKING CITATION COST PROPOSAL EXHIBIT B Description Fee for processing each manual citation Fee for collecting each delinquent or out of state parking citation Fee $1.40 per cite 27% of collections Data Ticket provides the following services and materials covered by the fees for in state and out-of-state citation processing, delinquent collections, customer service, adjudication scheduling and nationwide DMV interface for registered owner information. Data entry & updating of all handwritten citations & electronic entry & updating of all handheld citations Secure FTP site or email for easy transfer of data files Daily bonded courier from the Post Office Box Collecting, processing & applying all payments Processing all status changes to citation database User ID's & passwords for Client Access to website Viewing and printing of citation management reports and citations at the Agency 24/7 Citation management reports exportable to excel for manipulation Interactive capability on web site for Agency (void, dismiss, reduce etc.) Agency interface with database for payments, status changes and appeals Company credit card payments accepted via phone, IVR & paper Company credit card payments accepted online, real-time via Citation Processing Center, secure PCI certified website 24/7 citizen access to Agency database to view, appeal and pay citations Online and mailed appeals scheduled, sent and input to system All appeal correspondence sent first class mail — (Appeal decisions, appointments etc.) California certified Hearing Officers provided, scheduled and supported Interface with Agency for review, hearing, court information and scheduling Online connection to California DMV for daily registered owner information files Online connection to California DMV for daily hold and release files Online connection to Florida, Ohio, Texas, Washington, Oregon, New York, Pennsylvania, New Jersey, & Maryland DMV's for registered owner information Interface with DMV's nationwide for registered owner information via diskette, CD & tape, etc. Interface with third party vendor for nationwide registered owner information All forms, tracking and postage One courtesy delinquent notice sent Up to three delinquent notices sent Correspondence tracking and response Bi -lingual toll-free Interactive Voice Response (IVR) 24 hours per day, 24/7 Bi -lingual toll-free customer service lines answered by dedicated customer service representatives All customer service calls recorded for quality control and future recall if necessary Daily bonded bank courier for bank deposits Bank reconciliation Complete audit trail Comprehensive daily, weekly and monthly management reports on citation issuance and revenue available on-line 24/7 Ad hoc reports provided at no cost to Agency All required insurance and bonding California Corporate Headquarters Additional Correspondence $1.53 per piece Refunds & NSF'S handled by Company $5.00 per transaction 5 Scheduling: Review, Hearing and Court Appearances citation Hearings: Hearings are scheduled in accordance with Agency requirements at a designated Agency location, but must be held less than 90 days from request, according to CA law with a minimum of four hours per visit Escrow Banking (Optional) (All bank fees and supplies to be paid by Agency) FTB Tax Lien Participation & Social Security Search (Optional) FTB Collections Third Party Collections available upon request (Optional) VISA, MasterCard, Discover & American Express credit/debit cards accepted System and Ad Hoc Reporting DMV Inquiries and Registration Holds In-state and Out-of-state Payment Processing Internet Inquiry and Payment Processing $0.50 per appealed $85.00 per hour $100.00 per month $3.00 per record 15% of collections 30% of collections $ Included $ Included $ Included $ Included $ Included $ Included All bank fees to be paid by Agency Citizen will be charged $3.50 per credit card transaction Credit card transaction fees and postage fees will increase as costs for accepting credit cards online and/or postage rates increase. Citizen will be charged $15.00 per payment plan initiated Citizen will be charged $30.00 for each credit card chargeback fee incurred Data Ticket offers several different handheld ticket writers and will be happy to provide demo units and information including pricing, specifications, & support upon request. Administrative Citation Processing: Data Ticket shall provide full service for recording and processing Administrative Citations issued by the Temecula Police Department for the fees outlined within Data Ticket Administrative Citation Processing proposal, Cost Model 2, attached hereto and incorporated herein as though set forth in full. 6 City acknowledges there shall be a minimum fee of $200 per month if volume in Administrative Citation processing does not meet the service level outlined per citation recorded and processed. If costs in citation processing meet or exceed $200 per month the minimum monthly fee shall be considered satisfied. 7 DATA ■ TICKET'" 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 888-752-0512 www.DataTicketcom CITY OF TEMECULA SERVICE & FEE SCHEDULE AMENDMENT JANUARY 3, 2017 ADDENDUM #1 (ONE) TO THE AGREEMENT BETWEEN THE CITY OF TEMECULA and DATA TICKET, INC., PDI6-04 DATED DECEMBER 8, 2015 PARKING CITATIONS This addendum to the Agreement between The City of TEMECULA (AGENCY) and Data Ticket, Inc. (COMPANY) is to add the following service to the Contract Adjudication: 1" Level Review Hold & Scanning of Review Request From $.75 to $0.50 per citation • Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframelf the request was received within the required timeframe, Data Ticket's Adjudication Department will place the citation on an Administrative Review Request Hold and scan all received documentation into the Citation Management Solutionso it is displayed on the web for the Agency's Staffif the requestis received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a' time expired letter' rejecting the appeal All other terms and conditions of the Agreement remain as originally written. Proprietary and Confidential to Data Ticket, Inc. Phone: 949 752 6937 Fax: 949 752 6033 01/03/17 8 DATA ■ TICKET" 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone MFleming©DataTicket.com PROPOSAL FOR THE CITY OF TEMECULA Data Ticket offers two Cost Models for our Administrative Citation Processing Clients that allow our Clients to select the Cost Model that best suits their individual situation. Model 1 represents an all-inclusive option that has a higher upfront citation processing fee than Model 2 and includes full-service from Data Ticket's staff. This option is typically selected by Agencies whose Patrons pay their citations on an inconsistent basis. Model 2 is often selected by Clients who has a thorough understanding of their collection rates or collections occur within the first 30 days of a citation being issued. Regardless of the Model selected, you have the option to change Models at any point during a contract period. This provides our Clients with the maximum amount of flexibility so they may experience the maximum return on citations issued Description of Service Cost Model 1 Cast -- Model 2 Manual Administrative Citation Processing Services for the above-mentioned Items include: • On-site data entry of manually written citations performed within 48 hours of receipt • On-site quality assurance verification of manually entered citations • Scanning of all manually written citations onto our network for storage and ease of retrieval • Bi -monthly shredding of manually written citations Electronic Administrative Citation Processing: Services for the above-mentioned items include: • Automated citation transmission into Data Ticket's Citation Management Solution 24/7 • Automated confirmation email detailing successfully transmitted citations • Automated transmission of photos attached to citations Semi -Custom Noticing: Services for the above-mentioned items include: • A single Courtesy Notice printed on an 8' /z x 11" piece of paper and provided in a window envelope will be sent to the responsible party • All notices are attached to the citation online and are viewable via the web • All notices sent via 1st Class Mail • All notices include a return envelope in which the responsible party may submit payment • This cost will increase as the US Postal Service increases the 11' Class postage rate • Notices will be sent daily, Monday - Friday "$17.00 per citation $5.00 per citation $15.00 per citation $3.00 per citation Included $0.75 per notice 3 1 PROPRIETARY AND CONFIDENTIAL INFORMATION 10/262016 9 DATA4600 Campus Drive, Suite 200 Elf 1 ti Newport Beach, CA 92660 TICKET rx 9497526937(x)310 -Phone MFleming@DataTicket.com PROPOSAL FOR THE CITY OF TEMECULA Description of Service Delinquent Collections Services for the above-mentioned items include: • In addition to the 1'1 Courtesy Notice, two additional notices will be sent to the responsible party, at a time frame to be defined by the Agency • Notices will include a retum envelope in which the responsible party may submit payment • Notices will be sent via 131 Class Mail, for which Data Ticket will be responsible • A citation is considered delinquent at Cite Date plus 31 days • All notices are sent via First Class mail and all notices are printed on an 8 % x 11- sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to retum payment • All notices are attached to the citation online and are viewable via the web • Notices will be sent via 1st Class Mail, and Data Ticket will be responsible for the c;lat incurred • Notices will be sent daily, Monday - Friday • If Data Ticket does not collect on a citation that is delinquent, the A. =nc does not owe this fee Adjudication Holds and Scanning Services for the above-mentioned item include: • Data Ticket will accept Hearing Requests on behalf of the Agency • Dependent on the Agency's choice, Data Ticket will either review and approve the Hearing Request or provide the documentation received to the Agency for its decision tf the Request is accepted, Data Ticket's Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution so it is displayed on the web for the Agency's Staff and the Hearing Officer • Cost Cost Modell _Model2 Included 25% of revenue collected Included $1.50 per hold 41 PROPRIETARY AND CONFIDENTIAL INFORMATION 10/26/2016 10 DATA ■ TICKET 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone MFleming@DataTicket.com PROPOSAL FOR THE CITY OF TEMECULA Description of Service Adjudication Letters Services for the above-mentioned item include: • For each request received, Data Ticket will send a semi -custom Hearing Approval Letter and a Schedule letter or it will send a Semi -Custom Denial Letter 1 • Once the Hearing has been held, Data Ticket will send a semi - custom disposition letter to the Appellant detailing the Hearing Officer's findings • All Letters are sent via First Class mail and all Letters are printed on an 8 1/2 x 11" sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment • All Letters are attached to the citation online and are viewable via the web • Letters will be sent via 1s' Class Mail, and Data Ticket will be responsible for the cost incurred • Should the Agency request Letters to be sent via Certified Mail, Data Ticket will arrange this at a cost of $5.00 per Letter • Letters will be sent daily, Monday - Friday Administrative Hearings Services for the above-mentioned item include: • Data Ticket's independent, certified, insured hearing officers will be provided to perform in-person, phone, and written hearings, as required by the Agency • Each hearing request will be reviewed, heard or read, and all required research will be performed • The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency, Appellant and Data Ticket • The City will incur costs associated with mileage • Data Ticket will work with the Agency to arrange for the use of a conference room at a Agency location or the Agency may elect to have citations heard at a centralized location within the County Cost Cost Modell Modell Included S1.50 per! letter $85.00 per $85.00 hour per hour Franchise Tax Board SSN Look -up Services for the above-mentioned item include: • This fee will be assessed to lookup a social security number associated with a particular registered owner and address • _This charae is charged oer unique SSN. not per citation $3.00 per unique SSN $3.00 per unique SSN 5 I PROPRIETARY AND CONFIDENTIAL INFORMATION 10/26/2016 11 DATA I TICKET iIX 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone MFleming@DataTicket.com PROPOSAL FOR THE CITY OF TEMECULA Description of Service Cost Cost Model 1 Modell FTB Collections Services for the above-mentioned item Include: • This fee is charged if a citation is paid al the Franchise Tax Board • This charge is not combined with any other charge; for example if a citation is rolled to delinquent status and paid at FTB, only the 15% of revenue collected will be charged • Data Ticket will send a custom FTB Notice to the Patron as required by the Interagency Intercept Program; this notice will be sent via 1' Class Mail • All notices are attached to the citation online and are viewable via the web • Data Ticket will pay for the Agency's cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; the Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full • If Data Ticket does not collect on a citation that is at FTB, the Agency does not owe the collection fee • Data Ticket will send an FTB Notice to the Patron as required by the Interagency Intercept Program; this notice will be sent via 15` Class Mail 15% of revenue collected 15% of revenue collected Credit Reporting Collections Legal Action Not Required Services for the above-mentioned item include: • This fee is charged if a citation is paid at Advanced Credit Reporting Collections • This charge is not combined with any other charge; for example if a citation is rolled to delinquent status and paid at Credit Reporting Collections, only the 30% of revenue collected will be charaed 30% of revenue collected 30% of revenue collected Joint / Escrow Banking Services Services for the above-mentioned item include: • Daily deposits of funds to the Agency's escrow account • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card charge -backs and Insufficient Funds • Month-end reconciliation of all funds collected • Payment of Data Ticket's invoice • Disbursement of the net remittance to the Agency • Scanning of all payments directly to joint bank account daily using remote check deposit • The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year $100.00 per month $100.00 per month 6 1 PROPRIETARY AND CONFIDENTIAL INFORMATION 10/26/2016 12 DATA ■ TICKET "r 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone MFlemi ng@DataTicket.com PROPOSAL FOR THE CITY OF TEMECULA Description of Service Charge -backs and NSF's Services for the above-mentioned item include: . Cost Cost Model 1 Model 2 Data Ticket will process credit card charge -backs and NSFs when notified of each occurrence Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation Refunds Services for the above-mentioned item include: • Data Ticket will process refunds when notified of each need • In the event the utilizes Joint Banking Data Ticket will verify, generate and send each refund due • Refunds will be issued weekly • Refunds will be sent weekly via 1st Class Mail Monthly Minimum • A minimum fee of $200.00 will be chiirged on a monthly basis if services do not reach this level 71 10/26/2016 $5.00 per issued instance $5.00 per issued instance $5.00 per $5.00 per issued issued instance instance $200.00 $200.00 1L PROPRIETARY AND CONFIDENTIAL INFORMATION 13 DATA ■ TICKET" 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone MFleming@DataTicket.com PROPOSAL FOR THE CITY OF TEMEUCLA - SERVICES INCLUDED AT NO ADDITIONAL COST Online Access for the Agency's Patrons: Included The Agency's Patrons will have the ability to perform the following functions online: • View real-time citation(s) data • Pay for a single or many citation(s) • Request an Administrative Hearing and attach up to three documents supporting their position (optional) • Print a receipt • View pictures of the citation taken by the issuing officer (if the Agency allows) Online Access for the Agency's Staff: Included Access to the Agency's data is based on unique usemames and passwords assigned to each individual who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket. Our Solution is setup to maintain a complete audit trail for each and every transaction in the system so that the usemame is displayed next to every transaction in the system, indicating who performed the transaction and when. Dependent on the access rights provided to each Agency Staff member, the following capabilities are available: • View real-time citation(s) data, including pictures taken by the Issuing Officer • Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards • Accept payment via Cash, Check or Money Order • Process NSFs and Refunds • Reduce or increase violation amounts, dismiss citations, void citations and place a citation on hold • Change citation data, including violations, date, time, location, comments, and others • View the complete reason for a Hearing Request and supporting documentation provided by the Appellant directly online • Edit Appellant information • Upload disposition documents sent to the Agency via US Mail • Add a note to a citation and see all comments added to the citation • Print a receipt Conversion: Included • Data Ticket will convert the citations currently with the Agency's existing vendor at no cost to the Agency BI 10/26/2016 14 DATA ■ TICKET" 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone MFIeming@DataTicket.com PROPOSAL FOR THE CITY OF TEMEUCLA - SERVICES INCLUDED AT NO ADDITIONAL COST Reporting: Included • Data Ticket offers 23 reports online for our Clients to generate, print and re -print 24/7. We provide real-time reports that can be generated for any timeframe required and we provide pre-processed/month-end reports that reflect the month-end view of data. • All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available as long as the Agency is a Client. • All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes. • If the Agency were to request a report that was not already available, Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost. Manual Payment Processing: Included • Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office • On-site Mail Department opens, sorts and batches the payments before providing them to our on-site Data Entry Department • After double-blind entry of each payment, the citations are updated by our Quality Assurance team • Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank Customer Service: Included • Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix -it tickets, sign -offs, FTB, advanced credit reporting collections and more ■ All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review. ■ Data Ticket's IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due • The IVR accepts VISA, MasterCard, Discover, and American Express Web Presence: Included • Data Ticket's Solution is 100% web -based and Section 508 Compliant and is provided at: www CTiatiunProcessingCeriter corgi; this is a generic website in the sense that it is not Agency branded. This website allows for the Agency and the Agency's Patrons to access citations online • If the Agency prefers to have an Agency branded website, one in which the look and feel mimics that of the Agency's website, Data Ticket can and will provide this feature to the Agency. 9 I PROPRIETARY AND CONFIDENTIAL INFORMATION 10/26/2016 15 DATA ■ TICKET"" 4600 Campus Drive, Suite 200 Newport Beach, CA 92660 949 752 6937 (x) 310 - Phone MFleming@DataTicket.com PROPOSAL FOR THE CITY OF TEMECULA — FEES ASSESSED TO THE PATRON Credit 1 Debit Card Processing $3.50 per transaction • Data Ticket is PCI Compliant and provides for the ability to pay via Visa, MasterCard, Discover, and American Express on our website, www CitatrcrnPracessincicenler via our toll-free, bi-lingual Customer Service Representatives, and via our toll-free, bi- lingual IVR Solution • There is no charge to the Agency for credit / debit card processing; however, the Patron is charged $3.50 per transaction; this means the Patron can pay for a single or many citations at once and incur a single $3.50 fee Payment Plan Processing variable cost • An administrative fee will be assessed to Patrons who wish to participate in a payment plan • This fee will cover the cost of the payment plan initiation, and the cost of a confirmation letter that is sent to the Patron confirming the details of the payment plan • The Agency will have the ability to determine whether Payment Plans are accepted and, if so, what the parameters for payment will be Credit Card Chargeback Processing $30.00 per transaction • If a chargeback occurs, a fee will be charged to the Patron for the processing of the chargeback • No fee will be charged to the Agency 10 I . PROPRIETARY AND CONFIDENTIAL INFORMATION 10/26/2016 16 Item No. 5 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeff Kubel, Chief of Police DATE: March 28, 2017 SUBJECT: Approve the Purchase of Two BMW Police Motorcycles for the Temecula Police Department PREPARED BY: Lt. Doug McGrew, Temecula Police Department Mary Vollmuth, Purchasing Manager RECOMMENDATION: That the City Council approve the purchase of two BMW Police Motorcycles for a total amount of $59,340.42. BACKGROUND: The Temecula Police Department is committed to obtaining the best technology to ensure officer safety and enhance enforcement for public safety. Since 2009, the Temecula Police Department has been evaluating the performance and emergency features of the BMW Police motorcycles within its fleet. The BMW Police motorcycle continues to rate high in performance and comes fully built by the factory with all emergency lighting, radio communication, safety and GPS components and accessories installed by the dealership. Two additional Police Motorcycle Officers were approved as part of the Fiscal Year 2016-17 Mid -Year Budget at the February 28, 2017 City Council meeting, funded by the local Measure S tax approved by Temecula citizens. The additional Officers will be assigned to the Temecula Police traffic safety division, requiring the purchase of two new motorcycles that be received by April 30, 2017. A Request for Proposal (RFP) to provide and service BMW Police motorcycles was conducted in July of 2015. Power Sports Unlimited dba: BMW Motorcycles of Escondido was deemed the best qualified and lowest priced regional dealership for the purchase and maintenance of Temecula Police motorcycles. FISCAL IMPACT: Adequate funds for the purchase are included in Fiscal Year 2016-17 Police Department Operating Budget. ATTACHMENTS: Quote — R 1200 RT -P Motor Pricing Form R 1200 RT -P Motor Pricing Form Color Option Code 1 Night Black & Alpine White III 753 0 Night Black (special order) 716 Revised 11/9/2016 0 Alpine White III (special order) 751 0 Saphir Blue (Michigan State Police Blue) 755 0 Glacier Silver Metallic (South Carolina State Police) N99 Quotation: Motorcycle K 52 SF BMW Metarreg 45A Tie Ult.ma,e Ft.ng Maenine City of Temecula Option Code 0 Dynamic ESA 191 0 Keyless Ride w/two transmitters 193 0 Gear Shift Assist Pro 222 0 GPS Preparation 272 0 Dynamic Package (204, 219, 224, 5AC) 238 0 Chrome Exhaust 350 0 LED Auxiliary Headlight 562 0 Fire Extinguisher 666 0 High Seat Black 610 0 Low Seat Black 776 Retail Price $870.83 a $435.42 a $435.42 ca $187.50 Q $297.92 ts)_ $137.50 E $504.17 $160.42 U $0.00 $0.00 $19,692.71 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 The Options Below are Standard Order Deck - Removal is only by Special Order - Option Delete 1 Heated Seat 518 $145.83 $145.83 1 Tire Pressure Monitoring 530 $229.17 $229.17 1 Cruise Control 538 $320.83 $320.83 1 Weather Protection 649 $227.08 $227.08 Qty Item Description Per Emergency Warning Lights (10) BMW P/N Order # Retail Total Retail 5 Red LED -X Light 5 Blue LED -X Light 0 Amber LED -X Light 0 White LED -X Light 63 17 2 361 718 10 $103.49 63 17 2 361 719 10 $103.49 63 17 2 361 720 0 $103.49 63 17 2 361 721 0 $111.83 Rear Duplex Emergency Warning Light (1) 0 Duplex LED -X Red / Red 63 17 2 361 728 0 $330.34 0 Duplex LED -X Blue / Blue 63 17 2 361 729 0 $361.25 1 Duplex LED -X Red / Blue 63 17 2 361 730 2 $345.80 0 Duplex LED -X Blue / Amber 63 17 2 361 731 0 $345.80 0 Duplex LED -X Amber / Amber 63 17 2 450 784 0 $330.34 $517.47 $517.47 $0.00 $0.00 $0.00 $0.00 $345.80 $0.00 $0.00 Take -Down (4) Alley (2) TS (2) BT (2) Saddlebag Light (1) Red ID (1) 6 White Torus LED TDL/Alley 63 17 2 361 722 12 $73.45 $440.70 2 Auxiliary LED Turn Signals 63 17 2 361 725 4 $69.55 $139.10 2 Auxiliary LED Brake/Tail Light 63 17 2 361 726 4 $54.09 $108.18 1 Saddlebag LED Lights w/sensor switch 63 17 2 361 727 2 $137.16 $137.16 0 Red ID Lights (replacing blue ID lights) 63 17 2 361 724 0 $102.51 $0.00 Non -BMW Options or Additional Labor Operations Provided by Dealer PVP Wireless Kit for Motorola APX 7500 Specialty made Lidar / ticket printer / pda holder Labor - Install agency supplied radio $883.00 $525.00 $0.00 $300.00 $0.00 Units 2 Quotation valid for 60 days from date noted below. 3/8/2017 Total Price - Page 1 Total Price - Page 2 Total Price - Page 3 Total Price - Page 4 $3,613.88 $1,116.07 $1,118.66 $0.00 Dealer Basic Assembly / Preparation $ 360.00 Motorcycle Freight $495.00 Total Retail Price per Unit with Options 7.75% State Sales Tax (if applicable) Total Retail Price per Unit with Options $26,464.23 $2,050.98 $29,670.21 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. R 1200 RT -P Motor Pricing Form K52 SF Quotation for: City of Temecula Additional Accessories Qty Per Item Description Additional Accessories BMW P/N Order # Retail Dealer Installed Options / Retrofits 8t1: klatanad 0 Hill Start Control - Enabling Code 0 Shift Assistant Pro (hardware) 0 Shift Assistant Pro - Enabling Code 0 Ride Modes Pro - Enabling Code 0 BMW Sport Exhaust System 0 Fire Extinguisher w/Bracket (1 Kg Dry Powder) 0 Fire Extinguisher Mount Kit (for LH saddlebag) 0 LED Auxiliary Headlights (order 2) 0 Bolt 6 x 40 (order 2) 0 M6 Hex Nut (order 2) 0 Adaptor Cable (order 2) Requires Activation by Dealer - No Code Needed 77 23 8 536 874 23 41 8 536 884 13 61 8 545 879 13 61 8 534 237 77 11 8 543 042 72 60 0 000 335 46 54 7 694 900 63 17 8 532 147 63 12 7 699 141 07 12 9 905 826 61 12 8 555 760 0 $181.45 0 $501.70 0 $41.15 0 $203.91 0 $1,046.74 0 $60.07 0 $85.79 0 $126.42 0 $4.26 0 $1.26 0 $47.15 Convenience Options 0 Extra Ignition Key - No Keyless Ride 0 Extra Ignition Key - Keyless Fob Transmitter 0 Police Side Stand Extension / Base 1 Map Light 0 Work Light 1 Note Pad Holder 0 POLICE Decal Set 1 Rear Flashlight Holder - Right or Left 0 Rear Flashlight / PR24 Holder - Right 0 Rear Flashlight / PR24 Holder - Left 0 Rear Vertical Shotgun Mount 1 M4 Combat Assault Rifle Mount 1 Shotgun / Assault Rifle Mounting Bracket 0 LAPD Rear Gun Lock Release 0 Gun Lock Variable Timer (required for above) 0 Heated Seat - Low 0 Heated Seat - High 0 Tire Pressure Gauge 1 BMW Motorrad Battery Charger (2.5 Ah) 0 DVD Repair Manuals R Models K5x 51 25 8 540 950 51 25 8 540 951 71 60 2 412 389 71 60 2 407 772 71 60 7 705 570 65 14 0 421 315 82 00 0 419 312 71 60 2 407 773 71 60 2 407 775 71 60 2 407 776 65 14 0 445 541 65 14 2 153 836 71 60 2 407 777 71 60 2 408 078 65 14 2 163 695 52 53 8 544 786 52 53 8 544 792 82 12 0 140 377 77 02 8 551 897 01 59 8 555 666 $70.55 $134.02 $30.34 $99.44 $37.92 $40.45 $67.34 $147.47 $189.61 $189.61 $450.00 $646.07 $49.72 $56.18 $51.69 $344.84 $344.84 $39.29 $132.92 $84.09 0 Motorcycle Full Cover 0 Motorcycle Half Cover 71 60 2 212 962 0 $91.29 71 60 2 212 204 0 $32.87 Video Integration 0 L3 Mobile Vision Display Mount 0 Video System Camera Mount 0 Road Warrior Display Head Mount 0 Road Warrior Processor Mount - Radio Box 0 Video System Icon Connection Plug 71 60 2 409 959 71 60 2 407 779 71 60 2 409 960 65 14 2 153 832 71 60 2 407 780 0 0 0 0 0 $32.87 $18.54 $32.87 $33.29 $8.15 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. Total Retail $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $99.44 $0.00 $40.45 $0.00 $147.47 $0.00 $0.00 $0.00 $646.07 $49.72 $0.00 $0.00 $0.00 $0.00 $0.00 $132.92 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 R 1200 RT -P Motor Pricing Form K52 SF Quotation for: City of Temecula Additional Accessories Qty Per Item Description Additional Accessories GPS Navigation BMW P/N Order # Retail MN MsAerrad USA 1 BMW Navigator V GPS Kit Complete 1 GPS Dashboard - Upper 1 GPS Dashboard - Lower 1 GPS Release Push Button 1 GPS Mount Cradle 0 Car Kit for Navigator V 77 52 8 536 778 77 31 8 545 667 77 31 8 545 668 46 63 8 542 042 77 52 7 721 941 77 52 8 544 460 2 2 2 2 2 0 $601.49 $113.87 $96.34 $4.56 $130.88 $121.53 Storage Options 0 Saddlebag Liners (each) 0 Tank Top Bag 71 60 7 704 109 77 45 8 543 227 0 0 $77.42 $263.19 Radio Options 1 Radio Power Plug Connector 1 Radio Speaker Plug 1 Helmet Headset Interface Plug 0 Microphone Attachment Mount (need kit below) 0 Kustom/Stalker/MIC Remote Attachment Kit 1 Radio "Y" Power Harness 1 Radio Quick Mounting Plate 0 Siren PA Cable Kit 1 Low Band Antenna Mount 0 800 MHz Antenna Ground Plate 82 00 0 419 534 71 60 2 407 781 71 60 2 407 782 71 60 2 408 075 71 60 2 407 778 71 60 2 448 984 71 60 2 408 076 71 60 2 447 074 71 60 2 448 421 65 14 0 403 652 2 2 2 0 0 2 2 0 0 0 $4.61 $8.99 $8.99 $24.44 $11.24 $25.48 $25.28 $24.87 $39.75 $33.36 Accessory Connection Plugs 1 Accessory Connection Plugs (3) 1 Tyco DUAC Release Tool w/sockets (25) 0 Power Socket Plug - DIN 71 60 2 407 783 71 60 2 407 784 61 13 8 060 106 2 2 0 $8.99 $49.44 $21.51 Engine Protection 0 Valve Cover Guards - Stainless Steel 0 Sump / Engine Protection Guard 0 Fillister Head Screws M6 x 20 (order 5) 0 Grommet (order 5) 0 Bushing (order 5) 0 Bracket front (order 1) 0 Bracket Rear (order 1) 0 C -Clip Nut M6 (have been included w/brackets) 0 Fillister Head Screws M8 x 25 (order 5) 77 14 8 533 745 11 84 8 532 939 07 12 9 908 076 13 53 1 341 283 11 84 8 544 832 11 84 8 532 937 11 84 8 532 940 07 14 7 693 887 07 12 9 907 382 0 0 0 0 0 0 0 0 0 $191.25 $106.40 $2.25 $1.66 $3.42 $26.51 $43.22 $1.87 $1.45 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. F.iding MxMlne• Total Retail $601.49 $113.87 $96.34 $4.56 $130.88 $0.00 $0.00 $0.00 $4.61 $8.99 $8.99 $0.00 $0.00 $25.48 $25.28 $0.00 $39.75 $0.00 $8.99 $49.44 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 R 1200 RT -P Motor Pricing Form K52 SF Quotation for: City of Temecula Radar Options BMW Malamtl VSA The inute HM4ng Machine' 0 Front 12v Power Outlet (lighter style) 71 60 2 407 785 0 $51.46 0 Front Single USB Power Outlet 71 602446871 0 $47.19 0 Fused Front Power Socket Harness 71 60 2 409 958 0 $27.81 0 Radar Connection Plug 71 60 2 407 786 0 $4.99 0 Kustom Eagle Display Head Mount 71 60 2 407 787 0 $40.45 0 Kustom Raptor Display Head Mount 71 60 2 407 788 0 $40.45 0 Kustom Raptor Radar Counter Mount 65 14 2 153 829 0 $29.92 0 Kustom Ka Band Front & Rear Antenna Mounts 71 60 2 407 789 0 $61.48 0 Kustom K Band Front & Rear Antenna Mounts 71 60 2 407 790 0 $64.04 0 Kustom Radar Remote Control Mounting Plate 71 60 2 407 791 0 $20.22 0 Kustom/Stalker/MIC Remote Attachment Mount 71 60 2 407 778 0 $11.24 0 MPH Bee III Display Head Mount 71 602409957 0 $38.76 0 Stalker DSR 2X Display Head Mount 71 602407 792 0 $39.61 0 Stalker DSR LED Display Head Mount 71 60 2 449 791 0 fgp 0 Stalker Dual Waterproof Display Head Mount 71 60 2 407 793 0 $43.82 0 Stalker Front & Rear Antenna Mounts 71 60 2 407 794 0 $61.52 0 Stalker Radar Remote Control Mounting Plate 71 60 2 407 774 0 $21.91 0 Stalker Radar Counter Mount (radio box lid) 71 602407 795 0 $23.60 0 Radar / Lidar Gun Adaptor Plate 71 60 2 409 956 0 $20.22 0 Kustom Talon Radar Gun Mount 65 14 0 415 855 0 $183.15 0 LTI Ultralite 20/20 Lidar Gun Mount 65 14 0 415 856 0 $183.15 0 Kustom Pro -Laser 3 Lidar Gun Mount 65 14 0 415 857 0 $183.15 0 Stalker II Radar Gun Mount 65 14 0 431 464 0 $60.67 0 Decatur Genesis Radar Gun Mount 65 14 0 445 545 0 $111.66 0 Stalker Lidar Gun Mount 65 14 0 415 846 0 $146.52 Note: Prices subject to change without notice. Always verify accuracy of part pricing before submitting quotations. Final price is always determined by the selling authorized BMW Motorcycle dealer. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 NPY $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Item No. 6 Approvals City Attorney Finance Director City Manager ..IA CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: March 28, 2017 SUBJECT: Receive Report Regarding Status of Upcoming Vacancies on Boards and Commissions PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council receive the report regarding the status of upcoming vacancies on Boards and Commissions. BACKGROUND: In an effort to ensure early notification of upcoming vacancies on the City's various Boards and Commissions, staff has implemented a process to notify the City Council and the public of upcoming vacancies in advance of publication. On June 15, 2017, there will be one vacancy on the Planning Commission and two vacancies on the Old Town Local Review Board. The vacancies will be advertised through established procedures including the newspaper, website and social media outlets. The application for these vacancies will be available on April 1, 2017 and the application period will be open from April 1, 2017 — April 30, 2017. It is anticipated that the City Council will make appointments to fill the vacancies at the May 23, 2017 regularly scheduled meeting, ensuring continuity of service prior to the expiration of existing terms. Additional information is available through the City Clerk's office. FISCAL IMPACT: None ATTACHMENTS: None Item No. 7 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: March 28, 2017 SUBJECT: Approve an Amendment to the Agreement with California State University San Marcos for Students and Faculty to Conduct Coursework and Research for Academic Purposes at Roripaugh Ranch Preserve PREPARED BY: Becky Obmann, Administrative Assistant RECOMMENDATION: That the City Council approve an Amendment to the Agreement with California State University San Marcos for students and faculty to conduct coursework and research for academic purposes at Roripaugh Ranch Preserve. BACKGROUND: On August 13, 2013 the City entered into an agreement with California State University San Marcos at the request of the Higher Education Subcommittee as part of their goal to provide higher education opportunities to the community and a much needed area for University research. This agreement lends the opportunity for students and faculty of CSUSM to conduct research as required by Science and Biology coursework. The Roripaugh Ranch Preserve is conserved land owned by the City and is located at the north east end of the City's boundaries. The preserve is comprised of native and nonnative grasslands and includes over one mile of the Santa Gertrudis Creek which offers many species of plants and animals and makes it an ideal location for related academic studies. The City and California State University San Marcos now wish to amend the agreement and extend the term for an additional three years as described and in accordance with the original agreement. CSUSM will continue to work with the Center for Natural Lands Management, the property manager for the preserve to ensure that their research activities abide by the AD 161 conservation plan. FISCAL IMPACT: None ATTACHMENTS: Amendment California State University SAN MARCOS Procurement & Support Services AGREEMENT AMENDMENT Amendment No.: of Tel: 76o 750-4555 Fax: 760 750-3286 WWW.csusm.edu/procurement contracts@ csusm. edu Agreement No.: Aioi339 This Amendment No. oito Agreement No. A1o1339 ("Agreement"), is made and entered into between California State University San Marcos (which is the Trustees of the California State University and is one of 23 campuses in the California State University System), hereafter referred to as "CSUSM" and City of Temecula, hereinafter referred to as "TEMECULA" and collectively, the Parties. The Parties mutually agree to amend the Agreement as follows: 1. To extend the Term of the Agreement in accordance with Section i.i for an additional three (3) years. This Agreement shall expire on August 2. Replace: F. CSUSM: Gerardo Gonzalez Dean of Graduate Studies Associate Vice President for Research San Marcos, CA 92078 (760) 750-4094 With: F. CSUSM: Deborah Kristan Department Chair Biology (760) 750-4638 Dkristan@csusm.edu 13, 2019. All other terms and conditions of the Agreement shall remain in full force and effect. This Amendment shall be effective as of August 13, 2016. Signatures below indicate acceptance of the terms, conditions, and responsibilities contained herein and represent that the signatories are authorized to bind the respective Parties. SIGNATURES CONTINUED ON NEXT PAGE Page iof2 CALIFORNIA STATE UNIVERSITY SAN MARCOS CITY OF TEMECULA Neal Noss (date) Maryann Edwards (date) Interim, Vice President Finance & Administrative Mayor Services Attest: Randi Johl City Clerk Peter M. Thorson City Attorney (date) (date) Page 2 of 2 #A1o1339-01 Item No. 8 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: March 28, 2017 SUBJECT: Approve the Sponsorship Agreement with the Office of the District Attorney, County of Riverside and Receive and File Temporary Street Closure for the National Crime Victims' Rights Week Candlelight Vigil PREPARED BY: Dawn Adamiak, Community Services Manager Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council approve the Sponsorship Agreement with the Office of the District Attorney, County of Riverside for City staff support valued at $1,195 and in-kind promotional services valued at $11,415 and approve temporary street closures for the National Crime Victims' Rights Week Candlelight Vigil. BACKGROUND: Staff received a sponsorship request from the Office of the District Attorney, County of Riverside to provide support for National Crime Victims' Rights Week Candlelight Vigil to be held on April 5, 2017. Every year in April, the Office of Victims of Crime helps lead communities throughout the country in their annual observances of National Crime Victims' Rights Week which will be observed April 2 -8, 2017. This year's theme - Strength, Resilience, Justice - reflects a vision for the future in which all victims are strengthened by the response they receive, organizations are resilient in response to challenges and communities are able to seek collective justice and healing. The Office of the District Attorney, County of Riverside Candlelight Vigil pays tribute to crime victims of Riverside County by promoting victims' rights and honoring crime victims and those who advocate on their behalf. The National Crime Victims' Rights Week Candlelight Vigil necessitates the physical closure of all or portions of certain streets within the Old Town area. The closures are necessary to facilitate the event and protect participants and viewers. Road closures for the Candlelight Vigil at the Town Square will occur between 4:00 p.m. to 9:00 p.m. with the actual event occurring from 7:00 p.m. to 8:00 p.m. The street closures are scheduled as follows: Main Street From the easterly driveway edge of 28636 Old Town Front Street at Rosa's Cantina to Mercedes Street 4:00 p.m. to 9:00 p.m. on Wednesday, April 51h Mercedes Street Between Fourth Street and Third Street 4:00 p.m. to 9:00 p.m. on Wednesday, April 51h The street closure locations and the layout for the National Crime Victims' Rights Week Candlelight Vigil event are shown on the Road Closure Map attached. Mercedes Street traffic for the event will be detoured via Third and Fourth Streets. The Old Town Parking Garage will be open with ample free parking available to the public during the event. 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 events. FISCAL IMPACT: The fiscal impact comprises City staff support in the amount of $1,195 and in-kind promotional services valued at $11,415. All costs are included in the Fiscal Year 2016-17 Operating Budget of the supporting departments. ATTACHMENTS: 1. Agreement 2. Road Closure Map SPONSORSHIP AGREEMENT BETWEEN CITY OF TEMECULA AND THE OFFICE OF THE DISTRICT ATTORNEY COUNTY OF RIVERSIDE THIS AGREEMENT is made and effective as of this 28th day of March, 2017, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Office of The District Attorney, County of Riverside , a Riverside County Agency (hereinafter referred to as the "Agency"). 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 Agency shall operate the National Crime Victim's Rights Week Candlelight Vigil (hereinafter referred to as the "Event") on April 5, 2017. The Event is a special event which is located in the Civic Quad. b. The Event includes a candlelight vigil paying tribute to crime victims of Riverside County, promoting victims' rights and honoring crime victims and those who advocate on their behalf. c. Alcohol will not be served. d. The City desires to be a Co -Sponsor of the Event. 2. TERM This Agreement shall commence on March 28, 2017, 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. 3. CONSIDERATION a. In exchange for providing the Agency with in-kind city -support services valued at an amount not to exceed One Thousand One Hundred Ninety -Five Dollars and No Cents ($1,195.00) and in-kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00) as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. 4. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Agency shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 5. PERMITS The Agency shall file an application for a Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Agency shall comply with all conditions of approval for the, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 6. MEETING ATTENDANCE The Agency shall attend all City pre -event planning meetings and event recap meetings if warranted. 7. INDEMNIFICATION The Agency 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 Agency's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 8. INSURANCE The Agency 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 March 31, 2017, 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 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: 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. injury and property d Employer's Liability: 2) Automobile Liability: One million ($1,000,000) per accident for bodily amage. 3) Worker's Compensation as required by the State of California; One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City 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 Agency; products and completed operations of the Recipient; premises owned, occupied or used by the Agency; or automobiles owned, leased, hired or borrowed by the Agency. 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 Agency'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, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Agency'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 Agency 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 Agency's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. GOVERNING LAW The City and the Agency 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. 10. LEGAL RESPONSIBILITIES The Agency 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 Agency 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 Agency to comply with this section. 11. ASSIGNMENT The Agency shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 12. 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: To Recipient: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Office of The District Attorney, County of Riverside Attn: Rachel Maurice 3960 Orange Street Riverside, CA 92501 15. INDEPENDENT CONTRACTOR a. The Agency 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 Agency shall at all times be under the Agency'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 Agency's officers, employees, or agents except as set forth in this Agreement. The Agency 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 Agency shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. No employee benefits shall be available to the Agency in connection with the performance of this Agreement. Except for the fees paid to the Agency as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Agency for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Agency for injury or sickness arising out of performing services hereunder. 16. 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. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Agency warrants and represents that he or she has the authority to execute this Agreement on behalf of the Agency and has the authority to bind the Agency 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 By: Maryann Edwards, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney OFFICE OF THE DISTRICT ATTORNEY, COUNTY OF RIVERSIDE (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Michael Hestrin, District Attorney By: Melissa Donaldson, Division of Victim Services Director AGENCY Office of The District Attorney, County of Riverside Attn: Rachel Maurice 3960 Orange Street Riverside, CA 92501 951-955-5680 rachelmaurice@rivcoda.org PM Initials: *4 Date: EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Office of The District Attorney, County of Riverside shall provide the following benefits and services for the citizens of the City of Temecula: • Organizing a candlelight vigil paying tribute to crime victims of Riverside County, promoting victims' rights, and honoring crime victims and their advocates • City of Temecula logo/name on advertisements • City of Temecula name on all press releases • City of Temecula logo/name on event poster • City of Temecula logo/name on event flyers EXHIBIT "B" IN-KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the National Crime Victims' Rights Week Candlelight Vigil event. The following expenses can be anticipated for the event: Police: $ 500.00 Public Works: $ 445.00 Community Services: $ 250.00 TOTAL: $ 1,195.00 ESTIMATED VALUE OF PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA The estimated value for in-kind promotional assistance provided by The City of Temecula for the National Crime Victims' Rights Week Candlelight Vigil is as follows: Item Value Auto Mall Marquee Appears approximately once every 4'/ minutes Cable Channel Event slide appears approximately once per hour for 30 seconds City Website Event listing on the City of Temecula's event calendar Promotional Poster 42X66 poster located in the concourse at the Civic Center $ 3,115.00 $ 5,100.00 $ 2,200.00 $ 1,000.00 TOTAL VALUE: $ 11,415.00 NA TIONAL CRIME VICTIMS' RIGHTS WEEK CANDLELIGHT VIGIL (MAIN STREET AND MERCEDES STREET) WEDNESDAY, APRIL 5, 20/7 LEGEND STREET CLOSURE BARRICADE EXHIBIT '4' Item No. 9 Approvals City Attorney Finance Director City Manager Rier- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: March 28, 2017 SUBJECT: Approve a Purchase and Install Agreement with Helixstorm, Inc. for Technology Services PREPARED BY: Paula Crowell, IT Administrator RECOMMENDATION: That the City Council: 1. Approve a Purchase and Install Agreement with Helixstorm, Inc., in an amount not to exceed $97,146, for Technology related services; 2. Authorize the City Manager to approve Contract Change Orders up to 10% of the contract amount of $9,714. The City has previously contracted with Helixstorm for Information Technology Infrastructure Support. The City's Information Technology and Support Services (IT & SS) Department supports the City's network, servers, Wi-Fi, computers, mobile devices, database administration, phone system, cellular phones, City government television station, media services, and emergency communication systems. Within the City operations, IT maintains more than 400 computers networked across 17 City facilities, 5 Fire Stations, 2 Police Storefronts, and 1 Police Station. Helixstorm is a consulting firm that provides a high level of service and in-depth knowledge base that is expected and required to efficiently and effectively assist the IT Department with systems administration. The approval of this Purchase and Install Agreement with Helixstorm, Inc., authorizes the Firewall replacement to provide greater network security, unified network administration, and improve network speed. On January 27, 2017, the City solicited a Request for Proposal (RFP) via the City's online bidding system, PlanetBids. On February 8, 2017, a total of two vendors submitted a responsive proposal. The most qualified bidder was Helixstorm, Inc., a local vendor, in the amount of $97,146. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July 2012. FISCAL IMPACT: Adequate funds have been budgeted in the Information Technology Operating Budget. ATTACHMENT: Consultant Services Agreement PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND HELIXSTORM, INC. FIREWALL UPGRADE AND MIGRATION THIS AGREEMENT is made and effective as of March 28, 2017, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Helixstorm, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on March 28, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2018, unless sooner terminated pursuant to the provisions of this Agreement. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install for the City a single firewall solution that provides enterprise wide network visibility consisting of 2 Palo Alto Networks as more particularly described in Exhibit A, Description of Equipment and or Scope of Work, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). Attached hereto as Exhibit C is a copy of the Firewall Upgrade and Migration Request for Proposal #IT16-07. 3. PURCHASE / INSTALLATION PRICE The Purchase Price which City agrees to pay to Contractor for the Equipment, Installation and Configuration is Ninety -Seven Thousand, One Hundred Forty -Six Dollars and No Cents ($97,146.00). The Purchase Price is final and shall be paid by City to Contractor. Attached hereto as Exhibit B is the Payment Rate and Schedule. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council. 4. SCOPE OF WORK Contractor shall manufacture, install and migrate the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work"). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. 5. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as the firewall solution that provides enterprise wide network visibility and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. 6. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 7. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 92590. 8. TIME OF DELIVERY The date and time of delivery of the Equipment shall be before June 30, 2017. 9. PLACE OF DELIVERY The Equipment shall be delivered to this location: 41000 Main Street, Temecula, California 10. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 11. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to affect a cure of the original tender by Contractor. 12. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City 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 Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 13. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and/or Scope of Work attached hereto as Exhibit A. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Contractor's response to the RFP, this Agreement shall prevail over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the Contractor's response to the RFP. 14. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 15. INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 16. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 17. LEGAL RESPONSIBILITIES The Contractor shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. INDEPENDENT CONTRACTOR a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 20. ASSIGNMENT The Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Contractor. 21. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: To Consultant: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Helixstorm, Inc. Attn: Aaron Schneider 27238 Via Industria Temecula, California 92590 22. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 23. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 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 HELIXSTORM, 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: Maryann Edwards, Mayor Aaron Schneider, Principal ATTEST: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Eric Henry, CTO Peter M. Thorson, City Attorney CONTRACTOR Helixstorm, Inc. 27238 Via Industria Temecula, California 92590 Attn: Aaron Schneider Phone: (951) 225-3493 E-mail: aaron.schneider@helixstorm.com PM Initials: Date: EXHIBIT A DESCRIPTION OF EQUIPMENT AND/OR SCOPE OF WORK INTRODUCTION Helixstorm has the capability to be the single source for building integrated IT solutions for the City of Temecula. Helixstorm focuses on core hardware and software products that are combined with a unique consulting methodology to deliver a solution tailored to the customer's requirements. Finally, Helixstorm's goal is to develop a solid working relationship and a familiarity with City of Temecula's computing environment and associate requirements to validate the solution. Helixstorm is in a singular position to provide the best possible solution in continuing support of this mission -critical environment. The combination of these factors, combined with strategic pricing initiatives, makes Helixstorm uniquely qualified to provide the design, consulting, and implementation of this infrastructure solution for the City of Temecula. Helixstorm is pleased to provide this statement of work, under which Helixstorm will provide Datacenter Support Services described herein. This Statement of Work is effective as of 02/03/2017 (the Effective Date). OBJECTIVE To improve overall performance at the City's main datacenter location and standardize Palo Alto Firewalls across the City's last remote facility, Ronald H. Roberts Temecula Public Library. The proposed PA3020's at the Civic Center will allow for: 2 Gbps Firewall Throughput 1 Gbps Threat Prevention Throughput 500 Mbps IPSec VPN Throughput 50,000 New Sessions per Second 250,000 Max Sessions 1,000 SSL VPN Users 10 Virtual Routers 2,500 Policies This improvement will allow for better scalability of multiple internet connections and servicing of the City's network needs (private and public consumption). The current PA500's would be repurposed for the Library, which would still boast: 250 Mbps Firewall Throughput 100 Mbps Threat Prevention Throughput The advantage of using Helixstorm Professional Services is proven by the successful implementations and satisfactory reviews received from its nation-wide customer base. This success is attributed to key deliverables that go above and beyond basic installations: Project Management Overseeing the services installation from conception to finality, Helixstorm assigns a project manager as the customer's single point of contact and first escalation point. In addition, the project manager has the support of a Services Resource Coordinator and the VP of Professional Services as escalation points. Project Management services are comprised of coordination of all correspondence and status meetings, verifying shipping accuracy, coordinating various resources required to complete the installation, and providing escalation management. Design Services and Pre -installation Planning Design Service and Pre -install Planning provide a thorough understanding between Helixstorm and the City of Temecula on the Final accepted solution. Helixstorm welcomes customer input and feedback in this phase of the process. Final acceptance and sign -off from the customer is required to proceed to the next stage. Knowledge Transfer Helixstorm consultants take the time to go over the functionality of each piece of newly installed hardware. While this orientation does not take the place of any formal training, it provides a comfort level for your staff to begin usage of the systems from day one. Documentation Helixstorm Consultants will deliver at the conclusion of your project, documentation to be used to reference and maintain your systems. The documents contain detailed installation procedures executed during the installation of servers, as well as diagrams and system outputs proven beneficial to the administration of the machines. SOLUTION OVERVIEW Example HA configuration to be performed at both sites: Active/Passive HA Operation Primary Path Secondary Path 7 Control Plane Sync Configuration Data Plane Sync Active Session SERVICE DESCRIPTION AND DELIVERABLES Helixstorm will perform the tasks listed in the Service Deliverables section. A brief description of these tasks includes: Install and configure the following equipment: • 2x Palo Alto PA3020's for Civic Center (migrate from existing PA500's) • 2x Palo Alto PA500 for Library (migrate from existing Fortinet's) HELIXSTORM SERVICES DELIVERABLES Pre -Installation Tasks Project Preparation • Internal Kickoff • Customer Kickoff • Design, Preparation and Planning (including customer input) o Integrating new PA3020's into existing Infrastructure for Civic Center o Installing PA500's and migrate Fortinet firewalls for Library o Cut -over dates for minimizing downtime (both sites) At City Hall • Setup and configure (2) PA -3020 Firewalls • Install and Configure Threat Prevention, Wildfire, URL Filtering, client -facing VPN • Upgrade PA3020's to latest FW (PANOS, GlobalProtect, etc) • Port existing PA -500 config file and rules to PA -3020 • Decommission PA -500 and replace with 3020 (after-hours downtime) • Move PA -500 to Library At Library Upgrade PA500's to latest FW (PANOS, GlobalProtect, etc) Document current rules, routes, groups, interfaces, and services from existing Fortinet • Port rules, routes, groups, interfaces, and services from Fortinet to PAN • Migrate from Fortinet to PAN (after-hours downtime) • CoT to test functionality is same on PAN as on Fortinet • Assist with troubleshooting to ensure proper communication externally and between sites • Document setup and configuration Panorama Configuration • Download and deploy latest Panorama appliance • Configure and add to backups • Update appliance if needed • Import the following existing devices into Panorama: - Temecula Civic Center (HA pair) - Ronald H. Roberts Temecula Public Library (HA pair) - Senior Center - Old Town Temecula Community Theater / Pennypickle's Workshop - Margarita Recreation Center - Temecula Community Center • Analyze and standardize all configurations against Panorama • Port and migrate duplicate objects, security rules, nat rules, etc, to the Global configuration • Configure retention policy of PA config backups • Remove PA configuration backups from RANCID • Train team on how to manage, push updates from Panorama and update Panorama IMPLEMENTATION APPROACH Helixstorm will utilize a multi -phased approach to deploy the entire solution. Project Management occurs throughout the project. These phases are outlined as follows: PHASE ACTIVITIES Analysis and Design / Project Kickoff Duration of this phase is dependent on equipment lead times and customer scheduling Project Initiation Customer Kickoff Facilities confirmation (Power, Climate, Network) Project Plan Design document Project Installation Services Deliverables and Installation Tasks Knowledge Transfer/Documentation Walk through basic functionality and administration of installed equipment and services Project Closure and Signoff Completion / Project Acceptance ROLES & RESPONSIBILITIES RESOURCES Helixstorm will provide day-to-day project management for the overall implementation activities to ensure work is completed in accordance with project objectives. Helixstorm anticipates involvement by the following team members: ❑ Project Manager ❑ Technical Consultant(s) CITY OF TEMECULA RESOURCES & OBLIGATIONS Helixstorm assumes that City of Temecula will provide a part-time, day-to-day project point -of - contact person who will be Helixstorm primary contact and liaison. This person is solely responsible for all critical and non-critical engagement tasks including, but not limited to, the following: ❑ Scheduling meetings & interviews with City of Temecula personnel ❑ Reserving City of Temecula facilities (conference rooms, labs, etc.) ❑ Providing all requisite documentation and diagrams ❑ Providing any necessary escalation activity ❑ Reviewing & agreeing to all Customer Acceptance Criteria specified ASSUMPTIONS 1. City of Temecula is responsible for procuring all required licensing and media if required. 2. City of Temecula will provide VPN access to the environment to enable Helixstorm to perform remote services should they be necessary after the initial onsite implementation 3. City of Temecula will provide the appropriate amount of network connections required for the data network connections, cables, etc. 4. City of Temecula to ensure all firmware for existing switches and firewalls are on the latest version, prior to implementation and execution. PROJECT ACCEPTANCE Upon completion of all Helixstorm tasks and deliverables contained in the SOW, Helixstorm will provide City of Temecula with a Project Delivery Acceptance Form (DAF) for signature. City of Temecula will have 10 days to return the signed DAF or a written response notifying Helixstorm of any outstanding or incomplete Helixstorm task or deliverables. If City of Temecula fails to respond after 10 days Helixstorm shall deem the project accepted by City of Temecula. PROJECT CHANGE CONTROL PROCEDURE Any changes in the scope of work as defined in this document shall require a revised Statement of Work or an authorized Project Change Request and may result in changes to the project schedule, customer responsibilities or other terms of this SOW. In the event a change order is required to properly complete the project that was not already specified under the scope of work, a Change Order Request shall be submitted along with the additional scope of work and amounts required to complete the work. The Change Order Request shall be agreed and approved by both parties and signed by Customer's Commercial Department. The Change Order Request will include but is not limited to: a. Date of requested Change b. Scope of Work c. Deliverables d. Number of Hours e. Price f. Completion Date • If the change order is for a significant amount of work, a new Statement of Work may be required at a fixed cost to be agreed by both parties. EXHIBIT B PAYMENT RATES AND SCHEDULE CITY OF TEMECULA- EXHIBIT B PRICING FORM Name of Company: Helixstorm Palo Alto Firewall Purchase and Install Description Unit Price Qty Extended Price Palo Alto Networks PA -3020 (Part# PA -3020) $ 12,600.00 2 $25,200.000 Threat prevention subscription for device in an HA pair 1 year, PA- 3020 (Part# PA -3020 -TP- HA2) $ 1,'/ 64.00 2 $3,528.00 URL filtering subscription for device in an HA pair 1 year,PA-3020 (Part#PA- 3020-URL4-HA2) $ 1,'/7 64.00 2 O $3,528.00 WildFire subscription 1 year prepaid for device in an HA pair, PA -3020 (Part#PA-3020- WF -HA2) $ 1,'/7 64.00 2 O $3,528.00 Premium support 1 year, PA -3020 (Part# SVC -PREM -3020) $2,1280.00 2 $4,256.00 Panorama central management software, 25 devices (Part# PRA -25) $9,000.00 1 $9,000.00 Premium support Panorama (Part#SVC-PREM-PRA-25) $1,520.00 1 $1,520.00 Cloud Harmonics Training- PANW 201- Firewall 7.1: Install, Configure, and manage. Virtual (per student) (Part # EDU -201) $2,845.25 2 $5,690.50 Cloud Harmonics Training- PANW 205 -Essentials 2: Extended Firewall management virtual (per student) (Part # EDU -205) $1,895.25 2 $3,790.50 Installation and configuration of PA -3020 and migration of configuration from existing PA -500S. Installation and configuration of Panorama. Installation and configuration of existing PA -500 to new site replacing existing Fortinet. (see bid for complete scope of work) $34,650.00 1 $34,650.00 Subtotal $94,691.00 Sales Tax (8.75%) $2,205.00 CA Electronic Waste Recycling Fee Delivery Fees 250 $250.00 Other Costs (Please Itemize) Total Price (This is the price to enter into PlanetBids) $97,146.00 EXHIBIT C REQUEST FOR PROPOSAL SEE ATTACHED FIREWALL UPGRADE AND MIGRATION RFP #IT 16-07 CITY OF TEMECULA C�1 r Jr IBJ 1�� REQUEST FOR PROPOSALS Firewall Upgrade and Migration RFP #IT 16-07 Filing Deadline: February 8, 2017, at 4:OOpm I. INTRODUCTION A. The City of Temecula, hereinafter referred to as the "City", is requesting proposals (RFP) from firms or individuals, hereinafter, referred to as "Proponent" to provide a price for the purchase of Palo Alto Networks technology (PA -3000 Series), installation and ongoing subscriptions and support. B. With this solicitation, the City intends to award one contract and does not anticipate multiple awards. Regardless, the City reserves the right to make multiple or partial awards. II. CITY PROFILE A. The City of Temecula is a dynamic community comprised of approximately 109,064 citizens. The City maintains 40 parks on 314 developed acres throughout the community, which provide recreation opportunities for both the citizens of Temecula, as well as surrounding communities. Police and Fire protection are provided through a contract with Riverside County. The Temecula Valley Unified School District provides 32 schools for 27,700 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. BACKGROUD The City of Temecula purchased and deployed seven (7) Palo Alto Firewalls with threat protection, URL filtering, and WildFire. One offsite location is still using a Fortigate firewall. The City is seeking to implement a uniform solution to control and secure network traffic. The strategic direction for the City is to consolidate controls from many solutions to a single solution that provides advanced traffic classification, uniform rules, and a single dashboard to view traffic and threats. A. Firewall lnventory: • 2 Palo Alto 500s configured in HA. • 5 Palo Alto 200s. • Current subscriptions on all Palo Alto firewalls for premium support, URL filtering, threat protection and WildFire. • 1 Fortigate 200B. IV. SCOPE OF SERVICES The main objective is to provide the City with a single firewall solution that provides enterprise wide network visibility. The solution must meet the following Minimum, Functional, and Technical requirements and is capable of expansion to meet future City needs. The Proponent shall provide pricing, warranty, installation, and subscription services information for options described in Exhibit A. A. Proposals should include solutions and costs for the following: • New Palo Alto 3020 firewalls, configured in HA • Configuration of Panorama • Professional Services providing complete implementation and migration, ensuring new install complies with industry best practices • Ongoing subscription cost B. Requirements: No Substitutions: The City requires the brand name as specified above and will not allow substitute products. 1. Functional Requirements: • Enforce network use policy based upon applications, users, and content • Inspect all network traffic per policy to protect against threats including vulnerability exploits, viruses, spyware and data leakage • Inspect network traffic to ensure only proper, business -approved content per City Department policy is accessed by users • Enable single point of configuration for entire network of firewalls 2. Technical Requirements: • Identify and control applications on any port • Identify and control circumventors • Decrypt outbound SSL • Scan for viruses and malware in allowed applications • Ability to utilize 150Mbps internet connection • Make network security simpler, not more complex with the addition of application control • Deliver the same through -put and performance with application control active • Provide application level policy and control across entire network C. Warranty The equipment shall minimally carry a One (1) year warranty against defects in parts and workmanship. The warranty will include a one (1) hour warranty response time by phone and next day onsite with parts in hand 24x7. D. Implementation, Installation, and Migration Services • Setup and configure (2) PA -3020 firewalls in HA • Install and configure Threat prevention, Wildfire, URL filter and client - facing VPN • Port existing PA -500 configuration file and rules to PA -3020 • Make recommendations to ensure that exisiting rules follow best practices before saving as final configuration • Decommission PA -500 and replace with PA -3020 (this must be performed after hours) • Document current rules, routes, groups interfaces, and services on Fortigate 200B • Move PA -500 to offsite location with current Fortigate 200B • Configure PA -500 with rules, routes, groups, interfaces, and services from Fortigate • Make recommendations to ensure that exisiting rules follow best practices before saving as final configuration • Migrate from Fortigate 200b to PA -500 in HA (this must be performed after hours) • Configure Panorama to include all nine (9) Palo Alto firewalls • Combine duplicate rules into single default group rule and commit to all firewalls • Documentation • Assist with testing and troubleshooting to ensure proper communication externally and between sites All services must include 100% of the installation and migration to be completed by vendor on-site. The City of Temecula will require a Palo Alto expert to perform these migration and installation tasks. E. Vendor Services • Training for designated project team and technical support staff • Ongoing maintenance support and subscription services V. 