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070919 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 COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 9, 2019 - 7:00 PM CLOSED SESSION - NONE CALL TO ORDER: Mayor Mike Naggar PRELUDE MUSIC: Susan Miyamoto INVOCATION: Sylvester Scott of Temecula Baha'i Community FLAG SALUTE: Council Member Schwank ROLL CALL: Edwards, Rahn, Schwank, Stewart, Naggar PRESENTATIONS/PROCLAMATIONS - NONE PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear on 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. For all Public Hearing or 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. On those items, 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, ten minutes will be devoted to these reports. CONSENT CALENDAR 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. Page 1 City Council Agenda July 9, 2019 1. Waive Reading of Standard Ordinances and Resolutions Recommendation: Attachments: 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. Agenda Report 2. Approve the Action Minutes of June 25, 2019 Recommendation Attachments That the City Council approve the action minutes of June 25, 2019. MinntPs 3. Approve the List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Attachments: Agenda Report R asnhitinn List of Demands 4. Adopt Ordinance 19-10 Amendment to Chapter 5.22 of the Temecula Municipal Code, Massage and Massage Establishments (At the Request of Subcommittee Members Council Members Edwards and Rahn) (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 19-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 5.22, MASSAGE AND MASSAGE ESTABLISHMENTS, OF THE TEMECULA MUNICIPAL CODE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Attachments: Agenda Report nrdinnncP 5. Approve the Five -Year Agreement for Phlebotomy Services with American Forensic Nurses, Inc. DBA: AFN for the Temecula Police Department Recommendation: That the City Council approve a five-year agreement with American Page 2 City Council Agenda July 9, 2019 Forensic Nurses, Inc., dba: AFN, in the amount of $60,000 for Fiscal Year 2019-20, to provide phlebotomy services for the Temecula Police Department, for a total five-year contract amount of $300,000. Attachments: Agenda Report Agreement 6. Approve a Cooperative Acreement With Nonprofit Our Nicholas Foundation in Support of Various Human Services Programs and Activities (At the Request of Mayor Naggar) Recommendation: That the City Council approve a cooperative agreement with nonprofit Our Nicholas Foundation for in -kind City support valued at $754 and $8,300 in promotional services of various Human Services programs and activities. Attachments: Agenda Report Agreement 7. Approve an Agreement with Musson Theatrical. Inc., for the Replacement of the Old Town Temecula Community Theater Projection System Equipment Recommendation: That the City Council approve an agreement with Musson Theatrical, Inc. in the amount of $61,918.74 for the replacement of the projection system equipment at the Old Town Temecula Community Theater. Attachments: Agenda Report Agreement 8. Adopt a Resolution to Authorize Application for, and Receipt of, SB 2 Planning Grants Pro, Funds Long Range Planning Project No. LR19-0274) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS Attachments: Agenda Report Resolution Notice of Funding Availability 9. Approve the Amendments to Annual Aizreements for Fiscal Year 2019-20 for Routine Maintenance, On -Call and Emergency Services for Various Operational Needs for the Department of Public Works, Maintenance Division Recommendation: That the City Council approve the amendments to the annual agreements for Fiscal Year 2019-20, in the amounts stated below, for routine Page 3 City Council Agenda July 9, 2019 10. maintenance, on -call and emergency services for various operational needs of the Department of Public Works. - Aztec Landscaping, Inc. d/b/a Aztec Janitorial, Inc., Third Amendment, $115,000 - Countywide Mechanical Systems, Inc., Second Amendment, $100,000 - Craftsmen Plumbing Heating & Cooling, Inc., Sixth Amendment, $300,000 - Diversified Waterscapes, Inc., Third Amendment, $165,000 - Excel Landscape, Inc., First Amendment, $2,598,658 - Hardy & Harper, Inc., Second Amendment, $500,000 - Merchants Building Maintenance, LLC, Third Amendment, $281,245.32 - Miko Mountain Lion, Inc., Second Amendment, $300,000 - Moore Fence Company, Inc., Fourth Amendment, $100,000 - Rene's Commercial Management - Weed Abatement Maintenance Services, Second Amendment, $200,000 - Rene's Commercial Management - Homeless Encampment Cleanup Services, Second Amendment, $100,000 - US National Corp., First Amendment, $200,000 - VN Enterprises, Inc., Fifth Amendment, $100,000 - West Coast Arborists, Inc., Third Amendment, $500,000 Attachments: Agenda Report Amendments Award a Construction Contract to All American Asphalt for the Pavement Rehabilitation Program - Citywide, Rancho Vista Road (Paseo Goleta to Butterfield Stage Road), PW 19-01 Recommendation: That the City Council: 1. Award a construction contract to All American Asphalt in the amount of $855,333.00, for the Pavement Rehabilitation Program - Citywide, Rancho Vista Road (Paseo Goleta to Butterfield Stage Road), PW 19-01; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $128,299.95, which is equal to 15% of the contract amount; 3. Make a finding that the Pavement Rehabilitation Program - Citywide, Rancho Vista Road (Paseo Goleta to Butterfield Stage Road), PW 19-01 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Attachments: Agenda Report Contmet Project Description Project Location Map Page 4 City Council Agenda July 9, 2019 11. Accept Improvements and File the Notice of Completion for French Valley Parkway Interchange - Environmental Mitigation, PW02-11EM Recommendation: That the City Council: 1. Accept the improvements for the French Valley Parkway Interchange - Environmental Mitigation, PW02-11EM; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Maintenance Bond Affidavit and Final Release 12. Accept Improvements and File the Notice of Completion for Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Parkh PW 17-04 Recommendation: That the City Council: 1. Approve a budget transfer in the amount of $175,000.00 from Sidewalks - Citywide to Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park); 2. Approve an increase to the project contingency in the amount of $59,062.83 for the Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW 17-04; 3. Increase the City Manager change orders approval authority in the amount of $59,062.83; 4. Accept the improvements for the Sidewalks - Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW 17-04, as complete; 5. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 6. Release the Labor and Materials Bond seven months after filing the Page 5 City Council Agenda July 9, 2019 Notice of Completion, if no liens have been filed. Attachments: Agenda Report Notice of Completion Affidavit and Final Release Maintenance Bond 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 Page 6 City Council Agenda July 9, 2019 TEMECULA COMMUNITY SERVICES DISTRICT MEETING CALL TO ORDER: President James "Stew" Stewart ROLL CALL: Edwards, Naggar, Rahn, Schwank, Stewart 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 on 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 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 addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board addressing that item. On those items, each speaker is limited to five minutes. CSD CONSENT CALENDAR 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 June 25, 2019 Recommendation: That the Board of Directors approve the action minutes of June 25, 2019. Attachments: Minutes CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTOR REPORTS CSD ADJOURNMENT The next regular meeting of the Temecula Community Services District will be held on Tuesday, July 23, 2019, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 7 City Council Agenda July 9, 2019 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY CALL TO ORDER: Chairperson Mike Naggar ROLL CALL: Edwards, Rahn, Schwank, Stewart, Naggar SARDA PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on 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 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 addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board addressing that item. On those items, each speaker is limited to five minutes. SARDA CONSENT CALENDAR 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 Successor Agency to the Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. 14. Approve the Action Minutes of June 25, 2019 Recommendation: That the Board of Directors approve the action minutes of June 25, 2019. Attachments: Minutes SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT The next regular meeting of the Successor Agency to the Redevelopment Agency will be held on Tuesday, July 23, 2019, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. Page 8 City Council Agenda July 9, 2019 TEMECULA HOUSING AUTHORITY - NO MEETING TEMECULA PUBLIC FINANCING AUTHORITY - NO MEETING RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 15. Conduct the Linfield School Tax Equity and Fiscal Responsibility Act (TEFRA.) Hearing Approving of Tax Exempt Obligations for Construction and Renovation of Facilities at Linfield Christian School and Join California Enterprise Development Authority Recommendation: That the City Council: 1. Conduct a public hearing for the financing of the Linfield Christian School proposed facilities project located at 31950 Pauba Road, Temecula, California 92592; 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF TEMECULA IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY 3. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF ITS REVENUE OBLIGATIONS FOR THE BENEFIT OF LINFIELD CHRISTIAN SCHOOL AND/OR A RELATED ENTITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE COST OF ACQUISITION, DEVELOPMENT, CONSTRUCTION, INSTALLATION, EQUIPPING Page 9 City Council Agenda July 9, 2019 AND FURNISHING OF CERTAIN FACILITIES, AND OTHER MATTERS RELATING THERETO Attachments: Agenda Report Resolution - Joint Powers Agreement Associate Membership Agreement Resolution - Issuance of Obligations DEPARTMENTAL REPORTS 16. City Council Travel/Conference Report Recommendation: That the City Council receive and file the City Council travel/conference report. Attachments: Agenda Report Itineraries COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT The next regular meeting of the City Council will be held on Tuesday, July 23, 2019, at 5:30 p.m., for a Closed Session, with regular session commencing at 7:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444. Page 10 Item No. 1 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: July 9, 2019 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Director of Legislative Affairs/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 COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 25, 2019 - 7:00 PM CLOSED SESSION - 6:00 P.M. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council convened in closed session pursuant to Government Code Section 54956.8 regarding the potential conveyance of approximate 1.41 acre and 1.57 acre City owned property identified as APN 953 050 001 (located on La Serena Way, southwest of Rancho Elementary School at 31530 La Serena Way) and APN 919 273 008 (located between Del Rey Road and La Serena Way, frontage on Del Rey Road, between 31195 and 31245 Del Rey Road), respectively, in exchange for an approximate 4.75 acre portion of the Temecula Elementary School pool and ball fields identified as APN 921 310 002. The parties to the negotiations for the potential sale and purchase of these property interests are Temecula Valley Unified School District and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Peter Thorson, Greg Butler, Pat Thomas, and Kevin Hawkins. Under negotiation are price and terms of the potential conveyance and purchase of these property interests. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council convened in closed session pursuant to Government Code Section 54956.8 regarding the potential sale of approximately 2.27 acres of real property owned by the City located on the east side of Pujol Street approximately 130 feet north of Main Street (APNs: 922 053 021, 047 and 048). The parties to the negotiations for the potential sale of the property are: Temecula Pacific Associates and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Greg Butler, Luke Watson and Peter Thorson. Under negotiation are price and terms of the potential sale of the properties. CALL TO ORDER at 7:00 PM: Mayor Mike Naggar Prelude Music: Susan Miyamoto Invocation: Chaplain Rich Insalaco of the Temecula Police Department Flag Salute: Council Member Edwards ROLL CALL: Edwards (absent), Rahn, Schwank, Stewart, Naggar PRESENTATIONS/PROCLAMATIONS Introduction of New Veterans of Foreign Wars (VFW) Post 4089 Commander Amy Alvarez Presentation of Certificate of Recognition to Temecula Valley Woman's Club PUBLIC COMMENTS The following individuals addressed the City Council on a non-agendized items: • Miriam Wolheim • Bob Kowell • Ditchi Manley • Ira Robinson • Kelly Ortiz CITY COUNCIL REPORTS CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0, Edwards absent): Motion by Stewart, Second by Schwank. The electronic vote reflected unanimous approval with Edwards absent. 1. Waive Reading of Standard Ordinances and Resolutions 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. 2. Approve the Action Minutes of June 11, 2019 Recommendation: That the City Council approve the action minutes of June 11, 2019. 3. Approve the List of Demands Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. Adopt Ordinance 19-09 Public Safety Alarm Systems (Second Reading) Recommendation: That the City Council adopt an ordinance entitled: ORDINANCE NO. 19-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.60 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR THE OPERATIONS OF PUBLIC SAFETY ALARM SYSTEMS 5. Approve City Treasurer's Report as of April 30, 2019 Recommendation: That the City Council approve and file the City Treasurer's Report as of April 30, 2019. N 6. Approve Financial Statements for the 3rd Quarter Ended March 31, 2019 Recommendation: That the City Council receive and file the financial statements for the 3rd quarter ended March 31, 2019. 7. Approve the Cumulative Purchase of Miscellaneous Materials, Services, and Supplies Anticipated To Exceed $60,000 Per Vendor for Fiscal Year 2018-19 Recommendation: That the City Council approve the purchase of miscellaneous materials, services and supplies as described from the following vendors in the amounts indicated for Fiscal Year 2018 19: 1. Downs Fueling, $115,000, City Fleet Fuel 2. Hanks Hardware, $100,000, Miscellaneous Hardware Supplies 3. Waxie Sanitary Supply, $60,000, Miscellaneous Janitorial Supplies 8. Approve an Agreement with David Turch and Associates for Federal Legislative Consultant Services and Authorize the Reissuance of a Request for Proposals for State Legislative Consultant Services (At the Request of Subcommittee Members Mayor Pro Tempore Stewart and Council Member Rahn) Recommendation: That the City Council approve an agreement with David Turch and Associates for federal legislative consultant services and authorize the reissuance of a request for proposals for state legislative consultant services. 9. Approve the Sponsorship Agreement with Motor Maids, Inc. for the 2019 Motor Maids Motorcycle Parade (At the Request of Subcommittee Members Mayor Pro Tempore Stewart and Council Member Edwards) Recommendation: That the City Council approve the sponsorship agreement with Motor Maids, Inc. for in -kind City support valued at $1,200 for the 2019 Motor Maids Motorcycle Parade. 10. Approve an Agreement with Environmental Science Associates (ESA) for the Preparation of a Supplemental Environmental Impact Report for the Harveston General Plan and Specific Plan Amendment Recommendation: That the City Council approve an agreement with Environmental Science Associates (ESA), for $232,175, plus a 10% contingency of $23,217.50, for a total agreement of $255,392.50, for the preparation of a Supplemental Environmental Impact Report for the Harveston General Plan and Specific Plan Amendment. 11. Approve an Agreement for Consultant Services with De Novo Planning Gropp for the Preparation of the 2021-2029 Housing Element Update Recommendation: That the City Council approve an agreement for consultant services with De Novo Planning Group for $73,070, with a 10% contingency of $7,307, for a total agreement of $80,377, for the preparation of the 2021-2029 Housing Element Update. 12. Award a Construction Contract to Greer's Contracting & Concrete, Inc. for the Sidewalks - Old Town Boardwalk Enhancement, PW17-16 Recommendation: That the City Council: 1. Approve an additional appropriation of $150,000 from the Measure S Fund Balance to the Sidewalks - Old Town Boardwalk Enhancement, PW17-16; 2. Award a construction contract to Greer's Contracting & Concrete, Inc., in the amount of $457,426.00, for the Sidewalks - Old Town Boardwalk Enhancement, PW17-16; 3. Authorize the City Manager to approve change orders not to exceed the contingency amount of $91,485.20, which is equal to 20% of the contract amount; 4. Make a finding that the Sidewalks - Old Town Boardwalk Enhancement, PW17-16 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 13. Accept Improvements and File the Notice of Completion for Sidewalks - Sixth Street Improvements, PW 17-05 Recommendation: That the City Council: 1. Approve an increase to the project contingency in the amount of $6,697.07 for the Sidewalks - Sixth Street Improvements, PW 17-05; 2. Increase the City Manager change orders approval authority in the amount of $6,697.07; 3. Accept the improvements for the Sidewalks — Sixth Street Improvements, PW 17-05, as complete; 4. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount;5. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. RECESS: At 7:32 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and Successor Agency of the Temecula Redevelopment Agency Meeting. At 7:34 PM, the City Council resumed with the remainder of the City Council Agenda 4 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 18. Approve an Amendment to Chapter 5.22 of the Temecula Municipal Code, Massage and Massage Establishments (At the Request of Subcommittee Members Council Members Edwardsand Rahn) Recommendation: That the City Council: 1. Introduce and read by title only an ordinance entitled: ORDINANCE NO. 19-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 5.22, MASSAGE AND MASSAGE ESTABLISHMENTS, OF THE TEMECULA MUNICIPAL CODE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 2. Adopt a resolution entitled: RESOLUTION NO. 19-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE SCHEDULE OF ADMINISTRATIVE CITATION FINES PURSUANT TO TEMECULA MUNICIPAL CODE SECTION 1.21.060 FOR VIOLATIONS OF CHAPTER 5.22 PERTAINING TO MASSAGE ESTABLISHMENTS Approved the Staff Recommendation (4-0, Edwards absent): Motion by Rahn, Second by Stewart. The electronic vote reflected unanimous approval with Edwards absent. 19. Approve the Disposition and Development Agreement for Vine Creek Apartments Affordable Housing Development Between the City of Temecula, as Housing Successor to the Former Temecula Redevelopment Agency, and Temecula Pacific Associates, Located Approximately 130 Feet North of the Main Street and Pujol Street Intersection, on the East Side of Pujol Street (APNs 922-053-021, 922-053-048, 922-053-047) (At the Request of Subcommittee MembersMa. o�ggar and Council Member Rahn) Recommendation: That the City Council adopt a resolution entitled: RESOLUTION NO. 19-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ACTING IN ITS CAPACITY AS THE HOUSING SUCCESSOR (AND, WITH RESPECT TO A DENSITY BONUS AGREEMENT AND CITY FEE AND PERMANENT LOANS, ALSO IN ITS CAPACITY AS THE CITY) APPROVING A DISPOSITION 5 AND DEVELOPMENT AGREEMENT THAT INCLUDES SUCH DENSITY BONUS AGREEMENT AND SUCH CITY LOANS, WITH TEMECULA PACIFIC ASSOCIATES, FOR THE "VINE CREEK" 60 UNIT APARTMENT PROJECT, AND THE TAKING OF RELATED ACTIONS, AND FIND THAT A MITIGATED NEGATIVE DECLARATION HAS BEEN APPROVED FOR THE PROJECT AND NO FURTHER CEQA REVIEW IS REQUIRED Approved the Staff Recommendation (4-0, Edwards absent): Motion by Rahn, Second by Schwank. The electronic vote reflected unanimous approval with Edwards absent. DEPARTMENTAL REPORTS 20. City Council Travel/Conference Report 21. Community Development Department Monthly Report 22. Fire Department Monthly Report 23. Police Department Monthly Report 24. Public Works Department Monthly Report COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT The City Attorney stated there was no reportable actions for closed session. ADJOURNMENT At 8:14 PM, the City Council meeting was formally adjourned to Tuesday, July 9, 2019, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] R Item No. 3 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: July 9, 2019 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Fiscal Services Manager Pam Espinoza, Accounting Technician I RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 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. 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 $10,162,858.91. 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 9th day of July, 2019. Michael S. Naggar, 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. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9t' day of July, 2019, 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 06/13/2019 TOTAL CHECK RUN: 06/20/2019 TOTAL CHECK RUN: 06/13/2019 TOTAL PAYROLL RUN: 1,444,980.33 8,118,096.11 599,782.47 TOTAL LIST OF DEMANDS FOR 07/09/2019 COUNCIL MEETING: $ 10,162,858.91 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 3,929,072.99 125 PEG PUBLIC EDUCATION & GOVERNMENT 843.98 140 COMMUNITY DEV BLOCK GRANT 8,153.10 165 AFFORDABLE HOUSING 16,543.69 190 TEMECULA COMMUNITY SERVICES DISTRICT 263,696.78 192 TCSD SERVICE LEVEL B STREET LIGHTS 374.45 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,397.72 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 14,499.99 197 TEMECULA LIBRARY FUND 48,928.55 210 CAPITAL IMPROVEMENT PROJECTS FUND 859,001.05 300 INSURANCE FUND 10,532.42 305 WORKERS' COMPENSATION 655.64 310 VEHICLE AND EQUIPMENT FUND 639.38 320 INFORMATION TECHNOLOGY 51,391.00 325 TECHNOLOGY REPLACEMENT FUND 8,750.00 330 CENTRAL SERVICES 8,132.43 340 FACILITIES 46,555.68 395 2011 FINANCING LEASE CIVIC CENTER & CRC 518,498.15 396 2018 FINANCING LEASE MRC 138,951.48 472 CFD 01-2 HARVESTONA&B DEBT SERVICE 469,164.73 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 395,409.88 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 43,226.90 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 890,882.33 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 125,241.85 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 347,994.75 478 CFD 16-01 RORIPAUGH PHASE II 1,346,213.06 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1.10 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 24.35 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 9.60 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 4.00 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 24.51 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 22.85 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 17.04 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 2,109.98 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.87 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7.94 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.44 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 1,890.27 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 18.89 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 6.47 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 5.84 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 511.64 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.39 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 85.02 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 44.92 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 2,443.11 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 199.64 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.04 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.07 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 138.24 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 38.83 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 53.06 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 467.21 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 212.40 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 45.74 700 CERBT CALIFORNIA EE RETIREE-GASB45 9,928.00 $ 9,563,076.44 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 314,575.27 140 COMMUNITY DEV BLOCK GRANT 646.08 165 AFFORDABLE HOUSING 4,505.26 190 TEMECULA COMMUNITY SERVICES DISTRICT 164,717.88 192 TCSD SERVICE LEVEL B STREET LIGHTS 454.93 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,211.47 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 331.16 197 TEMECULA LIBRARY FUND 2,588.21 300 INSURANCE FUND 830.63 305 WORKERS' COMPENSATION 830.70 320 INFORMATION TECHNOLOGY 36,389.25 330 CENTRAL SERVICES 4,470.23 340 FACILITIES 8,885.14 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 101.79 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 101.96 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 101.79 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 101.79 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 101.79 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 101.79 478 CFD 16-01 RORIPAUGH PHASE II 229.84 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1.99 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 28.55 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 17.85 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 3.95 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 28.69 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 12.62 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 14.65 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 137.86 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.42 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 8.01 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.89 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 87.28 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 18.15 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 6.88 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 6.43 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 20.10 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.64 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 83.49 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 43.52 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 110.74 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 189.27 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.32 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.57 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 154.65 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 39.12 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.21 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6.62 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 224.91 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.32 700 CERBT CALIFORNIA EE RETIREE-GASB45 57,238.81 TOTAL BY FUND: 599,782.47 $ 10,162,858.91 apChkLst Final Check List Page: 1 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6459 06/05/2019 007282 AMAZON COM INC, SYNCB/AMAZON 6460 06/05/2019 014685 COMPASS BANK 6461 06/05/2019 014685 COMPASS BANK 6462 06/07/2019 007282 AMAZON COM INC, SYNCB/AMAZON 6463 06/07/2019 007282 AMAZON COM INC, SYNCB/AMAZON 6464 06/04/2019 018858 FRONTIER CALIFORNIA INC 6465 06/04/2019 018858 FRONTIER CALIFORNIA INC 6466 06/04/2019 010276 TIME WARNER CABLE 6467 06/04/2019 010276 TIME WARNER CABLE 6468 06/07/2019 010276 TIME WARNER CABLE 6469 06/06/2019 014486 VERIZON WIRELESS 6470 05/30/2019 000262 RANCHO CALIF WATER DISTRICT 6471 05/31/2019 000537 SO CALIF EDISON 6472 05/31/2019 000537 SO CALIF EDISON Description OFFICE SUPPLIES: POLICE SUPPLIES:AQUATICS OFFICE SUPPLIES: POLICE OFFICE SUPPLIES: POLICE '11 REFUNDING 01/08 CERT PART DEBT SVC '18 MARGARITA REC CENTER DEBT SRVC MISC SUPPLIES:CITY CLERK MISC SUPPLIES & TOOLS: FIRE DEPT OFC SUPPLIES: MEDIC MISC SUPPLIES & TOOLS: PREV MISC SUPPLIES & TOOLS: PREV MISC SUPPLIES:CITY CLERK MISC SUPPLIES & TOOLS: PREV MAY INTERNET SVCS-FIRE STATION 73 MAY INTERNET SVCS-PUBLIC LIBRARY MAY INTERNET SVCS-40820 WINCHESTER RD MAY INTERNET SVCS-32364 OVERLAND TRL JUN INTERNET SVCS-29119 MARGARITA RD 04/11-5/10 CELLULAR/BROADBAND:CITYWIDE VARIOUS APR WATER 3001605 PAUBA RD MAY 2-40-576-0232 44173 BUTTERFIELD STG MAY 2-33-357-5785 44747 REDHAWK PKWY Amount Paid Check Total 409.00 113.69 116.08 16.28 518,498.15 138,951.48 82.30 307.89 167.37 38.20 111.47 27.99 10.86 121.84 190.98 586.83 54.99 348.30 443.20 16, 652.39 12.99 24.50 655.05 518,498.15 138,951.48 82.30 663.78 121.84 190.98 586.83 54.99 348.30 443.20 16, 652.39 12.99 24.50 Page-1 apChkLst Final Check List Page: 2 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 6473 05/31/2019 000537 SO CALIF EDISON MAY 2-41-072-5394 29429 TEM PKWY 6474 05/31/2019 000537 SO CALIF EDISON MAY 2-34-624-4452 32131 S LOOP RD 6475 05/28/2019 000537 SO CALIF EDISON APR 2-30-099-3847 29721 RYECREST 6476 05/28/2019 000537 SO CALIF EDISON MAY 2-28-331-4847 32805 PAUBA RD 6477 05/28/2019 000537 SO CALIF EDISON APR 2-30-296-9522 46679 PRIMROSE AVE 6478 06/10/2019 018858 FRONTIER CALIFORNIA INC JUN INTERNET SVCS-THEATRE 6479 06/10/2019 010276 TIME WARNER CABLE JUN INTERNET SVCS-32211 WOLF VALLEY RD 6480 06/10/2019 010276 TIME WARNER CABLE JUN INTERNET SVCS-30755 AULD RD STE D 6481 06/10/2019 010276 TIME WARNER CABLE JUN INTERNET SVCS-41000 MAIN ST 6482 05/24/2019 001212 SO CALIF GAS COMPANY APR 091-085-1632-0 41951 MORAGA RD 6483 06/04/2019 001986 MUZAK LLC JUN DISH NETWORK: 41952 6TH ST 6484 06/04/2019 001986 MUZAK LLC JUN DISH NETWORK:32131 BUTTERFIELD STG 6485 06/04/2019 001986 MUZAK LLC JUN DISH NETWORK: 43230 BUS PARK DR 6487 05/31/2019 001212 SO CALIF GAS COMPANY APR 055-475-6169-5 32380 DEER HOLLOW WY 6488 05/31/2019 001212 SO CALIF GAS COMPANY APR 015-575-0195-2 32211 WOLF VALLEY RD 6489 06/04/2019 002390 EASTERN MUNICIPAL WATER APR WATER: MURRIETA HOT SPRINGS DIST RD 6490 06/04/2019 002390 EASTERN MUNICIPAL WATER APR WATER: 39569 SERAPHINA RD DIST Amount Paid Check Total 27.48 27.48 1,102.45 1,102.45 11.56 11.56 66.95 66.95 286.58 286.58 150.98 150.98 189.40 189.40 680.82 680.82 3,430.75 3,430.75 909.31 909.31 53.42 53.42 155.08 155.08 161.27 161.27 175.93 175.93 237.70 237.70 66.69 66.69 461.04 461.04 Paget apChkLst O6/13/2019 11:05:01 AM Bank: union UNION BANK Check # Date Vendor 6491 06/04/2019 000537 SO CALIF EDISON 6492 06/04/2019 000537 SO CALIF EDISON Final Check List CITY OF TEMECULA (Continued) Description MAY 2-41-048-2012 30498 TEM PKWY MAY 2-35-664-9053 29119 MARGARITA RD 6493 06/04/2019 000537 SO CALIF EDISON MAY 2-35-403-6337 41375 MCCABE CT 6494 06/04/2019 000537 SO CALIF EDISON MAY 2-25-393-4681 41951 MORAGA RD 6495 06/04/2019 000537 SO CALIF EDISON MAY 2-30-520-4414 32781 TEM PKWY 6496 06/11/2019 006887 UNION BANK OF CALIFORNIA 021271 DUNKIN DONUTS LW RFRSHMNTS: COMM DEV MTG 021272 BRUGGER'S BAGELS LW RFRSHMNTS: COMM DEV MTG 021273 GREEN BUSINESS LW MEMBERSHIP RENEWAL: TOMA, CERTIFICATION, INC SARA 000515 TEMECULA VALLEY CHAMBER LW STATE OF THE CITY REGIST: OF, COMMERCE PLANNING 000515 TEMECULA VALLEY CHAMBER LW STATE OF THE CITY REGIST: OF, COMMERCE PLANNING 000515 TEMECULA VALLEY CHAMBER LW STATE OF THE CITY REGIST: OF, COMMERCE PLANNING 6497 06/11/2019 006887 UNION BANK OF CALIFORNIA 006952 PAYPAL JH VERISIGN PAYFLOW PRO TRANSACTION 000262 RANCHO CALIF WATER MAR 3085074 29805 VALLEJO AVE DISTRICT 000262 RANCHO CALIF WATER MAR 3088328 COMMERCE CTR DR DISTRICT 000515 TEMECULA VALLEY CHAMBER JH STATE OF THE CITY TABLE: OF, COMMERCE FINANCE DEPT 6498 06/11/2019 006887 UNION BANK OF CALIFORNIA 000515 TEMECULA VALLEY CHAMBER MH STATE OF THE CITY REGIST: INFO OF, COMMERCE TECH 013338 APPLE STORE MH APPLECARE SVC: DISPLAY REPAIR 013337 PUBLIC HOUSE MH RFRSHMNTS: INTERVIEW PANEL: INFO TECH 020654 TATEMS FLEET MAINT SFTWR MH SFTWR RENEWAL: INFO TECH 018966 MUSICOLOGY LLC MH PEG MISC AV EQUIPMNT 021274 ZOOM.US MH ZOOM VIDEO SFTWR COMMUNICATIONS 011998 YAHOO! FLICKR MH SFTWR RENEWAL: INFO TECH Amount Paid 94.26 480.25 606.60 796.53 838.79 26.08 44.02 85.00 50.00 500.00 100.00 59.80 13.38 171.37 600.00 100.00 29.00 73.71 187.00 158.99 386.90 99.98 Page: 3 Check Total 94.26 480.25 606.60 796.53 838.79 805.10 844.55 1,035.58 Page:3 apChkLst Final Check List Page: 4 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 6499 06/11/2019 006887 UNION BANK OF CALIFORNIA 006937 SOUTHWEST AIRLINES RG AIRFARE: CONFERENCE 007987 WALMART RG SUPPLIES: HELP CTR 006944 OMNI HOTELS RG LODGING: GILLILAND, R. 021255 GRIM TOWING RG TOWING EXPENSE: COMPASSIONATE CARE 020767 SQUARESPACE INC RG PURCHASE OF DIGITAL PICTURES 6500 06/11/2019 006887 UNION BANK OF CALIFORNIA 018925 FIREHOUSE SUBS RO RFRSHMNTS: YOUTH IN GOVERNMENT 4/18 018925 FIREHOUSE SUBS RO RFRSHMNTS: YOUTH IN GOVERNMENT 4/17 006692 SAM'S CLUB RO RFRSHMNTS: YOUTH IN GOVERNMENT 006692 SAM'S CLUB RO CITY CNCL CLOSED SESS MTG 4/23 012915 LUCILLE'S BBQ RO CITY CNCL CLOSED SESS MTG 4/23 6501 06/11/2019 006887 UNION BANK OF CALIFORNIA 007226 PIZZA HUT IG RFRSHMNTS: WSP INTO PW AT THE FOC 017736 FEAST CALIFORNIA CAFE LLC, IG RFRSHMNTS: FOCUS GROUP MTG DBA CORNER BAKERY CAFE 5/8 001587 AMERICAN PUBLIC WORKS IG RECRUITMENT ADVERTISING: HR ASSN. 021257 ASCE CAREER CENTER IG RECRUITMENT ADVERTISING: HR 004905 LIEBERT, CASSIDYAND IG WEBINAR: CALIPERS RETIREE: HR WHITMORE 008668 WES FLOWERS IG SUNSHINE FUND 007282 AMAZON COM INC, IG OFC SUPPLIES: HEADSET: SYNCB/AMAZON GARIBAY 020186 GREAT HARVEST BREAD CO IG RFRSHMNTS: WSP MTG 5/1/19 000515 TEMECULA VALLEY CHAMBER IG REGIST STATE OF THE CITY: OF, COMMERCE CARDENAS 008668 WES FLOWERS IG SUNSHINE FUND 008668 WES FLOWERS IG SUNSHINE FUND Amount Paid Check Total 748.26 155.84 255.19 75.00 20.00 1,254.29 425.17 425.17 114.24 6.98 293.61 1,265.17 86.71 52.00 325.00 545.00 75.00 61.43 43.98 253.75 50.00 61.43 63.93 1,618.23 Page:4 apChkLst Final Check List Page: 5 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6502 06/11/2019 006887 UNION BANK OF CALIFORNIA 018925 FIREHOUSE SUBS 018925 FIREHOUSE SUBS 012550 COURTYARD BY MARRIOTT 018925 FIREHOUSE SUBS 021256 PPI TRAINING, TRAINING AND DEVELOPMENT 021256 PPI TRAINING, TRAINING AND DEVELOPMENT 6504 06/11/2019 006887 UNION BANK OF CALIFORNIA 006937 SOUTHWEST AIRLINES 021267 INT'L CRIME FREE ASSOCIATION 021269 FONTANA POLICE EXPLORER, POST 531 021270 POSPAPER.COM 004618 CALIF NARCOTIC OFFICERS ASSN 021262 CALIF POLICE CHIEFS ASSOC 014768 FALLEN OFFICERS FUND 006937 SOUTHWEST AIRLINES (Continued) Description Amount Paid Check Total JG RFRHSHMNTS: ADULT CERT CLASS 468.33 5/5 JG RFRHSHMNTS: ADULT CERT CLASS 367.97 5/4 JG LODGING: ENERGOV CONF: 822.95 AMEZCUA JG RFRSHMNTS: BATTALION MEDIC 134.82 MTG JG REGIST: INSPECTOR TRAINING: 175.00 BOKKES JG REGISTRATION: INSPECTOR 175.00 2,144.07 TRAINING: LM AIRFARE: WOMEN LEADERS CONF: 481.98 SIAW LM REGIST: ICFA TRAIN THE TRAINER: 275.00 ODEN LM REGIST: LEADERSHIP ACADEMY: 186.90 POLICE LM SUPPLIES: THERMAL PAPER: 279.75 TICKET LM REFUND: UNDERCOVER OPS: DUP -250.00 BILLING LM REGIST: WOMEN LEADERS CONF 750.00 9/4 LM REGIST: SO CALIF GANG CONF: 225.00 5/28 LM AIRFARE: WOMEN LEADERS CONF: 481.98 2,430.61 MCCONNEL Page:5 apChkLst Final Check List Page: 6 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6505 06/11/2019 006887 UNION BANK OF CALIFORNIA 020709 CARBONITE INC 020249 LAUND3R.COM LLC 012085 ISTOCK INT'L INC. 019244 HOBBY LOBBY STORES, INC. 019244 HOBBY LOBBY STORES, INC. 013812 DFIT SUBS LLC, DBA JERSEY MIKES 019244 HOBBY LOBBY STORES, INC. 001048 ROSAS CANTINA RESTAURANT 001048 ROSAS CANTINA RESTAURANT 015626 EVENTBRITE.COM 015626 EVENTBRITE.COM 008735 APPLEBEE'S NEIGHBORHOOD GRILL 020886 NETFLIX.COM 019360 BUSHFIRE KITCHEN 008956 PANERA BREAD 020249 LAUND31R.COM LLC 006952 PAYPAL 015660 WORLD WATERPARK ASSOCIATION 007949 WESTERN ARTS ALLIANCE 015354 FACEBOOK.COM 021258 AUNTIE CORAS BAKERY, & RESTAURANT 021259 NAKAMAYA 021259 NAKAMAYA 021260 SAN DIEGO COUNTY FAIR, REGISTRATION (Continued) Description Amount Paid Check Total KH MEMBERSHIP: SFTWR FOR 71.99 MUSEUM KH LAUNDER TABLE CLOTHS: CONF 76.75 CTR KH IMAGES FOR PROMOTIONAL 125.07 FLYERS & WEBSI KH MAYOR'S WORKSHOP DECOR 91.68 KH INCLUSIVE WORKFORCE DECOR 497.30 KH RFRSHMNTS: POOL TOURNAMENT 135.00 KH DECOR: MOTHER'S DAY TEA 212.30 EVENT KH SILVER SHUTTLE: MEALS FOR 94.49 SENIORS KH RFRSHMNTS: VITICULTURE PRGM 69.09 KH YOUTH SPORT SAFETY 70.20 WORKSHOP: TCSD KH YOUTH SPORT SAFETY 140.40 WORKSHOP: TCSD KH RFRSHMNTS: THEATER 109.04 PERFORMER KH MONTHLY CHARGE FOR SVC: CRC 8.99 TEEN ROOM KH RFRSHMNTS: THEATER 83.79 PERFORMER KH RFRSHMNTS: MASTER PLAN 229.49 WORKSHOP KH LAUNDRY SVC: YOUTH IN 86.00 GOVERNMENT KH VERISIGN PAYFLOW PRO 157.80 TRANSACTION KH REGISTRATION: DAVIS, MELISSA 69.00 KH CONF REGISTRATION: TURNER, C. 525.00 KH ADVERTISING: THEATER 35.00 PERFORMANCE KH RFRSHMNTS: POLYNESIATHEME 82.65 EVENT KH ITEMS: SISTER CITY 25TH 95.91 ANNIVERSARY KH ITEMS: SISTER CITY 25TH 28.25 ANNIVERSARY KH TICKETS: SENIOR EXCURSION: 392.00 MPSC Page6 apChkLst 06/13/2019 11:05:01AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 021259 NAKAMAYA KH ITEMS: SISTER CITY 25TH -28.00 3,459.19 ANNIVERSARY 6506 06/13/2019 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 899.07 899.07 SUPPORT 6507 06/13/2019 017429 COBRAADVANTAGE INC, DBA FSA BENEFITS PAYMENT 18,671.00 18,671.00 THE ADVANTAGE GROUP 6508 06/13/2019 000194 1 C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 12,357.68 12,357.68 303355 PAYMENT 6509 06/13/2019 000444 INSTATAX (EDD) STATE TAXES PAYMENT 30,096.48 30,096.48 6510 06/13/2019 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 98,620.72 98,620.72 6511 06/13/2019 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 4,597.68 4,597.68 SOLUTION PAYMENT 6512 06/13/2019 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 12,602.14 12,602.14 SOLUTION 6513 06/13/2019 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT 28.51 28.51 SOLUTION PAYMENT 6514 06/13/2019 000245 PERS - HEALTH INSUR PIERS HEALTH PAYMENT 124,984.14 PREMIUM PIERS HEALTH PAYMENT 0.00 124,984.14 6515 06/13/2019 000246 PERS (EMPLOYEES' PIERS RETIREMENT PAYMENT 105,152.78 105,152.78 RETIREMENT) 195771 06/13/2019 000733 ABBEY PARTY RENTS Table linens rental for Budget Workshop 130.38 130.38 195772 06/13/2019 019075 ADORAMA INC MISC A/V PRODUCTION EQUIP:PEG 31.60 SUPPLIES MISC A/V PRODUCTION EQUIP:PEG SUF 56.25 MISC A/V PRODUCTION EQUIP:PEG SUF 78.25 MISC A/V PRODUCTION EQUIP:PEG SUF 518.89 684.99 195773 06/13/2019 018859 AED SUPERSTORE, TRAINING EQUIPMENT:AQUATICS 3,208.13 3,208.13 AEDS.COM, AED, OUTLET, ALLIED MED. PROD. 195774 06/13/2019 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY 3,991.40 3,991.40 C/O BNB BANK LOCKBOX PAYMENT Page-7 apChkLst O6/13/2019 11:05:01 AM Final Check List CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 195775 06/13/2019 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING:LIBRARY DBA, ALLEGRO PIANO SERVICE 195776 06/13/2019 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS: POLICE AFN PHLEBOTOMY SRVCS: POLICE PHLEBOTOMY SRVCS: POLICE 195777 06/13/2019 020691 ANN M HOWELL, DBAANN GRAPHIC DSGN SVCS: "LOVE HOWELL DESIGN TEMECULA" 195778 06/13/2019 000101 APPLE ONE INC MAY TEMP STAFF SVCS: CITY CLERK & FIRE 195779 06/13/2019 021136 ARCADIA PUBLISHING INC Books:TVM Gift Shop 195780 06/13/2019 018941 AZTEC LANDSCAPING INC MAY PARKS: RESTROOM POWER WASHING MAY JANITORIAL SVCS: VARI PARKS 195781 06/13/2019 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS:LIBRARY 195782 06/13/2019 021135 BAMBOO TRADING COMPANY Merchandise Bags:TVM Gift Shop 195783 06/13/2019 007385 BAUDVILLE INC DBA IDVILLE VISITOR LOGIN BOOKS:FRONT RECEPTION 195784 06/13/2019 021275 BEDNAR, LORETTA '19 ART & STREET PAINTING FESTIVAL 195785 06/13/2019 021227 BEMOLL, BRANDI REIMB: AIREFARE: ICSC CONF 195786 06/13/2019 018185 BLUEBEAM SOFTWARE INC SFTWR RENEWAL: BLDG & SAFETY 195787 06/13/2019 018408 BOB CALLAHAN'S POOL Pool/Fountain Maint: Various Locations SERVICE MAY POOL/FOUNTAIN MAINT: VARI LOCI 195788 06/13/2019 011348 BONCOR WATER SYSTEMS JUN WTR TANK FILTER REPL: STA 73 LLC, DBA SUNSHINE WATER SOFT 195789 06/13/2019 000152 CALIF PARKS AND RECREATION SOC, C P R S 195790 06/13/2019 009640 CERTIFION CORP DBA ENTERSECT MEMBERSHIP RENEWAL: BARNETT, B. MAY ONLINE DATABASE SUBSCR:POLICE Amount Paid 185.00 165.00 935.00 1,300.00 340.00 4,026.14 577.40 1,072.50 7,555.63 105.37 350.50 458.01 100.00 161.00 1,951.25 1,300.00 950.00 267.20 145.00 200.00 Page: 8 Check Total 185.00 2,400.00 340.00 4,026.14 577.40 8,628.13 105.37 350.50 458.01 100.00 161.00 1,951.25 2,250.00 267.20 145.00 200.00 Pages apChkLst O6/13/2019 11:05:01AM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 195791 06/13/2019 021158 CHARLES PRODUCTS LLC Merchandise Items:TVM Gift Shop 144.68 144.68 195792 06/13/2019 021264 CHS EDUCATION REFUND: SEC DEPOSIT TCC 6/1/19 200.00 200.00 FOUNDATION, DRAMA 195793 06/13/2019 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 4.00 4.00 CHARITIES PAYMENT 195794 06/13/2019 004412 COMPLETE TENNIS CAMP, TCSD INSTRUCTOR EARNINGS 1,137.50 CTC TENNIS, AKA KERRY LE TCSD INSTRUCTOR EARNINGS 91.00 TCSD INSTRUCTOR EARNINGS 193.20 TCSD INSTRUCTOR EARNINGS 144.90 1,566.60 195795 06/13/2019 000442 COMPUTER ALERT SYSTEMS PARKING GARAGE ALARM SVC: PW 150.00 150.00 195796 06/13/2019 001264 COSTCO TEMECULA 491 MISC SUPPLIES - STA 12 134.56 134.56 195797 06/13/2019 004329 COSTCO TEMECULA 491 SUPPLIES:VARIOUS SPECIAL EVENTS 819.72 SUPPLIES:HIGH HOPES EVENTS 182.50 1,002.22 195798 06/13/2019 014501 COUNTYWIDE MECHANICAL REPAIR AIR UNIT: CIVIC CTR #4 440.00 440.00 SYSTEMS 195799 06/13/2019 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 168.00 TCSD INSTRUCTOR EARNINGS 168.00 TCSD INSTRUCTOR EARNINGS 291.20 TCSD INSTRUCTOR EARNINGS 67.20 TCSD INSTRUCTOR EARNINGS 179.20 873.60 195800 06/13/2019 017038 CPS HR CONSULTING STAFF TRAINING: HR 4,450.00 4,450.00 195801 06/13/2019 010650 CRAFTSMEN PLUMBING & REPLACE WATER HEATER: HISTORY 1,850.00 HVACINC MUSEUM ELECTRICAL PANEL: CHILDRENS MUSEI 3,427.00 VEHICLE CHARGE STATION: 6TH STREE 4,850.00 VEHICLE CHARGE STATION: PARK GAR/ 1,909.00 VEHICLE CHARGE STATION -RELOCATE: 1,696.25 PLUMBING MAINT: FIRE STA 73 580.00 MAINT SVCS: FIRE-STA 84 1,638.75 15,951.00 195802 06/13/2019 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 196.00 196.00 195803 06/13/2019 016098 CULTIVATING GOOD INC, DBA RFSHMTS: CULINARY 2,717.39 2,717.39 E AT MARKETPLACE PRGRM-WORKFORCE Page9 apChkLst O6/13/2019 11:05:01 AM Bank: union UNION BANK Check # Date Vendor 195804 06/13/2019 020105 CUMBERBATCH, JAMAL Final Check List CITY OF TEMECULA (Continued) Description CREDIT: TAX WITHHOLDING CASE 1863175 