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, 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 C) 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. VI. PROPONENT INFORMATION A. RFP Proposal Timeline: The following is the City's tentative schedule for the selection of a Proponent: RFP Proponents Electronically Notified January 30,2017 Deadline for Submitting Questions February 2, 2017 at noon Deadline for Submitting Proposals February 8, 2017 at 4pm Panel Review of Proposals (Tentative) February 13, 2017 Notice of Intent to Award Sent to Proponents February 14, 2017 Council Approval and Award (Tentative) March 14, 2017 Begin Services (Tentative) April 2017 Services to be completed May 30, 2017 The City shall not reimburse awarded Proponent for local travel related expenses; therefore any such costs must be included in the rates set forth in Exhibit A. The City will, however, provide reimbursement for reasonable pre - approved travel out of area to include airfare and hotel reimbursement only. Proponents submitting expense reimbursement requests to the City shall include on their invoices detailed information including description, date of the expense, business purpose and amount. Travel related expenses (including hotels) shall be reimbursed at direct cost, but not to exceed the Federal per diem rate as established by the U.S. General Services Administration (www.qsa.qov/perdiem), plus applicable taxes. Proponent shall attach supporting documents substantiating all expenses such as itemized receipts, paid invoices, or paid credit card statements (if description has sufficient detail). Any requests for travel -related expense reimbursement must be pre -approved by the City and Finance Director. VII. 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.orq. B. 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 not limited to) registering as a vendor, updating passwords, updating profiles, uploading/downloading documents, submitting an electronic bid/proposal, etc. C. Submittal of Proposal and Fee Schedule: It is the responsibility of the Proponent to ensure the proposal is delivered on time. Any proposal received after the deadline will be disqualified and will not be considered. Proposals sent via facsimile will not be accepted. i. 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. If Proponent has difficulty uploading their response(s) to the PlanetBids system they shall be solely responsible for contacting PlanetBids at 818-992-1771 for assistance. The City does not have ghe capability to assist with uploading Proponent documents. D. 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 of Standard 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. 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) via the City's on-line bid management system — PlanetBids. Oral explanations or instructions will not bind the City. E. 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. F. 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 three (3) 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 and the tasks the firm undertakes prior to and during the project to ensure its completion and success. iii. Price: A Pricing Form is attached (Exhibit A). Proponent shall provide its proposed fee schedule (pricing) for all services and product. If there are discrepancies between services, labor, product, materials, or fees the City reserves the right to clarify pricing with the affected Proponent. iv. 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 C) and submit it as part of their solicitation response. VIII. 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 (See Exhibit A). 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 cost effective (competitively priced) proposal. Although price 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. 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.org/Temecula/Government/CityClerk/MunicipalCode.htm IX. 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 and public works 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. 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. Item No. 10 Approvals City Attorney Chief Financial Officer City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology DATE: March 28, 2017 SUBJECT: Approve the Radio Communications Site Lease Agreement with San Diego State University Foundation RECOMMENDATION: That the City Council approve a three-year Communications Site Lease Agreement with San Diego State University Foundation for a total contract amount of $36,000. 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, three-year lease agreement. The annual lease amount is $6,927.96; the remainder of the requested amount will fund annual road maintenance costs. FISCAL IMPACT: The annual lease / road maintenance cost has been budgeted in the Information Technology budget for fiscal year 2017-18. ATTACHMENT: Communications Site Lease Agreement AGREEMENT OF LEASE This Communications Site Lease ("Lease"), dated March 24, 2017 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 5/01/17 — 4/30/20 $577.33 $6,927.96 (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 three (3) years ("Term"), commencing on May 1, 2017 ("Commencement Date") and ending April 30, 2020 ("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. (a) 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 by one 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: 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 If to Tenant: 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 R.S. Blizinski, Associate Executive Director Date: CITY OF TEMECULA By Maryann Edwards, Mayor Date: ATTEST By Randi Johl, City Clerk Date: APPROVED AS TO FORM By Peter M. Thorson, City Attorney Date: EXHIBIT A • M w LL I W z / (11114" Item No. 11 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: March 28, 2017 SUBJECT: Approve the Utilization of a California Multiple Award Schedule (CMAS) Contract with FieldTurf USA, Inc., for the Patricia H. Birdsall Sports Park Synthetic Turf Replacement, PW15-08 PREPARED BY: Amer Attar, Principal Engineer Bill McAteer, Construction Manager - CIP RECOMMENDATION: That the City Council: 1. Adopt a Resolution entitled: RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT WITH FIELDTURF USA, INC., FOR THE PATRICIA H. BIRDSALL SPORTS PARK SYNTHETIC TURF REPLACEMENT, PW15-08 2. Issue a Purchase Order to FieldTurf USA, Inc., based on substantially the same terms included in the State of California Multiple Awards Schedule (CMAS) Contract No. 4-06-78-0031A, for the purchase and installation of synthetic sports turf, in the amount of $1,678,411, for the Patricia H. Birdsall Sports Park Synthetic Turf Replacement, PW15-08, as set forth in the Resolution; 3. Authorize the City Manager to approve change orders not to exceed the contingency amount of $167,841.10, which is equal to 10% of the Purchase Order amount. BACKGROUND: The Patricia H. Birdsall Sports Park Synthetic Turf Replacement project will replace the synthetic turf of the four fields at the park. More specifically, FieldTurf USA, Inc. will replace the turf, provide eight years of field maintenance, install new permanent goal anchors, provide new grooming equipment and warrant the fields for eight years. During the construction of the Patricia H. Birdsall Sports Park, the City chose FieldTurf USA, Inc. to install the synthetic turf fields. These fields have been in play since December 2006 (over ten years) and have exceeded their eight year warranted lifespan. The new turf being provided has an added component of "Cool Fill" which is a FieldTurf USA exclusive component that studies have shown to keep the field 35 degrees cooler on a 100 degree Fahrenheit day. This element will greatly enhance the playability of the fields and the well-being of the players during extremely hot weather. Staff has determined that the best procurement method for these services would be to utilize the California Multiple Award Schedule (CMAS) purchasing program managed by the State of California Department of General Services (DGS). The DGS manages and establishes costs for purchasing through CMAS using competitive bid and offer processes from various product manufacturers. Through this state managed CMAS competitive procurement and award process, public agencies are able to purchase products directly from the manufacturer without undertaking a separate bid process. The large pool of public agencies participating in CMAS creates an economy of scale allowing manufacturers to sell greater volumes and passing the savings to participating agencies. Public agencies achieve additional cost savings by avoiding contractor material mark up costs that are common in traditional bid processes. Furthermore, the FieldTurf CMAS Contract states that local agencies are not restricted by the state order limits and may establish their own limits. The installation of the synthetic turf involves very specialized installation techniques and may be performed only by the manufacturers own certified employed crews. The product warranty is not valid if the synthetic turf is installed by anyone other than the manufacturers own certified employed crews and is therefore integral to the product warranty. The cost of the installation does not exceed the cost of the synthetic turf product being installed. Therefore, the installation of the synthetic turf is not subject to public works bidding procedures because the installation is specialized and integral to the warranty and purchase of the product. To minimize the impacts to the public, staff has specified to the contractor that only two fields can be replaced at a time. Furthermore, the work will be done between the months of June and August 2017, when the utilization of the fields by athletes is at its lowest. FISCAL IMPACT: The Patricia H. Birdsall Sports Park Synthetic Turf Replacement project is part of the Capital Improvement Program (CIP) Fiscal Years 2017-21. At the January 28, 2017 meeting, the City Council approved a Fiscal Year 2016-17 Mid -Year Budget appropriation of $1,000,000 from Measure "S" to replace the synthetic turf of two of the four fields. The proposed Capital Improvement Program Budget for Fiscal Year 2018-22 will include a recommendation to appropriate an additional $1,000,000 from Measure "S" to replace the turf on the remaining two fields. Since the work will be done between June and August 2017, the utilization of the proposed Fiscal Year 2018-22 Measure "S" funds will take place after the City Council approves the new CIP Budget. The combined appropriations from Measure "S in the amount of $2,000,000 are sufficient to cover the construction costs of $1,678,411, plus the 10% contingency amount of $167,841.10, quality control, and project administration. ATTACHMENTS: 1. Resolution 2. CMAS Quote by FieldTurf USA, Inc., dated March 3, 2017 3. Acceptance Letter by DGS (California Department of General Services), dated October 7, 2016 4. Project Description Fiscal Year 2018-22 5. Project Location RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AGREEMENT WITH FIELDTURF USA, INC., FOR THE PATRICIA H. BIRDSALL SPORTS PARK SYNTHETIC TURF REPLACEMENT, PW15-08 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS: Section 1. The City Council does hereby find, determine and declare that: A. The proposed agreement provides for the replacement of synthetic turf on the four athletic fields at Patricia H. Birdsall Sports Park. B. State of California Department of General Services (DGS) established the California Multiple Award Schedule (CMAS) purchasing program. The DGS manages and establishes costs for purchasing through CMAS using competitive bid and offer processes from various product manufacturers. Through this state managed CMAS competitive procurement and award process, public agencies are able to rely on the procurement processes of CMAS and purchase products directly from the manufacturer. Temecula Municipal Code Section 3.28.090 provides that the formal bidding process of Chapter 3.28 is not required for any agreement involving acquisition of supplies, equipment or services entered into with another governmental entity, such as the CMAS program of the California Department of General Services. C. The installation of the synthetic turf involves very specialized installation techniques and may be performed only by the manufacturers own certified employed crews. The product warranty is not valid if the synthetic turf is installed by anyone other than the manufacturers own certified employed crews and is therefore integral to the product warranty. The cost of the installation does not exceed the cost of the synthetic turf product being installed. Therefore, the installation of the synthetic turf is not subject to public works bidding procedures because the installation is specialized and integral to the warranty and purchase of the product. D. Based on the findings set forth in this Resolution concerning the specialized installation requirements and installation being integral to the product and its warranty, it would not be in the public interest to require competitive bidding for the installation of the synthetic turf. Competitive proposals work an incongruity and are unavailing as affecting the final result. Competitive proposals would not produce any advantage to the City. It is practically impossible to obtain what is required and to observe such form. Section 2. The City Council hereby approves that certain agreement between the City and FieldTurf USA, Inc. in the form of the FieldTurf CMAS Quote dated March 3, 2017 that incorporates by reference the State of California Multiple Awards Schedule (CMAS) Contract No. 4-06-78-0031A, and all addenda, terms and conditions, general provisions, special provisions, attachments and exhibits attached thereto, for the purchase and installation of synthetic sports turf, in the amount of $1,678,411, for the Patricia H. Birdsall Sports Park Synthetic Turf Replacement project, PW15-08 and authorizes the City Manager to execute said Agreement in substantially the form submitted to the City Council and substituting the "City" for "State Agency." The City Council further authorizes the City Manager to approve change orders not to exceed the contingency amount of $167,841.10, which is equal to 10% of the contract amount. Section 3. The City Manager is authorized and directed to take all actions necessary and convenient to implement the agreements and work described in this resolution and the Agreement and to enter into such additional agreements or Amendments to the Agreement as may be necessary and convenient to implement the Agreements. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of March, 2017. Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 17- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of March, 2017, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk It FieldTurf A Tarkett Sports Company March 3rd, 2017 CMAS QUOTE Contract # 4-06-78-0031A Between: City of Temecula Bill McAteer Construction Manager 41000 Main Street Temecula, CA 92590 And: FieldTurf USA, Inc. 175 N. Industrial Blvd. Calhoun, GA 30701 THE ULTIMATE SU RFACE EXPERIENCE Site: Birdsall Park To supply and install FieldTurf product 2.5" Classic HD: Project Start 6-19-17 a. Field size: 310,527 square feet. (4) Fields b. To supply and install our 2.5" thick outdoor FieldTurf Classic HD grass with our special soft fiber for football and soccer to be installed over the existing base/drainage system c. Two fields to be replaced at a time....with the other two remaining playable. d. All of the necessary infill ingredients will be supplied by FieldTurf. e. The panel seams will be sewn together by hand onsite. f. The color of the fields will be all green. g. The soccer lines, football lines will be permanently marked as specified A) BASE CONDITIONS 1. FieldTurf USA, Inc. will provide the specifications to our Certified Crews for the field installations. 2. The existing drainage base is to be `Re -graded' prior to the field installations. 3. FieldTurf is not altering or improving the existing operating drainage base under the existing turf limits. No removal of aggregate is included. Any pumping, ponding, flooding or undulations within the existing base will remain the responsibility of the owner. 4. Repair or Replacement of the existing perimeter nailer board is not part of this offer. It will be inspected once the old turf is removed and if it is necessary to replace any section of this nailer board the owner will be notified and given a cost estimate. B) INSTALLATION CONDITIONS 1. FieldTurf' s installation crew is to have uninterrupted access to the fields during the installation period. 2. No unauthorized access to the field, (i. e. play, traffic, etc.), will be allowed during the project and prior to the signing of the Certificate of Completion. No vehicles are to circulate on the field once the installation is ready to begin. 3. Any strike or act of God that affects the delivery or the installation shall not be the responsibility of FieldTurf. 4. Any resulting increased costs incurred shall be borne by the Purchaser. 5. The exact address for the delivery of materials and installation of FieldTurf is the site address unless stated otherwise. CMAS TURF PRICING BIRDSALL PARKI GUARANTEE IS 8 YEARS FOR PREMATURE WEAR AND 8 YEARS FOR UV DEGRADATION. WARRANTY IS 3RD PARTY INSURED & PREPAID FOR THE 8 YEARS Removal/Disposal Existing Fields Re -grade Existing Bases & Furnish / Install Soccer Goal Anchors (4 Fields) FieldTurf Elite System FTHD 1 Soccer Markings (4 Fields) Football Yard Markings (1 Field) FieldTurf CoolPlay (4 Fields) GroomRight / SweepRight FieldCare Maintenance Program 8 yrs (4 Fields) Tax on Material Bonds Birdsall Park CMAS TOTAL $1,678,411.00 **This quote excludes unforeseen costs associated with a `field replacement' including but not limited to any necessary base/drainage system remediation work not included above. C) PAYMENT CONDITIONS: 1. This estimate is being offered in US Dollars. 2. Field installation crew scheduling will commence upon receipt of a bona fide Purchase Order from the customer. 3. A secure, paved staging area of the size of .12 of the square footage of the project will be required for FieldTurf installation crews, within 300' of the work site. 4. Retention shall be 10% of contract until `Certificate of Completion' is signed by the City of Temecula. 5. CMAS terms are 100% of contract 45 days after `Certificate of Completion is signed by the City of Temecula. 6. Progress payments may be requested in the event of work stoppage, due to atmospheric conditions. 7. All CMAS General Provisions apply. 8. All payments should be sent to: FieldTurf USA, Inc. 175 N. Industrial Blvd. Calhoun, GA 30701 (800) 724-2969 This estimate is valid through April 30th, 2017. We hereby accept the conditions of this offer stipulated herein. Signed this of 2017 Materials remain the property of ral6L1114 USA, Inc., until fully paid. Accepted by: For The City of Temecula Accepted by: For: "161•Idit4 USA, Inc. (Must be signed by a FieldTurf USA, Inc. Director) Materials remain the property of ""111414 USA, Inc. until fully paid. Purchase orders should be sent to: 1411611.64 USA, Inc. Attention: Ms. Susy Matos 7445 Cote-de-Liesse Road, Suite 200 Montreal, Quebec, Canada H4T 1G2 Tel: (514) 375-2605 Fax: (514) 340-9311 susy.matos@fieldturf.com www.fieldturf.com and Department of General Services (DGS) Procurement Division, Data Management 707 Third Street, 2nd Floor West Sacramento, CA 95605-2811 (IMS# Z-1) ********************************************* FOR QUESTIONS, CONTACT YOUR FIELDTURF SOUTHERN CALIFORNIA SALES OFFICE Tim Coury (760) 635-2504 tcfieldturf@cox.net D6 C/1L{FOFdF11A DE -PA ii'CMEll 'iC1ti GENERAL SERVICES October 7, 2016 Eric Daliere FieldTurf USA, Inc. 7445 Cote de Liesse Road, Suite 200 Montreal, QC H4T 1G2 Governor Edmund G. Brown Jr, Subject: FieldTurf USA, Inc.'s California Multiple Award Schedule (CMAS) CMAS Contract No.: 4-06-78-0031A CMAS Contract Term: October 7, 2016 through November 30, 2021 Base GSA Schedule No.: GS -07F -9631S The State of California is pleased to accept your firm's offer to establish a California Multiple Award Schedule (CMAS) contract, which we have assigned the CMAS contract number and term identified above. This contract number must be shown on each invoice rendered. Additionally, this letter shall not be construed as a commitment to purchase any or all of the State's requirements from your firm. Prior approval is required from the State for all news releases regarding this contract. It is your firm's responsibility to furnish, upon request, a copy of this CMAS contract to State and local government agencies. A complete CMAS contract includes the following: 1) this acceptance letter, 2) CMAS cover pages (which includes the signature page, ordering instructions and special provisions, and any attachments or exhibits as prepared by the CMAS Unit), 3) CMAS terms and conditions, 4) Federal GSA terms and conditions, and 5) product/service listing and prices. The CMAS Unit strongly recommends that government agencies place orders with Contractors who provide ALL of the contract elements described above. Tomanage this contract, Contractors are directed to the "CMAS Contract Management and Information Guide", which can be accessed at www.dqs.ca.gov/pd/programs/leveraged/cmas.aspx, then select the "For Suppliers/Contractors" link. This guide covers topics such as CMAS Quarterly Reports, amendments, extensions, renewals, Contractor's change of address or contact person, company name change requests, and marketing your CMAS contract. It is the Contractor's responsibility to submit on a timely basis detailed CMAS Quarterly Reports (along with any applicable incentive fees). THE NEXT QUARTERLY REPORT DUE FOR THIS CONTRACT IS Q4-2016 (OCT -DEC) DUE BY JAN 15, 2017. The "Approved CMAS Contractor" logo is only available to CMAS contract holders for display at conferences or on other marketing material. A login and password is required to download the logo. Go to http://www.dgs.ca.gov/pd/Resources/FormsResourcesLibrary.aspx , then select "Reference Material"; click on "CMAS Logos" under the heading "Marketing Tools". At the prompt, enter the login: "cmassupplier" and the password: "cmas010194". Should you have any questions regarding this contract, please contact me at 916/375-4408. Thank you for your continued cooperation and support of the CMAS Program. OLA/VDA TUTT, Program Analyst C i rnia Multiple Award Schedules Unit PROCUREMENT DIVISION State of CaW ornia l Government Operations Agency 707 Third Street, 2nd Floor 1 West Sacramento, CA 95605 i t 916.375,4365 f 916.375.4663 DES CALI FOR NIA DEPARTMENT OF GENERAL SERVICES State of California MULTIPLE AWARD SCHEDULE FieldTurf USA, Inc. Procurement Division 707 Third Street, 2nd Floor, MS #2-202 West Sacramento, CA 95605-2811 This contract provides for the purchase, warranty and installation of synthetic turf, surface and flooring. (See page 2 for the specific brands and restrictions applicable to this contract.) NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the website: htto://www.documents.dgs.ca.gov/pd/contractslcontractindexlistinq.pdf. This requirement is not applicable to local government entities. The purpose of this supplement is to renew this contract through 11-30-21. In addition, this supplement replaces in its entirety FieldTurf USA, Inc.'s existing California Multiple Award Schedule (CMAS) that expires on 11-30-16. The most current Ordering Instructions and Special Provisions and CMAS Terms and Conditions dated August 2010, products and/or services and pricing are included herein. Please review these provisions carefully because they may have changed since issuance of your last contract. The services provided under this CMAS contract are only in support of the products sold under this CMAS contract. Agency non-compliance with the requirements of this contract may result in the loss of delegated authority to use the CMAS program. Contractor non-compliance with the requirements of this contract may result in contract termination. I Effective Date: 10/7/2016 OLANDA TUTT, Program Analyst, California Multiple Award Schedules Unit CONTRACT NUMBER: 4-06-78-0031A SUPPLEMENT NO.: 6 CMAS CONTRACT TERM: 10/7/2016 through 11/30/2021 CONTRACT CATEGORY: Non Information Technology Goods APPLICABLE TERMS & CONDITIONS: August 2010 MAXIMUM ORDER LIMIT: $100,000 FOR USE BY: State & Local Government Agencies BASE GSA SCHEDULE NO.: GS -07F -9631S BASE SCHEDULE HOLDER: FieldTurf USA, Inc. This contract provides for the purchase, warranty and installation of synthetic turf, surface and flooring. (See page 2 for the specific brands and restrictions applicable to this contract.) NOTICE: Products and/or services on this CMAS may be available on a Mandatory Statewide Contracts. If this is the case, the use of this CMAS is restricted unless the State agency has an approved exemption as explained in the Statewide Contract User Instructions. Information regarding Statewide Contracts can be obtained at the website: htto://www.documents.dgs.ca.gov/pd/contractslcontractindexlistinq.pdf. This requirement is not applicable to local government entities. The purpose of this supplement is to renew this contract through 11-30-21. In addition, this supplement replaces in its entirety FieldTurf USA, Inc.'s existing California Multiple Award Schedule (CMAS) that expires on 11-30-16. The most current Ordering Instructions and Special Provisions and CMAS Terms and Conditions dated August 2010, products and/or services and pricing are included herein. Please review these provisions carefully because they may have changed since issuance of your last contract. The services provided under this CMAS contract are only in support of the products sold under this CMAS contract. Agency non-compliance with the requirements of this contract may result in the loss of delegated authority to use the CMAS program. Contractor non-compliance with the requirements of this contract may result in contract termination. I Effective Date: 10/7/2016 OLANDA TUTT, Program Analyst, California Multiple Award Schedules Unit CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 CMAS PRODUCT & SERVICE CODES The CMAS Product & Service Codes listed below are for marketing purposes only. Review this CMAS contract and the base contract identified below for the products and/or services available on this contract. Brand -Beynon Brand-FieldTurf Floor Cov-Sport Flooring Floor Cov-Synthetic Turf Playground -Surface Rubberized Sport Surface -Synthetic Track AVAILABLE PRODUCTS AND/OR SERVICES The ordering agency must verify all products and/or services are currently available on the base GSA schedule at the GSA eLibrary. Access the GSA eLibrary at www.gsaelibrary.cisa.gov. CMAS BASE CONTRACT This CMAS contract is based on some or all of the products and/or services and prices from GSA Schedule No. GS -07F -9631S (FIELDTURF USA, INC.) with a GSA term of 8/7/2016 through 8/6/2021. The term of this CMAS contract incorporates an extension of three months beyond the expiration of the base GSA contract, and is shown in the "CMAS Term Dates" on page 1. ISSUE PURCHASE ORDER TO Agency purchase orders must be mailed to the following address, or faxed to (514) 340-9374: FieldTurf USA, Inc. 7445 Cote de Liesse Road, Suite 200 Montreal, QC Canada H4T 1G2 Attn: Contracts Administrator Agencies with questions regarding products and/or services may contact the contractor as follows: Contact: Sarah Morehead Phone: (503) 563-6390 E-mail: sarah.morehead@smartbuycooperative.com TOP 500 DELINQUENT TAXPAYERS In accordance with Public Contract Code Section 10295.4, and prior to placing an order for non -IT goods and/or services, agencies must verify with the Franchise Tax Board and the Board of Equalization that this contractor's name does not appear on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code. The Franchise Tax Board's list is availab[e at www.ffb.ca.gov/aboutFTB/Delinquent Taxpayers.shtml. Ordering Instructions and Special Provisions 2 The Board of Equalization's list is available at www.boe.ca.qov/cqi-bin/deliq.Cd. CALIFORNIA SELLER'S PERMIT FieldTurf USA, Inc.'s California Seller's Permit No. is 97731798. Prior to placing an order with this company, agencies should verify that this permit is still valid at the following website: www.boe.ca.gov. CONTRACT PRICES The maximum prices allowed for the products and/or services available in this CMAS contract are those set forth in the base contract identified on page 2 of this contract. The ordering agency is encouraged to seek prices lower than those on this CMAS contract. When responding to an agency's Request for Offer (RFO), the contractor can offer lower prices to be competitive. PRICE DISCOUNTS Installation charges are included in the price of the product. See base GSA schedule. DARFUR CONTRACTING ACT This contractor has certified compliance to the Darfur Contracting Act per PCC section 10475, et seq. AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) Ordering departments executing purchases using ARRA funding must attach the ARRA Supplemental Terms and Conditions document to their individual RFOs and purchase documents. Departments are reminded that these terms and conditions supplement, but do not replace, standard State terms and conditions associated with this CMAS contract. The ARRA Supplemental Terms and Conditions can be accessed at www.documents.dqs.ca.gov/pd/poliproc/ARRATand%20 C081009final.pdf, WARRANTY For warranties, see the federal GSA schedule and the CMAS Terms and Conditions, General Provisions, CMAS Warranty. DELIVERY 30 days after receipt of order, or as negotiated between agency and contractor and included in the purchase order, or as otherwise stipulated in the contract. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 SHIPPING INSTRUCTIONS F.O.B. (Free On Board) Destination. freight charges. SPLITTING ORDERS Seller pays the Splitting orders to avoid any monetary limitations is prohibited. PURCHASING AUTHORITY DOLLAR THRESHOLD No CMAS order may be executed by a State agency that exceeds that agency's CMAS purchasing authority threshold or the CMAS maximum order limit, whichever is less. HOW TO USE CMAS CONTRACTS Agencies must adhere to the detailed requirements in the State Contracting Manual (SCM) when using CMAS contracts. The requirements for the following bullets are in the SCM, Volume 2, Chapter 6 (for non -IT) and the SCM, Volume 3, Chapter 6 (for IT): • Develop a Request for Offer, which includes a Scope of Work (SOW), and Bidder Declaration form. For information on the Bidder Declaration requirements, see the SCM, Volume 2, Section 3.5.7 and Volume 3, Section 3.4.7. • Search for potential CMAS contractors at www.dgs.ca.gov/pd/Proqrams/Leveraged/CMAS.a spx, select "Find a CMAS Contract". • Solicit offers from a minimum of 3 CMAS contractors including one small business and/or DVBE, if available, who are authorized to sell the products and/or services needed. • If soliciting offers from a certified DVBE, include the Disabled Veteran Business Enterprise Declarations form (Std. 843) in the Request for Offer. This declaration must be completed and returned by the DVBE prime contractor and/or any DVBE subcontractors. (See the SCM Volumes 2 and 3, Chapter 3). • This is not a bid transaction, so the small business preference, DVBE participation goals, protest language, intents .to award, evaluation criteria, advertising, etc., are not applicable. • If less than 3 offers are received, State agencies must document their file with the reasons why the other suppliers solicited did not respond with an offer. • Assess the offers . received using best value methodology, with cost as one of the criteria. • Issue a Purchase Order to the selected contractor. • For CMAS transactions under $5,000 only one offer is required if the State agency can establish and document that the price is fair and reasonable. Local governments set their own order limits, and are not bound by the order limits on the cover page of this contract. Ordering Instructions and Special Provisions 3 Do not circumvent normal procurement methods by splitting purchases into a series of delegated purchase orders (PCC § 10329). Splitting a project into small projects to avoid either fiscal or procedural controls is prohibited (SAM 4819.34). MINIMUM ORDER LIMITATION The minimum dollar value of an order to be issued under this contract is $2,000. ORDERING PROCEDURES 1. Order Form State agencies shall use a Contract/Delegation Purchase Order (Std. 65) for purchases and services. Local governments shall, in lieu of the State's Purchase Order (Std. 65), use their own purchase order.document. Electronic copies of the State Standard Forms can be found at the Office of State Publishing website. The site provides information on the various forms and use with the Adobe Acrobat Reader. Beyond the Reader capabilities, Adobe Acrobat advanced features may be utilized if you have Adobe Business Tools or Adobe Acrobat 4.0 installed on your computer. Direct link to the Standard Form 65: http:lfwww.des.ca.00v/dqs/ProgramsServices/Form s/FMC/Search,aspx. 2. Purchase Orders State and Local Government agencies are required to send a copy of each CMAS purchase order to: Department of General Services Procurement Division, Data Management Unit PO Box 989052, MS #2-203 West Sacramento, CA 95798-9052 (or via Interagency Mail Service #Z-1) The agency is required to complete and distribute the order form. For services, the agency shall modify the information contained on the order to include the service period (start and end date), and the monthly cost (or other intermittent cost), and any other information pertinent to the services being provided. The cost for each line item should be included in the order, not just system totals. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 The contractor must immediately reject orders that are not accurate. Discrepancies are to be negotiated and incorporated into the order prior to the products and services being delivered. 3. Service and Delivery after Contract Expiration The purchase order must be issued before the CMAS contract end term expires. However, delivery of the products or completion of the services may be after the contract end term expires (unless otherwise specifically stated in the contract), but must be as provided for in the contract and as specified in the purchase order. 4. Multiple Contracts on STD. 65 Order Form Agencies may include multiple CMAS contracts from the same contractor on a single Std. 65 Contract/Delegation Purchase Order. For guidelines, see the SCM, Volumes 2 & 3, Chapter 6,64.1. 5. Amendments to Agency's Purchase Orders Agency purchase orders cannot be amended if the CMAS contract has expired. The SCM, Volumes 2 & 3, Chapter 6.A5.0 provides the following direction regarding amendments to all types of CMAS purchase orders: Original orders, which include options for changes (e.g., quantity or time), that were evaluated and considered in the selection for award during the RFO process, may be amended consistent with the terms of the original order, provided that the original order allowed for amendments. If the original order did not evaluate options, then amendments are not allowed unless an NCB is approved for those amendments. Amendments unique to non -IT services are covered in the SCM, Volume 2, Chapter 6.B2.9 as follows: If the original contract permitted amendments, but did not specify the changes (e.g., quantity and/or time), it may be amended. This only applies to the first amendment. The time shall not exceed one year, or add not more than 30% of the original order value and may not exceed $250,000. If the original contract did not have language permitting amendments, the NCB process must be followed. Also, see the SCM, Volumes 2 & 3, Chapter 8, Topic 6, for more information on amending purchase orders. Ordering Instructions and Special Provisions 4 CONTRACTOR OWNERSHIP INFORMATION FieldTurf USA, Inc. is a large business enterprise. SMALL BUSINESS MUST BE CONSIDERED Prior to placing orders under the CMAS program, State agencies shall whenever practicable first consider offers from small businesses that have established CMAS contracts IOC Section 14846(b)j. NOTE: The Department of General Services auditors will request substantiation of compliance with this requirement when agency files are reviewed. The following website lists CMAS Small Business and Disabled Veteran Partners: www.dos.ca.qov/pdfPrograms/Leveraged/CMAS.aspx then select "Find a CMAS Contractor". In response to our commitment to increase participation by small businesses, the Department of General Services waives the administrative fee (a fee currently charged to customer agencies to support the CMAS program) for orders to certified small business enterprises. See the current fees in the DOS Price Book at: httr :/fwww.dgs.ca.qov/ofs/Pricebook.aspx. SMALL BUSINESS/DVBE - TRACKING State agencies are able to claim subcontracting dollars towards their small business or DVBE goals whenever the Contractor subcontracts a commercially useful function to a certified small business or DVBE. The Contractor will provide the ordering agency with the name of the small business or DVBE used and the dollar amount the ordering agency can apply towards its small business or DVBE goal. SMALL BUSINESS/DVBE - SUBCONTRACTING 1. The amount an ordering agency can claim towards achieving its small business or DVBE goals is the dollar amount of the subcontract award made by the Contractor to each small business or DVBE. 2. The Contractor will provide an ordering agency with the following information at the time the order is quoted: a. The Contractor will state that, as the prime Contractor, it shall be responsible for the overall execution of the fulfillment of the order. b. The Contractor will indicate to the ordering agency how the order meets the small business or DVBE goal, as follows: • List the name of each company that is certified by the Office of Small Business and DVBE Certification that it intends to subcontract a commercially useful function to; and CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 • Include the small business or DVBE certification number of each company listed, and attach a copy of each certification; and • Indicate the dollar amount of each subcontract with a small business or DVBE that may be claimed by the ordering agency towards the small business or DVBE goal; and • Indicate what commercially useful function the small business or DVBE subcontractor will be providing towards fulfillment of the order. 3. The ordering agency's purchase order must be addressed to the prime Contractor, and the purchase order must reference the information provided by the prime Contractor as outlined above. NEW EQUIPMENT REQUIRED The State will procure new equipment. All equipment must be new (or warranted as newly manufactured) and the latest model in current production, Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable. Where Federal Energy Management Program (FEMP) standards are available, all State agencies shall purchase only those products that meet the recommended standards. All products displaying the Energy Star label meet the FEMP standards. SPECIAL MANUFACTURED GOODS Any contract for goods to be manufactured by the contractor specifically for the State and not suitable for sale to others may require progress payments. For Non -IT goods contracts, see the CMAS contract Non -IT Commodities Terms & Conditions, Provision 69, Progress Payments. PRODUCT INSTALLATION The contractor is fully responsible for all installation services performed under the CMAS contract. Product installations must be performed by manufacturer authorized personnel and meet manufacturer documented specifications. The prime contractor, as well as any subcontractors, must hold any certifications and/or licenses required for the project. Ordering Instructions and Special Provisions 5 PUBLIC WORKS (INSTALLATION SERVICES ONLY) A public works contract is defined as an agreement for "the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind" in accordance with the Public Contract Code (PCC) Section 1101. State agencies planning these types of projects need to review the SCM, Volume 1, Chapters 10 and 11 for applicable guidelines and regulations. Also, the Department of General Services (DGS), Real Estate Services Division (RESD) can be contacted at (916) 376-1748, if you have questions about these types of transactions. Agency CMAS purchase orders may allow for public works installation only when it is incidental to the total purchase order amount. The total dollar value of all public works services included in the purchase order must not exceed the dollar value of the products, Agencies are to ensure that the applicable laws and codes pertaining to the contractor and sub -contractor licensing, prevailing wage rates, bonding, labor code requirements, etc., are adhered to by the prime contractor as well as any sub -contractor during performance under the CMAS purchase order. The bond amount for public works has increased to a sum not less than one hundred percent (100%) of the purchase order price. NOTE: In accordance with Labor Code Section 1773.2, the ordering agency is responsible for determining the appropriate craft, classification or type of worker needed for any contract for public works. Also, the agency is to specify the applicable prevailing wage rates as determined by the Director of the Department of Industrial Relations (DIR). In lieu of specifying the prevailing wage rates, the agency may include a statement on the order that the prevailing wage rates are on file at the agency's office, and will be made available upon request. The prevailing wage rates are available from the DIR at www.dir.ca.gov (select Statistics & Research) or (415) 703-4774. Bonds: For guidelines, see CMAS contract, General Terms and Conditions, Public Works Requirements. State Contractor's License: Public works services can be obtained through CMAS only if incidental to the overall purchase order. If incidental public works services are included in the purchase order, prior to issuing the order agencies should contact the State Contractor's License Board at 1-800-321-2752 or at www.cslb.cagov to verify that the Contractor's License shown below is still active and in good standing. FieldTurf USA, Inc.'s California Contractor's License number is 849044. This is a Class C-61 license that is valid through 10/31/2018. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 OPEN MARKET/INCIDENTAL, NON -SCHEDULE ITEMS The only time that open market/incidental, non -schedule items may be included in a CMAS order is when they fall under the parameters of the Not Specifically Priced (NSP) Items provision. If the NSP provision is not included in the schedule, or the products and/or services required do not qualify under the parameters of the NSP provision, the products and/or services must be procured separate from CMAS. NOT SPECIFICALLY PRICED (NSP) ITEMS Contractors must be authorized providers of the hardware, software and/or services they offer under the Not Specifically Priced (NSP) Items provision. Agency and contractor use of the NSP provision is subject to the following requirements: 1. Purchase orders containing only NSP items are prohibited. 2. A purchase order containing NSP items may be issued only if it results in the lowest overall alternative to the State. 3. NSP items shall be clearly identified in the order. Any product or service already specifically priced and included in the contract may not be identified as an NSP item. 4. Maximum Order Limitation: For orders $250,000, or less, the total dollar value of all NSP items included in a purchase order shall not exceed $5,000. For orders exceeding $250,000, and at the option of the contractor, the total dollar value of all NSP items in a purchase order shall not exceed 5% of the total cost of the order, or $25,000 whichever is lower. 5. An NSP item included in an order issued against a contract is subject to all of the terms and conditions set forth in the contract. 6. Trade-ins, upgrades, involving the swapping of boards, are permissible, where the contract makes specific provisions for this action. In those instances where it is permitted, the purchase order must include the replacement item and a notation that the purchase involves the swapping of a board. The following NSP items ARE SPECIFICALLY EXCLUDED from any order issued under this contract: 1. Items not intended for use in directly supporting the priced items included in the same order. An NSP item must be subordinate to the specifically priced item that it is supporting. For example, a cable, which is not otherwise specifically priced in the contract, is subordinate to a specifically priced printer or facsimile machine, and is eligible to be an Ordering Instructions and Special Provisions 6 NSP item subject to that cable meeting the remaining NSP requirements. However, a printer or facsimile machine, which is not otherwise specifically priced in the contract, is not subordinate to a specifically priced cable, and is not eligible to be an NSP item. 2. Supply type items, except for the minimum amount necessary to provide initial support to the priced items included in the same order. 3. Items that do not meet the Productive Use Requirements for information technology products, per the SCM, Volume 3, Chapter 2, Section 2.66.2. 4. Any other item or class of items specifically excluded from the scope of this contract. 5. Public Works components NOT incidental to the total purchase order amount. 6. Products or services the contractor is NOT factory authorized or otherwise certified or trained to provide. 7. Follow-on consultant services that were previously recommended or suggested by the same contractor. The contractor is required to reject purchase orders containing NSP items that do not conform to the above requirements. The contractor will promptly notify the agency issuing the non -conforming order of its non- acceptance and the reasons for its non-acceptance. STATE AND LOCAL GOVERNMENTS CAN USE CMAS State and local government agency use of CMAS contracts is optional. A local government is any city, county, city and county, district, or other local governmental body or corporation, including UC, CSU, K-12 schools and community colleges empowered to expend public funds. While the State makes this contract available, each local government agency should make its own determination whether the CMAS program is consistent with their procurement policies and regulations. UPDATES AND/OR CHANGES A CMAS amendment is not required for updates and/or changes once the update and/or change becomes effective for the federal GSA schedule, except as follows: • A CMAS amendment is required when the contract is based on products and/or services from another contractor's multiple award contract and the contractor wants to add a new manufacturer's products and/or services. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 ▪ A CMAS amendment is required for new federal contract terms and conditions that constitute a material difference from existing contract terms and conditions. A material change has a potentially significant effect on the delivery, quantity or quality of items provided, the amount paid to the contractor or on the cost to the State. • A CMAS amendment is required for changes to contracts that require California Prison Industry Authority (CALPIA) approval. A CMAS amendment is required to update and/or change terms and conditions and/or products and services based on a non-federal GSA multiple award contract. SELF -DELETING FEDERAL GSA TERMS AND CONDITIONS Instructions, or terms and conditions that appear in the Special Items or other provisions of the federal GSA and apply to the purchase, license, or rental (as applicable) of products or services by the U.S. Government in the United States, and/or to any overseas location shall be self -deleting. (Example: "Examinations of Records" provision). Federal regulations and standards, such as Federal Acquisition Regulation (FAR), Federal Information Resources Management Regulation (FIRMR), Federal Information Processing Standards (FIPS), General Services Administration Regulation (GSAR), or Federal Installment Payment Agreement (FIPA) shall be self - deleting. Federal blanket orders and small order procedures are not applicable. ORDER OF PRECEDENCE The CMAS Terms and Conditions shall prevail if there is a conflict between the terms and conditions of the contractor's federal GSA, (or other multiple award contract), packaging, invoices, catalogs, brochures, technical data sheets or other documents (see CMAS Terms and Conditions, CONFLICT OF TERMS). APPLICABLE CODES, POLICIES AND GUIDELINES All California codes, policies, and guidelines are applicable. THE USE OF CMAS DOES NOT REDUCE OR RELIEVE STATE AGENCIES OF THEIR RESPONSIBILITY TO MEET STATEWIDE REQUIREMENTS REGARDING CONTRACTING OR THE PROCUREMENT OF GOODS OR SERVICES. Most procurement and contract codes, policies, and guidelines are incorporated into CMAS contracts. Nonetheless, there is no guarantee that every possible requirement that pertains to all the different and unique State processes has been included. Ordering Instructions and Special Provisions 7 STATEWIDE PROCUREMENT REQUIREMENTS Agencies must carefully review and adhere to all statewide procurement requirements in the SCM, Volumes 2 and 3, such as: • Automated Accounting System requirements of State Administrative Manual (SAM) Section 7260- 62. • Productive Use Requirements, per the SCM, Volume 3, Chapter 2, Section 2,B6,2. • SAM Sections 4819.41 and 4832 certifications for information technology procurements and compliance with policies. • Services may not be paid for in advance. • Agencies are required to file with the Department of Fair Employment and Housing (DFEH) a Contract Award Report Std. 16 for each order over $5,000 within 10 days of award, including supplements that exceed $5,000. • Pursuant to Public Contract Code Section 10359 State agencies are to report all Consulting Services Contract activity for the preceding fiscal year to DGS and the six legislative individuals that are listed memorandum from DOS. • Pursuant to Unemployment Section 1088.8, State and agencies must report to committees and on the annual Insurance Code local government the Employment Development Department (EDD) all payments for services that equal $600 or more to independent sole proprietor contractors. See the Contractor's Std. 204, Payee Data Record, to determine sole proprietorship. For inquiries regarding this subject, contact EDD at (916) 651-6945 for technical questions or (888) 745-3886 for information and forms. • Annual small business and disabled veteran reports. • Post evaluation reports. Public Contract Code 10369 requires State agencies to prepare post evaluations on form Std. 4 for all completed non -IT consulting services contracts of more than $5,000. Copies of negative evaluations for non -IT consulting services only must be sent to the DGS, Office of Legal Services. The Bureau of State Audits requires State agencies annually to certify compliance with these requirements. ETHNICITY/RACE/GENDER REPORTING REQUIREMENT Effective January 1, 2007, in accordance with Public Contract Code 10111, State agencies are to capture information on. ethnicity, race, and gender of business owners (not subcontractors) for all awarded contracts, including CAL -Card transactions. Each department is required to independently report this information to the Governor and the Legislature on an annual basis. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) F1ELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 Agencies are responsible for developing their own guidelines and forms for collecting and reporting this information. Contractor participation is voluntary. PAYMENTS AND INVOICES 1. Payment Terms Prompt Payment Terms: Prompt payment discount of 1% when full payment is received within 10 days or less of installation completion. Net 45 days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927 et. seq. Unless expressly exempted by statute, the Act requires State agencies to pay properly submitted, undisputed invoices not more than 45 days after (i) the date of acceptance of goods or performance of services; or (ii) receipt of an undisputed invoice, whichever is later. 2. Payee Data Record (Std. 204) Each State accounting office must have a copy of the Contractor's Payee Data Record (Std. 204) in order to process payment of invoices. Contractors are required to provide a copy of their Std. 204 upon request from an agency customer. Agencies should forward a copy of the Std. 204 to their accounting office. Without the Std. 204, payment may be unnecessarily delayed. 3. DGS Administrative and Incentive Fees Orders from State Agencies: The Department of General Services (DGS) will bill each State agency directly an administrative fee for use of CMAS contracts. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS. This administrative fee is waived for CMAS purchase orders issued to California certified small businesses. See the current administrative fees in the DGS Price Book at; http://www.dos.ca.gov/ofsIPricebook.asox. Orders from Local Government Agencies: Effective for CMAS orders dated 1/1/2010 or later, CMAS contractors, who are not California certified small businesses, are required to remit to the DGS an incentive fee equal to 1% of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS contract(s). This incentive fee is in lieu of local government agencies being billed the above referenced DGS administrative fee. Ordering Instructions and Special Provisions 8 This incentive fee is waived for CMAS purchase orders issued to California certified small businesses. The check covering this fee shall be made payable to the Department of General Services, CMAS Unit, and mailed to the CMAS Unit along with the applicable Quarterly Report. See the provision in this contract entitled "Contractor Quarterly Report Process" for information on when and where to send these checks and reports. 4. Contractor Invoices Unless otherwise stipulated, the contractor must send their invoices to the agency address set forth in the purchase order. Invoices shall be submitted in triplicate and shall include the following: • Contract number • Agency purchase order number • Agency Bill Code • Line item number • Unit price ▪ Extended line item price • Invoice total State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable. The company name on the CMAS contract, purchase order and invoice must match or the State Controller's Office will not approve payment. 5. Advance Payments Advance payment is allowed for services only under limited, narrowly defined circumstances, e.g., between specific departments and certain types of non-profit organizations, or when paying another government agency (GC 11256 — 11263 and 11019). It is NOT acceptable to pay in advance, except software maintenance and license fees, which are considered a subscription, may be paid in advance if a provision addressing payment in advance is included in the purchase order. Warranty upgrades and extensions may also be paid for in advance, one time. 6. Credit Card FieldTurf USA, Inc. does not accept the State of California credit card (CAL -Card). CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 7. Lease/Purchase Analysis State agencies must complete a Lease/Purchase Analysis (LPA) to determine best value when contemplating a lease/rental, and retain a copy for future audit purposes (SAM 3700). Approval by the Department of General Services is not required. 8. Leasing Except for Federal Lease to Own Purchase (LTOP) and hardware rental provisions with no residual value owed at end term ($1 residual value is acceptable), Federal GSA Lease provisions are NOT available through CMAS because the rates and contract terms and conditions are not acceptable or applicable to the State. SEAT Management financing options are NOT available through this contract. As an alternative, agencies may consider financing through the State's financial marketplace GS $Marti"". All terms and conditions and lenders are pre -approved for easy financing. The GS $MartT" Internet address is www.dgs.ca.gov/pd/programs/statefi nancialmarketp lace.aspx. Buyers may contact the GS $Marti' Administrator, Patrick Mullen by phone at (916) 375-4617 or via e-mail at patrick.mullen@dgs.ca.gov for further information. CONTRACTOR QUARTERLY REPORT PROCESS Contractors are required to submit a detailed CMAS Business Activity Report on a quarterly basis to the CMAS Unit. See Attachment B for a copy of this form and instructions. This report shall be mailed to: Department of General Services Procurement Division — CMAS Unit Attention: Quarterly Report Processing PO Box 989052, MS #2-202 West Sacramento, CA 95798-9052 Reports that include checks for incentive fees or that exceed a total of 5 pages must be mailed and shall not be faxed or e-mailed. All other reports may be faxed or e-mailed to the attention of Quarterly Report Processing as follows: CMAS Unit Fax Number: (916) 375-4663 CMAS Unit E -Mail: cmas@dgs.ca.gov For the full instructions on completing and submitting CMAS Quarterly Business Activity Reports, and a soft copy of a blank quarterly report form, go to www.dgs.ca.gov/pd/Programs/Leveraged/C MAS.aspx, and then select "For Suppliers/Contractors". Ordering Instructions and Special Provisions 9 Important things to remember regarding CMAS Quarterly Business Activity Reports (referred to as "reports" below): • A report is required for each CMAS contract each quarter, even when no new purchase orders are received in the quarter. • A separate report is required for each CMAS contract. • Each purchase order must be reported only once in the quarter identified by the purchase order date, regardless of when the services were performed, the products were delivered, the invoice was sent, or the payment was received. • Purchase orders from State and local government agencies must be separated on the report, as shown in the instructions. • Contractors must report the sales activity for all resellers listed on their CMAS contract. • Any report that does not follow the required format or excludes required information will be deemed incomplete and returned to the contractor for corrections. • Taxes and freight must not be included in the report. • For CMAS orders dated 1/1/2010 or later, contractors are no longer required to attach copies of purchase orders to their reports. This changed requirement will begin on Q1-2010 reports, which are due 4/15/2010. • For CMAS orders dated 1/1/2010 or later, contractors who are not California certified small businesses must attach to their quarterly report a check covering the required incentive fee for all CMAS sales to local government agencies (see more information below). This new requirement will start on 01-2010 reports, which are due 4/15/2010. • New contracts, contract renewals or extensions, and contract modifications will be approved only if the contractor has submitted all required quarterly reports and incentive fees. CMAS Quarterly Business Activity Reports are due in the CMAS Unit within two weeks after the end of each quarter as shown below: Quarter 1 Jan 1 to Mar 31 Due Apr 15 Quarter 2 Apr 1 to Jun 30 Due Jul 15 Quarter 3 Jul 1 to Sep 30 Due Oct 15 Quarter 4 Oct 1 to Dec 31 Due Jan 15 CONTRACTOR QUARTERLY INCENTIVE FEES CMAS contractors who are not California certified small businesses must remit to the DGS an incentive fee equal to 1% of the total of all local government agency orders (excluding sales tax and freight) placed against their CMAS contract(s). This incentive fee is in lieu of local government agencies being billed the above referenced DGS administrative fee. CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 CMAS contractors cannot charge local government agencies an additional 1% charge on a separate line item to cover the incentive fee. The contractor must include the 1% incentive fee in the price of the products or services offered, and the line item prices must not exceed the applicable GSA prices. A local government agency is any city, county, district, or other local governmental body, including the California State University (CSU) and University of California (UC) systems, K-12 public schools and community colleges empowered to expend public funds. This incentive fee is waived for CMAS purchase orders issued to California certified small businesses. The check covering this fee shall be made payable to the Department of General Services, CMAS Unit, and mailed to the CMAS Unit along with the applicable Quarterly Report. See the provision in this contract entitled "Contractor Quarterly Report Process" for information on when and where to send these checks and reports. CONTRACTOR PROVIDES COPY OF THE CONTRACT AND SUPPLEMENTS CMAS contractors are required to provide the entire contract that consists of the following: • Cover pages with DGS logo and CMAS analyst's signature, and Ordering Instructions and Special Provisions. • California CMAS Terms and Conditions. • Federal GSA Terms and Conditions (unless otherwise stipulated in the CMAS contract). • Federal GSA products, services, and price list (unless otherwise stipulated in the CMAS contract). • Supplements, if applicable. It is important for the agency to confirm that the required products, services, and prices are included in the contract and are at or below contract rates. To streamline substantiation that the needed items are in the contract, the agencies should ask the contractor to identify the specific pages from the contract that include the required products, services, and prices. Agencies should save these pages for their file documentation. Ordering Instructions and Special Provisions 10 CONTRACTORS ACTING AS FISCAL AGENTS ARE PROHIBITED When a subcontractor ultimately provides all of the products or performs all of the services that a contractor has agreed to provide, and the prime contractor only handles the invoicing of expenditures, then the prime contractor's role becomes that of a fiscal agent because it is merely administrative in nature, and does not provide a Commercially Useful Function (CUF). It is unacceptable to use fiscal agents in this manner because the agency is paying unnecessary administrative costs. AGENCY RESPONSIBILITY Agencies must contact contractors to obtain copies of the contracts and compare them for a best value purchasing decision. Each agency is responsible for its own contracting program and purchasing decisions, including use of the CMAS program and associated outcomes. This responsibility includes, but is not necessarily limited to, ensuring the necessity of the services, securing appropriate funding, complying with laws and policies, preparing the purchase order in a manner that safeguards the State's interests, obtaining required approvals, and documenting compliance with Government Code 19130.b (3) for outsourcing services. It is the responsibility of each agency to consult as applicable with their legal staff and contracting offices for advice depending upon the scope or complexity of the purchase order. If you do not have legal services available to you within your agency, the DGS Office of Legal Services is available to provide services on a contractual basis. CONFLICT OF INTEREST Agencies must evaluate the proposed purchase order to determine if there are any potential conflict of interest issues. See the attached CMAS Terms and Conditions, Conflict of Interest, for more information. FEDERAL DEBARMENT When federal funds are being expended, the agency is required to obtain (retain in file) a signed "Federal Debarment" certification from the contractor before the purchase order is issued. This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants; responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 LIQUIDATED DAMAGES FOR LATE DELIVERY The value of the liquidated damages cannot be a penalty, must be mutually agreed upon by agency and contractor and included in the purchase order to be applicable. ACCEPTANCE TESTING CRITERIA If the agency wants to include acceptance testing for all newly installed technology systems, and individual equipment, and machines which are added or field modified (modification of a machine from one model to another) after a successful performance period, the test criteria must be included in the purchase order to be applicable. AMERICANS WITH DISABILITY ACT (ADA) Section 504 of the Rehabilitation Act of 1973 as amended; Title VI and VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act, 42 USC 12101; California Code of Regulations, Title 2, Title 22; California Government Code, Sections 11135, et seq.; and other federal and State laws, and Executive Orders prohibit discrimination. All programs, activities, employment opportunities, and services must be made available to all persons, including persons with disabilities. See Attachment A for Procurement Division's ADA Compliance Policy of Nondiscrimination on the Basis of Disability. Individual government agencies are responsible for self - compliance with ADA regulations. Contractor sponsored events must provide reasonable accommodations for persons with disabilities. DGS PROCUREMENT DIVISION CONTACT AND PHONE NUMBER Department of General Services Procurement Division, CMAS Unit 707 Third Street, 2nd Floor, MS 202 West Sacramento, CA 95605-2811 Phone # (916) 375-4363 Fax # (916) 375-4663 Ordering Instructions and Special Provisions 11 CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) FIELDTURF USA, INC. CMAS NO. 4-06-78-0031A, SUPPLEMENT NO. 6 ATTACHMENT A ADA NOTICE Procurement Division (State Department of General Services) AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE POLICY OF NONDISCRIMINATION ON THE BASIS OF DISABILITY To meet and carry out compliance with the nondiscrimination requirements of the Americans With Disabilities Act (ADA), it is the policy of the Procurement Division (within the State Department of General Services) to make every effort to ensure that its programs, activities, and services are available to all persons, including persons with disabilities. For persons with a disability needing a reasonable accommodation to participate in the Procurement process, or for persons having questions regarding reasonable accommodations for the Procurement process, please contact the Procurement Division at (916) 375-4400 (main office); the Procurement Division TTY/TDD (telephone device for the deaf) or California Relay Service numbers which are listed below. You may also contact directly the Procurement Division contact person who is handling this procurement. IMPORTANT: TO ENSURE THAT WE CAN MEET YOUR NEED, IT IS BEST THAT WE RECEIVE YOUR REQUEST AT LEAST 10 WORKING DAYS BEFORE THE SCHEDULED EVENT (i.e., MEETING, CONFERENCE, WORKSHOP, etc.) OR DEADLINE DUE -DATE FOR PROCUREMENT DOCUMENTS. The Procurement Division TTY telephone numbers are: Sacramento Office: Fullerton Office: (916) 376-1891 (714) 773-2093 The California Relay Service Telephone Numbers are: Voice 1-800-735-2922 or 1-888-877-5379 TTY: 1-800-735-2929 or 1-888-877-5378 Speech -to -Speech: 1-800-854-7784 Ordering Instructions and Special Provisions 12 ATTACHMENT B CMAS QUARTERLY BUSINESS ACT T ' DEPORT Contractor Name: Contract Number: For Questions Regarding This Report Contact: Name: Phone Number: E-mail: Reporting Calendar Year: Revision 0 Reporting Quarter: Q1 (Jan -Mar) 0 Q2 (Apr -Jun) 0 Q3 (Jul -Sep) 0 Q4 (Oct -Dec) ❑ Check Here if No New Orders for This Quarter D Total State Agency Dollars Reported for Quarter: $ 4. d4; Fi i^ xis,. m m M.I ° g d a e6 .. ..,..x,. x ., ....P .. F . tl tl ¢ < C.i.F-1 t..i3t .,.... f .. %..a a,E,SE;Y<.x..