TCSD INSTRUCTOR EARNINGS 195805 06/13/2019 013812 DFIT SUBS LLC, DBA JERSEY RFRSHMNTS: HIGH HOPES MIKES 195806 06/13/2019 020648 DG INVESTMENT HOLDINGS 2 4-CARD READERS: CRC INC, CONVERGINT TECHNOLOGIES ENTRY INTERCOM STATIONS & CABLIN( 195807 06/13/2019 021191 DOUGLAS CO INC Merchanise:TVM Gift Shop 195808 06/13/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: TRAFFIC FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: PUBLIC WOF FUEL FOR CITY VEHICLES: TRAFFIC DIV FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: BLDG INSPE FUEL FOR CITY VEHICLES: CODE ENFOI FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: PARK MAINT FUEL FOR CITY VEHICLES: STREET MAI FUEL FOR CITY VEHICLES: TCSD 195809 06/13/2019 004068 ECALDRE MANALILI-DE VILLA, TCSD INSTRUCTOR EARNINGS AILEEN 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 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 195810 06/13/2019 004829 ELLISON WILSON ADVOCACY JUN STATE LOBBYING SVCS: CITY LLC MGR 195811 06/13/2019 000164 ESGIL LLC APR PLAN CK SVCS: BLDG & SAFETY 195812 06/13/2019 001056 EXCEL LANDSCAPE INC IRRIGATION REPAIRS: DEPORTOLA/PALOMA DEL 195813 06/13/2019 017432 EYEMED VISION CARE VISION PLAN PAYMENT Amount Paid -49.00 196.00 645.98 15,645.06 4,446.78 721.71 202.75 268.90 66.86 175.23 44.05 215.09 73.16 230.70 1,193.34 773.36 508.30 70.00 175.00 280.00 210.00 245.00 227.50 192.50 332.50 157.50 315.00 134.75 70.00 3,500.00 15,705.26 397.26 1,725.92 Page: 10 Check Total 147.00 645.98 20,091.84 721.71 3,751.74 2,409.75 3,500.00 15,705.26 397.26 1,725.92 Page:10 apChkLst Final Check List Page: 11 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 195814 06/13/2019 019469 FALCON ENGINEERING MAY CONST MGMT SVCS: PW04-08 SERVICES 195815 06/13/2019 009953 FEDERAL CLEANING JUN JANITORIAL SVC: POLICE MALL CONTRACTORS, DBA FEDERAL OFC BLDG SERVICES 195816 06/13/2019 000165 FEDERAL EXPRESS INC 5/23 EXP MAIL SVCS: CLERK/TCSD/FIRE 195817 06/13/2019 002982 FRANCHISE TAX BOARD CUMBERBATCH, JAMAL - CASE# 1863175 195818 06/13/2019 002982 FRANCHISE TAX BOARD KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 KRACH, BREE - CASE# 603016103 195819 06/13/2019 014865 FREIZE UHLER KIMBERLY DBA, PROMO ITEMS: ECO DEV CLEAR BLUE PROMOTIONS Econ Dev Promo Items Mens Hats PROMO ITEMS: ECO DEV PROMO ITEMS: CITY MGR 195820 06/13/2019 016184 FUN EXPRESS LLC, SUPPLIESWUSEUM EVENTS SUBSIDIARY OF ORIENTALTR 195821 06/13/2019 021268 GARRETT, LAURA REFUND: PA19-0658APN 919-200-016 195822 06/13/2019 013076 GAUDET YVONNE M, DBA YES TCSD INSTRUCTOR EARNINGS YOU CAN DRAW 195823 06/13/2019 018992 GAZETTE 665 REFUND: SEC DEPOSIT CC 6/1/19 195824 06/13/2019 021266 GLEASON, CATHY REFUND: HAWAIIAN DANCE, MARY POPPINS 195825 06/13/2019 000177 GLENNIES OFFICE PRODUCTS OFFICE SUPPLIES: PW-LAND DEV INC OFFICE SUPPLIES: FIRE STA 73 OFC SUPPLIES: BLDG & SAFETY OFC SUPPLIES: CODE ENFORCEMENT MISC OFC SUPPLIES: WORKFORCE OFFICE SUPPLIES:SPORTS 195826 06/13/2019 004890 GOLDEN STATE FIRE FIRE SPRINKLER REPAIR: STA 84 PROTECTION 195827 06/13/2019 003792 GRAINGER MISC SUPPLIES: PW STREET MAINT Amount Paid Check Total 48,999.94 48,999.94 1,088.50 1,088.50 64.12 64.12 49.00 49.00 2.04 2.04 48.43 52.51 361.35 570.94 460.40 349.29 1,741.98 199.48 199.48 1,155.00 1,155.00 369.60 369.60 200.00 200.00 243.40 243.40 17.12 29.35 127.73 112.07 119.17 80.04 485.48 2,468.00 2,468.00 1,661.32 1,661.32 Page:11 apChkLst Final Check List Page: 12 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 195828 06/13/2019 021194 GREAT OAK HIGH SCHOOL ASB 195829 06/13/2019 015451 GREATAMERICA FINANCIAL SVCS (Continued) Description Amount Paid Check Total REFUND: SEC DEPOSIT CC 5/29/19 200.00 200.00 MAY LEASE FOR COPIERS:LIBRARY 793.89 793.89 Page:12 apChkLst Final Check List Page: 13 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 195831 06/13/2019 000186 HANKS HARDWARE INC (Continued) Description Amount Paid Check Total MISC HDWR SUPPLIES: CODE ENF 27.17 MAINT SUPPLIES: AQUATICS 30.53 MAINT SUPPLIES: AQUATICS 63.14 MAINT SUPPLIES: LIBRARY 3.90 MAINT SUPPLIES: LIBRARY 85.99 MAINT SUPPLIES: OLD TOWN 65.23 MAINT SUPPLIES: STREET MAINT 42.36 MAINT SUPPLIES: VARIOUS PARKS 62.06 MAINT SUPPLIES: AQUATICS 67.00 MAINT SUPPLIES: TVM 172.28 MAINT SUPPLIES: CIVIC CTR 27.50 MAINT SUPPLIES: CIVIC CTR 18.00 MAINT SUPPLIES: CIVIC CTR 15.20 MAINT SUPPLIES: CIVIC CTR 30.59 MAINT SUPPLIES: CIVIC CTR 1.62 MAINT SUPPLIES: CIVIC CTR 77.22 MAINT SUPPLIES: CIVIC CTR 33.22 MAINT SUPPLIES: CIVIC CTR 9.29 MAINT SUPPLIES: CIVIC CTR 22.28 MAINT SUPPLIES: CIVIC CTR 5.43 MAINT SUPPLIES: CIVIC CTR 52.71 MAINT SUPPLIES: CIVIC CTR 20.10 Misc. small tools & equip: pw traffic 76.20 MAINTENANCE SUPPLIES, VARIOUS FA( 19.00 MAINT SUPPLIES: LIBRARY 22.80 MAINT SUPPLIES: OLD TOWN 36.81 MAINT SUPPLIES: OLD TOWN 61.95 MAINT SUPPLIES: OLD TOWN 48.69 MAINT SUPPLIES: CIVIC CTR 77.72 MAINT SUPPLIES: CRC 3.25 MAINT SUPPLIES: AQUATICS 127.94 MAINT SUPPLIES: AQUATICS 32.61 MAINT SUPPLIES: LIBRARY 27.70 MAINT SUPPLIES: CIVIC CTR 50.33 MAINT SUPPLIES: CIVIC CTR 48.14 MAINT SUPPLIES: CIVIC CTR 16.30 MAINT SUPPLIES: CRC 39.49 MAINT SUPPLIES: CRC 67.59 MAINT SUPPLIES: VARIOUS PARKS 62.61 MAINT SUPPLIES: VARIOUS PARKS 20.75 MAINT SUPPLIES: OLD TOWN 210.88 MAINT SUPPLIES: VARIOUS PARKS 41.62 MAINT SUPPLIES: VARIOUS PARKS 19.34 MAINT SUPPLIES: VARIOUS PARKS 23.90 MAINT SUPPLIES: OLD TOWN 24.80 HARDWARE SUPPLIES: STA 92 4.27 Page:13 apChkLst Final Check List Page: 14 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 195832 06/13/2019 007786 HILTON. MARIA 195833 06/13/2019 010210 HOME DEPOT SUPPLY INC 195834 06/13/2019 003624 HOWELL, ANN MARIE 195835 06/13/2019 020849 IN THE MIX SOUND LLC 195836 06/13/2019 014435 INLAND EROSION CONTROL SRVCS 195837 06/13/2019 020673 INTEGRITY SUPPORT SERVICES INC, EMPLOYMENT SCREENING RESO (Continued) Description Amount Paid Check Total MAINT SUPPLIES: AQUATICS 54.36 MAINT SUPPLIES: AQUATICS 30.96 MAINT SUPPLIES: AQUATICS 31.08 HARDWARE SUPPLIES - STA 73 7.60 MAINT SUPPLIES: VARIOUS PARKS 13.27 MAINT SUPPLIES: VARIOUS PARKS 110.54 MAINT SUPPLIES: VARIOUS PARKS 11.43 MAINT SUPPLIES: PARKING GARAGE 29.87 SMALL TOOLS & EQUIP:HARVESTON PA 164.57 SMALL TOOLS & EQUIP:HARVESTON PA 168.49 MAINT SUPPLIES: LIBRARY 115.58 MAINT SUPPLIES: CIVIC CTR 11.80 MAINT SUPPLIES: CIVIC CTR 30.21 MAINT SUPPLIES: CIVIC CTR 2.16 MAINT SUPPLIES: CIVIC CTR 27.18 MAINT SUPPLIES: OLD TOWN 65.23 MAINT SUPPLIES: THEATER 18.48 MAINT SUPPLIES: STREET MAINT 18.48 MAINT SUPPLIES: STREET MAINT 109.84 MAINT SUPPLIES: FOC 31.52 MAINT SUPPLIES: TCC 130.37 MAINT SUPPLIES: HISTORY MUSEUM 43.49 MAINT SUPPLIES: VARIOUS PARKS 88.33 MAINT SUPPLIES: VARIOUS PARKS 26.72 MAINT SUPPLIES: VARIOUS PARKS 27.63 MAINT SUPPLIES: VARIOUS PARKS 15.45 MAINT SUPPLIES: AQUATICS 18.02 HARDWARE SUPPLIES: FIRE STA 84 12.53 3,512.70 REIMB: RFRSHMNTS P/TS 228.87 228.87 COMMISSION MTG MAINT SUPPLIES: CIVIC CTR 822.28 SUPPLIES: CIVIC CENTER 284.09 1,106.37 GRAPHIC DSGN SVCS:ECO DEV 1,280.00 1,280.00 MISC STAGE SUPPLIES: THEATER 370.49 370.49 EROSION CONTROL SUPPLIES: PW 1,000.00 1,000.00 STREETS Pre -employment screenings:HR 126.88 126.88 Page:14 apChkLst Final Check List Page: 15 06/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 195838 06/13/2019 006924 INTL MUNICIPAL SIGNAL IMSAAGENCY MEMBERSHIP: PW ASSOC, IMSA 195839 06/13/2019 012883 JACOB'S HOUSE INC EMPLOYEE CHARITY DONATIONS PAYMENT 195840 06/13/2019 021244 JOSE B. CAICEDO DBA, RFRSHMNTS: HR-EMP QTRLY TAQUIZAS JOSE CATERING 195841 06/13/2019 021078 KELLY, MICHAEL ROBERT Performance:Culture Quest- 195842 06/13/2019 020396 KINGDOM CAUSES, DBA CITY SEP'18 CENSUS: POLICE DEPT NET 195843 06/13/2019 001282 KNORR SYSTEMS INC CRC POOL: MISC PARTS/SUPPLIES 195844 06/13/2019 017118 KRACH BREE B, DBA CREDIT: TAX WITHHOLDING CASE TEMECULA TROPHY& DES 603016103 CREDIT: TAX WITHHOLDING CASE 60301 AWARDS:MPSC AWARDS:MPSC CREDIT: TAX WITHHOLDING CASE 60301 CENTERPIECE:STATE OF CITY EVENT 195845 06/13/2019 003726 LIFE ASSIST INC EMERG SUPPLIES - MEDIC EMERG SUPPLIES - MEDIC 195846 06/13/2019 004230 LINCOLN EQUIPMENT INC POOL EQUIPMENT:AQUATICS 195847 06/13/2019 002634 LITELINES INC TEMECULA LIBRARY: LED LIGHTS 195848 06/13/2019 003782 MAIN STREET SIGNS, DBA JR PARK RANGER DECALS:PARK ATHACOINC RANGERS SIGN REPLACEMENT SUPPLIES: PW 195849 06/13/2019 020302 MARIS IMAGING SOLUTIONS DOCUMENT IMAGING SRVCS:CITY LLC CLERK 195850 06/13/2019 014431 MARTLAND, BETTE B DEMONSTRATION: CULTURE QUEST 195851 06/13/2019 011920 MASTER CONCEPTS LLC, DBA TCSD INSTRUCTOR EARNINGS MASTER SPORTS TCSD INSTRUCTOR EARNINGS 195853 06/13/2019 003076 MET LIFE INSURANCE DENTAL HMO PAYMENT COMPANY Amount Paid Check Total 425.00 425.00 40.00 40.00 1,655.00 1,655.00 225.00 225.00 8,000.00 8,000.00 3,099.64 3,099.64 -2.04 -2.04 8.16 8.16 -48.43 193.71 157.52 1,827.00 560.19 2,387.19 1,090.31 1,090.31 1,198.97 1,198.97 338.25 5,451.59 5,789.84 15,422.90 15,422.90 200.00 200.00 955.50 294.00 1,249.50 12,816.39 12,816.39 Page:15 apChkLst O6/13/2019 11:05:01AM Final Check List CITY OF TEMECULA Page: 16 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 195854 06/13/2019 021080 METROMOTION LLC CONSULTING SRVCS: 4,000.00 4,000.00 TRANSPORTATION -CM 195855 06/13/2019 018314 MICHAEL BAKER CONSULTANT SVCS: PW18-06 6,822.94 6,822.94 INTERNATIONAL 195856 06/13/2019 020907 MICHELLE MEDINA, DBA TCSD INSTRUCTOR EARNINGS 414.05 MICHELLE Q MEDINA TCSD INSTRUCTOR EARNINGS 573.30 TCSD INSTRUCTOR EARNINGS 728.00 TCSD INSTRUCTOR EARNINGS 728.00 2,443.35 195857 06/13/2019 013443 MIDWEST TAPE LLC BOOKS/COLLECTIONS:LIBRARY 118.84 BOOKS/COLLECTIONS:LIBRARY 83.94 202.78 195858 06/13/2019 004951 MIKE'S PRECISION WELDING SUPPLIES:SPORTS 1,980.00 INC INSTALL SVCS: PW-SAFETY CAP BOLLAI 1,800.00 3,780.00 195859 06/13/2019 016445 MKB PRINTING & WINDOW ENVELOPES: PW - CIP 192.93 192.93 PROMOTIONAL INC, DBA MINUTEMAN PRESS 195860 06/13/2019 004040 MORAMARCO, ANTHONY J, TCSD INSTRUCTOR EARNINGS 455.00 455.00 DBA BIGFOOT GRAPHICS 195861 06/13/2019 017089 MORRIS-HOPKINS, BROOKE TCSD INSTRUCTOR EARNINGS 630.00 TCSD INSTRUCTOR EARNINGS 315.00 TCSD INSTRUCTOR EARNINGS 105.00 TCSD INSTRUCTOR EARNINGS 315.00 1,365.00 195862 06/13/2019 019019 MUSIC CONNECTION LLC STTLMNT: SPEAKEASY AT THE MERC 766.70 6/8 STTLMNT: SPEAKEASY AT THE MERC 6/E 338.10 1,104.80 195863 06/13/2019 018099 NATIONAL SAFETY DOT TESTING: HR 231.86 231.86 COMPLIANCE INC 195864 06/13/2019 021263 NCL INC, REFUND: SEC DEPOSIT CRC 6/2/19 200.00 200.00 MURRIETA-TEMECULA CHAPTER 195865 06/13/2019 008820 NEIGHBORS NEWSPAPER, AKA ADVERTISING: TEMECULA PRESENTS 250.00 250.00 DIANE SIMONES Page:16 apChkLst Final Check List Page: 17 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 195866 06/13/2019 001323 NESTLE WATERS NORTH AMERICA, DBA READYREFRESH (Continued) Description 4/23-5/22 WTR DLVRY SVC: HELP CTR 4/23-5/22 WTR DLVRY SVC: TVE2 3/23-4/22 WTR DLVRY SVC: CITY MGR OI 4/23-5/22 WTR DLVRY SVC: FOC 4/23-5/22 WTR DLVRY SVC: OTTT 4/23-5/22 WTR DLVRY SVC: PBSP 4/23-5/22 WTR DLVRY SVC: LIBRARY 4/23-5/22 WTR DLVRY SVC: MRC 3/23-5/22 WTR DLVRY SVC: CRC 4/23-5/22 WTR DLVRY SVC: TVM 4/23-5/22 WTR DLVRY SVC: TCC 195867 06/13/2019 019816 NEW HORIZONS LEARNING ONSITE TRAINING: HR GROUP 195868 06/13/2019 009337 NV5 INC MAR PROJ MGT SVCS: MRC: PW17-21 195869 06/13/2019 021121 OCCUPATIONAL HEALTH CTR MEDICAL SCREENINGS: HR OF CA, DBA CONCENTRA MEDICAL CTR MEDICAL SCREENINGS: HR MEDICAL SCREENINGS: HR MEDICAL SCREENINGS: HR 195870 06/13/2019 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE REPAIRS: BC 195871 06/13/2019 021265 OLIVARES, CAROLL REFUND: LIBRARY SMARTPAY 195872 06/13/2019 019334 PARK CONSULTING GROUP CONSULTING SVCS: IT-ENERGOV INC 195873 06/13/2019 001999 PITNEY BOWES POSTAGE: FIRE STA 84 195874 06/13/2019 010338 POOL & ELECTRICAL SUPPLIES: AQUATICS PRODUCTS INC 195875 06/13/2019 005820 PRE -PAID LEGAL SERVICES PREPAID LEGAL SERVICES PAYMENT INC, DBA LEGALSHIELD 195876 06/13/2019 005075 PRUDENTIAL OVERALL UNIFORM SVCS: PW SUPPLY UNIFORM SVCS: PW 195877 06/13/2019 018831 RADEECAL INC City logo/decal install: city vehicles Amount Paid Check Total 17.61 50.41 37.71 172.52 41.79 8.61 155.43 76.46 348.69 42.48 33.10 6,000.00 13,046.58 52.00 240.50 50.00 32.50 879.15 15.95 390.00 77.48 541.99 266.10 81.00 77.85 639.38 984.81 6,000.00 13,046.58 375.00 879.15 15.95 390.00 77.48 541.99 266.10 158.85 639.38 Page:17 apChkLst Final Check List Page: 18 06/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 195878 06/13/2019 020774 RADIANT GLOBAL LOGISTICS EXHIBIT TRANSPORT: INC, DBAAIRGROUP CORP TVM-WANDERING SPIRIT 195879 06/13/2019 000418 RIVERSIDE CO CLERK & NOE: OUTDOOR VENDOR RECORDER 195880 06/13/2019 005329 SAFE ALTERNATIVES FOR FY18/19 CDBG SUBRECIPIENT: EVERYONE SAFE&HLTHY PG 195881 06/13/2019 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY: TRIBUTE TO PRESTON HEROES-TCSD WORKFORCE CULINARY PRGM PICTUR 195882 06/13/2019 009213 SHERRY BERRY MUSIC STTLMNT: JAZZ AT THE MERC:6/6/19 195883 06/13/2019 000645 SMART AND FINAL INC REFRESHMENTS: TVM EVENTS 195884 06/13/2019 002503 SOUTH COAST AIR QUALITY, AIR QUALITY SVCS: BUSINESS PARK MANAGEMENT DISTRICT DR 195885 06/13/2019 012652 SOUTHERN CALIFORNIA, JUN GEN USAGE: 0141,0839,2593,9306 TELEPHONE COMPANY 195886 06/13/2019 021261 ST CATHERINE'S CATHOLIC REFUND: SEC DEPOSIT RRSP 6/2/19 CHURCH 195890 06/13/2019 007762 STANDARD INSURANCE BASIC LIFE INSURANCE PAYMENT COMPANY 195891 06/13/2019 012723 STANDARD INSURANCE VOLUNTARY SUPP LIFE INSURANCE COMPANY PAYMENT 195892 06/13/2019 002366 STEAM SUPERIOR CARPET CARPET CLEANING: CIVIC CTR CLEANING F1-3/STAIRS 195893 06/13/2019 001546 STRAIGHT LINE GLASS AND GLASS REPLACEMENT: LIBRARY F13 MIRROR, COMPANY INC GLASS REPLACEMENT: PAT BIRDSALL P GLASS REPLACEMENT: PENNYPICKLE 195894 06/13/2019 001547 TEAMSTERS LOCAL 911 UNION MEMBERSHIP DUES PAYMENT Amount Paid Check Total 1,362.00 1,362.00 50.00 50.00 3.49 3.49 100.00 150.00 250.00 675.00 675.00 224.99 224.99 132.98 132.98 599.11 599.11 200.00 200.00 8,507.03 8,507.03 1,218.60 1,218.60 11,400.00 11,400.00 352.13 271.22 170.35 793.70 5,212.22 5,212.22 Page:18 apChkLst Final Check List Page: 19 O6/13/2019 11:05:01AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 195895 06/13/2019 020985 TEAMWORK PROMOTIONAL, OFC SUPPLIES: POLICE ADVERTISING INC OFC SUPPLIES: POLICE OFC SUPPLIES: POLICE BUSINESS CARDS: POLICE OFFICE SUPPLIES: POLICE OFC SUPPLIES: POLICE OFC SUPPLIES: POLICE OFC SUPPLIES: POLICE 195896 06/13/2019 004209 TEMECULA SUNRISE ROTARY, APR-JUN BUS BENCH PLACEMENT& FOUNDATION MAINT: PW 195897 06/13/2019 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SVCS: THEATER 195898 06/13/2019 019100 TNT ENTERTAINMENT GROUP DJ/ANNOUNCER SVCS: ART/ST PAINT LLC FESTIVAL 195899 06/13/2019 000161 TYLER TECHNOLOGIES, INC EXECUTIME IMPLEMENTATION 5/17 EXECUTIME MAINT & SUPPORT: CIVIC C EXECUTIME: MAINT & SUPPORT 195900 06/13/2019 007766 UNDERGROUND SERVICE Underground Utility Locator Alerts: PW ALERT, OF SOUTHERN CALIFORNIA 195901 06/13/2019 012549 UPODIUM,AKAJOHN FONTEYN Amount Paid Check Total 1,438.56 1,047.76 2,830.20 464.81 1,334.69 664.58 1,238.45 1,222.50 2,233.75 2,340.00 2,000.00 5,113.98 9.24 6,683.68 245.95 VEHICLE MAINT: FIRE STA 92 209.67 VEHICLE MAINT SUPPLIES: FIRE STA 73 33.19 VEHICLE MAINT SUPPLIES: FIRE STA 73 580.81 10,241.55 2,233.75 2,340.00 2,000.00 11,806.90 245.95 823.67 195902 06/13/2019 020963 UPTOWN TEMECULAAUTO VEHICLE WASHING SVCS: PW 4.00 4.00 SPA LLC 195903 06/13/2019 018514 VAL VERDE USD, VISTA VERDE ELECTRIC LIGHT PARADE STIPEND 200.00 200.00 MIDDLE SCHOOL 11/30/18 195904 06/13/2019 018147 WADDLETON, JEFFREY L. TCSD INSTRUCTOR EARNINGS 252.00 252.00 195905 06/13/2019 007987 WALMART SUPPLIES:SPORTS FACILITIES 240.67 SUPPLIES: TCSD-SUMMER DAY CAMP 159.96 400.63 Grand total for UNION BANK: 1,444,980.33 Page:19 apChkLst Final Check List Page: 20 O6/13/2019 11:05:01AM CITY OF TEMECULA 185 checks in this report. Grand Total All Checks: 1,444,980.33 Page20 apChkLst Final Check List Page: 1 O6/20/2019 9:08:46AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6486 06/12/2019 007282 AMAZON COM INC, SYNCB/AMAZON 6503 06/11/2019 006887 UNION BANK OF CALIFORNIA 021178 LICENSE PLATES AND FRAMES.COM 008669 VONS 021285 TRAVEL INSURANCE 021284 LEWIS CLEANERS 008956 PANERA BREAD 018323 GOAT & VINE, THE 017501 LUKE'S ON FRONT 001264 COSTCO TEMECULA 491 007028 AMERICAN AIRLINES 007028 AMERICAN AIRLINES Description SUPPLIES:AQUATICS SUPPLIES:AQUATICS SUPPLIES:AQUATICS SUPPLIES:SKATE PARK SUPPLIES:AQUATICS SUPPLIES:AQUATICS SUPPLIES:AQUATICS SUPPLIES:AQUATICS SUPPLIES:SUMMER DAY CAMP SUPPLIES:SUMMER DAY CAMP MISC OFC SUPPLIES:FINANCE SUPPLIES/EQPMNT:COMMUNITY RELAT SUPPLIES:SKATE PARK ECON DEV: OPEN PO MISC. SUPPLIES MISC SUPPLIES: WORKFORCE SUPPLIES:SKATE PARK MISC OFC SUPPLIES:FINANCE SUPPLIES:SKATE PARK AA STATE OF THE CITY: THEME FAVORS AA RFRSHMNTS FOR CITY BUSINESS MTGS AA TRAVEL INSURANCE: ADAMS & RAHN AA DRY CLEANING: TABLECLOTHS: CITY MGR AA RFRSHMNTS: CITY ATTY MTG 4/23 AA RFRSHMNTS: RTA SW T-NOW MTG 4/24 AA RFRSHMNTS: STATE OF THE CITY FILM AA SUPPLIES: CITY CNCL MEETINGS AAAIRFARE: INFRA GRANT MTG: ADAMS AAAIRFARE: INFRA GRANT MTG: RAHN Amount Paid Check Total 542.44 -55.30 52.17 307.28 158.89 417.00 45.45 144.19 9.88 206.82 25.78 119.18 28.16 17.29 177.98 14.69 30.70 19.88 96.00 10.58 113.20 75.00 76.52 168.57 106.02 13.53 838.50 838.50 2,262.48 2,336.42 Page:1 apChkLst Final Check List Page: 2 06/20/2019 9:08:46AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6516 05/17/2019 006887 UNION BANK OF CALIFORNIA 019953 CAESARS ENTERTAINMENT CORP, DBA PARIS HOTEL 016098 CULTIVATING GOOD INC, DBA E AT MARKETPLACE 017736 FEAST CALIFORNIA CAFE LLC, DBA CORNER BAKERY CAFE 014804 WEBSTAURANT STORE, THE 012550 COURTYARD BY MARRIOTT 021279 PROMO VIDEO 019070 BECKY'S BAKESHOP 020663 GENESIS DIGITAL, DBA WEBINARJAM 008956 PANERA BREAD 006690 BEST WESTERN 001264 COSTCO TEMECULA 491 019793 URBANE CAFE, TGH ENTERPRISES LLC 020792 CANVA.COM 019793 URBANE CAFE, TGH ENTERPRISES LLC 006937 SOUTHWEST AIRLINES 019953 CAESARS ENTERTAINMENT CORP, DBA PARIS HOTEL 019953 CAESARS ENTERTAINMENT CORP, DBA PARIS HOTEL 019953 CAESARS ENTERTAINMENT CORP, DBA PARIS HOTEL 008956 PANERA BREAD 015354 FACEBOOK.COM 6517 06/14/2019 007282 AMAZON COM INC, SYNCB/AMAZON 6518 06/07/2019 014486 VERIZON WIRELESS (Continued) Description Amount Paid Check Total GB LODGING: ICSC CONF: WATSON, L. 147.39 GB RFRSHMNTS: GREAT TEAM MTG 164.00 5/1 GB RFRSHMNTS: CONST. TRAINING 345.78 PRGM 5/2 GB KNIFE SET: CULINARY PRGM 1,240.88 GB PARKING: SISTER CITY VISIT 109.09 JAPAN: BUT GB MEMBERSHIP RENEWAL: TO BE 468.00 REFUNDED GB PROMO ITEMS: ICSC 400.00 GB RFRSHMNTS: CONST. TRAINING 190.63 PRGM 4/11 GB LODGING: DIGITAL SUMMIT: 312.84 BEMOLL GB RFRSHMNTS: TEMECULA 100.00 BUSINESS WEEK GB RFRSHMNTS: TEMECULA 358.65 BUSINESS WEEK GB MARKETING: SOCIAL MEDIA 12.95 GB RFRSHMNTS: TEMECULA 266.44 BUSINESS WEEK GB AIRFARE: ICSC CONF 80.00 GB LODGING: ICSC CONF: EDWARDS, 147.39 M. GB LODGING: ICSC CONF: BEMOLL, B. 147.39 GB LODGING: ICSC CONF: DAMKO, C. 147.39 GB RFRSHMNTS: CONST. TRAINING 200.63 PRGM: GB FACEBOOK PROMOTING CITY 5.00 GOVERNMENT MISC SUPPLIES & TOOLS: PREV 80.51 DOUBLE RIFLE CASE:: SRO: POLICE 176.64 BRUSH CLEARING SICKLE: POLICE 147.49 04/16-05/15 7,665.59 CELLULAR/BROADBAN D:CITYW I DE 4,365.45 404.64 7,665.59 Paget apChkLst Final Check List Page: 3 O6/20/2019 9:08:46AM CITY OF TEMECULA Bank: union UNION BANK Check # Date Vendor 6519 06/14/2019 018858 FRONTIER CALIFORNIA INC 6520 06/18/2019 005460 U S BANK 6521 06/17/2019 010276 TIME WARNER CABLE 6522 06/17/2019 010276 TIME WARNER CABLE 6523 06/03/2019 000537 SO CALIF EDISON 6524 06/03/2019 000537 SO CALIF EDISON 6525 06/03/2019 000537 SO CALIF EDISON 6526 05/22/2019 000537 SO CALIF EDISON 6527 06/03/2019 000537 SO CALIF EDISON 6528 06/03/2019 000537 SO CALIF EDISON 6529 06/03/2019 000537 SO CALIF EDISON 6530 06/03/2019 000537 SO CALIF EDISON 6531 06/03/2019 000537 SO CALIF EDISON 6532 06/03/2019 000537 SO CALIF EDISON 6533 06/03/2019 000537 SO CALIF EDISON 6534 06/03/2019 000537 SO CALIF EDISON 6535 06/03/2019 000537 SO CALIF EDISON (Continued) Description Amount Paid Check Total JUN INTERNET SVCS-EOC 143.67 143.67 COUNTY PROPERTY TAX SS2 3,617,246.18 3,617,246.18 REMITTANCE JUN INTERNET SVCS-40820 5.30 5.30 WINCHESTER RD JUN INTERNET SVCS-41000 MAIN ST 1,355.96 1,355.96 MAY 2-35-421-1260 41955 4TH ST 9.62 9.62 MAY 2-31419-2873 43000 HWY 395 10.43 10.43 MAY 2-29-657-2787 41638 10.54 10.54 WINCHESTER RD MAY 2-35-164-3242 44270 MEADOWS 10.54 10.54 PKWY MAY 2-35-164-3663 42335 MEADOWS 10.67 10.67 PKWY MAY 2-34-333-3589 41702 MAIN ST 10.73 10.73 MAY 2-35-164-3515 32932 LEENA WAY 10.79 10.79 MAY 2-29-807-1093 28079 DIAZ RD 10.79 10.79 MAY 2-29-807-1226 28077 DIAZ RD 10.81 10.81 MAY 2-31-031-2616 27991 DIAZ RD 11.27 11.27 MAY 2-31-282-0665 27407 DIAZ RD 11.27 11.27 MAY 2-35-164-3770 43487 BUTTEFIELD 11.91 11.91 STG MAY 2-21-981-4720 30153 TEM PKWY 13.80 13.80 Page:3 apChkLst Final Check List Page: 4 06/20/2019 9:08:46AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 6536 06/03/2019 000537 SO CALIF EDISON MAY 2-41-502-0478 28402 MERCEDES ST 6537 06/03/2019 000537 SO CALIF EDISON MAY 2-14-204-1615 30027 FRONT ST 6538 06/03/2019 000537 SO CALIF EDISON MAY 2-41-072-5246 29429 TEM PKWY 6539 06/03/2019 000537 SO CALIF EDISON MAY 2-31-536-3481 41902 MAIN ST 6540 06/03/2019 000537 SO CALIF EDISON MAY 2-28-904-7706 32329 OVERLAND TRL 6541 06/03/2019 000537 SO CALIF EDISON MAY 2-19-171-8568 28300 MERCEDES ST 6542 06/03/2019 000537 SO CALIF EDISON MAY 2-02-502-8077 43210 BUS PARK DR 6543 06/03/2019 000537 SO CALIF EDISON MAY 2-18-937-3152 28314 MERCEDES ST 6544 06/03/2019 000537 SO CALIF EDISON MAY 2-31-536-3655 41904 MAIN ST 6545 06/03/2019 000537 SO CALIF EDISON MAY 2-02-351-4946 41845 6TH ST 6546 06/03/2019 000537 SO CALIF EDISON MAY 2-31-912-7494 28690 MERCEDES ST 6547 06/03/2019 000537 SO CALIF EDISON MAY 2-29-224-0173 32364 OVERLAND TRL 6548 06/03/2019 000537 SO CALIF EDISON MAY 2-29-933-3831 43230 BUS PARK DR 6549 06/03/2019 000537 SO CALIF EDISON MAY 2-00-397-5042 43200 BUS PARK DR 6550 06/03/2019 000537 SO CALIF EDISON MAY 2-32-903-8293 41000 MAIN ST 6551 06/07/2019 001212 SO CALIF GAS COMPANY MAY 095-167-7907-2 30650 PAUBA RD 195906 06/20/2019 004802 ADLERHORST INTERNATIONAL police k-9 training & equip: tern police LLC Amount Paid Check Total 20.47 20.47 21.07 21.07 35.13 35.13 97.84 97.84 119.24 119.24 149.26 149.26 223.28 223.28 641.59 641.59 862.35 862.35 956.02 956.02 1,240.55 1,240.55 1,401.92 1,401.92 2,066.98 2,066.98 3,019.77 3,019.77 15,489.16 15,489.16 103.64 103.64 43.10 43.10 Page:4 apChkLst Final Check List Page: 5 06/20/2019 9:08:46AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 195907 06/20/2019 001517 AETNA BEHAVIORAL HEALTH JUN EMPLOYEE ASSISTANCE LLC, DBA AETNA RESOURCES PROGRAM:HR JUN EMPLOYEE ASSISTANCE PROGRAh 195908 06/20/2019 003951 ALL AMERICAN ASPHALT STREET MAINT: ASPHALT SUPPLIES STREET MAINT: ASPHALT SUPPLIES STREET MAINT: ASPHALT SUPPLIES STREET MAINT: ASPHALT SUPPLIES STREET MAINT: ASPHALT SUPPLIES 195909 06/20/2019 009374 ALLEGRO MUSICAL VENTURES PIANO TUNING/MAINT: THEATER DBA, ALLEGRO PIANO SERVICE PIANO TUNING/MAINT: THEATER PIANO TUNING: MPSC 195910 06/20/2019 009787 ALTEC INDUSTRIES INC BOOM TRUCK REPAIRS 195911 06/20/2019 000936 AMERICAN RED CROSS, LIFEGUARD TRAINING HEALTH AND SAFETY SVCS ITEMS:AQUATICS SUPPLIES:CRC LIFEQUARD TRAINING ITEMS:AQUATICS 195912 06/20/2019 002187 ANIMAL FRIENDS OF THE MAY ANIMAL CNTRL SVCS: TEMECULA VALLEYS JUN ANIMAL CNTRL SVCS: TEMECULA APR ANIMAL CNTRL SVCS: TEMECULA 195913 06/20/2019 013950 AQUA CHILL OF SAN DIEGO JUN DRINKING WATER SYS MAINT: POLICE JUN DRINKING WATER SVCS: INFO TECI 195914 06/20/2019 004623 AQUA SOURCE INC POOL SUPPLIES: TES POOL 195915 06/20/2019 016524 ARMSTRONG TEMECULA Container planting:TVM 195916 06/20/2019 021281 ARRIAGA, SILVIA REFUND: SEC DEPOSIT TCC 6/8/19 195917 06/20/2019 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY BOOK COLLECTIONS:LIBRARY Amount Paid Check Total 246.40 1,276.00 1,522.40 174.99 336.15 416.50 550.98 505.06 1,983.68 3,700.00 185.00 185.00 4,070.00 2,641.69 2,641.69 185.00 600.00 37.00 822.00 10,000.00 10,000.00 10,000.00 30,000.00 56.57 28.28 84.85 3,315.79 3,315.79 198.40 198.40 200.00 200.00 136.40 687.57 81.64 21.94 59.90 14.66 47.72 20.71 29.76 85.65 1.185.95 Page:5 apChkLst Final Check List Page: 6 06/20/2019 9:08:46AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 195918 06/20/2019 015592 BAMM PROMOTIONAL UNIFORMS:AQUATICS STAFF PRODUCTS INC 195919 06/20/2019 018101 BARN STAGE COMPANY INC STTLMNT: MAGIC AT THE MERC: 6/16 195920 06/20/2019 017788 BARTEL ASSOCIATES LLC OPEB CONSULTING SVCS: FINANCE DEPT 195921 06/20/2019 013482 BAS SECURITY SECURITY SVCS:VARI SPECIAL EVENTS 195922 06/20/2019 005716 BIRTH CHOICE OF TEMECULA FY 18/19 DISCRETIONARY GRANT INC FUND: MN 195923 06/20/2019 019559 BMW MOTORCYCLES OF VEH MAINT & REPAIR: TEMECULA RIVERSIDE POLICE VEH MAINT & REPAIR: TEMECULA POLIC VEH MAINT & REPAIR: TEMECULA POLIC VEH MAINT & REPAIR: TEMECULA POLIC VEH MAINT & REPAIR: TEMECULA POLIC 195924 06/20/2019 001035 C RAND R INC Trash containers: Homeless encampment 195925 06/20/2019 001054 CALIF BUILDING OFFICIALS, PLAN CK SOLAR PHOTOVOLTAIC (CALBO) CLASS: WOOD, 195926 06/20/2019 004248 CALIF DEPT OF DOJ FINGERPRINTING SRVCS:POLICE JUSTICE-ACCTING MAY FINGERPRINTING SVCS: VARI DEP" 195927 06/20/2019 004241 CALIF DEPT OF STATE REMITTANCE OF AB1379 - QE MAR ARCHITECT 2019 195928 06/20/2019 004241 CALIF DEPT OF STATE REMITTANCE OF SB1186 - QE MAR ARCHITECT 2019 195929 06/20/2019 004462 CDW LLC, DBA CDW MISC SMALL TOOLS & EQUIPJNFO GOVERNMENT LLC TECH PRINTER PURCHASE - FIRE PREV 195930 06/20/2019 021182 CHANNEL CRAFT AND, Merchandise Items:TVM Gift Shop DISTRIBUTION INC 195931 06/20/2019 020201 CIRCLE OF SAFE-T INC SART EXAMS: TEMECULA POLICE SART EXAMS: TEMECULA POLICE SART EXAMS: TEMECULA POLICE SART EXAMS: TEMECULA POLICE SART EXAMS: TEMECULA POLICE Amount Paid Check Total 799.53 799.53 462.00 462.00 2,327.00 2,327.00 5,000.00 5,000.00 2,000.00 2,000.00 655.36 229.04 656.00 1,258.63 509.59 3,308.62 1,094.82 1,094.82 500.00 500.00 15.00 5,347.00 5,362.00 1,526.00 1,526.00 4.50 4.50 239.43 433.91 673.34 543.51 543.51 1,200.00 800.00 300.00 1,200.00 1,200.00 4,700.00 Page6 apChkLst 06/20/2019 9:08:46AM Final Check List CITY OF TEMECULA Page: 7 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 195932 06/20/2019 017429 COBRAADVANTAGE INC, DBA MAY FSA & COBRA ADMIN FEES: HR 568.00 568.00 THE ADVANTAGE GROUP 195933 06/20/2019 000442 COMPUTER ALERT SYSTEMS ALARM SVC CALL: TVM 75.00 75.00 195934 06/20/2019 021230 CONSOLIDATED ELECTRICAL wireless lighting control system 600,300.00 600,300.00 DISTR, DBA CALIF ELECTRIC SUPPLY 195935 06/20/2019 004329 COSTCO TEMECULA 491 MISC SUPPLIES:AQUATICS PGRM 794.61 SUPPLIES:HIGH HOPES EVENTS 320.77 OFC & BLDG SUPPLIES: MRC 1,012.06 2,127.44 195936 06/20/2019 017038 CPS HR CONSULTING CONSULTING SVCS: HR DEPT 2,312.50 2,312.50 195937 06/20/2019 010650 CRAFTSMEN PLUMBING & STATION REPAIR: STA95 4,381.50 HVAC INC PLUMBING REPAIR - STA 92 789.51 MAIN ST LOT: INSTALL OUTLETS 2,012.50 7,183.51 195938 06/20/2019 017627 CSU SAN MARCOS ENV LEADERSHIP ACADEMY: JONES 625.00 625.00 ENVIRONMENTAL 195939 06/20/2019 021280 DAN HENDERSON ATHLETIC, MEMBERSHIP: FIRE PERSONNEL 720.00 720.00 FITNESS CENTER 195940 06/20/2019 004285 DAVE BANG & ASSOCIATES HARVESTON LAKE PK:TRASH 11,761.21 11,761.21 INC RECEPTACLES 195941 06/20/2019 002990 DAVID TURCH AND JUN'19 FEDERAL LOBBYING SVCS 3,500.00 3,500.00 ASSOCIATES 195942 06/20/2019 020648 DG INVESTMENT HOLDINGS 2 FIELD OPS CENTER: CARD READERS 2,078.00 2,078.00 INC, CONVERGINT TECHNOLOGIES 195943 06/20/2019 017928 DOMINGUEZ, JOAQUIN REFUND: ENG DEPOSIT 31466 3,000.00 3,000.00 JEDEDIAH Page-7 apChkLst O6/20/2019 9:08:46AM Final Check List CITY OF TEMECULA Page: 8 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 195944 06/20/2019 004192 DOWNS ENERGY FUEL FUEL FOR CITY VEHICLES: PUBLIC 56.19 WORKS FUEL FOR CITY VEHICLES: FIRE DEPT 84.67 FUEL FOR CITY VEHICLES: STREET MAI 611.04 FUEL FOR CITY VEHICLES: PARK MAINT 947.32 FUEL FOR CITY VEHICLES: CODE ENFOI 99.08 FUEL FOR CITY VEHICLES: BLDG INSPE 152.24 FUEL FOR CITY VEHICLES: POLICE DEP 33.83 FUEL FOR CITY VEHICLES: POLICE DEP' 74.64 FUEL FOR CITY VEHICLES: INFO TECH 32.11 FUEL FOR CITY VEHICLES: TRAFFIC DIV 110.62 FUEL FOR CITY VEHICLES: TCSD 628.67 2,830.41 195945 06/20/2019 021157 ENDURING FITNESS 4U TCSD INSTRUCTOR EARNINGS 105.00 105.00 195946 06/20/2019 015330 FAIR HOUSING COUNCIL, OF MAY CDBG SUB -RECIPIENT: FAIR 2,028.08 2,028.08 RIVERSIDE COUNTY INC HOUSING SVC 195947 06/20/2019 000165 FEDERAL EXPRESS INC 5/30 EXP MAIL SVCS: POLICE 10.86 10.86 195948 06/20/2019 021288 FREEMAN, NICKI REFUND: ADJUSTMT FOR OVERPMT 320.00 320.00 338961 195949 06/20/2019 014865 FREIZE UHLER KIMBERLY DBA, PROMO ITEMS; ECO DEV 1,396.49 1,396.49 CLEAR BLUE PROMOTIONS 195950 06/20/2019 012066 GEOCON WEST INC 2/25-3/24 GEOTECH SVCS: PW18-02 5,022.00 5,022.00 195951 06/20/2019 000177 GLENNIES OFFICE PRODUCTS OFC SUPPLIES:CRC, CHS & TES POOL 488.27 INC OFC SUPPLIES:CRC, CHS & TES POOL 21.15 File cabinet:CRC 430.01 MISC OFC SUPPLIES: FINANCE 108.06 MISC OFC SUPPLIES: FINANCE 100.96 MISC OFC SUPPLIES: CITY CLERK 323.60 MISC OFC SUPPLIES: PW - CIP 272.21 MISC OFC SUPPLIES: CITY CLERK -3.46 MISC OFC SUPPLIES: CITY CLERK -30.77 OFC SUPPLIES -PLANNING 31.97 1,742.00 195952 06/20/2019 014173 GOLDSTAR ASPHALT VARIOUS PARKS: RED CURB PAINT 999.38 999.38 PRODUCTS, DBA NPG CORPORATION 195953 06/20/2019 000175 GOVERNMENT FINANCE MEMBERSHIP RENEWAL: SNIDER, J. 150.00 150.00 OFFICERS, ASSOCIATION, GFOA Page.-8 apChkLst 06/20/2019 9:08:46AM Final Check List CITY OF TEMECULA Page: 9 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 195954 06/20/2019 000186 HANKS HARDWARE INC MAINT SUPPLIES: VARI PARKS 33.66 MAINT SUPPLIES: VARI PARKS 12.33 MAINT SUPPLIES: VARI PARKS 27.18 MAINT SUPPLIES: VARI PARKS 27.15 MAINT SUPPLIES: VARI PARKS 67.34 MAINT SUPPLIES: OLD TOWN 48.86 VARI TOOLS & EQPMNT:TVM & ACE 24.47 MISC SUPPLIES:AQUATICS PGRM 244.18 VARI TOOLS & EQUIPMENT:TVM & ACE 25.94 SMALL TOOLS & EQUIP:HARVESTON PA 342.56 HARDWARE SUPPLIES: MEDIC 68.90 EQUIPMENT:SPORTS 684.22 SMALL TOOLS & EQUIP: HARVESTON PP 1,059.23 MAINT SUPPLIES: CIVIC CTR 18.20 MAINT SUPPLIES: CIVIC CTR 24.41 MAINT SUPPLIES: TCC 58.38 MAINT SUPPLIES: TCC 3.90 Misc. small tools & equip: pw traffic 94.24 MISC SUPPLIES: PW-STREET MAINT 88.42 TOOLS & EQUIP:HARVESTON PARK 11.71 2,965.28 195955 06/20/2019 020857 HOLLINGSWORTH, LEONARD REIMB: 10TH ANNUAL GANG CONF: 86.46 86.46 5/29-5/31 195956 06/20/2019 010210 HOME DEPOT SUPPLY INC MAINT SUPPLIES: CRC 374.27 MAINT SUPPLIES: CRC 21.00 MAINT SUPPLIES: CRC 154.83 550.10 195957 06/20/2019 006914 INNOVATIVE DOCUMENT COPIER SUPPLIES: CENTRAL SVCS 1,345.24 1,345.24 SOLUTIONS 195958 06/20/2019 015673 JDS VIDEO & MEDIA VIDEOGRAPHY &D PRODUCTION 3,200.00 3,200.00 PRODUCTIONS SVCS 195959 06/20/2019 001091 KEYSER MARSTON MAY REAL ESTATE, HOUSING, ECO 6,498.75 ASSOCIATES INC CONSULT MAY AFFORDABLE HOUSING ANALYSIS: 5,795.00 12,293.75 195960 06/20/2019 001282 KNORR SYSTEMS INC VARI PARTS: CRC POOL 182.30 VARI PARTS: CRC POOL 1,430.82 1,613.12 195961 06/20/2019 021286 LEE, TINA PERFORMANCE: KODI LEE: STATE OF 599.99 599.99 THE CITY 195962 06/20/2019 004230 LINCOLN EQUIPMENT INC POOL EQUIPMENT:AQUATICS 474.30 POOL EQUIPMENT:AQUATICS 595.97 POOL EQUIPMENT:AQUATICS 684.37 POOL EQUIPMENT:AQUATICS 464.91 2,219.55 Page9 apChkLst Final Check List Page: 10 06/20/2019 9:08:46AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 195963 06/20/2019 011145 LODATO JILL CHRISTINE, DBA TCSD INSTRUCTOR EARNINGS BRIGHT START FOR KIDS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 195964 06/20/2019 018253 LOPEZ, OSCAR REIMB: SUPPLIES: INFO TECH 195965 06/20/2019 004813 M AND J PAUL ENTERPRISES RENTAL GAMES:VARI SPECIAL INC, DBA JOLLY JUMPS EVENTS 195966 06/20/2019 003782 MAIN STREET SIGNS, DBA CITY SEAL STICKERS:SPORTS ATHACO INC 195967 06/20/2019 004141 MAINTEX INC PARK SITES CUSTODIAL SUPPLIES 195968 06/20/2019 014431 MARTLAND, BETTE B ART PURCHASE:SISTER CITY 195969 06/20/2019 011956 MATTHEWS, AARON REIMB: LUCITY USER GROUP MTG 6/6/19 195970 06/20/2019 018675 MDG ASSOCIATES INC APR CDBG ADMIN SVCS: PLANNING APR LABOR COMPLIANCE SVCS 195971 06/20/2019 015259 MERCURY DISPOSAL RECYCLING FEES:CLASS II SYSTEMS INC BATTERIES 195972 06/20/2019 018314 MICHAEL BAKER BIOLOGICAL STUDIES: PW15-14 INTERNATIONAL MAR DSGN SVCS: PECHANGA: PW15-14 195973 06/20/2019 021225 MICHAELSEN, TONI REIMB: RFRSHMNTS: TRAFFIC STAFF 6/14 195974 06/20/2019 005690 MICHELLE'S PLACE WOMENS FY 18-19 DISCRETIONARY GRANT BREAST, CANCER RESOURCE FUNDING:ZS CENTER 195975 06/20/2019 013443 MIDWEST TAPE LLC BOOKS/COLLECTIONS:LIBRARY 195976 06/20/2019 013827 MIKO MOUNTAINLION INC MAIN STREET LOT IMPROVEMENTS 195977 06/20/2019 012264 MIRANDA, JULIO C TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS Amount Paid Check Total 2,394.00 5,684.00 770.00 924.00 9,772.00 126.11 126.11 1,840.00 1,840.00 242.44 242.44 755.27 755.27 858.86 858.86 54.52 54.52 5,535.00 205.00 5,740.00 215.84 215.84 11,902.55 6,004.84 17,907.39 129.85 129.85 1,000.00 1,000.00 71.86 71.86 21,022.00 21,022.00 604.80 672.00 268.80 1,545.60 Page:10 apChkLst Final Check List Page: 11 O6/20/2019 9:08:46AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 195978 06/20/2019 004043 MISSION ELECTRIC SUPPLY MAIN STREET LOT: ELECTRICAL INC SUPPLIES 195979 06/20/2019 016445 MKB PRINTING & BUSINESS CARDS: WOOTEN, MIKE PROMOTIONAL INC, DBA MINUTEMAN PRESS 195980 06/20/2019 004040 MORAMARCO, ANTHONY J, TCSD INSTRUCTOR EARNINGS DBA BIGFOOT GRAPHICS TCSD INSTRUCTOR EARNINGS 195981 06/20/2019 021289 ODEN, CHARLES REIMB: INT'L CRIME ASSOC INSTRUCTOR 195982 06/20/2019 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES: PW DEPTS DIV BUSINESS CARDS: BC 195983 06/20/2019 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PW STREETS CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PW STREET 195984 06/20/2019 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PW STREETS 195985 06/20/2019 008871 ORIGINAL WATERMEN INC LIFEGUARD UNIFORMS:AQUATICS LIFEGUARD UNIFORMS:AQUATICS 195986 06/20/2019 003155 PRICE CHOPPER INC PUBLIC SWIM WRISTBANDS:AQUATICS 195987 06/20/2019 019015 PROJECT RADIAN, DBA GEARS TCSD INSTRUCTOR EARNINGS 2 ROBOTS TCSD INSTRUCTOR EARNINGS 195988 06/20/2019 021026 QUESTICA LTD SYSTEM AND REPORT CUSTOM IZATION:FINANCE SYSTEM AND REPORT CUSTOMIZATION 195989 06/20/2019 020127 QUINN COMPANY REPLACE AIR FILTER - STATION 84 GENERATOR MAINT SRVC: STA 84 195990 06/20/2019 018831 RADEECAL INC CERT TRAILER WRAP - TCC 195991 06/20/2019 002412 RICHARDS WATSON AND APR 2019 LEGAL SERVICES GERSHON 195992 06/20/2019 000353 RIVERSIDE CO AUDITOR, MAY'19 PRKG CITATION CONTROLLER ASSESSMENTS Amount Paid Check Total 1,870.43 1,870.43 142.39 142.39 1,813.00 805.00 2,618.00 78.43 78.43 454.11 18.25 472.36 1,629.06 338.43 285.53 221.18 2,474.20 326.27 326.27 3,777.72 228.44 4,006.16 700.00 700.00 1,596.00 1,008.00 2,604.00 5,150.00 3,600.00 8,750.00 408.61 808.35 1,216.96 3,624.06 3,624.06 80,059.50 80,059.50 3,162.00 3,162.00 Page:11 apChkLst 06/20/2019 9:08:46AM Final Check List CITY OF TEMECULA Page: 12 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 195993 06/20/2019 014027 RIVERSIDE CO ECO DEV APR-JUN'19 STAFFING:LIBRARY 41,860.00 41,860.00 AGENCY, LIBRARY DIV 195994 06/20/2019 000411 RIVERSIDE CO FLOOD 18/19 COST SHARE S.MARG NPDES 407,047.13 407,047.13 CONTROLAND, WATER PERMIT CONSERVATION DIST 195995 06/20/2019 000406 RIVERSIDE CO SHERIFFS FY18/19 RATE ADJ/LAW 493,772.13 DEPT ENFORCEMENT 3/28-4/24 LAW ENFORCEMENT 2,360,277.72 2,854,049.85 195996 06/20/2019 000406 RIVERSIDE CO SHERIFFS APR BOOKING FEES:POLICE 44,253.88 44,253.88 DEPT 195997 06/20/2019 017446 ROSE AGAIN FOUNDATION FY18/19 COUNCIL (JS) CSF-HAPEY 750.00 PRGM FY18/19 COUNCIL (ME) CSF-HAPEY PRG 750.00 FY18/19 COUNCIL (MN) CSF-HAPEY PRG 1,000.00 2,500.00 195998 06/20/2019 008739 ROSE CITY LABEL, AKA THE PROMO ITEMS:FIRE PREVENTION 730.00 730.00 BADGER 195999 06/20/2019 000277 S ANDS WORLDWIDE INC RECREATION SUPPLIES:CRC DAY 65.22 65.22 CAMP 196000 06/20/2019 009980 SANBORN GWYNETH A, CO COUNTRY LIVE! @ THE MERC 6/15/19 916.25 916.25 TEMECULA MUSIC ACADEMY 196001 06/20/2019 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY SRVCS:STATE OF THE 200.00 PRESTON CITY 5/30 PHOTOGRAPHY SRVCS:COUNCIL POLIC 100.00 PHOTOS FOR STATE OF THE CITY 2019 1,450.00 PHOTOGRAPHY SRVCS:KODI LEE AGT 2 150.00 1,900.00 196002 06/20/2019 013376 SECURITY SIGNAL DEVICES SECURITY SYSTEM MAINT:PARKING 845.00 INC, SSD SYSTEMS STRUCTURE SECURITY SYSTEM MAINT:CIVIC CENTE 845.00 1,690.00 196003 06/20/2019 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 6/13/19 700.00 700.00 196004 06/20/2019 000645 SMART AND FINAL INC SUPPLIES:HUMAN SRVCS PRGM 105.79 105.79 196005 06/20/2019 019498 SMARTSIGN POOLSIGNS:AQUATICS 1,104.33 1,104.33 196006 06/20/2019 000519 SOUTH COUNTY PEST PEST CONTROL SRVCS: STA 92 42.00 CONTROL INC MAY PEST CONTROL SRVCS:CITY FACS 881.00 923.00 196007 06/20/2019 002015 STAR WAY SYSTEMS PROJECTOR 2,020.00 2,020.00 CORPORATION, DBA SO CALIF RENTAL/SRVCS:PECHANGA PUESKA SOUND Page:12 apChkLst O6/20/2019 9:08:46AM Final Check List CITY OF TEMECULA Page: 13 Bank: union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 196008 06/20/2019 002366 STEAM SUPERIOR CARPET CARPET CLEANING SRVCS: STA 73 600.00 CLEANING CARPET CLEANING SRVCS: STA 95 650.00 CARPET CLEANING SRVCS: STA 84 815.00 2,065.00 196009 06/20/2019 003599 TY LIN INTERNATIONAL 3130-4/26 CONSULT 121,474.12 121,474.12 SRVCS:F.V.PKWY/1-15 196010 06/20/2019 010679 TEMECULAAUTO VEH MAINT & REPAIR:TCSD 76.80 76.80 REPAIR/RADIATOR, DBAAUTO ENTERPRISE INC 196011 06/20/2019 017131 TEMECULA HILLS CHRISTIAN, REFUND: SEC DEP HARV PK 7/7/19 245.00 245.00 FELLOWSHIP 196012 06/20/2019 005970 TEMECULA VALLEY PLAYERS "20TH CENTURY LEGENDS OF LAS 2,418.69 2,418.69 VEGAS" 6/12 196013 06/20/2019 021236 TEMECULAYOUTH SPORTS TCSD INSTRUCTOR EARNINGS 1,700.00 1,700.00 LEAGUES 196014 06/20/2019 000668 TIMMY D PRODUCTIONS INC DJ/ANNOUNCER SVCS:MOVIES... PARK 1,400.00 1,400.00 6/14 196015 06/20/2019 019100 TNT ENTERTAINMENT GROUP DJ/ANNOUNCER SVCS:SMR CONCERT 3,050.00 3,050.00 LLC 6/13 196016 06/20/2019 007766 UNDERGROUND SERVICE MAY DIG SAFE BOARD BILLABLE 128.13 128.13 ALERT, OF SOUTHERN TICKETS:PW CALIFORNIA 196017 06/20/2019 012549 UPODIUM, AKA JOHN VEHICLE MAINT SUPPLIES: STA 84 108.22 108.22 FONTEYN 196018 06/20/2019 019793 URBANE CAFE, TGH REFRESHMENTS:T. MUSEUM EVENT 275.00 275.00 ENTERPRISES LLC 6/21 196019 06/20/2019 008977 VALLEY EVENTS INC RENTALS:STREET PAINTING FESTIVAL 9,340.00 9,340.00 6/8-9 196020 06/20/2019 014848 VALUTEC CARD SOLUTIONS MAY TICKETING SRVCS:THEATER 101.96 101.96 LLC 196021 06/20/2019 018995 VILLANUEVA, CHRISTOPHER TCSD INSTRUCTOR EARNINGS 1,274.00 1,274.00 196022 06/20/2019 021239 VILLARREAL, JOSE REIMB:IRRIG ASSN CERT/LICENSE 125.00 125.00 RENEWAL Page:13 apChkLst Final Check List Page: 14 O6/20/2019 9:08:46AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check # Date Vendor Description 196023 06/20/2019 009101 VISION ONE, INC., DBA: MAY SHOWARE TICKETING ACCESSO SHOWARE SRVCS:THEATER 196024 06/20/2019 018474 VIVINT SOLAR DEVELOPER REFUND: APN 920-052-005 LLC 196025 06/20/2019 007987 WALMART OFFICE SUPPLIES:CONTRACTED CLASSES RECREATION SUPPLIES:CRC SUPPLIES:CRC SPECIAL EVENTS SUPPLIES:CRC SPECIAL EVENTS SUPPLIES:AQUATICS & SPECIAL EVENT 196026 06/20/2019 001342 WAXIE SANITARY SUPPLY INC CLEANING SUPPLIES:MPSC/THEATER/CIVIC CNT 196027 06/20/2019 020511 WEST COAST TRAINING TCSD INSTRUCTOR EARNINGS CENTER 196028 06/20/2019 008402 WESTERN RIVERSIDE CO MAY'19 MSHCP PAYMENT REG, CONSERVATION AUTHORITY 196029 06/20/2019 021148 WEX BANK 5/7/19-6/6/19 FUEL USAGE:POLICE Amount Paid Check Total 3,694.60 3,694.60 122.88 122.88 406.33 267.23 214.43 295.90 2,044.87 3,228.76 2,971.23 2,971.23 2,112.00 2,112.00 16,832.00 16,832.00 1,626.09 1,626.09 Grand total for UNION BANK: 8,118,096.11 Page:14 apChkLst Final Check List Page: 15 06/20/2019 9:08:46AM CITY OF TEMECULA 162 checks in this report. Grand Total All Checks: 8,118,096.11 Page:15 Item No. 4 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: July 9, 2019 SUBJECT: Adopt Ordinance 19-10 Amendment to Chapter 5.22 of the Temecula Municipal Code, Massage and Massage Establishments (At the Request of Subcommittee Members Council Members Edwards and Rahn) (Second Reading) PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council adopt an ordinance entitled: ORDINANCE NO. 19-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 5.22, MASSAGE AND MASSAGE ESTABLISHMENTS, OF THE TEMECULA MUNICIPAL CODE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 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. With the exception of urgency ordinances, Government Code Section 36934 requires two readings of standard ordinances more than five days apart. Ordinances must be read in full at the time of introduction or passage unless a motion waiving the reading is adopted by a majority of the City Council present. Ordinance No. 19-10 was first introduced at the regularly scheduled meeting of June 25, 2019. FISCAL IMPACT: None ATTACHMENTS: Ordinance ORDINANCE NO. 19-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 5.22, MASSAGE AND MASSAGE ESTABLISHMENTS, OF THE TEMECULA MUNICIPAL CODE AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code is hereby amended in full to read as follows: "5.22.010: Purpose and authority. 5.22.020: Definitions. 5.22.030: CAMTC certification required. 5.22.040: Massage establishment permit required. 5.22.050: Maximum number of massage establishments. 5.22.060: Application for massage establishment permit. 5.22.070: Massage establishment permit issuance and denial. 5.22.080: Requirements applicable to the operation of massage establishments. 5.22.090: Requirements applicable to the operation of outcall services. 5.22.100: Transfers and changes of business. 5.22.110: Fees. 5.22.120: Exemptions. 5.22.130: Duration and renewal of permits. 5.22.140: Revocation, permit denial and appeal. 5.22.150: Violation and penalty. 5.22.160: Application to existing businesses. 