<,-.... E. «m4 .C,.. ... . P,9.F. d i . 3 «3.«J ...b • . =„>..v. , S..,,BE :.. 8 .... ,P LL ,..,.s, ....., .�.m. .? * , , ff<, s< �» :. PeE4'Pc”.,,..€,..., g$..r � Y !.3 r3 t 8 .,.... . }.. 3j..a` ✓ # 4 .., ... >.. .,, .. .. ., .. : 9 an..a. €F ......Ee .. ; .8-. .. � , e}�y .9 a..., , . t, < n <..e G . Fi ,: � . c. GLlA�, a.. ao F4 .. 4.P.........:....l rtf n...:._.,..,,,.....,.3.,,. "F_ .>.. �yy} E,!st .<. 8 > .r .. , ..6, .<:Y:.... F, .. a a.l.E ,.°�......f ..<.».., ..,a. ,. , S a E..8.6 <5 x, �»«> > i .i 99 ,... ,.., .i.... E,_.:K-t.,- .: ,«... ...,�., .i E,. ,. ..,. Fxs .. 3« i».. GC8 lF F: ...........E 3a..3a.s.m.,.,.,Y.. .., .. «,. ¢ ...,(.x.., ... r € E ...E...... 3. l9, a..E..a.,....,f,.,xx...n,.>.>„a..>i .,, ,....4. ..;3, m 4, P. x' ......: > .. .. C S.. u„f> ,, ,{an. /{ 1..« ,.9mC.te ... a� ��A �RAiA��i ��Tw'�B E:,����: ................. . :......... ...8.. x. i Y .-B. aP£f � . . #° P%. f a E ,:, ...aY.,..ffa.a. . , ,. ,. ,... , ., e 2 ..d.. f3:s .. E : a ....,<<.<:s-.. . , � : �.R,eXS .>.': i i i.,E.,.....d,. .,i � ....... t,.EE�B .,.. <.< f . .. ,.,.,=w. xEa� ' >r i 3 E.,€fle i.e,.C...,i.. ,...t -.,.,A;».. Yy . , K , F _ i” . ... F .. ° '. ... ••. ,. �ryy ..« . , ..a P«'' A .a .E E.......II s d ' C i ,.,�d €.l.E..,,,.:..,.. �F y E , . e @@ g P e.. "§.. $ Lt $ E ... «G. .. .. B}F -. /y>F �.P . 6 ,.Ef Pcx x3 "..{ .... pp }}�E � e ! ! :i :.,.StS .d.. a.... E. .. € > .. a?6>... ,.,... � ,r .., } Ct &".. s E i .,sff a :.. c •{, yy,, a.H, ..,..5. « . "�..{FE }f ... 4 C6AS�..<.«'f§2>.< A: k>.. a B 8 � .}b3C<. ..,4 ,�> E , z . ...E.. i E '. E '.. ,.. ., a e s . , a t� tol,A . 3 . 9. a, .C, . . ,> ,9 . 3 . . s9 p e II ,. 5'}t�f�iE 3.E . . ,:. : . r-' hi P. t .. P: . .r . .. , :' ,G ff a ab �, . .. .�j' y. .. � d.er� i .55a . #• t "!.E }.�,....���£,. ,31Y. .,...E,-e.aof.s.6.P,L E�. .£...,.�a4� ; ah, . .... e .m .. t5 •. ,:e S kS' >. J., 9 3 >B° •. ,k .,b,? .., �, ,.:. L. �... . �>ff, > & e .6Y. ..: ,'i . �;� ly H.... 9.8 ff p,.r yy yy�� qq ° . _. .t:Y.#�f:.i L3 ��°"' 9> GS Gff ff >r. 9B eP ,�. E .. ,En. s, .,! is kit E .ff€ P .e ... ... .-...4,.,,., yi:..> � f x ... a .i > ...,....12F...F 2 �E. .... .,. l;a� FfS g'. t .. �° �.. 3y e<a. <a. . ,f.i�,,.i.>»N,&..si , @ G.E a ,e�;.n.e, ¢3 aF �9ip°? ...d . R.. . :': pp .: { . . 4 , ,E.StF b ,Sf°,ff< � : "t� .. E.m .,E .. ,E .,a a,. ¢4s , s, , ae <... :. �. eEI+C' fit' ..�:..:. . E.:f LsoC <s>S39 ..r s ...3 3,€�. •.'t .: .. .r. e S3 ill 8. � ¢ E ¢ .¢ . . °�.�§ERYwe k€:: t G€ °f�a➢d? ., Total Local Government Agency Dollars for Quarter: $ 1% Remitted to DGS (does not apply to CA certified SIBs): $ Total of State and Local Government Agency Dollars Reported for this Quarter: $ Updated 1/1/2010 13 ATTACHMENT B CMAS QUARTERLY BUSINESS ACTIVITY REPORT Instructions for completing the CMAS Quarterly Business Activity Report 1. Complete the top of the form with the appropriate information for your company. 2. Agency Name - Identify the State agency or Local Government agency that issued the order. 3. Purchase Order Number - Identify the purchase order number (and amendment number if applicable) on the order form. This is not your invoice number. This is the number the State agency or Local Government agency assigns to the order. 4. Purchase Order Date - Identify the date the purchase order was issued, as shown on the order. This is not the date you received, accepted, or invoiced the order. 5. Agency Billing Code - Identify the State agency billing code. This is a five -digit number identified on the upper right hand corner of the Std. 65 purchase order form. You must identify this number on all purchases made by State of California agencies. Billing codes are not applicable to Local Government agencies. 6. Total Dollars Per PO - Identify the total dollars of the order excluding tax and freight. Tax must NOT be included in the quarterly report, even if the agency includes tax on the purchase order. The total dollars per order should indicate the entire purchase order amount (less tax and freight) regardless of when you invoice order, perform services, deliver product, or receive payment. 7. Agency Contact - Identify the ordering agency's contact person on the purchase order. 8. Agency Address - Identify the ordering agency's address on the purchase order. 9. Phone Number - Identify the phone number for the ordering agency's contact person. 10. Total State Sales & Total Local Sales - Separately identify the total State dollars and/or Local Government agency dollars (pre-tax) for all orders placed in quarter. 11. 1% Remitted to DGS - Identify 1% of the total Local Government agency dollars reported for the quarter. This is the amount to be remitted to DGS by contractors who are not California certified small businesses. 12. Grand Total - Identify the total of all State and Local Government agency dollars reported for the quarter. Notes: • A report is required for each CMAS contract, each quarter, even when there are no new orders for the quarter. • Quarterly reports are due two weeks after the end of the quarter. Ordering Instructions and Special Provisions 14 GSPD-401 Non -IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS NON -IT COMMODITIES 1. DEFINITIONS: The following terms shall be given the meaning shown, unless context requires otherwise or a unique meaning is otherwise specified. a) "Business entity" means any individual, business, partnership, joint venture, corporation, S -corporation, limited liability corporation, limited liability partnership, sole proprietorship, joint stock company, consortium, or other private legal entity recognized by statute. b) "Buyer" means the State's authorized Contracting official. c) "Contract" means this Contract or agreement (including any purchase order), by whatever name known or in whatever format used. d) "Contractor" means the Business Entity with whom the State enters into this Contract, Contractor shall be synonymous with "supplier", "vendor" or other similar term. e) "Goods" (commodities) means all types of tangible personal property, including but not limited to materials, supplies, and equipment (including computer equipment and telecommunications). f) "State" means the government of the State of California, its employees and authorized representatives, including without limitation any department, agency, or other unit of the government of the State of California. 2. CONTRACT FORMATION: If this Contract results from a Contract Offer, then Contractor's offer is deemed a firm offer and this Contract document is the State's acceptance of that offer. 3. COMPLETE INTEGRATION: This Contract, including any documents incorporated herein by express reference, is intended to be a complete integration and there are no prior or contemporaneous different or additional agreements pertaining to the subject matter of the Contract. 4. SEVERABILITY: The Contractor and the State agree that if any provision of this Contract is found to be illegal or unenforceable, such term or provision shall be deemed stricken and the remainder of the Contract shall remain in full force and effect. Either party having knowledge of such term or provision shall promptly inform the other of the presumed non -applicability of such provision. 5. INDEPENDENT CONTRACTOR: Contractor and the agents and employees of Contractor, in the performance of this Contract, shall act in an independent capacity and not as officers or employees or agents of the State. 6. APPLICABLE LAW: This Contract shall be governed by and shall be interpreted in accordance with the laws of the State of California; venue of any action brought with regard to this Contract shall be in Sacramento County, Sacramento, California. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Contract. 7. COMPLIANCE WITH STATUTES AND REGULATIONS: a) Contractor warrants and certifies that in the performance of this Contract, it will comply with all applicable statutes, rules, regulations and orders of the United States and the State of California and agrees to indemnify the State against any loss, cost, damage or liability by reason of Contractor's violation of this provision. b) If this Contract is in excess of $554,000, it is subject to the requirements of the World Trade Organization (WTO) Government Procurement Agreement (GPA). 8. CONTRACTOR'S POWER AND AUTHORITY: The Contractor warrants that it has full power and authority to grant the rights herein granted and will hold the State harmless from and against any loss, cost, liability, and expense (including reasonable attorney fees) arising out of any breach of this warranty. Further, Contractor avers that it will not enter into any arrangement with any third party which might abridge any rights of the State under this Contract. a) The State will notify Contractor of any such claim in writing and tender the defense thereof within a reasonable time; and b) Contractor will have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; provided that (i) when substantial principles of government or public law are involved, when litigation might create precedent affecting future State operations or liability, or when involvement of the State is othewise mandated by law, the State may participate in such action at its own expense with respect to attorneys' fees and costs (but not liability); (ii) the State will have the right to approve or disapprove any settlement or compromise, which approval will not unreasonably be withheld or delayed; and (iii) the State will reasonably cooperate in the defense and in any related settlement negotiations. 9. CMAS -- ASSIGNMENT: This Contract shall not be assignable by the Contractor in whole or in part without the written consent of the State. For the purpose of this paragraph, State will not unreasonably prohibit Contractor from freely assigning its right to payment, provided that Contractor remains responsible for its obligations hereunder. Should the State desire financing of the assets provided hereunder through GS $Mart, the State's financial marketplace, the Contractor agrees to assign to a State -designated lender its right to receive payment from the State for the assets in exchange for payment by the lender of the cash purchase price for the assets. Upon notice to do so from the State -designated lender at any time prior to payment by the State for the assets, the Contractor will execute and deliver to the State -designated lender an assignment agreement and any additional documents necessary for the State selected financing plan. The State - designated lender will pay the Contractor according to the terms of the Contractor's invoice upon acceptance of the assets by the State. 10. WAIVER OF RIGHTS: Any action or inaction by the State or the failure of the State on any occasion, to enforce any right or provision of the Contract, shall not be construed to be a waiver by the State of its rights hereunder and shall not prevent the State from enforcing such provision or right on any future occasion. The rights and remedies of the State herein are cumulative and are in addition to any other rights or remedies that the State may have at law or in equity. 11. CMAS -- ORDER OF PRECEDENCE: In the event of any inconsistency between the articles, attachments, specifications or provisions which constitute this Contract, the following order of precedence shall apply: a) these General Provisions — Non -IT Commodities; b) Contract form, i.e., Purchase Order STD 65, etc., and any amendments thereto; c) federal GSA (or other multiple award) terms and conditions; August 2010 Page 1 of 10 GSPID-4D 1 Non -IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES d) Statement of Work, including any specifications incorporated by reference herein; special terms and conditions; and all other attachments incorporated in the Contract by reference. e) f) 12. PACKING AND SHIPMENT: a) All Goods are to be packed in suitable containers for protection in shipment and storage, and in accordance with - applicable specifications. Each container of a multiple container shipment shall be identified to: I) show the number of the container and the total number of containers in the shipment; and ii) the number of the container in which the packing sheet has been enclosed. b) All shipments by Contractor or its subContractors must include packing sheets identifying: the State's Contract number; item number; quantity and unit of measure; part number and description of the Goods shipped; and appropriate evidence of inspection, if required. Goods for different Contracts shall be listed on separate packing sheets. c) Shipments must be made as specified in this Contract, as it may be amended, or otherwise directed in writing by the State's Transportation Management Unit within the Department of General Services, Procurement Division. 13. TRANSPORTATION COSTS AND OTHER FEES OR EXPENSES: No charge for delivery, drayage, express, parcel post, packing, cartage, insurance, license fees, permits, cost of bonds, or for any other purpose will be paid by the State unless expressly included and itemized in the Contract. a) Contractor must strictly follow Contract requirements regarding Free on Board (F.O.B.), freight terms and routing instructions. The State may permit use of an alternate carrier at no additional cost to the State with advance written authorization of the Buyer. b) If "prepay and add" its selected, supporting freight bills are required when over $50, unless an exact freight charge is approved by the Transportation Management Urtit within the Department of General Services Procurement Division and a waiver is granted. c) On "F.O.B. Shipping Paint" transactions, should any shipments under the Contract be received by the State in a damaged condition and any related freight loss and damage claims filed against the carrier or carriers be wholly or partially declined by the carrier or carriers with the inference that damage was the result of the act of the shipper such as inadequate packaging or loading or some inherent defect in the equipment andlor material, Contractor, on request of the State, shall at Contractor's own expense assist the State in establishing carrier liability by supplying evidence that the equipment and/or material was properly constructed, manufactured, packaged, and secured to withstand normal transportation conditions. 14. TIME IS OF THE ESSENCE: Time is of the essence in this Contract. 15. DELIVERY: Contractor shall strictly adhere to the delivery and completion schedules specified in this Contract. Time, if stated as a number of days, shall mean calendar days unless otherwise specified. The quantities specified herein are the only quantities required. If Contractor delivers in excess of the quantities specified herein, the State shall not be required to make any payment for the excess Goods, and may return them to Contractor at Contractor's expense or utilize any other rights available to the State at law or in equity. 16, SUBSTITUTIONS: Substitution of Goods may not be tendered without advance written consent of the Buyer. Contractor shall not use any specification in lieu of those contained in the Contract without written consent of.the Buyer. 17. INSPECTION, ACCEPTANCE AND REJECTION: a) Contractor and its subContractors will provide and maintain a quality assurance system acceptable to the State covering Goods and services under this Contract and will tender to the State only those Goods that have been inspected and found to conform to this Contract's requirements. Contractor will keep records evidencing inspections and their result, and will make these .records available to the State during Contract performance and for three years after final payment. Contractor shall permit the State to review procedures, practices, processes and related documents to determine the acceptability of Contractor's quality assurance system or other business practices related to performance of the Contract. b) All Goods may be subject to inspection and test by the State or its authorized representatives. c) Contractor and its subContractors shall provide all reasonable facilities for the safety and convenience of inspectors at no additional cost to the State. Contractor shall furnish to inspectors all information and data as may be reasonably required to perform their inspection. d) All Goods to be delivered hereunder may be subject to final inspection, test and acceptance by the State at destination, notwithstanding any payment or inspection at source. e) The State shall give written notice of rejection of Goods delivered or services Performed hereunder within a reasonable time after receipt of such Goods or performance of such services. Such notice of rejection will state the respects in which the Goods do not substantially conform to their specifications. If the State does not provide such notice of rejection within thirty (30) days, unless otherwise specified in the Statement of Work, of delivery, such Goods and services will be deemed to have been accepted. Acceptance by the State will be final and irreversible, except as it relates to latent defects, fraud, and gross mistakes amounting to fraud. Acceptance shall not be construed to waive any warranty rights that the State might have at law or by express reservation in this Contract with respect to any nonconformity. 16. SAMPLES: a) Samples of items may be required by the State for inspection and specification testing and must be fifrnished free of expense to the State. The samples furnished must be identical in all respects to the products offered and/or specified in the Contract. b) Samples, if not destroyed by tests, may, upon request made at the time the sample is furnished, be returned at Contractor's expense. 19. CMAS -- WARRANTY: The following warranty language is in addition to the warranty language provided in the federal GSA Multiple Award Schedule or other base Contract used to establish this CMAS Contract. When there is a conflict between the language, the following warranty language overrides. August 2010 Page 2 of 10 GSPD-401 Non -IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -1T COMMODITIES Unless otherwise specified, the warranties contained in this Contract begin after acceptance has occurred. a) Contractor warrants that Goods and services furnished hereunder will conform to the requirements of this Contract (including all descriptions, specifications and drawings made a part hereof), and such Goods will be merchantable, fit for their intended purposes, free from all defects in materials and workmanship and to the extent not manufactured pursuant to detailed designs furnished by the State, free from defects in design. The State's approval of designs or specifications furnished by Contractor shall not relieve the Contractor of its obligations under this warranty. b) All warranties, including special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, customer agencies and users of the Goods or services. 20. SAFETY AND ACCIDENT PREVENTION: In performing work under this Contract on State premises, Contractor shall conform to any specific safety requirements contained in the Contract or as required by law or regulation. Contractor shall take any additional precautions as the State may reasonably require for safety and accident prevention purposes. Any violation of such rules and requirements, unless promptly corrected, shall be grounds for termination of this Contract in accordance with the default provisions hereof. 21. INSURANCE: When performing work on property in the care, custody or control of the State, Contractor shall maintain all commercial general liability insurance, workers' compensation insurance and any other insurance the State deems appropriate under the -Contract. Contractor shall furnish an •insurance certificate evidencing required insurance coverage acceptable to the State. Upon request by the Buyer, the Contractor may be required to have the State shown as an "additional insured" on selected policies. 22. TERMINATION FOR NON -APPROPRIATION OF FUNDS: a) If the term of this Contract extends into fiscal years subsequent to that in which it is approved, such continuation of the Contract is contingent on the appropriation of funds for such purpose by the Legislature. If funds to effect such continued payment are not appropriated, Contractor agrees to take back any affected Goods furnished under this Contract, terminate any services supplied to the State under this Contract, and relieve the State of any further obligation therefor. b) STATE AGREES THAT IF PARAGRAPH (a) ABOVE IS INVOKED, GOODS SHALL BE RETURNED TO THE CONTRACTOR IN SUBSTANTIALLY THE SAME CONDITION IN WHICH DELIVERED TO THE STATE, SUBJECT TO NORMAL WEAR AND TEAR. STATE FURTHER AGREES TO PAY FOR PACKING, CRATING, TRANSPORTATION TO CONTRACTOR'S NEAREST FACILITY AND FOR REIMBURSEMENT TO THE CONTRACTOR FOR EXPENSES INCURRED FOR THEIR ASSISTANCE IN SUCH PACKING AND CRATING. 23. TERMINATION FOR THE CONVENIENCE OF THE STATE: a) The State may terminate performance of work under this Contract for its convenience in whole or, from time to time, in part, if the Department of General Services, Deputy Director, Procurement Division, or designee, determines .that a termination is in the State's interest. The Department of General Services, Deputy Director, Procurement Division, or designee, shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date thereof. The parties .agree that, as to the terminated portion of the Contract, the Contract shall be deemed to remain in effect until such time as the termination settlement, if any, is concluded and the Contract shall not be void. b) After receipt of a Notice of Termination, and except as directed by the State, the Contractor shall immediately proceed with the following obligations, as applicable, regardless of any delay in determining or adjusting any amounts due under this clause. The Contractor shall: i) Stop work as specified in the Notice of Termination. ii) Place no further subContracts for materials, services, or facilities, except as necessary to complete the continued portion of the Contract. iii) Terminate all subContracts to the extent they relate to the work terminated. iv) Settle all outstanding liabilities and termination settlement proposals arising from the termination of subContracts; the approval or ratification of which will be final for purposes of this clause. 24. TERMINATION FOR DEFAULT: a) The State may, subject to the Force Majeure paragraph contained herein, by written notice of default to the Contractor, terminate this Contract in whole or in part if the Contractor fails to: i) Deliver the Goods or to perform the services within the time specified in the Contract or any amendment thereto; ii) Make progress, so as to endanger performance of this Contract (but see subparagraph (b) below); or iii) Perform any of the other provisions of this Contract (but see subparagraph (b), below). b) The State's right to terminate this Contract under subparagraphs (a)(ii) and (a)(iii) above, may be exercised if the Contractor does not cure such failure within the time frame stated in the cure notice issued by the Buyer. c) If the State terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the Buyer considers appropriate, Goods or services similar to those terminated, and the Contractor will be liable to the State for any excess costs for those Goods or services. However, the Contractor shall continue the work not terminated. d) If the Contract is terminated for default, the State may require the Contractor to transfer title and deliver to the State, as directed by the Buyer, any: i) Completed Goods, and ii) Partially completed Goods and materials, parts, tools, dies, jigs, fixtures, plans, drawings, information, and Contract rights (collectively referred to as "manufacturing materials" in this clause) that the Contractor has specifically produced or acquired for the terminated portion of this Contract. Upon direction of the Buyer, the Contractor shall also protect and preserve property in its possession in which the State has an interest. e) The State shall pay Contract price for completed Goods delivered and accepted. The Contractor and Buyer shall agree on the amount of payment for manufacturing materials delivered and accepted for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. The State may withhold from these amounts any sum the Buyer determines to be August 2010 Page 3 of 10 GSPD-401 Non -IT Commodities-CMAS f) g) CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES necessary to protect the State against ioss because of outstanding liens or claims of former lien holders. If, after termination, it is determined that the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the State. The rights and remedies of the State in this clause are in addition to any other rights and remedies provided by law or under this Contract. 25. FORCE MAJEURE: Except for defaults of subContractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include, but are not limited to: a) Acts of God or of the public enemy, and b) Acts of the federal or state government in either its sovereign or Contractual capacity. If the failure to perform is caused by the default of a subContractor at any tier, and if the cause of.the default is beyond the control of both the Contractor and subContractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform. 26. RIGHTS AND REMEDIES OF STATE FOR DEFAULT: a) In the event any Goods furnished or services provided by the Contractor in the performance of the Contract should fail to conform to the requirements herein, or to the sample submitted by the Contractor, the State may reject the same, and it shall become the duty of the Contractor to reclaim and remove the item promptly or to correct the performance of services, without expense to the State, and immediately replace ail such rejected items with others conforming to the Contract. b) In addition to any other rights and remedies the State may have, the State may require Contractor, at Contractor's expense, to ship Goods via air freight or expedited routing to avoid or minimize actual or potential delay if the delay is the fault of the Contractor. c) In the event of the termination of the Contract, either in whole or in part, by reason of default or breach by the Contractor, any loss or damage sustained by the State in procuring any items which the Contractor agreed to supply shall be borne and paid for by the Contractor. d) The State reserves the right to offset the reasonable cost of all damages caused to the State against any outstanding invoices or amounts owed to Contractor or to make a claim against the Contractor therefore. 27. CONTRACTOR'S LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY: a) The Contractor shall be liable for damages arising out of injury to the person and/or damage to the property of the State, employees of the State, persons designated by the State for training, or any other person(s) other than agents or employees of the Contractor, designated by the State for any purpose, prior to, during, or subsequent to delivery, installation, acceptance, and use of the Goods either at the Contractor's site or at the State's place of business, provided that the injury or damage was caused by the fault or neligence of.the Contractor. b) Contractor shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by the Contractor, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Goods provided by the Contractor during the Contract. 28. INDEMNIFICATION; Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all Contractors, subContractors, suppliers, laborers and any other person, firm, or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation which may be injured or damaged by Contractor in the performance of this Contract. 29. INVOICES: Unless otherwise specified, invoices shall -be sent to the address set forth herein. Invoices shall be submitted in triplicate and shall include the Contract number; release order number (if applicable); item number; unit price, extended item price and invoice total amount. State sales tax and/or use tax shall be itemized separately and added to each invoice as applicable. 30. REQUIRED PAYMENT DATE: Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927 et. seq. Unless expressly exempted by statute, the Act requires state agencies to pay properly submitted, undisputed invoices not more than 45 days after (i) the date of acceptance of Goods or performance of services; ' or (11) receipt of an undisputed invoice, whichever is later. 31. TAXES: Unless otherwise required by law, the State of California is exempt from Federal excise taxes. The State will only pay for any State or local sales or use taxes on the services rendered or Goods supplied to the State pursuant to this Contract. 32. NEWLY MANUFACTURED GOODS: All Goods furnished under this Contract shall be newly manufactured Goods; used or reconditioned Goods are prohibited, unless otherwise specified. 33, CONTRACT MODIFICATION: No amendment or variation of the terms of this Contract shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Contract is binding on any of the parties. 34. CONFIDENTIALITY OF DATA: All financial, statistical, personal, technical and other data and information relating to the State's operation which are designated confidential by. the State and made available to the Contractor in order to carry out this Contract, or which become available to the Contractor in carrying out this Contract, shall be protected by the Contractor from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the State. The identification of all such confidential data and information as well as the State's procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the State in writing to the Contractor. if the methods and procedures employed by the Contractor for the protection of the Contractor's data and information are deemed by the State to be adequate for the protection of the State's confidential information, such methods and procedures may be used, with the written consent August 2010 Page 4 of 10 GSPD-401 Non -IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES of the State, to carry out the intent of this paragraph. The Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the Contractor's possession, is independently developed by the Contractor outside the scope of this Contract, or is rightfully obtained from third parties. 35. NEWS RELEASES: Unless otherwise exempted, news releases pertaining to this Contract shall not be made without prior written approval of the Department of General Services. 36. PATENT, COPYRIGHT AND TRADE SECRET INDEMNITY: a) •Contractor shall hold the State of California, its officers, agents and employees, harmless from liability of any nature or kind, including costs and expenses, for infringement or use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the Contract. b) Contractor may be required to furnish a bond to the State against any and all loss, damage, costs, expenses, claims and liability for patent, copyright and trade secret infringement. c) Contractor, at its own expense, shall defend any action brought against the State to the extent that such action is based upon a claim that the Goods or software supplied by the Contractor or the operation of such Goods pursuant to a current version of Contractor supplied operating software infringes a United States patent or copyright or violates a trade secret. The Contractor shall pay those costs and damages finally awarded against the State in any such action. Such defense and payment shall be conditioned on the following: i) That the Contractor shall be notified within a reasonable time in writing by the State of any notice of such claim; and, ii) That the Contractor shalt have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise, provided, however, that when principles of government or public law are involved, the State shall have the option to participate in such action at its own expense. d) Should the Goads or software, or the operation thereof, become, or in the Contractor's opinion are likely to become, the subject of a claim of infringement of a United States patent or copyright or a trade secret, the State shall permit the Contractor at its option and expense either to procure for the State the right to continue using the Goods or software, or to replace or modify the same so that they become non -infringing. If none of these options can reasonably be taken, or if the use of such Goods or software by the State shall be prevented by injunction, the Contractor agrees to take back such Goods or software and make every reasonable effort to assist the State in procuring substitute Goods or software. If, in the sole opinion of the State, the return of such infringing Goods or software makes the retention of other Goods or software acquired from the Contractor under this Contract impractical, the State shall then have the option of terminating such Contracts, or applicable portions thereof, without penalty er termination charge. The Contractor agrees to take back such Goods or software and refund any sums the State has paid Contractor less any reasonable amount for use or damage. e) The Contractor shall have no liability to the State under any provision of this clause with respect to any claim of patent, copyright or trade secret infringement which is based upon: i) The combination or utilization of Goods furnished hereunder with equipment or devices not made or furnished by the Contractor: or, ii) The operation of equipment furnished by the Contractor under the control of any operating software other than, or in addition to, the current version of Contractor -supplied operating software; or iii) The modification by the State of the equipment furnished hereunder or of the software; or iv) The combination or utilization of software furnished hereunder with non -Contractor supplied software. f) Contractor certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Contract for the acquisition, operation or maintenance of computer software in violation of copyright laws. The foregoing states the entire liability of the Contractor to the State with respect to infringement of patents, copyrights or trade secrets. g) 37. EXAMINATION AND AUDIT: Contractor agrees that the State, or its designated representative shall have the right to review and copy any records and supporting documentation pertaining to performance of this Contract. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees or others who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subContract related to performance of this Contract. 38. DISPUTES: a) The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, Contractor shall submit to the Department Director or designee a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to or involving this Contract, unless the State, on its own initiative, has already rendered such a final decision. Contractor's written demand shall be fully supported by factual information, and if such demand involves a cost adjustment to the Contract, Contractor shall include with the demand a written statement signed by an authorized person indicating that the demand is made in good faith, that the supporting data are accurate and complete and that the amount requested accurately reflects the Contract adjustment for which Contractor believes the State is liable. If the Contractor is not satisfied with the decision of the Department Director or designee, the Contractor may appeal the decision to the Department of General Services, Deputy Director, Procurement Division. In the event that this Contract is for information technology Goods and/or services, the decision may be appealed to an Executive Committee of State and Contractor personnel. b) Pending the final resolution of any dispute arising under, related to or involving this Contract, Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of Goods or providing of services in accordance with the State's instructions. Contractor's failure August 2010 Page 5 of 10 GSPD-401 Non -IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES to diligently proceed in accordance with the State's instructions shall be considered a material breach of this Contract. c) Any final decision of the State shall be expressly identified as such, shall be in writing, and shall be signed by the Department Director or designee or Deputy Director, Procurement Division if an appeal was made. If the State fails to render a final decision within 90 days after receipt of Contractor's demand, it shall be deemed a final decision adverse to Contractor's contentions. The State's final decision shall be conclusive and binding regarding the dispute unless Contractor commences an action in a court of competent jurisdiction to contest such decision within 90 days following the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later. 39. STOP WORK-: a) The State may, at any time, by written Stop Work Order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this Contract for a period up to 90 days after the Stop Work Order is delivered to the Contractor, and for any further period to which the parties may agree. The Stop Work Order shall be specifically identified as such and shall indicate it is issued under this clause. Upon receipt of • the Stop Work Order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the Stop Work Order during the period of work stoppage. Within a period of 90 days after a Stop Work Order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the State shall either: 1) Cancel the Stop Work Order; or ii) Terminate the work covered by the Stop Work Order as provided for in the termination for default or the termination for convenience clause of this Contract. b) If a Stop Work Order issued under this clause is canceled or the period of the Stop Work Order or any extension thereof expires, the Contractor shall resume work. The State shall make an equitable adjustment in the delivery schedule, the Contract price, or both, and the Contract shall be modified, in writing, accordingly, 1) The Stop Work Order results in an increase in the time required for, or in the Contractor's cost properly allocable to the performance of any part of this Contract; and ii) The Contractor asserts its right to an equitable adjustment within 30 days after the end of the period of work stoppage; provided, that if the State decides the facts justify the action, the State may receive and act upon a proposal submitted at any time before final payment under this Contract. c) If a Stop Work Order is not canceled and the work covered by the Stop Work Order is terminated in accordance with the provision entitled Termination for. the Convenience of the State, the State shall allow reasonable costs resulting from the Stop Work Order in arriving at the termination settlement. d) The State shall not be liable to the Contractor for loss of profits because of a Stop Work Order issued under this clause. 40. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with PCC Section 10353. 41. COVENANT AGAINST GRATUITIES: The •Contractor warrants that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the State with a view toward securing the Contract or securing favorable treatment with respect to any determinations concerning the performance of the Contract. For breach or violation of this warranty, the State shall have the right to terminate the Contract, either in whole or in part, and any loss or damage sustained by the State in procuring on the open market any items which Contractor agreed to supply shall be borne and paid for by the Contractor. The rights and remedies of the State provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or in equity. 42. NONDISCRIMINATION CLAUSE: a) During the performance of this Contract, Contractor and its subContractors shall not unlawfully discriminate, harass or allow harassment, against any employee or applicant for employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, disability (including HIV and AIDS), medical condition (cancer), age, marital status, and denial of family care leave. Contractor and subContractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Contractor and subContractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990' et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section. 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subContractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. b) The Contractor shall include the nondiscrimination and compliance provisions of this clause in all subContracts to perform work under the Contract. 43. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor swears under penalty of perjury that no more than one final, unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of the National Labor Relations Board. This provision is required by, and shall be construed in accordance with, PCC Section 10296. 44. ASSIGNMENT OF ANTITRUST ACTIONS: Pursuant to Government Code Sections 4552, 4553, and 4554, the following provisions are incorporated herein: a) In submitting an offer to the State, the supplier offers and agrees that if the offer is accepted, it will assign to the State all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U,S.C. 15) August 2010 Page 6 of 10 GSPD-401 Non -IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2.of Division 7 of the Business and Professions Code), arising from purchases of Goods, material, or services by the supplier for sale to the State pursuant to the solicitation. Such assignment shall be made and become effective at the time the State tenders final payment to the supplier. b) If the State receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the State any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the State as part of the offer price, less the expenses incurred in obtaining that portion of the recovery. c) Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and i) the assignee has not been injured thereby, or ii) the assignee declines to file a court action for the cause of action. 45. DRUG-FREE WORKPLACE CERTIFICATION; The Contractor certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of .the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b) Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about ail of the following: i) the dangers of drug abuse in the workplace; ii) the person's or organization's policy of maintaining a drug-free workplace; iii) any available counseling, rehabilitation and employee assistance programs; and, iv) penalties that may be imposed upon employees for drug abuse violations. c) Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed or resulting Contract: i) will receive a copy of the company's drug-free policy statement; and, ii) will agree to abide by the terms of the company's statement as a condition of employment on the Contract. 46. FOUR -DIGIT DATE COMPLIANCE: Contractor warrants that it will provide only Four -Digit Date Compliant (as defined below) Deliverables andfor services to the State, "Four Digit Date Compliant" Deliverabies and services can accurately process, calculate, compare, and sequence date data, including without limitation date data arising out of or relating to leap years and changes in centuries. This warranty and representation is subject to the warranty terms and conditions of this Ccntract and does not limit the generality of warranty obligations set forth elsewhere herein. 47. SWEATFREE CODE OF CONDUCT: a) Contractor declares under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the State pursuant to the Contract have been produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced tabor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. Contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b) Contractor agrees to cooperate fully in providing reasonable access to its records, documents, agents or employees, or premises if reasonably required by authorized officials of the State, the Department of Industrial Relations, or the Department of Justice to determine Contractor's compliance with the requirements under paragraph (a). 48. RECYCLING: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public Contract Code Section 12200, in products, materials, Goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (PCC 12205). 49. CHILD SUPPORT COMPLIANCE ACT: For any Contract in excess of $100,000, the Contractor acknowledges in accordance with PCC Section 7110, that: a) The Contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and b) The Contractor, to the best of its knowledge is fully complying with the earnings assignment orders of al] employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 50. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that Contractor complies with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq). 51. ELECTRONIC WASTE RECYCLING ACT OF 2003: The Contractor certifies that it complies with the requirements of the Electronic Waste Recycling Act of 2003, Chapter 8.5, Part 3 of Division 30, commencing with Section 42460 of the Public Resources Code, relating to hazardous and solid waste. Contractor shall maintain documentation and provide reasonable access to its records and documents that evidence compliance. 52. USE TAX COLLECTION: In accordance with PCC Section 10295.1, Contractor certifies that it complies with the requirements of Section 7101 of the Revenue and Taxation Code. Contractor further certifies that it will immediately advise State of August 2010 Page 7 of 10 GSPD-461 Non -IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES any change in its retailer's seller's permit or certification of registration or applicable affiliate's seller's permit or certificate of registration as described in subdivision (a) of PCC Section 10295.1. 53. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of PCC Section 10286 and 10286.1, and is eligible to Contract with the State. 54. DOMESTIC PARTNERS: For Contracts over $100,000 executed or amended after January 1, 2007, the Contractor certifies that the Contractor is in compliance with Public Contract Code section 10295.3. 55. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: a) If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b) If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 56. LOSS LEADER: It is unlawful for any person engaged in business within this state to sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business and Professions Code. (PCC 10302(b).). ADDITIONAL CMAS TERMS AND CONDITIONS 57. CMAS -- CONTRACTOR'S LICENSE REQUIREMENTS: Contracts that include installation or the wording "Furnish and Instal!" require at the time of Contract award that Contractors possess a valid California State Contractor's License. If sub - Contractors are used, they must also possess a valid California State Contractor's License. All businesses which construct or alter any building, highway, road, parking facility, railroad, excavation, or other structure in California must be licensed by the California State License Board (CSLB) if the total cost (labor and materials) of the project is 3500.00 or more. Failure to be licensed or to keep the license current and in good standing shall be grounds for Contract revocation. 58. CMAS -- PUBLIC WORKS REQUIREMENTS (LABOR/INSTALLATION): a) Prior to the commencement of performance, the Contractor must obtain and provide to the State, a payment bond, on Standard Form 807, when the Contract involves a public works expenditure (labor/installation costs) in excess of $5,000. Such bond shall be in a sum not less than one hundred percent (100%) of the Contract price, Forms shall be provided to the Contractor. b) In accordance with the provisions of Section 1773 of the California Labor Code, the Contractor shall, conform and stipulates to the genera} prevailing rate of wages, including employer benefits as defined in Section 1773.1 of the California Labor Code; applicable to the classes of labor to be used for public works such as at the delivery site for the assembly and installation of the equipment or materials under the purchase order. Pursuant to Section 1770 of the California Labor Code, the Department of Industrial -Relations has ascertained the general prevailing rate of wages in the county in which the work is to be done, to be as listed in the Department of Transportation booklet entitled General Prevailing Wage Rates. The booklet is compiled monthly and copies of the same are available from the Department of industrial Relations, Prevailing Wage Unit at www.dir.ca.gov (select Statistics & Research) or (415) 703- 4774. The booklet is required to be posted at the job site. c) The Contractor hereby certifies by signing this Contract that: i) Contractor has met or will comply with the standards of affirmative compliance with the Non -Discrimination Clause Requirements included herein. Contractor is aware of the provisions of Section 3700 of the Labor Code that require every employer to be insured against liability for workmen's compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor will comply with such provisions before commencing the performance of the work of the purchase order. d) Laws to be Observed i) Labor Pursuant to Section 1775 of the California Labor Code the Contractor shall, as a penalty to the State or Political subdivision on whose behalf the purchase order is made or awarded, forfeit not more than fifty ($50.00) for each calendar day, or portions thereof, for each worker paid by him or subContractor under him, less than the prevailing wage .so stipulated; and in addition, the Contractor further agrees to pay to each workman the difference between the actual amount paid for each calendar day, or portions thereof, and the stipulated prevailing wage rate for the same. This provision shall not apply to properly indentured apprentices. Pursuant to Sections 1810-1815 of the California Labor Code, inclusive, it is further agreed that the maximum hours a worker is to be employed is limited to eight hours a day and forty hours a week and the Contractor shall forfeit, as a penalty to the State, twenty-five ($25) for each worker employed in the execution of the purchase order for each calendar day during which a workman is required or permitted to labor more than eight hours in any calendar day or more than forty hours in any calendar week, in violation of California Labor Code Sections 1810-1815, inclusive. LI) Workers Compensation Insurance August 2010 Page 8 of 10 GSPD-401Non-IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES The Contractor will be required to secure the payment of compensation to: its employees in accordance with the provisions of Labor Code Section 3700. ill) Travel and Subsistence Payments Travel and subsistence payments shall be paid to each worker needed to execute the work, as suoh travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. iv) Apprentices Special attention is directed to Sections .1777.5, 1777.6, and 1777.7 of the California Labor Code and Title 8, California Administrative Code Section 200 et seq. Each Contractor and/or subContractor must, prior to commencement of the public works Contract/purchase order, contact the Division of Apprenticeship Standards, 525 Golden Gate Avenue, San Francisco, CA, or one of its -branch offices to insure compliance and complete understanding of the law regarding apprentices and specifically the required ratio thereunder. Responsibility for compliance with this section lies with the prime Contractor. v) Payroll The Contractor shall keep an accurate payroll record /showing the name, social security account, and work classification specific and straight time and overtime hours worked by each employee. A certified copy of the employee's payroll record shall be available for inspection as specified in section 1776 of the California Labor Code. 59. CMAS -- TERMINATION OF CMAS CONTRACT: a) The State may terminate this CMAS Contract at any time upon 30 days prior written notice. b) if the Contractor's GSA Multiple Award Schedule is terminated within the term of the California Multiple Award Schedule, the California schedule shall also be considered terminated on the same date. c) Upon termination or other expiration of this Contract, each party will assist the other party in orderly termination of the Contract and the transfer of all assets, tangible and intangible, as may facilitate the orderly, nondisrupted business continuation of each party. d) Prior to the expiration of this Contract, this Contract may be terminated for the convenience of both parties by mutual consent. e) This provision shall not relieve the Contractor of the obligation to perform under any purchase order or other similar ordering document executed prior to the termination becoming effective. 60. CMAS -- CONTRACT AMOUNT: There is no guarantee of minimum purchase of Contractors products or services by the State. 61. CMAS -- DEBARMENT CERTIFICATION (FEDERALLY FUNDED CONTRACTS): When Federal funds are being expended, the prospective recipient of Federal assistance funds is required to certify to the Buyer, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency, 62. CMAS -- PURCHASE ORDERS FUNDED IN WHOLE OR PART BY THE FEDERAL GOVERNMENT: All Contracts (including individual orders), except for State construction projects, which are funded in whole or in part by the federal government may be canceled with 30 days notice, and are subject to the following: a) It is mutually understood between the parties that this Contract (order) may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the Contract (order) were executed after that determination was made. b) This Contract (order) is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the fiscal year during which the order was generated for the purposes of this program. In addition, this Contract (order) is subject to any additional restrictions, limitations, o• conditions enacted by the Congress or any statute enacted by the Congress that may affect the provisions, terms or funding of this Contract (order) in any manner. c) It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this Contract (order) shall be amended to reflect any reduction in funds. The department has the option to void the Contract (order) under the 30 -day cancellation clause or to amend the Contract to reflect any reduction of funds. 63. CMAS -- CONFLICT OF INTEREST: a) Current State Employees (Public. Contract Code Section 10410): i) No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity or enterprise is required as a condition of regular State employment. .ii) No officer or employee shall Contract on his or her own behalf as an independent Contractor with any State agency to provide Goods or services. b) Former State Employees (Public Contract Code Section 10411): 1) For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a Contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the Contract while employed in any capacity by any State agency. ii) For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a Contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the. proposed Contract within the twelve-month period prior to his or her leaving State service. 64. CMAS -- SUBCONTRACTING REQUIREMENTS: Any subContractor that the CMAS supplier chooses to use in fulfilling the requirements of this Contractfpurchase order, and which is expected to receive more than ten (10) percent of value of the Contract/purchase order, must also meet all Contractual, administrative, and technical requirements of the Contract/purchase order, as applicable. 65. CMAS -- RENTAL AGREEMENTS: August 2010 Page 9 of 10 GSPD-401 Non -IT Commodities-CMAS CALIFORNIA MULTIPLE AWARD SCHEDULES (CMAS) GENERAL PROVISIONS - NON -IT COMMODITIES The State does not agree to: • Indemnify a Contractor; • Assume responsibility for matters beyond its control; • Agree to make payments in advance; • Accept any other provision creating a contingent liability against the State; or • Agree to obtain insurance to protect the Contractor. The State's responsibility for repairs and liability for damage or loss is restricted to that made necessary by or resulting from the negligent act or omission of the State" or its officers, employees, or agents. If the Contractor maintains the equipment, the Contractor must keep the equipment in good working order and make all necessary repairs and adjustments without qualification. The State may terminate for default or cease paying rent should the Contractor fail to maintain the equipment properly. Personal property taxes are not generally reimbursed when leasing equipment (SAM 8736). 66. CMAS -- LEASE (Lease $Mart TM): If an agency desires to lease through Lease $Mart TM, the Contractor agrees to sell to lessor the assets at the same price as they agree to sell to the State. 67. CMAS -- QUARTERLY REPORTS: Contractors are required to submit quarterly business activity reports, as specified in this Contract, even when there is no activity. A separate report is required for each Contract, as differentiated by alpha suffix. 68. CMAS -- LIQUIDATED DAMAGES: In the event that the Contractor fails to deliver in accordance with the Contract requirements, the parties agree that the delay will interfere with the proper implementation of the State's programs, to the loss and damage of the State. From the nature of the • case, it would be impracticable and extremely difficult to fix the actual damages sustained in the event of any such delay. The State and Contractor, therefore, presume that in the event of any such delay the amount of damage which will be sustained from a delay will be the amounts set forth in the Statement of Work, and the State and the Contractor agree that in the event of any such delay, the Contractor shall pay such amounts as liquidated damages- and—not as a penalty. Amounts due the State as liquidated damages may be deducted by the State from any money payable to the Contractor. The State shall notify the Contractor in writing of any claim for liquidated damages pursuant to this paragraph on or before the date State deducts such sums from money payable to the Contractor. 69. CMAS -- PROGRESS PAYMENTS/PERFORMANCE BONDS: In accordance with PCC 10314: Any Contract for Goods to be manufactured by the Contractor specially for the State and not suitable for sale to others in the ordinary course of the Contractor's business may provide, on such terms and conditions as the department deems necessary to protect the State's interests, for progress payments for work performed and costs incurred at the Contractor's shop or plant, provided that not less than 10 percent of the Contract price is required to be withheld until final delivery and acceptance of the Goods, and provided further, that the Contractor is required to submit a faithful performance bond, acceptable to the department, in a sum not less than one-half of the total amount payable under the Contract securing the faithful.performance of the Contract by the Contractor. August 2010 Page 10 of 10 -W4 Capital Improvement Program Fiscal Years 2018-22 PATRICIA H. BIRDSALL SPORTS PARK SYNTHETIC TURF REPLACEMENT Parks and Recreation Project Project Description: This project includes the replacement of the synthetic turf and infill material at each of the four synthetic turf sports fields at Patricia H. Birdsall Sports Park. The replacement of the synthetic turf will include it's maintenance for the next eight years. Benefit / Core Value: This project protects the City's vast investment in parks and open space facilities. In addition, this project satisfies the City's Core Values of a Healthy and Livable City, A Safe and Prepared Community, and Accountable and Responsive City Government. Project Status: The replacement of the synthetic turf for the four fields will be performed between June and August 2017 Department: Public Works / Temecula Community Services 210.190.119 Level: I Project Cost: Prior Years Actual Expenditu res FYE 2016 2017-18 Carryover Adopted 2018-19 2019-20 2020-21 2021-22 Total Project Budget Appropriation Projected Projected Projected Projected Cost Administration $ 60,000 $ 60,000 $ - $ 120,000 Construction $ - $ 910,000 $ 910,000 $ - $ - $ - $ - $ 1,820,000 Construction Engineering $ 30,000 $ 30,000 $ 60,000 Totals $ - $ 1,000,000 $ 1,000,000 $ - $ - $ - $ 2,000,000 Source of Funds: Prior Years Actual Expenditu res FYE 2016 2016-17 Carryover Adopted 2017-18 2018-19 2019-20 2020-21 Total Project Budget Appropriation Projected Projected Projected Projected Cost Measure S $ 1,000,000 $ 1,000,000 $ 2,000,000 Total Funding: $ - $ 1,000,000 $ 1,000,000 $ - $ - $ - $ - $ 2,000,000 Future Operation & Maintenance Costs 2016-17 2017-18 2018-19 2019-20 2020-21 included 1 included 1 included 1 included 1 FY2016/17 Carryover - includes $1,000,000 mid -year appropriation to remove and replace two fields FY2017/18 - Appropriation Request - $1,000,000 to remove and replace turf on two fields PATRICIA H. BIRDSALL SPORTS PARK SYNTHETIC TURF ENHANCEMENT Parks and Recreation Project • ..,, ,.. 'I.:0i., , :::, • \ •,,,, •-•::_ , • - - - ' '' . . oNt-\•47, '1„,:\ . •7.` 's ' , '' - 1 \-k ' V.,,V , ' . - , . \'' -1..-•.."--11 I . \ ' ' -14PS.,- . - '''' \ r-,-:::----:'1 • ..,,•&, .. . N.- *4.-. • ^. ..-\ ,- . ,,,, .,:•,. S. \ -A73 N Cly, ,•,... t ''-',c\.•VA 7 -_' ,. .,.- i \ . r1 40 ' \ A-1.,.. -•'',.' „..- .4 ' - • .1* ' .,:‘,„:'•:‘ Z , 1 , - — '„ in 4 -- • '', ' •s 2..,, n1 '''''.•, ,S° 1,, • .7`••,. :' --:-:.-2 ,-.,- - -„ ...., - ..„, 1 ; :..:Si, ` :',,,. • -: , • ''''',A '... •',.,,.. ---. CREST ,CT • • 41. \ * •,1 , • 1/ w • .0' • • ta / N, 1989 Aerial Data -June 2011 Feet 0 50 100 200 140 Item No. 12 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: March 28, 2017 SUBJECT: Approve Interstate 15 Branding and Visioning — Conceptual Landscape Corridor Plan from Visit Temecula Valley and Authorize Communication of Endorsement to Local, State and Federal Agencies as Needed PREPARED BY: Patrick Thomas, Director of Public Works/City Engineer Luke Watson, Director of Community Development RECOMMENDATION: That the City Council approve the Interstate 15 Branding and Visioning - Conceptual Landscape Corridor Plan from Visit Temecula Valley and authorize communication of endorsement to Local, State and Federal Agencies as needed. BACKGROUND: The City Council received a presentation on the Interstate 15 Branding and Visioning - Conceptual Landscape Corridor Plan by Visit Temecula Valley at the March 14, 2017 City Council Meeting. Following discussion by the council, it was requested to agendize an item for approval of the plan, and authorize staff to communicate endorsement of the plan with other Local, State and Federal agencies as needed. FISCAL IMPACT: There is no direct fiscal impact associated with approval of the Interstate 15 Branding and Visioning - Conceptual Landscape Corridor Plan. A new project will be included in the City's Capital Improvement Program budget for Fiscal Years 2018-22. At this time, no funding has been identified for implementation of the plan. ATTACHMENT: Interstate 15 Branding and Visioning - Conceptual Landscape Corridor Plan I '��'f5 BRANDING : VISISNING' -L- PROJECT SPONSORS PECHANGA RESORT & CASINO 1 VISIT TEMECULA VALLEY 1 CITY OF TEMECULA PROMENADE TEMECULA 1 TEN CULA VALLEY CHAMBER OF COMMERCE 1 I LEGEND: * Gateway Monumentation Corridor Interchange Interchange Overpass Interchange Focal Art Corridor Overpass Bridge Treatment Sculptures Native / Drought Tolerant Landscape MAO Landscape Row Plantings 0 / -- To Los Angeles / Riverside North Gateway Monumentation South Gateway ,......-- Monuinentation San Diego I-15 g:7 TEMECULA NATIVE AMERICAN CULTURE • Pechanga People • The Great Oak • The Canyon • Natural Water Features OLD TOWN • Early Settlers • Emigrant Trail • Equestrian Horseback Riding • Butterfield Overland Stage Trail Temecula Valley Wine Country Tour WINE COUNTRY • Grape Vineyards • Wine Making (Wineries) • Scenic Vistas • Festivals TEMECULA LIFESTYLE - "THE PLACE OF THE SUN" • Ballooning • Golfing • Family • Quality Lifestyle Ri M DESION GROUP 06/02/2016 sOO 1,000 2,000' CORRIDOR INFLUENCES CONCEPTUAL LANDSCAPE CORRIDOR PLAN 1-15 CORRIDOR BRANDING & VISIONING CITY OF TEMECULA, CALIFORNIA .41)ei joft 94 et ) 5 B6115M PEUSED MOD1FIE TEMECULA PARKWAY rn rr� ere,:. l,1GUt�A CC SOUTH GATEWAY TREATMENT • New Gateway Monument with natural stone materials and aluminum letters / logo • Coast Live Oak background / accent plantings • Native shrub and groundcover plantings TEMECULA PARKWAY INTERCHANGE • Proposed Caltrans interchange road alignment improvements • Local Native American Public Art Design - pottery/basket • Specimen Coast Live Oak tree planting • California native plantings • Example-Si9MPnnel 10.010 Temecula Native American Corridor Art Panels `ti` �M -illi\� Uuskets Great Oak Dunce aCtEl�/.<. IV%e�/ Existing Tree Groves to he evaluated by certified arhorisl CORRIDOR ART • • Corton steel panels with silhouette cut-outs to represent Temecula Native American culture and native landscape • Basket • Great Oak ' • Dance 1 Ilk 03/06/2017 JOESIGN ^� AAsrsouru1 �i� 0 gar' aoneOo' TEMECULA PARKWAY ENLARGEMENT 1-15 CORRIDOR BRANDING & VISIONING CITY OF TEMECULA, CALIFORNIA °ouN,•r Ilil I" 55151,1l LaGUrJA COAST TEMECULA PARKWAY INTERCHANGE ▪ • Proposed Caltrans interchange road * alignment improvements • Wine Country landscape theme • Grape Vineyard rows • Italian Cypress vertical accent trees • Olive tree orchard • Terrace Stone Planter Wall • "Grape" Sculpture centerpiece Exp mple •Stytr.'Paa ie SOUTH GATEWAY TREATMENT • New Gateway Monument with natural stone materials and aluminum letters / logo • Coast Live Oak background / accent plantings • Native shrub and groundcover plantings Existing Tree Groves to be evaluated by certified arborist CORRIDOR ART • Corten steel panels with silhouette cut-outs to represent Temecula Native American culture and native landscape • Basket • Great Oak • Dance 1 La 6 i sl} ir RJM 111 06 DESIGN GROUP 02/2016 0 100 EGO 0 TEMECULA PARKWAY ENLARGEMENT c-9,' 1-15 CORRIDOR BRANDING & VISIONING CITY OF TEMECULA, CALIFORNIA South Gateway Monuments RANCHO CALIFORNIA RANCHO CALIFORNIA ROAD INTERCHANGE • Bridge column abutment with stone veneer • Terraced stone veneer planter walls • Corten steel art panels • Italian Cypress / Flowering accent trees • Drought tolerant shrubs / groundcover • "Grape Vineyard" Row Planting ' 15 Rancho California Road Character Image, - j Santiago Road Overpass (South Side) - Option A Santiago Road Overpass (South Side) - Option B SANTIAGO ROAD OVERPASS • Bridge column abutments with stone veneer • Bridge guardrail decorative treatments Rancho California Road Interchange Santiago Road Bridge Chara Image OLD TOWN CORRIDOR RIGHT-OF-WAY 44 LANDSCAPE TREATMENT �, • Landscape Row Plantings to VC\. y ti / j. simulate Vineyards 1J iiiwiP� Corten steel vertical art panels Ir e. 4� . . M• • Existing tree groves %Me Historic / Cultural Corridor Art Panels Vineyard Equestrian Early Settlers -0 \ 1 06/02/2016 pi / ■ Km, �\ " I-7.10° ioo• -zoo• <oa r r �I SCALE: 1" = 4,000' SANTIAGO SANTIAGO ROAD TO RANCHO CALIFORNIA ROAD ENLARGEMENT c - 1-15 CORRIDOR BRANDING & VISIONING sou, ca„,,. „"3?, CITY OF'I EMECULA, CALIFORNIA cY t *IN.Oli]V •HJNV. Santiago Road Overpass (South Side) -Option A Santiago Road Overpass (South Side) -Option B elodilVJ 0 Rancho California Road Interchange Old Town / City Hall WINCHESTER • Winchester Road Interchange (North Side) WINCHESTER ROAD INTERCHANGE • Bridge overpass column abutment • Terraced stone veneer walls • Metal sculpture artwork ti • Drought tolerant plantings and rock blanket • Grape Vineyard Row Plantings Winchester Road Interchange (South Side) Drought dcoverplantedinront bs groundcover in rows to representvineyards and low hedgegebackground ground planting to maintain vistas to the mountains Drought tolerant landscape to represent 'riparian' landscape / oa *re Bridge Character Image RJM DESIGN GROUP 06/02/2016 0 100 Z00' Metal sculpture artwork panels Existing tree groupings Quality of Lie Corridor Art Panels Recreation Ballooning Golfing 1-15 CO f WINCHESTER ROAD ENLARGEMENT ryi DOR BRANDING & VISIONINGSUVTNEWINELOUNTRY 9); CITY OF TEMECULA, CALIFORNIA i}+ Winchester Road Interchange (North Side) nr J- W', . ...f, Winchester Road Interchange (South Side) Corridor Edge Treatment FRENCH VALLEY PARKWAY .. • . • '..,. . UV ,. fs • •-`- ) 44.'00 • , . FRENCH VALLEY PARKWAY INTERCHANGE • Proposed Caltrans interchange road alignment improvements • Rock blanket under accent trees • Metal sculpture artwork ,- , • Drought tolerant shrub / groundcover landscape to simulate vineyard rows -\ • Italian Cypress and Olive tree accent planting North Gateway sign monument stone veneer wall with aluminum letters / logo ..