5.22.010 Purpose and authority. It is the purpose and intent of this Chapter to protect the health, safety and welfare of the citizens of the City, while recognizing massage as a legitimate business interest that provides benefits to its patrons in a therapeutic setting. The California State Legislature has implemented uniform statewide regulations pertaining to individuals who are certified by the California Massage Therapy Council, now codified in Chapter 10.5 of Division 2 of the California Business and Professions Code at Section 4600, et seq. (the "Massage Therapy Act"), which created a statewide system for issuing certificates to massage therapists and massage practitioners. The City is authorized to regulate massage establishments pursuant to the State Constitution and provisions of Government Code §§ 37100, 51030. et seq., and Business and Professions Code §§ 460, 16000, 4600 through 4621. This Chapter provides certain minimum standards for the operation of massage establishments, their managing employees, and massage therapists and massage practitioners. There is a continued need for local regulations because there is significant risk of injury to massage patrons by improperly trained or educated massage service providers, and the City has a legitimate interest in providing reasonable safeguards against injury and economic loss to such massage patrons. In addition, the City wishes to promote the ethical practice of massage therapy as an important healing art, and to prevent and discourage the misuse of massage therapy as an opportunity for acts of prostitution and other unlawful sexual activity. Courts have long recognized massage as a closely and pervasively regulated activity and that some massage establishments are brothels in disguise. The City Council recognizes that massage establishments may have a serious deleterious effect upon adjacent areas, as well as the areas in which they are located, when illegal activities such as pandering or prostitution can occur. The City Council understands that illegal activities occurring in massage establishments often incorporate the exploitation of women and new immigrants to this country. Over the last few years, there have been numerous news articles linking some massage establishments throughout the country with human trafficking operations. Local regulation is also necessary to prevent adverse secondary effects in the community such as blight, disease, litter, the deterioration of neighborhoods and commercial districts, and other secondary effects. Reasonable standards for issuance of permits and restrictions on massage operations will serve to reduce the risk of illegal activity and would thereby benefit the public health. 5.22.020 Definitions. Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this Chapter. "Applicant" means an owner or operator filing an application for a massage establishment permit. "CAMTC" means the California Massage Therapy Council created by Business and Professions Code Sections 4600, et seq., or any other subsequently created State organization or entity that regulates massage therapists. "CAMTC Certificate" means a current and valid certificate issued by the CAMTC to a massage practitioner or massage therapist. "Chief of Police" means and includes the captain of the Riverside County Sheriff's Department currently designated by the sheriff as the command officer responsible for the City of Temecula, or any other representative as designated by the City Manager. "City" means the City of Temecula. "City Council" means and includes the City Council of the City of Temecula. "City Manager" means and includes the City Manager of the City of Temecula or his or her designated representative. "Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value. "Conviction" or "convicted" means and includes a conviction following a plea or verdict of guilty, or plea of nolo contendere (no contest). "Days" means and includes calendar days, unless otherwise specifically stated in the text. "Employ" means and includes the act of employing employees and/or contracting with independent contractors. "Employee" means and includes every owner, partner, manager, supervisor, and any other person, whether paid or not, who renders massage services, or engages in activities that further massage services, of any nature in connection with the operation of a massage establishment, or upon the premises of a massage establishment. The term Employee shall also include massage professionals who provide massage services, whether as independent contractors or otherwise, in or for a massage establishment. Employee also includes receptionists, janitorial staff, and any other person who works at the massage establishment. "Manager" or "on duty manager" means and includes the person(s) designated by the owner or operator of the massage establishment, to act as the representative and agent of the owner or operator in managing day-to-day operations with the same liabilities and responsibilities. Evidence of management includes, but is not limited to, evidence that the individual has power to direct or hire and dismiss employees, control hours of operation, create policy or rules or purchase supplies. A manager may also be an owner or operator. "Massage" means the scientific manipulation of the soft tissues of the human body. "Massage establishment" means a fixed location where massage is performed for compensation, excluding those locations where massage is only provided on an out -call basis. "Massage practitioner" means a person who is currently certified as a massage practitioner by the CAMTC in accordance with Business and Professions Code Section 4604.2 and who administers massage for compensation. "Massage professional" means a massage practitioner or massage therapist. "Massage therapist" means a person who is currently certified by the CAMTC pursuant to Business and Professions Code Section 4604 and who administers massage for compensation. "Operator" means and includes any owner or other person who operates a massage establishment. "Outcall massage" means any massage performed or administered for compensation by a state certified massage professional at a location in the City other than at a massage establishment. "Owner" means and includes any person (1) whose name appears on the City business license for a massage establishment or (2) who has any ownership interest in a massage establishment including, but not limited to, any of the following Persons: the sole proprietor of a sole proprietorship; any general or limited partner of a general or limited partnership; any person who has a five percent or greater ownership interest in a corporation that owns a massage establishment; any member or manager of a limited liability company; or any person who has an ownership interest in any other type of business association that owns a massage establishment. "Permit" means a massage establishment permit issued pursuant to this Chapter. "Permit holder" means any owner of a massage establishment that has obtained a permit to operate within the City pursuant to Section 5.22.070. "Person" means and includes any individual, firm, corporation, partnership, association or other group or combination of individuals of whatever form or character. "Police department" means and includes the Riverside County Sheriff's Department, acting pursuant to its law enforcement contract with the City of Temecula, or any other law enforcement agency designated by the City Manager. "Property" means the premises where the massage establishment is located. If the massage establishment is located within a commercial complex, property does not mean the entire complex but rather the specific suite where the message establishment is located. "Recognized school of massage" means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5, as currently drafted or as may be amended. 5.22.030 CAMTC certification required. A. It shall be unlawful for any person to provide massage for compensation within the City unless that person is a massage professional in good standing and is certified by the CAMTC. B. It shall be unlawful for a massage establishment to employ or retain any person to provide massage for compensation, including any outcall massage, unless that person is a massage professional in good standing and is certified by the CAMTC. 5.22.040 Massage establishment permit required. A. It is unlawful for any person to engage in, operate, conduct or carry on, in or upon any premises, a massage establishment without first obtaining a massage establishment permit pursuant to this Chapter, securing the necessary business license as required by this code, and complying with Title 5 of this code. A separate permit shall be obtained for each separate massage establishment operated by such person. B. A permit to operate a massage establishment shall be valid for a period of one year and shall expire in conjunction with the business license. 5.22.050 Maximum number of massage establishments. A. The maximum number of massage establishments within the City shall not exceed one (1) massage establishment per every 10,000 inhabitants of the City, with any fraction of that ratio being rounded down to the nearest whole number. For purposes of this section, the total number of inhabitants of the City shall be determined by the most current published data available from the California State Department of Finances, as of the date an application for a massage establishment permit is filed. B. Subsection A above shall not apply to any athletic club, health club, school, gymnasium, state licensed cosmetology or barber establishment, reducing salon, day spa or similar establishment where massage or similar manipulation of the human body is offered as an ancillary service, and that (1) operates with a valid and current business license issued by the City, and (2) has a valid massage establishment permit if required by this Chapter. For purposes of this subsection, "ancillary service" shall be those services where less than 50% of the gross floor area of the business is devoted to massage. Restrooms, breakrooms, and lobby areas do not count towards the calculation of the gross floor area as set forth in this subsection; only the treatment rooms where massage is performed count towards the calculation of the gross floor area of the business that is devoted to massage. C. If there is no lapse in the timely renewal of a City business license and permit as required under this Chapter, massage establishments operating with a valid and current business license and permit issued by the City as of August 1, 2019, and that operate in compliance with all local, State and Federal laws, ordinances, rules and regulations, may continue to operate in the City even if the number of massage establishments exceed the maximum number of massage establishments permitted in the City pursuant to subsection A above. D. Any owner that meets the requirements of subsection C above may sell or transfer the massage business, but the new owner of the massage business shall apply and obtain a massage establishment permit before the new owner or operator begins operating the massage establishment. If the massage business that is sold or transferred does not have a history of violating any provisions of the Chapter for at least one year preceding the date of sale or transfer of the business, the business may obtain a massage establishment permit to operate in the City even if the number of massage establishments exceed the maximum number of massage establishments permitted in the City pursuant to subsection A above, as long as the business meets all the requirements of Section 5.22.070. 5.22.060 Application for massage establishment permit. A. All persons desiring a permit for a massage establishment shall file a written application on the required form available at the City's Planning Department. The application, to be signed under penalty of perjury, shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the operator of the proposed massage establishment, if a sole proprietorship; one general partner, if the operator W is a partnership; one officer or one director, if the operator is a corporation; and one participant, if the operator is a joint venture. The application for a permit does not authorize operation of a massage establishment unless and until such permit has been properly granted. The application shall contain or be accompanied by the following information: I. The type of ownership of the business; for example, whether an individual, partnership, or corporation. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent of the stock of that corporation. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If the business is a limited partnership, it shall furnish a copy of its certificate of limited partnership filed with the Secretary of State. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply; 2. The precise name under which the massage establishment is to be conducted; 3. The complete address, all telephone numbers, and email address of the massage establishment; 4. Whether massage professionals employed by the massage establishment will perform outcall massage services; 5. A complete current list of the names, residence addresses and copy of driver's license or other picture identification card issued by a governmental authority, of all proposed massage professionals, managers, operators, and employees of the massage establishment; 6. For each person who will be providing massage at the massage establishment, a copy of his or her CAMTC Certificate and a copy of his or her current CAMTC issued identification card; 7. A description of any other business operated on the same premises or within the City or the state of California that is owned or operated by the applicant; 8. The following personal information concerning the applicant: a. Full complete name and all aliases used by the applicant, b. Current address and all previous residential addresses for eight years immediately preceding the present address of the applicant, C. Acceptable proof that the applicant is at least eighteen years of age, d. Proof of legal residency and/or the ability to legally work in the United States, 6 e. The applicant's complete business, occupation and employment history for eight years preceding the date of application, including, but not limited to, the massage or similar business history and experience of the applicant, f. The complete massage permit history of the applicant, whether such person has ever had any permit, license, or certification to conduct a massage business issued or denied by any governmental authority; the date of issuance of such a permit or license, whether the permit or license was denied, revoked or suspended; and the reason therefor, g. Whether the applicant has ever had a massage therapist or massage practitioner permit, license, or certification denied, revoked or suspended by the CAMTC, and the reason therefor, h. All criminal convictions occurring in any state or country, including convictions resulting from any plea of nolo contendere (no contest), within the last ten years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding infraction traffic violations, and the date and place of each such conviction and reason therefor, Information regarding any pending criminal charges against the applicant, and j. A complete set of fingerprints taken by the police department. The applicant does not need to provide the information contained in subsections (c) through (i) of this section if the applicant is a massage professional and provides a copy of his or her current CAMTC Certificate and a copy of his or her current CAMTC issued identification card; 9. The name and address of the owner and lessor of the premises upon or in which the massage establishment is to be conducted. In the event the applicant is not the legal owner of the premises, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the premises that a massage establishment will be located on the premises, and that the massage establishment must operate in compliance with the requirements of Chapter 5.22 of the Temecula Municipal Code; 10. Such other identification and information as the Chief of Police may require in order to discover the truth of the matters required to be set forth in the application; 11. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct; 12. Statements in writing and dated by the applicant and the applicant's designated manager(s) certifying under penalty of perjury that they: 7 a. Have reviewed Chapter 5.22 of the Temecula Municipal Code, b. Understand its contents, C. Understand the duties of a manager, d. Will only employ or retain CAMTC certified massage professionals and failure to comply may result in the revocation of the massage establishment permit, e. Authorize the Chief of Police to investigate the truth of the information contained in the application, except that if the applicant is a CAMTC certified professional, the Chief of Police shall not perform a background check, and f. Will be responsible for the conduct of all massage establishment operators, employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing outcall massage services, and that failure to comply with the provisions of this chapter and any federal, state, or local law, may result in the revocation of the massage establishment permit; 13. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the police department of such change, within ten business days thereafter, in writing, except that the provisions of Section 5.22.080(B)(23) will govern the notification regarding the hiring or termination of an employee; and 14. A floor plan of the proposed massage establishment showing all interior areas and rooms where massage will be provided, all doors, restrooms, plumbing, and any other physical features required by the Chief of Police. B. The applicant, if a corporation or partnership, shall designate one or more of its officers or partners to act as manager during business hours. If the applicant is an individual, then that individual, or designee thereof shall act as manager. Each person who shall serve as manager shall complete and sign all application forms required of an individual applicant for a massage establishment permit. C. Notwithstanding the fact that an application filed under this section may be a "public record" under Government Code Section 6250, et seq., certain portions of such application contain information vital to the effective administration and enforcement of the licensing and/or permit scheme established herein which is personal, private, confidential, or the disclosure of which could expose the applicant to a risk of harm. Those portions of the application which are not subject to disclosure are: the applicant's residence address and telephone number, the applicant's date of birth and/or age, the applicant's driver's permit and/or social security number, and/or personal financial data. The City Council in adopting the application or permitting system set forth herein has determined in accordance with Government Code Section 6255 that the public interest in disclosure of the information set forth above is outweighed by the public interest in achieving compliance with this chapter by ensuring that the applicant's privacy, confidentially or security interests are protected. The City Clerk shall cause to be redacted from any copy of a completed permit application made available to any member of the public, the information set forth above. 5.22.070 Massage establishment permit issuance and denial. A. Upon receipt of a written application for a permit, the Chief of Police shall conduct an investigation to ascertain whether the applicant satisfies the requirements of this Chapter. The Chief of Police shall, within 30 days of receipt of an application, and on a first -come -first -served - basis, approve, conditionally approve or deny the application. The 30-day period may be extended for up to 30 additional days, if necessary, to complete the investigation. B. If the applicant shows documentation of having a valid CAMTC certificate as a massage professional, the Chief of Police shall not conduct a background check on the applicant pursuant to Government Code Section 51034, but shall deny the application if the maximum number of massage establishments under Section 5.22.050 has been met, or may deny the application if the applicant does not meet the requirements set forth in Section 5.22.070(D). C. If the applicant does not show documentation of having a valid CAMTC certificate as a massage professional, the Chief of Police shall deny the application if the maximum number of massage establishments under Section 5.22.050 has been met, or may deny the application if the applicant does not meet the requirements set forth in Section 5.22.070(D), or if the Chief of Police makes any of the following findings: 1. The applicant, if an individual, or any of the officers or directors of the corporation, if the applicant is a corporation; or a partner, if the applicant is a partnership, or any person directly engaged or employed in the massage establishment, including a massage professional has, within ten years preceding the date of the application: a. Been convicted of any crime involving conduct which requires registration under any state, federal or territorial law similar to and including Penal Code Section 290, or involving conduct which is a violation of the provisions of any state, federal or territorial law similar to and including Penal Code Sections 266(h), 266(i), 314, 315, 316, 318, 647 (a), (b) or (d), 653.22, 653.23, or; any crime or violation for which the prosecutor accepted a plea to a violation of Penal Code Section 415, 602, or any lesser included or related offense, or any other Penal Code or other criminal violation in satisfaction or in lieu of, or as a substitute for, any of the foregoing crimes or Penal Code violations or for any crime involving dishonesty, fraud, deceit, or moral turpitude. In determining whether any person pled to a lesser included or related offense or any other offense in lieu of any of the foregoing code sections or crimes, pursuant to any provision of this section, the Chief of Police, and any person considering this matter on appeal, may consider the underlying facts resulting in the arrest regardless of the charge for which the applicant was convicted; 9 b. Been convicted of a violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058; C. Engaged in conduct in another jurisdiction which, if it had occurred within the City, would constitute grounds for denial or revocation under this Chapter; d. Been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Penal Code Sections 11225 through 11235 or any similar provisions of law in a jurisdiction outside the state of California; e. Engaged in conduct in any state or country which would constitute an offense as described in subsection (1)(a) or (b) of this section; f. Been convicted of an act involving theft, dishonesty, fraud, deceit or moral turpitude or an act of violence, which act or acts are related to the qualifications, functions or duties of the operator of a massage establishment, or which act or acts occurred in connection with the operation of a massage establishment; g. The applicant is registered under Penal Code Section 290, or any similar law in any state or other jurisdiction; h. The applicant has had a massage establishment permit, or other similar license or permit denied, suspended or revoked for cause by any governmental authority; or i. The applicant has had any massage therapist or massage practitioner permit, license, or certification denied, revoked or suspended by the CAMTC. D. For all applicants, the Chief of Police may deny the application if he or she makes any of the following findings: 1. The applicant or any of the applicant's proposed employees, after a full hearing by administrative proceeding or state court, has aided and abetted any of the offenses listed this section; 2. The applicant has made a false, misleading or fraudulent statement or omission of fact to the City in the permit application; 3. The application does not contain all of the information required by this section; 4. The massage establishment, as proposed by the applicant, does not comply with all applicable laws, including, but not limited to, health, zoning, fire and safety requirements, regulations and standards; 5. The applicant has not satisfied the requirements of this Chapter in the time specified; or 10 6. The location of the proposed massage establishment has within a twelve (12) month period prior to the submittal of the application: a. Been the site of a violation of this Chapter, or any similar criminal or civil ordinance, law, rule, or regulation of the State of California or any other public agency related to the operation of massage establishments; b. Been the site of a massage establishment that was closed due to criminal activity. For purposes of this subsection, closure due to criminal activity includes voluntary closure of a massage establishment after there have been arrests at the location or other notices relating to criminal activity; C. Been the site of a massage establishment where violations have not been addressed in the time specified in the notice of violation or administrative citation; d. Been the site of a massage establishment that has been revoked pursuant to this Chapter; e. Been the site of a massage establishment that has received a notice of revocation or fine issued pursuant to the Temecula Municipal Code, while any appeal of the revocation or fine is pending; or f. Been the site of a massage establishment that has outstanding fines issued pursuant to the Temecula Municipal Code that have not been paid. E. If the application is denied for failure to comply with this Chapter, the applicant, owner and operator of the massage establishment may not reapply for a period of one year from the date the application was denied. F. An appeal of the denial of a massage establishment permit shall be governed by procedures set forth in Section 5.22.140 (C) and (D). 5.22.080 Requirements applicable to the operation of massage establishments. A. Facilities. 1. Structure. a. Massage establishments shall be located in a zoning district which permits such use. When a new massage establishment is proposed to be constructed, a set of plans shall be submitted to the City for approval and shall be accompanied by the appropriate application and plan check fee. b. No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area, shall, during business hours, block visibility into the interior reception and waiting area through the use of curtains, closed blinds, or any other material that obstructs, blurs or darkens the view into the premises. IN 2. Signs —Display of Permits. Neither signs nor the front of the business shall be illuminated by strobe, flashing lights or string lights. Each operator and/or on -duty manager shall display the massage establishment permit in a conspicuous public place in the lobby of the massage establishment. In addition, each operator and/or on -duty manager shall ensure (a) CAMTC Certificates for each massage professional employed at the establishment (whether on - duty or not) are conspicuously displayed in the lobby area of the massage establishment, and (b) that each massage professional has his or her identification card in his or her possession while providing massage services for compensation. 3. Services List. Each operator shall post and maintain a list of services available and the cost of such services, in a conspicuous public place within the premises. No owner, manager or operator shall permit, and no massage professional shall offer or perform, any service other than those posted, nor shall an operator or a massage professional request or charge a fee for any service other than those on the list of services available and posted in the reception area or provided to the client in advance of any outcall services. 4. Lighting and Ventilation. Each operator shall illuminate each room or area where massage is performed with light equivalent to a minimum of forty -watt incandescent light bulb, and shall provide sufficient ventilation. Such lighting and ventilation shall otherwise comply with the current mechanical and building code of the city. The lighting in each massage room shall be activated at all times while the patron is in such room or area. 5. Bathroom Facilities. A minimum of one toilet and one separate wash basin shall be provided for patrons in each massage establishment. Each wash basin shall be equipped with soap or detergent and hot running water at all times and shall be located in close proximity to the area devoted to the performing of massage services. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser or hand air dryer shall be provided at the restroom hand wash sink. Bar soap shall not be used. A trash receptacle shall be provided in each toilet room. Showers may be provided at the operator's option. 6. Separate Rooms. If male and female patrons are to be treated simultaneously at the same massage establishment, separate massage rooms shall be provided for male and female patrons provided, however, that massage establishments having separate massage rooms for male and female patrons may provide "couples massage" in a single room, subject to the requirements of this subsection. Couples massage, i.e., concurrent massage of two persons, is permitted within one room provided all other requirements of this Chapter are satisfied including, but not limited to, provision of a separate massage table and massage professional for each customer. Any room to be used for couples massage shall be sufficiently sized so as to comply with any and all applicable building and fire codes and to permit free passage and movement of the massage professionals. 7. Maintenance. All facilities of the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area, if any, shall be made of washable mold -resistant surfaces. 12 8. Massage Table. A massage table shall be provided in each massage room and the massage shall be performed on this massage table. The tables shall have a minimum height of twenty-eight inches. Two-inch thick foam pads with maximum width of four feet may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the premises. B. Operations. 1. Equipment. Each operator and/or on duty manager shall provide and maintain on the premises adequate equipment for disinfecting and sterilizing instruments used in massage. 2. Inspections. A massage establishment may be inspected at least twice a year for the purpose of determining that the provisions of this Chapter are met. Such inspections may be made by the police department, persons employed by the City whose job descriptions require the person to enforce the provisions of this code, including but not limited to, code enforcement officers, and such other enforcement officials as described in Section 1.16.020 and 1.21.020 of the Temecula Municipal Code or its successor sections. 3. Linens and Towels. Common use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled linen and towels, and such cabinets or containers shall be plainly marked: "clean linen" and "soiled linen." 4. Sterilizing Equipment. Each massage establishment and/or massage professional shall provide and maintain at the location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. Instruments utilized in performing massage shall not be used on more than one (1) client unless they have been sterilized, using approved sterilization methods. 5. Living Prohibited. No person or persons shall be allowed to live inside the massage establishment at any time. Beds, mattresses, waterbeds, futons, sofa beds, or any type of portable or convertible beds are not permitted on the premises. 6. Food Preparation. No food of any kind shall be cooked or prepared in a massage establishment. No food of any kind shall be for sale or sold in the establishment. 7. Alcoholic Beverages/Drugs—Prohibited Materials. No person shall enter, be in or remain in any part of a massage establishment while in possession of, consuming, using or under the influence of any alcoholic beverage, recreational drugs or controlled substance. The operator and on -duty manager shall be responsible to ensure that no such person shall enter or remain upon the massage establishment. Service of alcoholic beverages or recreational drugs shall not be allowed. 8. Contraceptive and sexual devices. No contraceptive devices; i.e., condoms or other prophylactics, or sexual devices, the primary purpose of which is for sexual stimulation, shall be sold, utilized, or allowed on the premises or possessed by any employee while on the premises. 13 9. Recordings. No electrical, mechanical or artificial device shall be used by the operator or any employee of the massage establishment for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the written consent of the patron. 10. Roster of Employees. The operator and/or manager of the massage establishment shall maintain a roster of all employees, including operators, managers and massage professionals, showing each name, nick -name and alias, home address, age, birth date, gender, height, weight, color of hair and eyes, phone number, Social Security Number, CAMTC certificate number, date of employment, and duties of each employee. The foregoing roster and all information therein shall be maintained on the premises for a period of two years following the termination of each employee. Upon consent or upon obtaining an applicable warrant, the operator or manager on duty shall make the roster immediately available for inspection during all hours the massage establishment is open for business. Information in the roster shall be available for inspection only to City or police department representatives while performing official duties. It is unlawful for a massage establishment to employ or retain any person to provide massage for compensation, or to allow any person to provide massage for compensation on the premises of a massage establishment, unless that person is listed as a massage professional on the massage permit issued pursuant to this Chapter. 11. Coverings. The massage professional shall provide to each patron clean, sanitary and opaque coverings capable of covering areas of the patron identified as prohibited massage areas including the genital area, anus and female breast(s). Re -use of such coverings is prohibited unless adequately cleaned and sanitized. 12. Records. Every person operating a massage establishment shall keep a record of the dates and hours of each treatment or service provided, the name and address of the patron, the name of massage professional administering such service and a description of the treatment or service rendered. 13. Hours of Operation. The owner must advise the city, in writing, at the time of application for a permit of the business hours, and any change in hours occurring thereafter. No person shall operate a massage establishment or administer a massage in any massage establishment or at an outcall location booked by that massage establishment between the hours of 9:00 p.m. and 7:00 a.m. All massages must terminate by 9:00 p.m., regardless of the start time. All customers, patrons and visitors shall be excluded from the massage establishment during these hours and be advised of these hours. The hours of operation must be displayed in a conspicuous public place in the lobby within the massage establishment and in the front window clearly visible from the outside. It is the obligation and responsibility of the massage establishment to inform clients of the requirement that any massage service must cease by 9:00 p.m. 14. Advertising. No permitted massage establishment shall place, publish or distribute, or cause to be placed, published or distributed, in any publication or any website, any advertising that depicts any portion of the human body that would reasonably suggest to prospective patrons that any service is available other than those services authorized by the Massage Therapy Act and pursuant to this Chapter. No massage establishment shall employ language in the text of such advertising that would reasonably suggest to a prospective patron that 14 any service is available other than those services authorized by this Chapter. The massage establishment shall ensure that it and all certified massage professionals comply with Business and Professions Code Sections 4608, 4609 and 4611, by requiring the massage professionals to include the name under which he or she is certified and his or her certificate number in any and all advertising of massage for compensation; to not engage in sexually suggestive advertising related to massage services; to not hold him or herself out as a certified massage professional, or use terms such as "licensed" or "certified," that implies that an uncertified person is certified as a massage professional; to not falsely state or advertise or put out any sign or card, or to falsely represent to the public, that any individual is licensed, certified, or registered as a massage professional if that individual is not so certified by the CAMTC. 15. Insurance. No operator or manager shall engage in, conduct or carry on the business of a massage establishment unless there is on file with the police department, in full force and effect at all times, documents issued by an insurance company authorized to do business in the state of California evidencing that the permit holder is insured under a liability insurance policy providing minimum coverage of one million dollars for personal injury or death to one person arising out of the operation of the massage establishment and/or the administration of any massage. Evidence of the required insurance shall be provided to the Chief of Police at the time an initial application, or renewal application, is filed. 16. Compliance with the Americans with Disabilities Act and related laws. All massage establishments must comply with all state and federal laws and regulations providing for access to and receipt of services by disabled persons. 17. Doors. All front, reception, hallway or front exterior doors (except back or exterior doors used solely for employee entrance to and exit from the massage establishment) shall be unlocked during business hours, except as may be permitted by applicable law (such as the Temecula Fire Code) which allow for safety doors that may be opened from the inside when locked. No massage may be performed within any cubicle, room, booth or any other area within a massage establishment that is fitted with a lock of any kind (such as a locking door knob, padlock, dead bolt, sliding bar or similar device), unless the door is an exterior door. No entry doors to any room shall be obstructed by any means. The requirement that an exterior door must remain unlocked at all times does not apply to any massage establishment owned by one individual with one or no employees or independent contractors. 18. Access. No person shall be permitted to be within a massage establishment except within the lobby or reception area, or area where a customer is receiving massage services, during hours of operation, unless that person has been disclosed to the City as required under this Chapter, including Section 5.22.060(A)(5). 19. Discrimination. No massage establishment may discriminate or exclude patrons on the basis of their race, sex, religion, age, disability or any other classification protected under federal or state laws, rules or regulations. 20. Prohibited Massage Areas. No massage professional or any person employed by the massage establishment, including independent contractors, may engage in acts that a reasonable person in the client's perspective, would be understood as an offer to perform or 15 engage in with a client, acts that are sexual in nature, nor shall any massage professional or any person employed by the massage establishment, massage the genitals or anal area of any patron, nor shall any operator or manager allow or permit such massage. An operator must comply with Business and Professions Code Section 4609(a) relating to sexual acts, including not allowing massage professionals to engage in any form of sexual activity on the premises of the massage establishment, or to engage in sexual activity while providing massage for compensation. A massage professional may only provide massage of female breasts with written consent of the person receiving the massage and a referral from a licensed California health care provider. This section is not intended to prohibit any massage technique recognized by CAMTC as legitimate, or to impose any specific restriction or professional practice beyond those set forth in Business and Professions Code Section 4609(a). No operator, manager or employee while performing any task or service associated with the massage business, shall be present in any room with another person unless the person's genitals, gluteal crease, anus and, in the case of a female, her breasts, are fully covered. 21. Clothing. A massage professional may not wear attire that is transparent, see -through, or substantially exposes the massage professional's undergarments or that exposes his or her breasts, buttocks or genitals, or that in any way willfully and lewdly exposes his or her private parts in any place that is in public or where there are other people present who may be offended or annoyed by such action. Swim attire may not be worn unless the massage professional is providing a water -based massage modality approved by the CAMTC. A massage professional shall not wear any clothing that is deemed by the CAMTC to constitute unprofessional attire. All employees of the massage establishment that are not massage professionals shall also adhere to these clothing requirements. 22. Responsibility for Conduct of Massage Establishment. The operator and on duty manager shall be jointly responsible for the conduct of all employees while the employees are on the premises of the massage establishment. Any act or omission of an employee constituting a violation of any provision of this Chapter shall be deemed to be an act or omission of the operator and on duty manager for purposes of determining whether the massage establishment permit should be revoked, or an application for such permit or renewal thereof, denied. 23. Licensed Massage Professional. No operator or manager shall employ any person as a massage professional who does not hold a CAMTC Certificate. Every operator or manager shall report to the Chief of Police any change of employees, whether by new or renewed employment, discharge or termination, on the form and in the manner required by the Chief of Police. The report shall contain the name of the employee and the date of hire or termination. The report shall be made within 10 business days of the date of hire or termination. The operator and manager must notify the Chief of Police immediately upon the massage establishment's notice of any disciplinary action taken by the CAMTC regarding one of the establishment's massage professionals and submit a copy of the notice or order. This provision requires reporting to the Chief of Police, even if the operator or manager believes that the Chief of Police has or will receive the information from another source. 24. School of massage. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage. 16 25. Operation of a massage establishment without a qualified manager being present at all times that the massage establishment is open for business is prohibited. 26. Compliance With all Laws. Each operator and on -duty manager shall at all times comply with all provisions of this Chapter and all other applicable provisions of the Temecula Municipal Code, all conditions of any required zoning approvals, conditions imposed by the Chief of Police, and all state and federal laws, statutes and regulations, and shall provide proof of compliance upon request by the police department. 5.22.090 Requirements applicable to the operation of outcall services. A. Outcall Massage. No person shall provide outcall massage in the City unless all of the following requirements are met: 1. The appointment for the outcall massage was made by a massage establishment in good standing under this Chapter and the massage professional is employed by the same massage establishment. 2. The massage professional must possess a valid unrevoked CAMTC Certificate, and wear his or her massage CAMTC photo identification card on his or her clothing in an openly visible manner during all working hours. 