< L • French Valley Parkway lnterchange 4:3 • Ilk 06/02/2016 Rj MOROUP — —" A 8 LANDSCAPE TREATMENT TO PROVIDE VINEYARD CHARACTER • "Grape Vineyard" rows • Fruitless Olive Trees • - . . eA\ wJ 0 IMO' 250 400' .4. FRENCH VALLEY PARKWAY ENLARGEMENT 9444tQ) 1-15 CORRIDOR BRANDING & VISIONING CITY OF TEMECULA, CALIFORNIA 1INEARAtifirlADIORK North Gateway Monument French Valley Parkway Interchange FATIAVINFIMUIEVIDIAINE.g TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 13 ACTION MINUTES March 14, 2017 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:54 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS (none) CSD CONSENT CALENDAR 7 Approve the Action Minutes of February 28, 2017 - Approved Staff Recommendation (5-0) Director Edwards made the motion; it was seconded by Director Rahn; and electronic vote reflected approval by Directors Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 7.1 That the Board of Directors approve the Community Services District and Joint City Council/Community Services District action minutes of February 28, 2017. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:56 PM, the Community Services District meeting was formally adjourned to Tuesday, March 28, 2017, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 031417 1 Item No. 14 Approvals City Attorney Finance Director TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin L. Hawkins, Director of Community Services DATE: March 28, 2017 SUBJECT: Approve an Agreement with San Dieguito Publishers dba San Dieguito Printers for Printing of Bi -annual Guide to Leisure Activities PREPARED BY: Tracy Masters, Management Analyst RECOMMENDATION: Approve an Agreement with San Dieguito Publishers dba San Dieguito Printers for printing services to produce six (6) issues of the Community Services Department Guide to Leisure Activities over a three-year period with one two-year option for renewal. The cost of printing the guide annually is as follows_ • Fiscal Year 16-17 $17,339, plus a 10% contingency of $1,733.90 • Fiscal Year 17-18 $35,374, plus a 10% contingency of $3,537.40 • Fiscal Year 18-19 $36,786, plus a 10% contingency of $3,678.60 • Fiscal Year 19-20 $18,754, plus a 10% contingency of $1,875.40 The total is not to exceed $108,253, plus a contingency of 10% in the amount of $10,825.30 for a possible combined total of $119,078.30. BACKGROUND: The Community Services Department has been proud to provide the residents of Temecula a printed activity guide that provides information regarding the many opportunities available for leisure, cultural and educational activities offered by the Community Services Department. This brochure serves as the Department's primary marketing tool and continues to serve as an effective tool in building a sense of community through people, parks and programs. The printed guide has proven to successfully bring awareness to community offerings; which has resulted in increased participation and revenue. Therefore, a Request for Proposal was recently released through Planet Bids to inform potential printing professionals that the City of Temecula was in need of printing services to produce the Community Services Guide to Leisure Activities. The Request for Proposal was released to 28 potential qualified printing professionals. Staff received five completed proposals from the following firms: • 'Color • San Dieguito Publishers • Transit Media Group • Robinson Printing • Pacific Graphics Based upon vendor qualifications, overall lowest cost, previous experience with the City of Temecula, and sound references, staff is recommending award of contract to San Dieguito Publishers dba San Dieguito Printers. FISCAL IMPACT: The $17,339, needed for the remainder of Fiscal Year 2016-17 is available in the Community Services District operating budget The future year funding will be requested through the annual budget process. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SAN DIEGUITO PUBLISHERS dba SAN DIEGUITO PRINTERS PRINTING SERVICES — ACTIVITY GUIDE THIS AGREEMENT is made and effective as of March 28, 2017, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and San Dieguito Publishers dba San Dieguito Printers, 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 March 28, 2017, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 31, 2019, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one additional two year term. In no event shall the contract be extended beyond December 31, 2021. 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, experiences, 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 Eight Thousand Two Hundred Fifty Three Dollars and No Cents ($108,253.00) plus a 10% contingency of $10,825.30 for a total agreement amount not to exceed One Hundred Nineteen Thousand Seventy Eight Dollars and Thirty Cents ($119,078.30) 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. The General Manager may approve additional work up to ten percent (10%) of the amount of the Agreement as approved by the District. Any additional work in excess of this amount shall be approved by the the District. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the 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. broad as: Minimum Scope of Insurance. Coverage shall be at least 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 as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City 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: To Consultant: 14. ASSIGNMENT City of Temecula Attn: General Manager 41000 Main Street Temecula, CA 92590 San Dieguito Publishers dba San Dieguito Printers Attn: Chris Baker 1880 Diamond Street San Marcos, CA 92078 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 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 SAN DIEGUITO PUBLISHERS dba SAN DISTRICT DIEGUITO PRINTERS By: By: Jeff Comerchero, TCSD President Richard Lapham, President ATTEST: By: By: Randi Johl, Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Chris Lapham. Vice President San Dieguito Publishers Attn: Chris Baker 1880 Diamond Street Phone: (760) 593-5139 Fax: (760) 744-5811 chrisbsd-print.com PM Initials Date: EXHIBIT A Specifications and Scope of Work The purpose of this project is to provide the City of Temecula with a professional Activity Brochure. It is envisioned that the end result of this project will be used to inform the general public of all leisure, sports, special events, social and cultural activities and services available through the Community Services Department. SPECIFICATIONS 1. Vendor will supply City staff with a production schedule. Vendor will guarantee the brochure is prepared by the deadline and delivered to the local post office for distribution for mailing by the dates specified. 2. Vendor will submit a high resolution proof for approval, as needed, to the Community Services Department prior to printing. Any final printing of the brochure without a final approval from authorized Community Services staff will result in non- payment. The City recognizes its role in certifying the accuracy of the publication. The Vendor shall be responsible for guaranteeing the accuracy of the publication from receipt of the approved final proof to the printing press. 3. Vendor will be responsible for the printing and production of a full color (4/4) on 701b. coated book bound paper guide. Printed guide will be either 48, 52, or 56 pages, as determined in advance by the Community Services Department. 4. A minimum of 38,000 printed copies of each will be required for distribution. 5. Vendor shall produce a total of six (6) issues of the City of Temecula Guide to Leisure Activities over a three (3) year term. 6. Vendor will provide the City with a current mailing list as specified by the Community Services Department for approval. 7. Vendor will divide brochures by postal route as per Temecula Post Office specifications, label and deliver to the Temecula U.S. Post Office for bulk direct mail for delivery. Remaining brochures will be delivered to the Community Services Department office located at 41000 Main Street, Temecula, CA, 92590. EXHIBIT B Payment Rates and Schedule Total price for services and product as set forth in full shall not exceed One Hundred Eight Thousand Two Hundred Fifty Three Thousand Dollars and No Cents ($108,253.00) plus a 10% contingency of ($10,825.30) for a total agreement amount of One Hundred Nineteen Thousand Seventy Eight Dollars and Thirty Cents ($119,078.30) for the term of this agreement. Additional cost for brochures delivered to the Community Services Department 48 Page Guide (Per 1,000) $ 336.00 (Please include tax) 52 Page Guide (Per 1,000) $ 355.00 (Please include tax) 56 Page Guide (Per 1,000) $ 380.00 (Please include tax) Publication Date: Publication Cost 48 Page Brochure 38,000 Brochures Including Sales Tax Publication Cost 52 Page Brochure 38,000 Brochures Including Sales Tax Publication Cost 56 Page Brochure 38,000 Brochures Including Sales Tax 2017 1 April 2017 $ 15, 301.00 $ 16, 903.00 $ 17, 339.00 2 October 2017 $ 15,301.00 $ 16,903.00 $ 17,339.00 2018 3 April 2018 $ 15, 913.00 $ 17, 579.00 $ 18, 032.00 4 October 2018 $ 15,913.00 $ 17,579.00 $ 18,032.00 2019 5 April2019 $ 16,549.00 $ 18,282.00 $ 18,754.00 6 October 2019 $ 16,549.00 $ 18,282.00 $ 18,754.00 Additional cost for brochures delivered to the Community Services Department 48 Page Guide (Per 1,000) $ 336.00 (Please include tax) 52 Page Guide (Per 1,000) $ 355.00 (Please include tax) 56 Page Guide (Per 1,000) $ 380.00 (Please include tax) CITY COUNCIL BUSINESS Item No. 15 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: March 28, 2017 SUBJECT: Receive a Presentation from the City Manager's Office Regarding the Grant Research Engagement and Application Team (GREAT) and Western Riverside Council of Governments Beyond Grant Funding for Fiscal Year 2017-18 PREPARED BY: Charles Walker, Economic Development Analyst RECOMMENDATION: That the City Council receive a presentation from the City Manager's Office regarding the GREAT Team and Western Riverside Council of Governments (WRCOG) Beyond Grant funding for fiscal year 2017-18. BACKGROUND: The City Manager's Office established the GREAT Team in 2015, this team of employees represents their departments while working together exploring grant opportunities that the City is eligible for. The presentation will provide insight to the team and what they have accomplished. WRCOG recently provided the City with details on the grant funding that will be awarded in fiscal year 2017-18, this presentation will also include the details on that funding along with the departments and programs that will benefit from it. FISCAL IMPACT: None ATTACHMENTS: None DEPARTMENT REPORTS Item No. 16 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Community Development Director DATE: March 28, 2017 SUBJECT: Community Development Department Monthly Report PREPARED BY: Lynn Kelly -Lehner, Principal Management Analyst RECOMMENDATION: Receive and file. The following are the highlights for the Community Development Department for the month of February 2017. CURRENT PLANNING ACTIVITIES New Cases: In February 2017, Planning received 32 new applications, including 3 pre -applications, and conducted 1 Public Hearing. A detailed account of current planning activities is attached to this report. Town Square Market Place: On January 13, 2015, City Council entered into an Exclusive Negotiating Agreement (ENA) with Truax Development to negotiate the development of the two, Successor Agency owned, vacant lots in front of the Civic Center, flanking the Town Square Park on the north and south sides of Main Street. A Disposition and Development Agreement was approved by City Council on December 13, 2016. On February 16, 2017, staff received a Development Plan application for the Town Square Market Place. The project will feature 2 three story shell buildings with basements. Each building will total 38,863 square feet. Anticipated uses include retail, food vendors, restaurants, and breweries. (JONES) Old Town Boutique Hotel: On February 18, 2016, staff received an application for a Development Plan to construct a five -story, 155,630 square foot hotel. The 151 room hotel will extend the entire length of 3rd Street between Old Town Front Street and Mercedes. A six -story parking structure for hotel valet parking will be located directly across 3rd Street. Amenities include restaurant and retail space, meeting and banquet rooms, and a pool. A Supplemental Environmental Impact Report is being prepared by ESA. The Old Town Local Review Board reviewed the project on February 13, 2017. (JONES) Cypress Ridge: On December 21, 2015, staff received an application for a Development Plan to construct 245 market rate residential units in the form of duplex, triplex, attached and detached cluster units. The project will be located on the northeast corner of Pechanga Parkway and Loma Linda Road. The project also includes a Tentative Tract Map (for condo purposes), Zone Change/Planned Development Overlay, and General Plan Amendment. A fiscal impact analysis (FIA) and Environmental Impact Report (EIR) are underway. The applicant is proposing to provide landscaping along Pechanga Parkway north of the project site and upgrade Pala Park to include amenities and play equipment for special needs. (JONES) Audi Dealership: On February 18, 2015, staff received a pre- application for a 37,000 square foot Audi dealership to be located on Temecula Center Drive, adjacent to 1-15 and south of the existing Mercedes-Benz of Temecula dealership. A Development Plan application was filed for the project on April 6, 2015. A Supplemental EIR was available for public review from July 20, through September 8, 2015. The Planning Commission approved Audi on October 21, 2015. Construction began on April 26, 2016, and is anticipated to be completed in March 2017. (FISK) Altair Specific Plan: On November 12, 2013, City Council approved an Entitlement Processing Agreement with Ambient Communities (Developer) to process extensive land use entitlements for the 270 acre property located west of Old Town including General Plan Amendment, Specific Plan, Subdivision Maps, Development Agreement, and EIR. Ambient Communities is proposing a mixed-use development comprised of residential single-family and multi -family units, as well as retail/commercial, open space, and institutional uses. Keyser Marston Associates has prepared a fiscal impact analysis for the project. Staff is working through environmental issues associated with the MSHCP and wildlife corridors and negotiating a Development Agreement. A Draft Environmental Impact Report (EIR), prepared by ESA, was circulated, and the comment period ended on June 17, 2016. A Planning Commission workshop was held on June 6, 2016, and a City Council Workshop was held on July 28, 2016. A second City Council Workshop was held on September 27, 2016. Staff is working on the EIR response to written comments, and details in the Development Agreement. In addition, the City Council discussed options for the Civic Site on February 14, 2017, and directed Staff to evaluate a less - intensive use to include a nature center and hiking trails in the EIR. Staff anticipates taking the project to the City Council during the Summer of 2017. (PETERS) Temecula Creek Inn (TCI) Specific Plan: JC Resorts is proposing a General Plan Amendment, Specific Plan, Tentative Tract Map, and Development Plan for a hotel expansion at Temecula Creek Inn. This project also includes a Fiscal Impact Analysis to evaluate the project's potential impacts on the City's General Fund. Since 2008, the Developer has modified the site plan and project description to address concerns regarding site layout, number of units, traffic impacts, cultural resources, potential Development Agreement, and timing of the hotel expansion. As a result of the changes, the applicant completed a pre -application to make a final determination on the site plan and project description. The final project description includes 385 single-family dwelling units, reducing the current 27 -hole golf course to an 18 -hole golf course, on 305 acres located on Rainbow Canyon Road. The Specific Plan proposes five Planning Areas: Planning Area 1 includes an expansion of the existing hotel by 99 rooms from 128 to 227 guest rooms, and the addition of a spa and banquet facilities totaling 153,837 square feet. Planning Areas 2-4 accommodate the 385 single family homes. Planning Area 5 consists of the golf course. Staff is reviewing a draft fiscal impact analysis. A TCI Subcommittee meeting was held on February 14, 2017. The applicant is working with Staff to address issues regarding traffic impacts, extraordinary public benefits, and biological impacts associated with a wildlife corridor. (PETERS) LONG RANGE PLANNING Waves to Wineries: Staff is working with the National Park Service and multiple agencies on the Waves to Wineries Trail Project (W2W). The purpose of this plan is to unite Temecula wine country with the Pacific Coast by identifying a network of trails from the City of Temecula, along the Santa Margarita River corridor and eventually to the ocean. The goal is to identify existing trails, identify the gaps necessary to connect them, develop a strategy to fill in the missing links, and implement the strategy. (PETERS) Uptown Temecula Specific Plan: The Uptown Temecula Specific Plan 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. The Specific Plan is based upon the eight visioning recommendations of the community and as directed by the Jefferson Corridor Ad Hoc Subcommittee. The Specific Plan was adopted by the City Council along with the certification of the Final EIR on November 17, 2015. Staff is developing the scope of work for the Request for Proposal for the Streetscape Beautification Plan for the Specific Plan area. (WEST) SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY (SARDA) & AFFORDABLE HOUSING Affordable Housing RFP: The Supportive Housing Subcommittee, formerly Council Members Naggar and Washington, directed staff to issue an RFP to solicit project proposals from interested developers for the construction of an affordable housing development. In late 2015, the Successor Agency obtained clearance from the Department of Finance on the remaining affordable housing dollars that had been previously "frozen" within the Affordable Housing Fund, gaining discretion on $12.4 million of affordable housing funds. In conjunction with the current Supportive Housing Subcommittee, now consisting of Council Mayor Pro Tem Rahn and Council Member Naggar, staff issued an RFP to solicit development proposals that address one or more of the following housing needs: seniors, veterans, special needs, transitional, or supportive. The RFP includes potential City -owned parcels that can be considered for development, but proposals will not be limited to City -owned properties. Projects are encouraged to integrate a mix of uses, as well as market -rate units into projects. The City received 20 proposals from interested developers. Keyser Marston Associates, who assisted in the development of the pro forma templates utilized in the RFP, assisted staff in the review and analysis of the proposals. Staff presented the proposals to the Supportive Housing Subcommittee on February 28, 2017. (WATSON, LEHNER) Affordable Housing Overlay and Density Bonus Ordinance: The City Council adopted the 2014-2021 General Plan Housing Element Update on January 28, 2014, and the City received certification from the State Department of Housing and Community Development (HCD) on March 10, 2014. A project processing schedule has been prepared for the Affordable Housing Overlay and Density Bonus Ordinances as required by Programs 1 and 4 of the Housing Element. The Code Amendment will also encompass land use updates as required by Program 3 of the Housing Element. The project is in the initial planning phase. Staff is currently conducting research and anticipates completing the ordinance for adoption in 2017. (WEST) Recognized Obligation Payment Schedule: As part of the ongoing wind -down of the former Temecula Redevelopment Agency, the Successor Agency (SARDA) is required to complete a Recognized Obligation Payment Schedule (ROPS) outlining the financial and debt obligations of the former Redevelopment Agency. Based on the outstanding obligations that are due, SARDA makes requests from the Property Tax Trust Fund to make the appropriate payments. On January 24, 2017, the 2017-18 ROPS was approved by SARDA Executive Board for approval, and subsequently SARDA Oversight Board on January 25, prior to the state deadline of February 1, 2017. (WATSON, LEHNER) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CDBG Consolidated Plan and Assessment of Fair Housing: Every five years, the City, as an Entitlement City, is required to prepare an updated Consolidated Plan (ConPlan) and Assessment of Fair Housing (AFH). The ConPlan and AFH process is designed to help local jurisdictions assess their affordable housing and community development needs. The City entered into an agreement with MDG Associates on January 26, 2016 for preparation of the ConPlan. Three public workshops were held in conjunction with this process — two on June 29, 2016, and a third on July 30, 2016. A survey was created to assess resident and stakeholder input regarding fair housing. The public had the opportunity to review the AFH for 30 days from August 27 through September 27, 2016. The City Council approved the Assessment of Fair Housing on September 27, and it was submitted to HUD for review on October 3. On February 28, 2017, staff presented the draft strategic plan priority needs to the Finance Subcommittee for review and recommendation. Staff will present the Consolidated Plan to the entire City Council on April 25, 2017. The Consolidated Plan is due to HUD May 17, 2017 and becomes effective July 1, 2017 and will cover through June 30, 2022. (LEHNER) CDBG Administration: The City will receive $515,688 in CDBG grant funding for Fiscal Year 2016-17. City Council approved the Annual Action Plan on April 26, 2016 and staff submitted the plan to HUD. Funding will be allocated to nine non-profit service providers including the Fair Housing Council of Riverside County, Assistance League of Temecula Valley, Safe Alternatives for Everyone, Senior Citizens Service Center, VNW Circle of Care, TEAM Pantry, Community Mission of Hope, Michelle's Place and Canine Support Teams. Capital Improvement Project (CIP) funding was allocated to Habitat for Humanity, Sam Hicks Park, Rotary Park, and Old Town Sidewalks. The City anticipates receiving approximately $515,000 in CDBG funding for Fiscal Year 2017- 18. Staff held two community and technical workshops for applicants on November 30, 2016. The application period for the 2017-18 fiscal year was open from November 16 through December 15, 2016. Staff reviewed 14 applications for public service providers and four for CIP projects. Staff presented the applications to the Finance Subcommittee for recommendations on February 28, 2017 and will present to the entire City Council on April 25, 2017. (LEHNER) ENERGY & CONSERVATION Western Riverside Energy Leadership Partnership: This Partnership, consisting of eleven Western Riverside Council of Government (WRCOG) member cities, Southern California Edison, and Southern California Gas, provides incentives to develop energy efficiency programs. Staff is currently working with NRG EV Services to install an electric vehicle charging station in the 6th Street Parking Lot. The charging station will complement the existing charging stations in the 6th Street Parking Lot and the Civic Center Parking Garage, by adding fast charging capabilities allowing drivers to add 50 miles of range in 15 minutes. (WEST) Solid Waste and Recycling Program: Staff manages the City's Solid Waste and Recycling Agreement with CR&R and acts as a liaison between the City, CR&R, and their customers. City staff and CR&R coordinate two Citywide Clean-up events each year for residents to dispose of household waste and large miscellaneous items that do not fit into the standard residential trash receptacle. The Spring Citywide Clean-up is scheduled for May 13, 2017 at Chaparral High School. Staff also assists with outreach for the Riverside County Mobile Household Hazardous Waste Collection events and the Backyard Composting Workshops. The next Riverside County Mobile Household Hazardous Waste Collection event is scheduled for March 18, 2017 at Murrieta City Hall Parking Lot. (WEST) BUILDING & SAFETY Building and Safety statistics for February 2017 are highlighted below. Building and Safety Statistics — February 2017 Permits 214 Single Family Residential Units 9 Multi -Family Residential Units 30 Photovoltaic 39 Tenant Improvements 17 Non Construction C of 0 23 Inspections 1,287 Inspections Per Day 64.35 Inspections Per Person Per Day 16.08 Visitors to Counter 772 Tenant Improvements People's Care — 37496 Commerce Center Drive I Love Kick Boxing — 41269 Margarita Road Da Coconut Cate— 31333 Temecula Parkway Century 21 — 29400 Rancho California Road Non -Construction Certificate of Occupancy Toast Restaurant— 31093 Temecula Parkway Great Panda Oriental Cuisine — 31940 Temecula Parkway Quest Diagnostics — 31150 Temecula Parkway CODE ENFORCEMENT During the month of February, Code Enforcement responded to 60 web complaints. In addition, the division opened 74 code cases and forwarded 20 referrals to Public Works, Police, Animal Control, and Fire. Code Enforcement assisted 25 people at the Community Development Counter. Detailed Code Enforcement case activity can be found in the following chart: Type of Code Case Total Abandoned or Inoperable Vehicle 4 Vacant Home / Property Maintenance / Rodent/ Mold 7 Business or Home Occupation w/o license/CUP 7 Trash and Debris / Dumping 9 Overgrown Vegetation / Weeds / Fire Hazard 2 Green Pool / Vector Control 2 Graffiti 12 Noise/Nuisance/Animal Control 1 Trailer / RV Stored/Boat/Parking 3 Construction w/o Permit/Building Code 4 Encroach Public ROW / Trash Cans 2 Other / Homeless Encampment 0 Signs Pulled - Violations 15 Public Safety & Health 6 Total Number of Cases 74 Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties. The following charts demonstrate the past six months of activities in Temecula. Residential Foreclosure Tracking Commercial Foreclosure Tracking September October November December January February 2016 2016 2016 2016 2017 2017 DEFAULT 74 81 85 80 78 88 FORECLOSED 56 60 63 67 69 61 REO 61 61 55 78 71 67 TOTALS 191 202 203 225 218 216 Commercial Foreclosure Tracking ATTACHMENT: Current Planning Activity Report September October November December January February 2016 2016 2016 2016 2017 2017 DEFAULT 0 0 0 0 0 0 FORECLOSED 0 0 0 0 0 0 REO 12 13 13 13 12 12 TOTALS 11 12 13 13 12 12 ATTACHMENT: Current Planning Activity Report PLANNING ACTIVITY REPORT Assigned Planner PA Number Project Name APN Apply Date Approval Date Applicant Business Company Name Phone Owner Status PA17-0212 921-773-001 Scott Cooper Case Title / Description: J N A Home Solutions (Home Occupation) 02/01/2017 02/01/2017 Jai Singh Dhillon Approved PA17-0214 955-211-018 Scott Cooper 02/01/2017 02/01/2017 Blanca Martinez Approved Case Title / Description: My Restored Tiara (Home Occupation) PA17-0221 922-033-009 Scott Cooper 02/01/2017 02/27/2017 Willem Steyn (951) 217-7355 Crush & Brew Approved Case Title / Description: Crush & Brew Expansion MOD: A Minor Modification for Crush & Brew changes to the elevations including removing railings, adding planter boxes, wood posts and guardrails, two roll -up doors, 3 bi-folding 4 -panel doors, and new main door and a wall mount door treatment located at 28544 Old Town Front St. PA17-0223 920-194-009 Eric Jones Case Title / Description: GT Locksmith (Home Occupation) 02/02/2017 02/02/2017 Guy Gilboa (909) 223-0755 Justin Evans Approved PA17-0224 962-330-036 Eric Jones Case Title / Description: Ping Industries, LLC (Home Occupation) 02/02/2017 02/02/2017 Amber Pingree Approved PA17-0230 955-080-004 Jaime Cardenas 02/03/2017 02/07/2017 Pamela Dimmick Case Title / Description: Celestial Content Services, LLC (Home Occupation) (951) 699-9071 Approved PA17-0233 921-060-032 Jaime Cardenas 02/03/2017 Spa Rejuv Spa Rejuv (951) 699-3131 JEAN Plan Review DOMENIGONI Case Title / Description: Massage Establishment Permit for Spa Rejuv located at 28120 Jefferson Avenue PA17-0238 962-560-015 Brandon Rabidou 02/03/2017 02/03/2017 Rafeek Hamada Approved Case Title / Description: New Fads, Inc. (Home Occupation) PA17-0240 02/03/2017 Adolfo Garcia Plan Review Case Title / Description: AG Automotive Mechanic (Home Occupation) Page 1 of 10 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA17-0241 962-371-012 Jaime Cardenas 02/06/2017 02/06/2017 Christopher Approved Hurlong Case Title / Description: Study Builders, LLC (Home Occupation) PA17-0242 Scott Cooper 02/06/2017 Case Title / Description: Mobilitie Transport Network CUP: A Master Conditional Use Permit for Mobilitie to install 12 utility poles (one transport pole, nine small cell poles, and two small cell replacement poles) ranging in height and materials within the right-of-way. Robert Lewis (951) 212-5825 Out PA 17-0243 910-470-015 Jaime Cardenas 02/06/2017 Case Title / Description: Compassion Experience TUP; a Major Temporary Use Permit to allow for an immersive experience from mobile exhibit that educates the public on poverty. The project will be located at 40426 Winchester Road and the hours of operation will be February 17-20, 2017, 11 a.m. to 7 p.m. KiYong Kim (562) 298-6051 Inland Western Cancelled Temecula Commons LLC PA17-0245 962-490-025 Jaime Cardenas 02/06/2017 02/06/2017 Ying Wang Case Title / Description: Green Life Consulting (Home Occupation) (951) 729-9828 Approved PA 17-0246 959-281-044 Jaime Cardenas 02/06/2017 02/06/2017 Jeni Eskharia Approved Case Title / Description: Jeni Eskharia's My 3 Angels (Home Occupation) PA17-0249 918-311-007 Jaime Cardenas 02/06/2017 02/23/2017 CYNTHIA M Approved PALMER Case Title / Description: Aloha Taxi (Home Occupation) PA17-0251 920-022-004 Jaime Cardenas 02/06/2017 02/06/2017 Mark Harrison Approved Case Title / Description: Honor K9 (Home Occupation) PA17-0254 922-130-019 Eric Jones 02/07/2017 02/28/2017 Erik Keeling Case Title / Description: Rancho Baptist Church Minor Modification (Planning Review Only): A Minor Modification (Planning Review Only) to allow for landscape revisions to the previously approved landscape plan. Revisions will include the addition of 14 Crepe Myrtle trees. The project is located 29775 Santiago Road. (951) 903-3284 RANCHO Approved BAPTIST CHURCH Page 2 of 10 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA17-0255 921-020-085 Brandon Rabidou 02/07/2017 03/14/2017 Warren Tong Case Title / Description: Rancho California Business Park MOD: A Minor Modification (Planning Review Only) for a drought tolerant landscape retrofit for the existing Rancho California Business Park Association (for POA maintained landscaped areas along Business Park Drive, Single Oak Drive and portions of Rancho California Road/Diaz Road) (714) 838-8981 Rancho Approved California Business Park Association PA17-0257 921-320-053 Scott Cooper 02/07/2017 Jennifer Steen (714) 705-1340 Dayton Hudson Out Corp. Case Title / Description: Target Major Mod: A Major Modification to an existing Target that includes a 11,508 square foot expansion of the enclosed area of the store, extensive exterior remodeling (paint, design elements, and entry elements) at 29676 Rancho California Road (PR16-1325) PA17-0261 920-080-003 Brandon Rabidou 02/07/2017 Case Title / Description: 99 Cent Store PC or N: A Public Convenience or Necessity Application for 99 Cent Only Store to obtain a Type 20 ABC (Off Sale Beer and Wine) license at 40355 Winchester Road Steve Rawlings (951) 667-5152 DMP Out TEMECULA PA17-0266 910-470-015 Jaime Cardenas 02/08/2017 02/16/2017 KiYong Kim Case Title / Description: Compassion Experience TUP: A Major Temporary Use Permit to allow for an immersive experience from mobile exhibit that educates the public on poverty. The project will be located at 40426 Winchester Road and the hours of operation will be February 17-20, 2017, 11 a.m. to 7 p.m. (562) 298-6051 Inland Western Approved Temecula Commons LLC PA17-0268 953-290-041 Jaime Cardenas 02/08/2017 03/03/2017 Sara Nieves Case Title / Description: Sara Nieves Housekeeping (Home Occupation) (951) 239-8629 Approved PA17-0269 962-081-042 Jaime Cardenas 02/08/2017 02/13/2017 Karin Formy Duval Case Title / Description: Heart Of The Valley Designs (Home Occupation) (951) 303-3922 Approved Page 3 of 10 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA17-0270 944-330-021 Brandon Rabidou 02/08/2017 02/15/2017 Gaylond Condict Svetlana Approved Waisman Case Title / Description: Embassy Suites Storage Shed: A Planning Application (Planning Review Only) to allow for Embassy Suites to install a 10' x 12' storage shed (120 SF) at the existing Embassy Suites located at 29345 Rancho California Road PA17-0273 910-300-018 Brandon Rabidou 02/09/2017 03/06/2017 Tiffany Del Gatto Western Sign & (760) 736-6073 Chase Bank Approved Awning Case Title / Description: Palm Plaza Sign Program MOD: A minor modification (planning review only) to amend the Palm Plaza Sign Program. PA17-0275 957-751-013 Jaime Cardenas 02/09/2017 02/09/2017 Nadine LeVier ALICE MORRIS Case Title / Description: Simple Tees (Home Occupation) Approved PA17-0277 960-082-017 Jaime Cardenas 02/09/2017 Arlene Bourbaonnais Case Title / Description: The Garden of Tomorrow (Home Occupation) Plan Review PA17-0283 919-350-018 Brandon Rabidou 02/09/2017 Jeremiah (951) 817-3680 Lennar Homes Plan Review Acayturri of California, Inc. Case Title / Description: Arbor Vista TUP: A Temporary Use Permit to allow for Arbor Vista to install a temporary construction trailer at Tract Map 36479 PA17-0285 922-284-002 Jaime Cardenas 02/09/2017 02/09/2017 Randy Wood Approved Case Title / Description: Signature Inspections Randy Wood (Home Occupation) PA17-0286 921-311-033 Jaime Cardenas 02/10/2017 Case Title / Description: Squeegee Clean Services, LLC (Home Occupation) Zorin Veres Plan Review PA17-0287 962-162-013 Jaime Cardenas 02/10/2017 