3. There is in the possession of the outcall massage professional a description of those services the outcall massage professional provides and the cost of such services. No service shall be included in the list unless it both fits within the definition of massage, seated massage, or reflexology in Section 5.22.120 and complies with all other requirements of this Chapter. The list shall be in English. No person shall perform, or offer to perform, any service(s) other than those listed. 4. The outcall massage professional shall at all times be equipped with a sufficient supply of clean sanitary towels, coverings and linens such that towels and linens are not to be used on more than one patron unless they have first been laundered and disinfected. Disposable towels and coverings shall be permitted, but shall not be used on more than one patron. 5. Instruments used in performing massage shall not be used on more than one patron unless they have been sterilized using approved sterilizing methods. Adequate equipment for sterilizing instruments used in performing the acts of massage shall be provided. 6. No massage professional shall at any time during which they are on the premises of the person being provided the outcall massage, wear attire that is transparent, see - through, or substantially exposes the massage professional's undergarments or exposes his or her breasts, buttocks or genitals. 7. No massage professional performing outcall massage shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that would reasonably suggest to prospective patrons that any service is available unless such service is listed on their list of services required under Section 5.22.080(A)(3). 17 8. A massage shall not be given unless the patron's genitals are fully covered and, in addition, a female patron's breasts are fully covered. 9. Pads used on massage tables shall be covered with a durable washable plastic or other waterproof material. 10. No electrical, mechanical or artificial device shall be used by the massage professional for audio and/or video recording or for monitoring the performance of a massage or the conversation or other sounds in the massage rooms without the knowledge and consent of the patron. 11. All massage professionals authorized to perform outcall massage services hereunder shall keep a separate written record at the certified massage profession's principal place of business of all outcall massage services performed. The record shall include, but is not limited to, the dates and hours of each treatment or service, the full name and complete address of the patron, the name of the massage professionals administering such service and a description of the treatment or service rendered. These records shall be prepared prior to administering any outcall massage or treatment and shall be retained for a period of 24 months after such treatment or service. Upon consent or upon obtaining an applicable warrant, the police department may inspect the records to ensure compliance with this section. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Chapter, or any other applicable State or federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. 5.22.100 Transfers and changes of business. No massage establishment permit may be sold, transferred or assigned by a permit holder, or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void; provided and excepting, however, that if the permit holder is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of such permit, and in such case, the permit, upon notification to the Chief of Police, shall be placed in the name of the surviving partners. 5.22.110 Fees. The City Council shall establish by resolution, and from time to time may amend, the fees for the administration of this Chapter. Fees required by this Chapter shall be in addition to any required under any other chapter of this code and shall comply with the Massage Therapy Act. 5.22.120 Exemptions. A. This Chapter shall not apply to the following individuals or businesses while engaged in the performance of the duties of their respective professions: 18 1. Persons holding a valid certificate to practice the healing arts under the laws of the State of California, including, but not limited to, holders of medical degrees, such as physicians, surgeons, chiropractors, osteopaths, and persons working under their direct supervision who are working at the same location as the licensed person, provided such professionals are performing massage, as defined in this Chapter, at a licensed business as part of, and to the extent permitted by, their respective professions; 2. Barbers and cosmetologists, licensed by the state of California, and persons licensed by the state of California to provide skin care (estheticians) or nail care (manicurists), as defined and to the extent provided in Business and Professions Code Section 7316, or any successor provision thereto, as follows: a. Barbers may massage the face and scalp, b. Cosmetologists may massage the scalp, face, neck, arms, hands, feet, legs below the calf, and the body extending from the clavicles upward, C. Estheticians may massage the face, neck, anus and the body extending from the clavicles upward, d. Manicurists may massage the hands, feet, and legs below the calf, e. State licensed barbers, cosmetologists, estheticians and manicurists are subject to the exemption provided by this subsection only while providing other barbering, cosmetology, skin care or nail care services in a facility licensed by the City of Temecula to provide such services. The provisions of this subsection apply to apprentices of any of the foregoing who are licensed by the state of California, but only while performing barbering, cosmetology, skin care or nail care services under the direct supervision of a barber, cosmetologist, esthetician or manicurist who is subject to the exemption provided by this subsection; 3. Hospitals, nursing homes, sanitariums, or other health care facilities duly licensed by the state of California; 4. Fully accredited high schools, junior colleges, and colleges or universities whose athletic coaches and trainers are acting within the scope of their employment; 5. Trainers of amateur, semiprofessional or professional athletes or athletic teams; 6. Massage conducted in the course of education at any recognized school of massage, as defined herein; 7. "Chair massage," i.e., massage of the body from the waist up, to a person seated in a chair, provided the customer and massage therapist are fully clothed and the massage is not performed on any prohibited areas as identified in Section 5.22.080(B)(20), and the massage is performed in an area that is within public view; 19 8. "Reflexology" defined as the application of pressure to areas on the feet, hands, and ears with specific thumb, finger, and hand techniques without the use of oil or lotion, while the customer and massage therapist are fully clothed; 9. Persons and businesses exempt from the permitting requirements of this Chapter, pursuant to any state or federal law that expressly preempts the permit requirements set forth in this Chapter, but only to the extent of such preemption. Any business or person claiming to be exempt pursuant to this subsection shall have the burden of establishing the applicability of such exemption. B. The provisions of this Chapter shall not apply to massage services provided by the City or by any City -authorized person, group, entity, business or organization as part of an official City program or function approved in writing by the City Manager. 5.22.430 Duration and renewal of permits. A. Permits for massage establishments may be renewed on the first business day in February 2020, and on a year-to-year basis thereafter on the first business day in February, provided the permit holder continues to meet the requirements of this Chapter. "Business day" as used in this subsection shall mean the days that Temecula City Hall is open for business. B. No permit granted herein shall confer any vested right to any person for more than the permit period. C. Applications for a permit renewal shall be filed with the Chief of Police at least sixty days prior to expiration of the existing permit, otherwise the permit will lapse. At the discretion of the Chief of Police, a conditional permit pending satisfactory completion of the renewal application process may be issued to renewal applicants who have no permit revocation proceedings pending at the time of filing of the renewal application. D. Renewal applications shall set forth such information as may be required by the Chief of Police to update and verify the information contained in the original permit application. The applicant shall pay an application fee when applying for renewal. E. If an application for renewal of permit and all required information is not timely received and the permit expires, no right or privilege to provide massage shall exist. 5.22.140 Revocation, permit denial and appeal. A. Violation and Noncompliance. The Chief of Police may refuse to issue a permit, renew a permit, or may revoke an existing permit, on the grounds that the applicant or permit holder has failed to comply with the permit conditions or other requirements of this Chapter, or any requirement of State law. In any such case, the applicant or permit holder shall have the right to appeal in the time and manner set forth in this section. B. Revocation and Denial of Renewal of Massage Establishment Permit. 20 1) The Chief of Police may revoke or refuse to renew a massage establishment permit if he or she finds that: a. the massage establishment is employing a massage therapist that does not hold a valid CAMTC license; b. any massage professional, manager, operator, or employee of the massage establishment has been convicted of any crimes set forth in Section 5.22.070(C)(1); C. the massage establishment, owner, or manager, has been issued an administrative citation for violating Section 5.22.080(B)(5), (7), (8), (20), or (21) in the past 12 months from the date of the permit application; d. alcoholic beverage or recreational drugs are found on -site; e. the massage establishment has violated any provision of Business and Professions Code Section 4600 et seq.; or f. the Chief of Police determines that the massage establishment's operations constitute an immediate threat to the public health and safety. 2) The Chief of Police may revoke or refuse to renew a massage establishment permit if he or she finds any three violations of this Chapter within a twelve month period. For purposes of this section, if an administrative citation is contested, and is held to be invalid or rescinded by an independent hearing officer appointed pursuant to this Chapter, or by any court of law, the violations identified in the administrative citation shall not form the basis for revoking or refusing to renew a massage establishment permit. If any administrative citation is contested, and is upheld by an independent hearing officer appointed pursuant to this Chapter, or by any court of law, that administrative citation can form the basis for the revocation or refusal to renew a massage establishment permit. C. Notice. When the Chief of Police concludes that grounds for denial of a new permit or permit renewal, or permit revocation exist, the Chief of Police shall serve the applicant or permit holder, either personally or by certified mail, addressed to the business or residence address of applicant or permit holder, with a notice of denial of permit, or notice of intent to revoke or deny renewal. This notice shall state the reasons for the decision, the effective date of the decision, the right of the applicant or permit holder to appeal the decision to a hearing officer, and that the decision will be final if no written appeal is filed within the time permitted. D. Appeal. 1. The right to file a written appeal of a revocation or denial of new permit or renewal of a permit shall terminate upon the expiration of fifteen days of the date of mailing by the Chief of Police of the notice specified in Subsection C of this section. The written appeal shall be filed with the City Clerk of the City of Temecula and shall be accompanied by an appeal fee in 21 an amount as set by City Council resolution, and the City Clerk shall promptly forward a copy of the appeal to the Chief of Police. 2. In the event an appeal is timely filed, the denial of the permit, or renewal or revocation of the permit, shall not be effective until a final decision has been made on the appeal. Notwithstanding the foregoing, if the Chief of Police finds and determines that permitting a massage establishment to continue to operate, pending the appeal hearing, would present an unreasonable and immediate risk to the public health and safety, the denial of renewal or revocation may take effect immediately. If no timely appeal is filed, the denial of renewal or revocation shall become effective upon expiration of the period for filing appeals. 3. Upon receipt of a timely appeal, the City Clerk shall refer the appeal to the California Office of Administrative Hearings for the assignment of an Administrative Law Judge to serve as the hearing officer. 4. In the event the Office of Administrative Hearings is unable to provide a hearing officers, the City Clerk shall make arrangements for the selection of a hearing officer to conduct the appeal hearing as provided in this subsection. a) Not less than fifteen days prior to the appeal hearing, the City Clerk shall notify the Chief of Police and the appellant of the names of three qualified attorneys or retired Superior Court or Appellate Court judges submitted to the City Clerk by a reputable firm providing mediators and arbitrators to serve as a panel from which the hearing officer will be selected. b) Within five days of the date of mailing the notice of the available panel, the Chief of Police and the appellant may notify the City Clerk in writing that he or she elects to remove one of the three potential hearing officers. c) The City Clerk shall then request the mediation and arbitration firm to select one of the remaining names on the list as the designated hearing officer for the appeal hearing. d) The hearing officer shall be fair and impartial and shall have no bias for or against the Chief of Police or the appellant. 5. At the appeal hearing, the hearing officer shall receive oral and written evidence from the Chief of Police and the appellant. The hearing officer shall have authority to administer oaths to those persons who will provide oral testimony. The evidence presented need not comply with the strict rules of evidence set forth in the California Evidence Code, but shall be the type of evidence upon which reasonable and prudent people rely upon in the conduct of serious affairs. The hearing officer shall have broad authority to control the proceedings and to provide for cross examination of witness in a fair and impartial manner. The Chief of Police shall have the burden of proof to establish by clear and convincing evidence the facts upon which his or her decision is based. The appeal hearing shall be recorded by audio recording. Any party may, at its sole cost and expense, utilize the services of a certified court reporter to prepare the verbatim record of the hearing. If a court reporter is used, the transcript prepared shall be made available 22 for purchase to both parties. The hearing officer may continue the appeal hearing from time to time, but only upon written motion of a party showing good cause for the continuance. 6. The hearing officer may uphold, modify or reverse the decision of the Chief of Police. Within ten days of the conclusion of the appeal hearing, the hearing officer shall render his or her decision and make written findings supporting the decision. He or she shall send the decision to the City Clerk. Upon receipt of the hearing officer's decision, the City Clerk shall send a copy of it to the Chief of Police and the appellant, along with a proof of mailing. 7. Within ten days from date of the City Clerk's mailing of the decision, either party may appeal the decision to the City Manager. The appeal shall be in writing and filed with the City Clerk, and shall state the grounds of the appeal and specify the errors in the hearing officer's decision. Upon receipt of the appeal, the City Clerk shall schedule the appeal for review by the City Manager to occur within thirty days. 8. The City Manager's review of the appeal shall be limited to determining whether the evidence received at the appeal hearing supports the findings and decision of the hearing officer. The City Manager shall be limited to considering the evidence presented at the appeal hearing. No public hearing shall be required and no new evidence shall be taken by the City Manager. The City Manager's decision on the appeal shall be set forth in a written opinion. The City Clerk shall mail a copy of the City Manager's opinion to the Chief of Police and the appellant along with a proof of service. Any legal action challenging the City Manager's decision shall be filed within ninety days of the date of the proof of service of mailing of the City Manager's opinion, pursuant to Section 1094.5, et seq., of the California Code of Civil Procedure. The City Manager's decision shall be final and effective upon mailing of the opinion. If the appellant prevails following a final decision, the appeal fee shall be returned. 5.22.150 Violation and penalty. A. Violation of any provision of this Chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Chapters 1.16 and 1.20 of Title 1 of this Code. Violations are also subject to administrative citations pursuant to Chapter 1.21 of Title 1 of this code. The provisions of this Chapter may be enforced by members of the Riverside County Sheriff's Department, persons employed by the City whose job descriptions require the person to enforce the provisions of this code, including but not limited to, code enforcement officers, and such other enforcement officials as described in Section 1.16.020 and 1.21.020 of this code or its successor sections. B. Any massage establishment operated, conducted or maintained contrary to the provisions of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to, or in lieu of, prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such massage establishment businesses and restrain and enjoin any person from operating, conducting or maintaining a massage establishment or contrary to the provisions of this Chapter. 23 C. If a massage business is operating without a massage establishment permit, or a massage establishment has had its massage establishment permit revoked, staff shall send a certified letter to the property owner notifying him or her that the massage establishment is not permitted to operate in the City. The certified letter shall inform the property owner that the operation of the massage establishment on the property, without a valid massage establishment permit, is a public nuisance, and that the City may seek to prosecute the property owner criminally or civilly if the property owner does not, within sixty days of mailing such notice, take steps to ensure that the tenant does not continue to operate a massage establishment on the property. In any legal proceeding filed by the City against the property owner, the City may seek an order preventing the property owner from leasing the property to any person who does not hold a valid massage establishment permit. 5.22.4 60 Application to existing businesses. A. All requirements set forth in this Chapter are deemed to be necessary for the protection of the public health, safety, and welfare and shall be applicable to and govern all existing and proposed massage establishments immediately upon the date the ordinance is codified in this Chapter, and shall become effective." Section 2. CEQA. The City Council hereby finds that this ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, the proposed ordinance amends the City's massage ordinance so that it is consistent with State law requirements, and regulates the operation of massage establishments. The ordinance does not alter the allowed uses in the City. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 3. Severability. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are hereby declared to be severable. Section 4. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after passage. 