02/10/2017 Ashley Horschel Approved Case Title / Description: Horschel Precision Engraving (Home Occupation) PA17-0290 909-270-047 Jaime Cardenas 02/10/2017 Case Title / Description: Oasis Spa Massage Establishment Permit: A Massage Establishment Permit for Oasis Spa Massage located at 27365 Jefferson Ave., Suite K. Xiaoling Hu (626) 715-8228 JEFFERSON Plan Review AVENUE TEMECULA Page 4 of 10 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA17-0292 910-420-030 Jaime Cardenas 02/10/2017 Case Title / Description: Circus Vargas Major Temporary Use Permit: A Major Temporary Use Permit to allow a circus to be held at the Promenade Mall parking lot from March 14, 2017 to March 27, 2017. Angela Quevedo (281) 570-5758 TEMECULA TOWNE CENTER ASSOC Plan Review PA17-0299 920-073-006 Brandon Rabidou 02/14/2017 02/14/2017 Harold Hoy Approved Case Title / Description: Harold Hoy General Contractor (Home Occupation) PA17-0301 921-700-016 Jaime Cardenas 02/14/2017 Case Title / Description: Bob and Gary's Field Fresh Strawberry's Major Temporary Use Permit: a Temporary Use Permit to allow a strawberry stand to be located at 30680 Rancho California Road. The stand will be open from March 1 through August 31, 2017 from 7 a.m. to 7 p.m. Gary Craig (951) 691-2921 PK I PALOMAR VILLAGE Plan Review PA17-0302 961-450-006 Jaime Cardenas 02/14/2017 Gang Li (626) 274-6862 HIGHWAY Plan Review DESERT Case Title / Description: Bon Relax Spa Massage Renewal: A Massage Renewal Permit for Bon Relax Spa located at 31213 Temecula Parkway #105 PA17-0303 959-060-007 Brandon Rabidou 02/15/2017 Case Title / Description: Halcon Rojo Sign Program Amend: A Minor Modification (Planning Review Only) to allow a sign program amendment to the existing Halcon Rojo located at 31170 Temecula Parkway and 31150 Temecula Parkway Incha Lockhart (951) 907-1700 Makena Out Medical Builings PA17-0313 960-330-017 Jaime Cardenas 02/15/2017 02/15/2017 Maria Vasquez Approved Case Title / Description: iCare (Home Occupation) PA17-0314 961-332-012 Jaime Cardenas 02/15/2017 02/15/2017 Tina Norton Approved Case Title / Description: TNHealthy (Home Occupation) PA17-0317 961-440-016 Scott Cooper 02/16/2017 Greg Hann (951) 809-7601 Mark Kooklani Plan Review Case Title / Description: Pechanga Square CUP: A Conditional Use Permit for a gasoline service station and for a Type 20 ABC License for off -sale beer and wine located on the southwest corner of Pechanga Parkway and Temecula Parkway. Page 5 of 10 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA17-0318 961-440-016 Scott Cooper 02/16/2017 Greg Hann (951) 809-7601 Mark Kooklani Plan Review Case Title / Description: Pechanga Square DP: A Development Plan Application for a 4,800 square foot convenience store and gasoline service station located on the southwest corner of Temecula Parkway and Pechanga Parkway. (PR16-0298) PA17-0319 909-251-006 Brandon Rabidou 02/16/2017 03/03/2017 Payman Rouhani Case Title / Description: Empire Auto LLC TUP: A Temporary Use Permit to allow Empire Auto to operate an indoor car sales facility at 42143 Avenida Alvarado (Suite Al) Hecht Family Approved LTD Partnership PA17-0320 909-251-006 Brandon Rabidou 02/16/2017 Payman Rouhani Hecht Family Plan Review LTD Partnership Case Title / Description: Empire Auto LLC: A Conditional Use Permit to allow for indoor auto sales to be located at 42143 Avenida Alvarado PA17-0323 919-350-017 Brandon Rabidou 02/16/2017 Jarnne' Gardner Lennar Homes Out (Valdez) of California, Inc. Case Title / Description: Arbor Vista Major Mod: A Major Modification to the previous Home Product Review for Arbor Vista to update the architecture and plan mix (2 single -story plans and 2 two-story plans) for Tract 36479 located at the intersection of Nicolas Road and Via Lobo PA17-0324 922-360-005 Eric Jones 02/16/2017 Joe Holasek (619) 297-8066 City of Out Temecula Case Title / Description: Town Square Marketplace Development Plan: A Development Plan to allow for the construction of an approximately 77,726 square foot commercial center comprised of two 3 story buildings with basements. The project is generally located on either side of the Town Square on Main Street adjacent to the Civic Center (APN 922-360-005, 004, 006, and 007). PA17-0328 916-400-043 Scott Cooper 02/16/2017 Greyson Zehnder (760) 602-5840 Harveston SAB Plan Review Case Title / Description: WESTliving at Harveston DP: A Development Plan for WESTliving to develop at 512,000 square foot congregate care facility in a campus like environment developed in 3 Phases located at the southwest corner of Date Street and Ynez Road. PA17-0331 921-290-004 Jaime Cardenas 02/16/2017 Golden Marqueses Case Title / Description: RX Fleet (Home Occupation) Plan Review Page 6 of 10 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA17-0332 921-480-058 Jaime Cardenas 02/17/2017 Case Title / Description: Lavender Massage Establishment Renewal: A Massage Establishment Permit Renewal for Lavender Massage to operate a massage establishment at 27645 Jefferson Ave Suite 104B Qirong Liu Stan Robbins Plan Review PA17-0333 921-471-032 Jaime Cardenas 02/17/2017 02/17/2017 Rayna Mann Case Title / Description: Furthermore (Home Occupation) (951) 551-6129 TIMOTHY Approved MANN PA17-0340 965-121-017 Dale West Case Title / Description: Zuko Steel Reinforcing Inc. (Home Occupation) 02/21/2017 02/21/2017 Leann Emery Approved PA17-0343 954-072-008 Jaime Cardenas 02/21/2017 02/21/2017 GregoryAmorosa Approved Case Title / Description: Renovation Pros (Home Occuapation) PA17-0348 953-150-036 Jaime Cardenas 02/22/2017 03/09/2017 Mark Margolin Case Title / Description: Final Copy Group Inc (Home Occupation) (951) 587-9002 Approved PA17-0350 910-470-002 Jaime Cardenas 02/22/2017 Inland Western Inland Western (714) 689-6732 Inland Western Corrections Temecula Temecula Temecula Commons LLC Commons LLC Commons LLC Case Title / Description: The Commons MOD: A Minor Modification (Planning Review Only) to modify the facade for an additional entry and sign program to the west elevation for The Commons at Temecula for the property located at 40432 Winchester Road. PA17-0352 961-451-093 Jaime Cardenas 02/22/2017 03/09/2017 Lynn McKinnie Approved Case Title / Description: Simply Detailed Bookkeeping Service (Home Occupation) PA17-0353 922-180-012 Jaime Cardenas 02/22/2017 Jennifer Joseph (714) 882-0115 Clinton Albao Plan Review Case Title / Description: Jenna Joseph Photography ( Home Occupation ) PA17-0354 921-551-019 Jaime Cardenas 02/22/2017 02/24/2017 Diane Barr Case Title / Description: Paws-itive Puppy/Dog Training (Home Occupation) (951) 587-3979 Approved Page 7 of 10 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PA17-0356 957-742-009 Jaime Cardenas 02/22/2017 02/22/2017 Jennifer White Approved Case Title / Description: NSI (Home Occupation) PA17-0357 921-280-006 Jaime Cardenas 02/23/2017 Tom Roney (951) 698-3797 Eduardo Morel Plan Review Case Title / Description: Temecula Dance Company Solar Rooftop: A modification application (planning review only) for the Temecula Dance Company building located at 28404 Felix Valdez Avenue install 18 roof -mounted solar modules. PA17-0359 961-051-036 Jaime Cardenas 02/23/2017 02/23/2017 Megan Cameron Approved Case Title / Description: Rosalie Claire Designs (Home Occupation) PA17-0365 944-191-009 Dale West Case Title / Description: The Temecula Doll House, LLC (Home Occupation) 02/23/2017 02/23/2017 PETER L Approved HERMOSILLO PA17-0367 944-290-021 Jaime Cardenas 02/23/2017 02/23/2017 Lisa Berck Case Title / Description: Lisa Berck (Home Occupation) (951) 302-5820 Approved PA17-0368 944-290-021 Jaime Cardenas 02/23/2017 02/23/2017 Lisa Berck Case Title / Description: Lisa Berck Designs (Home Occupation) (951) 302-5820 Approved PA17-0369 909-370-045 Brandon Rabidou 02/23/2017 FFF Enterprises, FFF Enterprises, (951) 296-2500 MEDLINE Out Inc Inc ext 1108 INDUSTRIES INC Case Title / Description: FFF Enterprise MOD: A Minor Modification (Planning Review Only) for FFF Enterprise to add above grade level ramp and roll -up door to an existing building located at 42500 Winchester Road PA 17-0376 909-370-047 Scott Cooper 02/24/2017 03/08/2017 Dave Wakefield Diamond (951) 208-4288 ZEVO DRIVE Approved Construction HOLDINGS Case Title / Description: Zevo Industrial Buildings MOD: A Minor Modification (Planning Review Only) to allow for a drive aisle realignment and a revised security date for a recently approved industrial structure located at 42000 Zevo Drive. PA 17-0377 955-272-016 Jaime Cardenas 02/24/2017 Case Title / Description: Kramer Plumbing (Home Occupation) Wayne Kramer (951) 294-3406 Plan Review Page 8 of 10 Assigned Planner PA Number Project Name APN Apply Date Approval Business Date Applicant Company Name Phone Owner Status PA17-0378 Jaime Cardenas 02/24/2017 02/24/2017 Farid Dost Approved Case Title / Description: Dost Engineering (Home Occupation) PA17-0379 945-080-019 Jaime Cardenas 02/27/2017 02/27/2017 DANIEL Approved KRUEGER Case Title / Description: DK Quality Construction Inc. (Home Occupation) PA17-0382 966-180-031 Jaime Cardenas 02/27/2017 02/27/2017 Esmat Shams Case Title / Description: Universal Auto Dealer (Home Occupation) (818) 442-4022 Approved PA17-0383 966-180-031 Jaime Cardenas 02/27/2017 02/27/2017 Esmat Shams Case Title / Description: Masih Sami Limited (Home Occupation) (818) 442-4022 Approved PA17-0386 960-291-018 Brandon Rabidou 02/27/2017 02/27/2017 Jason Claybaugh Case Title / Description: Homestead Microgreens (Home Occupation) (951) 303-4622 Approved PA17-0390 918-381-016 Jaime Cardenas 02/27/2017 Chantel Cagle (909) 390-0555 Daniel Wysocki Plan Review Case Title / Description: Wysocki Residence Mod: A Minor Modification (Planning Review Only) to add a 242 square foot California/Sun Room addition to the rear of an existing property located at 30787 Loma Linda Road PA17-0392 957-722-019 Jaime Cardenas 02/27/2017 03/09/2017 Jennifer Young Approved Case Title / Description: Pacific Clear Pool And Spa Inc (Home Occupation) PA17-0395 960-063-031 Jaime Cardenas 02/28/2017 02/28/2017 Xavier Nobles Approved Case Title / Description: Preneur Productions (Home Occupation) PA17-0397 959-192-009 Jaime Cardenas 02/28/2017 03/01/2017 Erin DeRusha Approved Case Title / Description: blue4designs (Home Occupation) P REAP P 17-0248 916-371-018 Brandon Rabidou 02/06/2017 Case Title / Description: Harveston Apartment Pre -app: A pre -application review for a 44 unit apartment complex with retail located on the first floor for a site located at 40135 Village Road Alex Cuevas (661) 295-1111 Kashmere Cancelled Family Trust Page 9 of 10 Assigned Planner Approval Business PA Number Project Name APN Apply Date Date Applicant Company Name Phone Owner Status PREAPP17-0291 920-110-005 Scott Cooper 02/10/2017 03/02/2017 Bernard Feig Case Title / Description: Winchester Road Development Pre -App: A Pre -Application for a 102,024 square foot Congregate Care Facility, a 14,533 square foot Daycare Facility and a 23,584 square foot Office Building located on 6.28 acres at 80134 Winchester Road. (818) 388-3865 Completed PREAPP17-0321 944-330-005 Scott Cooper 02/16/2017 03/09/2017 Ed McCoy Case Title / Description: Rancho Highlands Pre -App: A Pre -Application for a 240 unit multi -family community on 15.25 acres. The applicant is requesting a possible General Plan Amendment from PO to HDR, PDO, Development Plan, Parcel Map, and removal of the three parcels from the Rancho Highlands Specific Plan. The project is located on the northwest corner of Tierra Vista Road and Ynez Road. (858) 626-8341 Completed Page 10 of 10 Item No. 17 Approvals City Attorney Finance Director City Manager Sier- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Charlie DeHart, Fire Chief/Fire Marshall DATE: March 28, 2017 SUBJECT: Fire Department Monthly Report PREPARED BY: Wendy Miller, Administrative Assistant RECOMMENDATION: That the City Council receive and file the Fire Department Monthly Report. Riverside County Fire Department/ CAL FIRE Emergency Incident Statistics John R. Hawkins Fire Chief 3/13/2017 Report Provided By: Riverside County Fire Department Communications and Technology Division GIS Section Please refer to Map and Incident by Battalion, Station, Jurisdiction Incidents Reported for the month of February,2017 and Temecula City Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in. Page 1 of 6 Response Activity Incidents Reported for the month of February,2017 and Temecula City Com Fire False Alarm Haz Mat Medical Multi-Fam Dwelling Fire Other Fire Other Misc Public Service Assist Res Fire Rescue Standby Traffic Collision Vehicle Fire Wildland Fire ■ Com Fire 1 0.1 % Tr False Alarm 56 7.9% Haz Mat 3 0.4% ar Medical 513 72.6% • Multi-Fam Duelling Fire 2 0.3% Other Fire 4 0.6% • Other Misc 3 0.4% a Public Service Assist 35 5.0% • Res Fire 1 0.1% • Rescue 1 0.1% ■ Standby 9 1.3% Traffic Collision 77 10.9% Vehicle Fire 1 0.1% • Wldland Fire 1 0.1% Total: 707 100.0% 1 56 3 513 2 4 3 35 1 1 9 77 1 1 Incident Total: Average Enroute to Onscene Time* Enroute Time = When a unit has been acknowledged as responding. Onscene Time = When a unit has been acknowledge as being on scene. For any other statistic outside Enroute to Onscene please contact the IT Help Desk at 951-940-6900 707 <5 Minutes +5 Minutes +10 Minutes +20 Minutes Average % 0 to 5 min 485 151 11 0 3.9 73.6% The following incidents are included in the total number of records but not in the average time HZM, HZMMC, OAC, OAF, OAM, OAMAD, OAMAI, OAMTE, OAMVA, OAP, OAR, OAV, OUT, OOU, LEB, LEO, LEI, BRNPMT, OES, PAA, PAD, PAF, PAO, PAP, HFS, HFSAM, HFSCA, HSBT, HSBTC, HSBTS, HSBTV, HSE, HSG Last Updated 3/13/2017 3 `Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in. Page 2 of 6 Incidents by Battalion, Station and Jurisdiction Station Pechanga zx2 Temecula Station Total Com False Haz Mat Medical Multi -Fa Other Other Public Res Rescue Standby Traffic Vehicle Wildlan Fire Alarm m Fire Mlsc Service Fire Collisio Fire d Fire 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 1 0 0 1 :Station 12 Temecula Station 73 Rancho ,California Station 83 French 'Valley Station 84 Parkview Temecula Station Total Temecula Station Total 0 13 2 109 1 3 2 6 0 1 2 18 0 1 O 13 2 109 1 3 2 6 0 1 18 0 1 1 13 0 163 1 0 0 12 0 0 5 25 0 0 1 13 0 163 1 0 0 12 0 0 5 25 0 0 Temecula 0 0 0 11 0 0 0 0 0 0 0 2 0 0 Station Total O 0 0 11 0 0 0 0 0 0 0 2 0 0 Temecula 0 10 1 120 0 0 1 13 0 0 0 17 0 0 Station Total Station 92 Wog Temecula Creek O 10 1 120 0 0" _ 1 13 0 0 0 17 0 0 20 0 110 0 1 0 4 1 0 2 14 1 0 Station Total 10 20 0 110 0 1 0 4 1 0 2 14 1 0 _ 1-- 56 LI_.au . 56 513 35 3 513 2 4 3 35 1 1 158 158 220 220 13 13 162 162 153 153 1 9 76 1 1 706 1 9 77 1 1 707 Last Updated 3/13/2017 3 Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in. Page 3 of 6 Incidents by Jurisdiction Com Fire False Alarm Raz Mat Medical Multi -Fa Other Other m Fire M Isc Public Res Fire Rescue Standby Traffic Vehicle Wlldland Service Collision Fire Fire Temecula Grand Total Last Updated 3/13/2017 3 513 2 4 3 35 1 1 9 77 1 1 56 3 513 2 =1 -Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in. Page 4 of 6 Incidents by Supervisorial District - Summary Grand Total Com Fire False Alarm Haz Mat Medical Multi-Fam Dwelling Fire Other Fire Other Misc Public Service Assist Res Fire Rescue Standby Traffic Collision Vehicle Fire Wildland Fire Last Updated 3/13/2017 3 56 3 513 2 4 3 35 1 1 9 77 1 1 707 `Incidents are shown based on the primary response area for the incident location. This does not represent total response times for all units only the first unit in. Page 5 of 6 MONTH - 2 and YEAR - 2017 and CITYNAM E - 'Temecula' to • cl a c7i i eo Ve o°_ Y L cl Tat U 4) a °°u J 08 0 go tt up.r. 94 4'41, 0 u a o 0 ;0 jar 0 47:x Q 4 Co o•u 4) a 0 ' 1-.2,*00 00 Q 4 u Kali u0 0 .::1t. Skid luet9? Itiaa u 0 PECHANG A C Astir° 1W n R —//' w Rist. ,%///li- �r / //// 4/// i/,!'/ 7 iffr Legend 0. Fro Ho` Mot Mescal Last Updated 3/13/2017 3 Other Ili c Public Service Assists II 7 d F-1 Riven Ade Camay At. Fre Shinn Reservaficns Casinos Ili Riverside Co u tyy Fire GIS *Incidents are shown based on the primary response area for the incident location. This does not represent total response limes for all units only the first unit in. Page 6of 6 2017 City of Temecula Fire Department Emergency Response and Training Totals PUBLIC SAFETY CLASS TOTALS 2017 Class Totals Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total CPR/AED 19 6 25 FIRST AID _ 16 10 26 PEDIATRIC FIRST AID 0 0 0 HCP 0 0 0 STAFF HCP 0 0 0 CERT 1 0 _ 1 TEEN CERT 0 0_ 0 Total 36 16 0 0 0 0 0 w 0 0 0 e _ 0 0 52 INCIDENT/RESPONSE TOTALS FOR THE CITY OF TEMECULA 2017 Incident Response Totals Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total COMMERCIAL FIRE 0 1 1 FALSE ALARM 68 56 124 HAZ MAT 4 3 7 MEDICAL AID 529 513 1042 MUTI FAMILY DWELLING 0 2 2 OTHER FIRE 5 4 _ 9 OTHER MISC. 4 3 7 PSA 42 35 77 RINGING ALARM 1 1 RESIDENTIAL FIRE 2 1 3 RESCUE 1 1 2 STANDBY 14 9 23 TRAFFIC COLLISSION 69 77 146 VEHICLE FIRE 1 1 1 2 WILDLAND FIRE 1 1 2 Total 741 707 0 0 0 0 0 0 0 0 0 0 1448 FIRE DEPARTMENT CLASS TOTAL COMPARISON 2016 vs. 2017 800 700 600 500 400 300 200 100 0 4,} 36 1`c 16 71 JPS+ JPS+�- ‘-‘ 92% 44- 11Ln PQ J 95 11 �i PJC' , 4\9' Q �J 5' ■ 2016 YTD a 2017 YTD 75S c. O MONTH 2016 YTD 2017 YTD TANUARY 30 36 FEBRUARY 16 16 MARCH 71 APRIL 55 65 TUNE 49 fULY 176 AUGUST 114 SEPTEMBER 95 OCTOBER 52 NOVEMBER 35 DECEMBER 0 TOTAL TO DATE 758 52 FIRE DEPARTMENT TOTAL CALL COMPARISON 2016 vs. 2017 9000 8000 7000 6000 5000 4000 3000 2000 1000 0 JPi �JPQ, P�`� �\'- PQ <bFQ,,,, PJpJQ��� 2016 YTD 2017 YTD MONTH 2016 YTD 2017 YTD IANUARY 693 741 FEBRUARY 675 675 MARCH621 APRIL 681 MAY 702 1UNE 702 1ULY 708 AUGUST 699 5E1'1 EMBER 751 OCTOBER 744 NOVEMBER 766 DECEMBER 829 TOTAL TO DATE 8571 1416 Fire Department Temecula Battalion Fire Stations- Public Education Reporting Month: Reporting Stations: February 12, 73, 84, 92 Reporting Year: 2017 PR and Public Education Programs: Total Number of Events for Reporting Month 0 0 0 0 7 0 0 Event Type School Event Adult Education Fair/Safety Expo Display Station Tour Fire Safety Trailer Other Field Inspections: Total Number of Initial Field Inspections for Reporting Month 0 Total Number of Hours 0 0 0 0 Number of Public Contacts: 0 0 0 0 8 0 0 Total Number of Re -inspections for Reporting Month 0 218 0 0 LE -100's (Weed Abatement) Total Number of LE -100 Inspections for Reporting Month Prevention Referrals: Total Number of Fire Prevention Referrals for Reporting Month 0 1 Significant Events: Provide a brief synopsis of significant TC's, Fires, Near Drowning's, Road Closures etc Include photos if available. Station 12 responded to 216 incidents in the month of February as well as responded to a swift water rescue on the 15 freeway. Item No. 18 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: March 28, 2017 SUBJECT: Police Department Monthly Report PREPARED BY: Joseph Greco, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of January 2017. PATROL SERVICES Overall calls for police service 3,094 "Priority One" calls for service 54 Average response time for "Priority One" calls 7.11 Minutes VOLUNTEERS Volunteer administration hours 163 Special Events hours 47 Community Action Patrol (CAP) hours 555 Reserve officer hours (patrol) 26 Training hours 14 Total Volunteer hours 833 CRIME PREVENTION Crime prevention workshops/Neighborhood watch meetings conducted 0/1 Safety presentations/Training 0/0 Special events 0 Residential/Business security surveys conducted 0/0 Businesses visited 0 Residences/Businesses visited for past crime follow-up 0/4 Station Tour 1 Planning Review Projects/Temp Outdoor Use Permits 4/4 Sq. Footage of Graffiti Removed 2,389 OLD TOWN STOREFRONT Total customers served 241 Sets of fingerprints taken 80 Police reports filed 5 Citations signed off 25 Total receipts $2,718 SPECIAL TEAMS (POP / SET) On sight felony arrests 16 On sight misdemeanor arrests 22 Felony arrest warrants served 3 Misdemeanor arrest warrants served 10 Follow-up investigations 9 Parole/Probation Searches 2/6 Pedestrian Checks 53 Traffic Stops/Vehicle Checks 7 Crime Free Housing Checks 50 TRAFFIC Citations issued for hazardous violations 716 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 23 Non -hazardous citations 285 Stop Light Abuse/Intersection Program (S. L.A.P.) citations 133 Neighborhood Enforcement Team (N.E.T.) citations 53 Parking citations 127 School Zone 15 Seatbelts 29 Cell Phone Cites 107 Injury collisions 27 INVESTIGATIONS Beginning Caseload 288 Total Cases Assigned 39 Total Cases Closed 50 Search Warrants Served 7 Arrests 4 Out of Custody Filings 2 PROMENADE MALL TEAM Calls for service 495 Felony arrest/filings 7 Misdemeanor arrest/filings 13 Traffic Citations 7 Fingerprints/Livescans 215 Total receipts $8,560 SCHOOL RESOURCE OFFICERS Felony arrests 0 Misdemeanor arrests 9 Reports 12 Youth counseled 242 Meetings 62 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jeffrey Kubel, Chief of Police DATE: February 28, 2017 SUBJECT: Police Department Monthly Report PREPARED BY: Joseph Greco, Sergeant RECOMMENDATION: Receive and file. The following report reflects the activity of the Temecula Police Department for the month of February 2017. PATROL SERVICES Overall calls for police service 2,851 "Priority One" calls for service 61 Average response time for "Priority One" calls 7.01 Minutes VOLUNTEERS Volunteer administration hours 154 Special Events hours 14 Community Action Patrol (CAP) hours 655 Reserve officer hours (patrol) 22 Training hours 50 Total Volunteer hours 908 CRIME PREVENTION Crime prevention workshops/Neighborhood watch meetings conducted 0/0 Safety presentations/Training 0/0 Special events 1 Residential/Business security surveys conducted 1/0 Businesses visited 0 Residences/Businesses visited for past crime follow-up 1/0 Station Tour 3 Planning Review Projects/Temp Outdoor Use Permits 3/8 Sq. Footage of Graffiti Removed 1,468 OLD TOWN STOREFRONT Total customers served 200 Sets of fingerprints taken 40 Police reports filed 9 Citations signed off 27 Total receipts $2,505 SPECIAL TEAMS (POP / SET) On sight felony arrests 16 On sight misdemeanor arrests 10 Felony arrest warrants served 4 Misdemeanor arrest warrants served 18 Follow-up investigations 16 Parole/Probation Searches 1/8 Pedestrian Checks 52 Traffic Stops/Vehicle Checks 20 Crime Free Housing Checks 54 TRAFFIC Citations issued for hazardous violations 881 Grant funded D.U.I. / Traffic safety checkpoints 0 Grant funded traffic click it or ticket 0 D.U.I. Arrests 19 Non -hazardous citations 299 Stop Light Abuse/Intersection Program (S. L.A.P.) citations 184 Neighborhood Enforcement Team (N.E.T.) citations 67 Parking citations 147 School Zone 49 Seatbelts 29 Cell Phone Cites 94 Injury collisions 33 INVESTIGATIONS Beginning Caseload 277 Total Cases Assigned 40 Total Cases Closed 39 Search Warrants Served 6 Arrests 2 Out of Custody Filings 2 PROMENADE MALL TEAM Calls for service 449 Felony arrest/filings 5 Misdemeanor arrest/filings 30 Traffic Citations 2 Fingerprints/Livescans 186 Total receipts $6,311 SCHOOL RESOURCE OFFICERS Felony arrests 1 Misdemeanor arrests 8 Reports 20 Youth counseled 180 Meetings 48 Item No. 19 Approvals City Attorney Finance Director City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: March 28, 2017 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. City of Temecula DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT MARCH 28, 2017 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED/CURRENT MILESTONES CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS Butterfield Stage Road Extension Phase III Widening of Butterfield Stage Road from La Serena Way to Rancho California Road which includes widening of Rancho California Road to four lanes through the intersection of Butterfield Stage Road (Riverside County is a partner on this major circulation project) $6,253,500 • Anticipate bidding this project in summer 2017 Butterfield Stage Road at La Serena Way — Traffic Signal Installation Traffic signal installation at the intersection of Butterfield Stage Road at La Serena Way $315,000 • Anticipate bidding this project April 2017 • Anticipate construction will begin in summer 2017 Citywide Slurry Seal for Arterial Streets Slurry arterial streets (Winchester, Jefferson, and Temecula Parkway) with the goal to prolong their useful life and avoid much more costly roadway rehabilitation measures $658,750 • On June 14, 2016, City Council awarded a Construction Contract to Pavement Coatings Co. • Anticipate construction will begin in April 2017 Interstate -15 / State Route 79 South Ultimate Interchange, PW04-08 Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route 79 South $50,646,479 • Bid Opening was held on February 16, 2017 • City is in the process of conducting a full bid analysis prior to awarding the contract • Anticipate construction will be summer 2017 Overland Drive Extension (Commerce Center Drive to West of Enterprise Circle) Design and construction of the extension of Overland Drive from Commerce Center Drive to Murrieta Creek $8,423,347 • On December 16, 2016, City Council approved Plans and Specifications, and authorized solicitation of construction bids • Anticipate bidding this project spring 2017 Pavement Rehabilitation Program — Margarita Road Rehabilitation of Margarita Road from Rancho California Road to Temecula Parkway $3,500,000 • On January 24, 2017, City Council approved the Plans and Specifications, and authorized solicitation of construction bids • Bid Opening was held on March 28,' 2017 1 of 6 City of 'TemecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT MARCH 28, 2017 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED/CURRENT MILESTONES CAPITAL IMPROVEMENT PROJECTS CIRCULATION PROJECTS (continued) Pavement Rehabilitation Program — Pavement Management Program Update Review of all public roadways within the City, evaluating and updating existing Pavement Management Program software $275,000 • Responses to Request for Proposals were received on March 23, 2017 Pavement Rehabilitation Program — Residential Slurry Seal Rehabilitation of Harveston, Avendale/Barclay Estates, Woodcrest Country, The Villages, Ridgeview, Promenade Mall at Temecula, Costain Signet, Rancho Del Sol, Rancho Solana, Verano, Crowne Hill, and Wolf Creek neighborhoods, and the Industrial Area - Westside Business Park Dr. (four commercial streets in the northwest section of the City) $2,300,000 • On February 28, 2017, City Council approved the Plans and Specifications and authorized solicitation of construction bids • Bid Opening is scheduled for April 6, 2017 Pechanga Parkway Widening, PW15-14 Widening of Pechanga Parkway between Via Gilberto to North Casino Drive $5,000,000 • Completion of Design Plans is anticipated in spring 2017 INFRASTRUCTURE PROJECTS Citywide Concrete Repairs Fiscal Year 2016-17, PW16-04 Removing and replacing various concrete street and park improvements including, but not limited to curb and gutter, sidewalk sections, drive approaches, under sidewalk drains, cross gutters, spandrels and ADA ramps, with all necessary traffic control $242,022 • On February 14, 2017, City Council awarded a Construction Contract to EBS General Engineering, Inc. • Construction began on March 27, 2017 Citywide Sidewalks - Ynez Road Sidewalk, PW15-12 Construct a six-foot wide sidewalk and various adjustments to existing landscape and irrigation, and facilities to accommodate the sidewalk located on the east side of Ynez Road from Pauba Road to Portraits Lane $64,462 • Construction started at the end of February 2017 • Anticipation project completion by end of May 2017 2 of 6 City of TemecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT MARCH 28, 2017 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED/CURRENT MILESTONES CAPITAL IMPROVEMENT PROJECTS INFRASTRUCTURE PROJECTS (continued) Consolidated and Update Evaluation of Disabled Access to City Facilities, Programs, and Public Right of Way This project will update the American with Disabilities Act (ADA) Transition Plan adopted by the City Council on September 12, 1995 $550,000 • An Agreement for Consulting Services with Owen Group, Inc. was approved at the February 28, 2017 City Council Meeting Old Town Sidewalks Improvement Project, PW15-06 Will provide walking surfaces for pedestrians $360,000 • On October 25,2016, City Council approved the Plans and Specifications, and authorized solicitation of construction bids • Bid Opening was held on March 23, 2017 Temecula Park and Ride, PW06-09 Design and construction of a park and ride facility in the vicinity of Temecula Parkway and La Paz Street $2,764,093 • Plan revisions are underway PARKS & RECREATION PROJECTS: Patricia H. Birdsall Sports Park Synthetic Turf Enhancement Enhancement of the synthetic turf and infill material at each of the four synthetic turf sports fields $2,000,000 • On February 28, 2017, the City Council appropriated $1,000,000 from Measure "S" to enhance two fields • Additional appropriation is anticipated in Fiscal Year 2017-18 • The fields will be done over summer 2017 Sam Hicks Monument Park Playground Enhancement, PW12-20 Design and construct a new innovative play area to replace the existing equipment $648,888 • Notice to Proceed with Design and Fabrication was issued on June 9, 2015 • On December 13, 2016, City Council rejected all bids and authorized Public Works to re -bid the project for construction bids • Design plans were completed at the end of January 2017, and the playground components are being fabricated 3 of 6 City of TemecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT MARCH 28, 2017 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED/CURRENT MILESTONES MISCELLANEOUS Murrieta Creek Flood Control Project, Phase 2 This project is for flood control and environmental restoration and is a U.S. Army Corps of Engineers and Riverside County Flood Control and Water Conservation District project N/A • Construction has been greatly affected by the significant rains since the beginning of the year • Construction will resume with the placement of soil cement walls toward the end of March 2017 after site cleanup and maintenance PROJECT NAME BRIEF DESCRIPTION ESTIMATED/CURRENT MILESTONES LAND DEVELOPMENT PROJECTS Gas Line Repairs Located at Vail Elementary School on Mira Loma Dr. • Gas line repairs and repaving began at the end of January 2017 • Completed at the end of February 2017 Medical Office Building De Portola Road, just west of Margarita Road • Various utility crossings on De Portola Road • Anticipate completion by end of March 2017 Southern California Edison (SCE) Dry Utilities Roripaugh Road and Winchester Road • SCE began installation of dry utilities on March 14, 2017 • Anticipate completion by March 17,2017 Southern California Edison (SCE) Dry Utilities and Excavation Calle Medusa between Nicolas Road and La Serena Way • SCE began installation of dry utilities on March 20, 2017 • Anticipate completion by Mary 26, 2017 4of6 City of TemecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT MARCH 28, 2017 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATE / CURRENT MILESTONES MAINTENANCE PROJECTS City of Temecula Library Upgrades Upgrades include interior and exterior re- painting, lighting fixtures, furniture, electrical, and plumbing fixture improvements $250,000 • Anticipate project completion by August 2017 Community Recreation Center and City Library Joint Seal Caulk all concrete driveway and walkway joints at both facilities $14,300 • Anticipate project completion by end of March 2017 Patricia H. Birdsall and Ronald Reagan Sports Parks Lighting Re -tamping Lifecycle replacement of Musco sports lighting lamps at Patricia H. Birdsall Sports Park (soccer field #2), and Ronald Reagan north/south fields $8,050 • Anticipate project completion by end of March 2017 Patricia H. Birdsall Sports Park Resilient Surfacing Replacement Replace ageing playground rubber resilient surfacing $100,000 • Anticipate project completion in June 2017 Pennypickle's Workshop Roof Replacement Project Replace both sloped roof and wood shingle roof areas at the Museum $200,000 • Roof consultant is preparing specifications for bid • Anticipate project completion by December 2017 Playground Equipment Enhancement and Safety Surfacing Replace aging play structures and associated safety surfacing (Nicolas Park, Veterans Park, Sunset Park, and Vail Ranch Park) $1,000,000 . Responses to the Request for Qualifications have been reviewed • Playground Design awaiting final approval by the Parks & Recreation Committee Members • Anticipate project completion by July 2017 5 of6 City of TemecuCa DEPARTMENT OF PUBLIC WORKS PROJECT STATUS REPORT MARCH 28, 2017 PROJECT NAME BRIEF DESCRIPTION TOTAL PROJECT COST ESTIMATED / CURRENT MILESTONES MAINTENANCE PROJECTS (continued) Restrooms at Sam Hicks Monument Park and Sixth Street Install restroom floor and base tile and apply protective micro -guard sealer to floors and walls $23,358 • Anticipate project completion by end of March 2017 Smart Irrigation Controller Conversion Replace the remaining 80 outdated irrigation controllers to weather -based smart controller with rain sensor $125,000 • Partially funded by SoCal WaterSmart Rebates • Pending final rebate approval • Anticipate project completion by April 2017 Temecula Elementary School Pool Heater Replace 12 -year old pool heater with a new high efficient, low NOx heater $41,000 • Anticipate project completion by end of March 2017 6 of 6 REQUESTS TO SPEAK City Council Meeting 03/28/17 I wish to speak on: CZPublic Comment Circle One: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: 3 /Z.% 2.0 i7 CSD/SARDA/THA/TPFA Agenda Item No. For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: (M Rtcf/1RfSO\A Address: If you are representing an organization or group, please give the name: jewteCuq \/olei il4ci4514uodi C t4 (rv0c1) Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. I wish to s•eak on: Subject: REQUEST TO SPEAK CITY OF TEMECULA Date: 2— Public Public Comment Circle One: ITY COUNCIL -% SD / SARDA / THA / TPFA �bitS,5 421/77 s %ipso l qtA P�LQ.�? ../(4 -G( Agenda Item No. For ri Against n Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for he record. Name: c.rr (rat(c)(L( Address: If you are presenting an organization or group, please give the name: aP�Sieact9 Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.