24 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 91h day of July, 2019. Michael S. Naggar, 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 Ordinance No. 19-10 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25th day of June, 2019, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of July, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 25 Item No. 5 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Lisa McConnell, Chief of Police DATE: July 9, 2019 SUBJECT: Approve the Five -Year Agreement for Phlebotomy Services with American Forensic Nurses, Inc. DBA: AFN for the Temecula Police Department PREPARED BY: Mary Vollmuth, Purchasing Manager Lt. James Rayls, Temecula Police Department RECOMMENDATION: That the City Council approve a five-year agreement with American Forensic Nurses, Inc., dba: AFN, in the amount of $60,000 for Fiscal Year 2019-20, to provide phlebotomy services for the Temecula Police Department, for a total five-year contract amount of $300,000. BACKGROUND: The City of Temecula Police Department utilizes American Forensic Nurses, Inc., dba: AFN, for mobile forensic phlebotomy services to draw blood for DUI analysis, and collection of evidence from perpetrators, survivors of violent crime and sexual assault victims. Forensic nursing is a specialized field and American Forensic Nurses, Inc. (AFN) provides contracted licensed and professional services to the majority of local Law Enforcement Agencies throughout Southern California, including the Riverside County Sheriff's Department. To maintain policy and procedure continuity between Temecula Police and the Riverside County Sheriff's Department, the City often "piggybacks" on Riverside County competitively bid contracts to ensure the contractor selected meets standards and the evidence chain of command, documentation, and process is consistent between agencies. On November 1, 2018, the County of Riverside awarded a ten-year contract #SHARC-96148-003-10/28 to AFN for Blood Draw, Biological Evidence and Urine Collection Services with terms enabling other law enforcement agencies within the County to utilize their services with the same terms and adjusted fee schedule based on geographical location. To remain cost effective and in alignment with the County contract, Staff recommends approving the Agreement with American Forensic Nurses, Inc. dba: AFN, for the total five-year contract amount of $300,000. FISCAL IMPACT: Adequate funds are available in the Fiscal Year 2019-20 Temecula Police Department operating budget. ATTACHMENTS: Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND AMERICAN FORENSIC NURSES, INC. DBA: AFN FOR PHLEBOTOMY SERVICES THIS AGREEMENT is made and effective as of July 9, 2019, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and American Forensic Nurses, Inc. dba: AFN a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than October 31, 2024, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term to align with the Consultant's agreement with the County of Riverside. In no event shall the contract be extended beyond October 31, 2028. The Agreement price shall be adjusted by no more than three percent (3%) at the beginning of each fiscal year for the first five (5) years of the Agreement term. If the contract is extended beyond October 31, 2024, pricing shall be adjusted by negotiation between City and Consultant using either standard service costs or in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Sixty Thousand Dollars and No Cents (60,000.00) each fiscal year for a total not to exceed Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000.00) unless additional payment is approved as provided in this Agreement. The not to exceed purchase 1 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE 05.24.2019 03/11/2019 Agreement amount ofThree Hundred Thousand Dollars and No Cents ($300,000.00)unless additional payment is approved as provided in this Agreement.The not to exceed purchase amount listed herein is an estimated expenditure and this agreement does not guarantee Consultant this amount in purchased services. 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 theCity Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. C. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City and Consultantmay at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving 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 or Consultantsuspends 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 Consultant shall complete all work and related obligations received up to the date of termination and the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate 2 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 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. 3 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 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. 1) Minimum Scppe of Insurance. Coverage shall be at least as broad as: 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. 4 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. 1) Minimum Limits of Insurance. Consultant shall maintain limits no less than: 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) accident for bodily injury and property damage. 3) Worker's Compensation: as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars 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, theSuccessor 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 5 R:/FI NANCE/AGRE EMENTS/F I NANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 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 Cityvia 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 Citywith 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 Citybefore 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. CONFIDENTIALITY a. The Consultant shall not use for personal gain or make other improper use of privileged or confidential information which is acquired in connection with this Agreement. The term "privileged" or "confidential information" includes but is not limited to: unpublished or sensitive technological or scientific information; medical, personnel, or security 6 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 records; anticipated material requirements or pricing/purchasing actions; City information or data which is not subject to public disclosure; City operational procedures, and knowledge of selection of contractors, subcontractors or suppliers in advance of official announcement. b. The Consultant shall protect from unauthorized disclosure of names and other identifying information concerning persons receiving services pursuant to this Agreement, except for general statistical information not identifying any person. The Consultant shall not use such information for any purpose other than carrying out the Consultant's obligations under this Agreement. The Consultant shall promptly transmit to the City all third -party requests for disclosure of such information. The Consultant shall not disclose, except as otherwise specifically permitted by this Agreement or authorized in advance in writing by the City, any such information to anyone other than the City. For purposes of this paragraph, identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particulars assigned to the individual, such as finger or voice print or a photograph. C. The Consultant is subject to and shall operate in compliance with all relevant requirements contained in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, enacted August 21, 1996, and the related laws and regulations promulgated subsequent thereto. d. A supplemental HIPAA Business Associate Agreement ("Supplemental Agreement") is made part of this Agreement ("Agreement') between the City and Consultant attached hereto and incorporated herein as Exhibit C and shall be effective as of the date this Agreement is approved by both parties (the "Effective Date"). 13. 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. 14. 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 R:/FI NANCE/AGRE E ME NTS/FI NANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: American Forensic Nurses, Inc. dba: AFN Attn: A. Carlos Martinez or Christian Dumpit 51321 AvenidaBermudas P O Box 1625 La Quinta, CA 92247 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. 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. 17. 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. 18. 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 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 9 R:/FI NANCE/AGRE EME NTS/FI NANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 10 R:/FI NANCE/AGRE E ME NTS/FI NANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: AMERICAN FORENSIC NURSES, INC. DBA AFN (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: 1� td A. Carlos Martinez, Chief Operating Officer Peter M. Thorson, City Attorney CONSULTANT American Forensic Nurses, Inc. dba: AFN Attn: Christian Dumpit or A. Carlos Martinez 51321 AvenidaBermudas P0Box 1625 La Quinta, CA 92247 Office: 760-322-9925 Fax: 760-322-9914 info(damrn.com — Attn: Christian Dumpit 11 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 f PM Initials: Date: l 12 R:/FI NANCE/AGRE EME NTS/FI NANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 EXHIBIT A Scope of Services Consultant shall provide services with personnel properly licensed or certified in the State of California such as Registered Nurses, Licensed Vocational Nurses, Paramedics, Certified Phlebotomists or other persons certified to draw blood and urine samples, collect sexual assault evidence from rape victims and to obtain DNA samples for comparison to bodily fluid or body part samples collected at a crime scene. Consultant and their employees are expected to be familiar with the handling of evidence and the proper protocol for obtaining blood, urine, suspected rape evidence, DNA and any other evidence collected. Consultant and their employees shall maintain the correct chain of evidence in accordance with Riverside County Sheriff's Department policies and procedures. Services include but may not be limited to those outlined in the proposal/fee schedule provided by the Consultant attached hereto and incorporated herein as though set forth in full. American Forensic Nurses, Inc. dba AFN will furnish on -call services to the following locations: Temecula Police Department — 308755-A Auld Road, Murrieta, CA Southwest Detention Center — 30755-B Auld Road, Murrieta, CA Field Response within the City limits of Temecula Acceptable response time from the notification that a blood draw is needed is thirty (30) minutes. 13 R:/FI NANCE/AGRE E MENTS/F I NANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 EXHIBIT B Payment Rates and Schedule Pricing for FY 2019-2020 services are as outlined in the Proposal/Fee Schedule provided by the Consultant attached hereto and incorporated herein as though set forth in full. The Agreement price shall be adjusted by no more than three percent (3%) at the beginning of each fiscal for the first four (4) fiscal years of the Agreement term. If the contract is extended beyond October 31, 2024,pricing shall be adjusted by negotiation between City and Consultant using the most recent standard service costs or in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change. Any change in pricing during the term of this Agreement shall be per the pricing structure agreed upon between the City of Temecula and Consultant prior to the beginning of the next fiscal year. American Forensic Nurses shall provide the City of Temecula the pricing structure for any additional fiscal years upon request by the City of Temecula during the term of this Agreement. In no event, shall such services exceed $60,000 annually for a total contract amount of $300,000 for the total term of this Agreement. The not to exceed amount listed herein is an estimated expenditure and this Agreement does not guarantee Consultant this amount in purchased services. 14 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 A. CARGOS MARTINEZ Chief Operating Officer May 22, 2019 City of Temecula Attn: Ms. Mary Vollmuth P.O. Box 892050 Temecula, CA 92589 Dear Ms. Vollmuth: Per our conversation, please find enclosed our fee schedule for the new fiscal year July 1, 2019-June 30, 2020, effective July 01, 2019: Service Old Dees Primed antic 1. Blood/Urine/DNA Collection $ 55,00 $ 56.75 per draw 2. Dry Run: Blood/Urine $ 30.00 $ 31.00 per dry run 3. Rape Suspect Evidence Collection $ 202.00 $ 210.00 per suspect 4, Dry Run, Rape Suspect Evidence Collection $ 100.00 $ 103.00 per dry run 5. Reference Evidence Collection $ 105.00 $ 108.00 per suspect 6. Dry Run, Reference Evidence Collection $ 52.50 $ 54.00 per dry run 7. On -call Fee $ 1,300.00 $ I,300.00 per month 8. DUI Check Point $ 365,00 $ 375.00 per DUI CP As you will note, we only slightly increased our fees, our on -call fee will remain the same. At the start of every contract year, annual fee increases of 3% will apply. We look forward and are committed to continuing our valued working relationship providing our established professional services to City of Temecula. If you have any questions, please do not hesitate to contact me at (760) 322-9925. Sincerely, A. Carlos Martinez 51321 Avenida Bermudas, PO Box 1625, La Quinta, CA 92247 ' Office: 760 322 9925 ' Faw 760322 9914 " Email: infa@amrn.com 15 R:/FI NANCE/AGREEME NTS/FI NANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 EXHIBIT C HIPAA Business Associate Agreement ("Supplemental Agreement") Between the City of Temecula and American Forensic Nurses, Inc. dba: AFN. This HIPAA Business Associate Agreement ("Supplemental Agreement") as outlined in Section 12 of this Agreement is attached hereto and incorporated herein as though set forth in full. By signing the Agreement with the City of Temecula, Consultant acknowledges and accepts Exhibit C. RECITALS: WHEREAS, City and Consultant entered into the Agreement ("Agreement") for Phlebotomy Services pursuant to which the Consultant provides services to the City of Temecula, and in conjunction with the provision of such services certain protected health information ("PHI") and/or certain electronic protected health information ("ePHI") may be created or made available to Consultant for the purpose of carrying out its obligations under the Agreement. WHEREAS, the provisions of the Heath Insurance Portability and Accountability Act of 1996 ("HIPAA"), Public Law 104-191 enacted August 21, 1996, and the Health Information Technology for Economic and Clinical Health Act ("HITECH") of the American Recovery and Reinvestment Act of 2009, Public Law 111-5 enacted February 17, 2009, and the laws and regulations promulgated subsequent thereto, as may be amended from time to time, are applicable to the protection of any use or disclosure of PHI and/or ePHI pursuant to the Agreement; and, WHEREAS, City is a covered entity, as defined in the Privacy Rule; and, WHEREAS, to the extent City discloses PHI and/or ePHI to Consultant or Consultant creates, receives, maintains, transmits, or has access to PHI and/or ePHI of City, Consultant is a business associate, as defined in the Privacy Rule; and, WHERAS, City is a covered entity, as defined in the Privacy Rule; and, WHEREAS, pursuant to 42 USC17931 and 17934, certain provisions of the Security Rule and Privacy Rule apply to a business associate of a covered entity in the same manner that they apply to the covered entity, the additional security and privacy requirements of HITECH are applicable to business associates and must be incorporated into the business associate agreement, and a business associate is liable for civil and criminal penalties for failure to comply with these security and/or privacy provisions; and, WHEREAS, the parties intend to enter into this Agreement ("Supplemental Agreement') to address the requirements and obligations set forth in the Privacy, Rule, Security Rule, HITECH and HIPAA as they apply to Consultant as a business associate of City, including the establishment of permitted and required uses and disclosures of PHI and/or ePHI created or received by Consultant during the course of performing functions, services, and activities on behalf of City, and appropriate limitations and conditions on such uses and disclosures; 16 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Definitions. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HITECH, HIPAA, Security Rule and/or Privacy Rule, as may be amended from time to time. A. "Breach" when used in connection with PHI means the acquisition, access, use or disclosure of PHI in a manner not permitted under subpar E of the Privacy Rule which compromises the security of privacy of the PHI, and shall have the meaning given such term in 45 CFR 164.402. (1) Except as provided below in Paragraph (2) of this definition, acquisition, access, use or disclosure of PHI in a manner not permitted by subpart E of the Privacy Rule is presumed to be a breach unless Consultant demonstrates that there is a low probability that the PHI has been compromised based on risk assessment of at least the following four factors: (a) The nature and extent of the PHI involved, including the types of identifiers and the likelihood of re -identification; (b) The unauthorized person who used the PHI or to whom the disclosure was made; (c) Whether the PHI was actually acquired or viewed; and (d) The extent to which the risk to the PHI has been mitigated. (2) Breach Excludes: (a) Any unintentional acquisition, access or use of PHI by a workforce member or person acting under the authority of a covered entity or business associate, if such acquisition, access or use was made in good faith and within the scope of authority and does not result in further use or disclosure in a manner not permitted under subpart E of the Privacy Rule. (b) Any inadvertent disclosure by a person who is authorized to access PHI at a covered entity or business associate to another person authorized to access PHI at the same covered entity, business associate, or organized health care arrangement in which City participates, and the information received as a result of such disclosure is not further used or disclosed in a manner not permitted by subpart E of the Privacy Rule. (c) A disclosure of PHI where a covered entity or business associate has a good faith belief that an unauthorized person to whom the disclosure was made would not reasonably have been able to retain such information. B. "Business Associate" has the meaning given such term in 45 CFR 164.501, including but not limited to a subcontractor that creates, receives, maintains, transmits or accesses PHI on behalf of the business associate. C. "Data Aggregation" has the meaning given such term in 45 CFR 164.501. D. "Designated Record Set' as defined in 45 CFR 164.501 means a group of records maintained by or for a covered entity that may include: the medical records and billing records about individuals maintained by or for a covered health care provider; the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or, used, in whole or in part, by or for the covered entity to make decisions about individuals. E. "Electronic Protected Health Information" ("e-PHI") as defined in 45 CFR 160.103 means protected health information transmitted by or maintained in electronic media. F. "Electronic Health Record" means an electronic record of health -related information on an individual that is created, gathered, managed, and consulted by authorized 17 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 health care clinicians and staff, and shall have the meaning given such term in 42 USC 17921(5). G. "Health Care Operations" has the meaning given such term in 45 CFR 164.501. H. "Individual" as defined in 45 CFR 160.103 means the person who is the subject of protected health information. I. "Person" as defined in 45 CFR 160.103 means a natural person, trust or estate, partnership, corporation, professional association or corporation, or other entity, public or private. J. "Privacy Rule" means the HIPAA regulations codified at 45 CFR Parts 160 and 164, Subparts A and B. K. "Protected Health Information" ("PHI") has the meaning given such term in 45 160.103, which includes ePHI. L. "Required By Law" has the meaning given such term in 45 CFR 164.103 M. "Secretary" means the Secretary of the U.S. Department of Health and Human Services ("HHS"). N. "Security Incident" as defined in 45 CFR 164.304 means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. O. "Security Rule" means the HIPAA Regulations codified at 45 CFR Parts 160 and 164, Subparts A and C. P. "Subcontractor" as defined in 45 CFR 160.103 means a person to whom a business associate delegates a function, activity, or service, other than in the capacity of a member of the workforce of such business associate. Q. "Unsecured Protected Health Information" and "Unsecured PHI" as defined in 45 CFR 164.402 means PHI not rendered unusable, unreadable, or indecipherable to unauthorized persons through use of a technology or methodology specified by the Secretary in the guidance issued under 42 USC 17932(h)(2). 2. Scope of Use and Disclosure by Contractor of Cit 's PHI and/or ePHI. A. Except as otherwise provided in this Supplemental Agreement, Consultant may use, or access PHI and/or ePHI as necessary to perform any and all obligations of Consultant under the Supplemental Agreement or to perform functions, activities or services for, or on behalf of, City as specified in this Supplemental Agreement, if such use or disclosure does not violate HIPAA, HITECH, the Privacy Rule and/or Security Rule. B. Unless otherwise limited herein, in addition to any other uses and/or disclosures permitted or authorized by this Supplemental Agreement or required by law, in accordance with 45 CFR 164.504€(2), Consultant may: (1) Use PHI and/or ePHI if necessary for Consultant's proper management and administration and to carry out its legal responsibilities; and, (2) Disclose PHI and/or ePHI for the purpose of Consultant's proper management and administration or to carry out its legal responsibilities; only if: a) The disclosure is required by law; or, b) Consultant obtains reasonable assurances, in writing, from the person to whom Consultant will disclose such PHI and/or ePHI that the person will: i. Hold such PHI and/or ePHI in confidence and use or further disclose it only for the purpose for which Consultant disclosed it to the person, or as required by law; and, ii. Notify City of any instances of which it becomes aware in which the confidentiality of the information has been breached; and, 18 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE. 05.24.2019 03/11/2019 (3) Use PHI to provide data aggregation services relating to the health care operations of City pursuant to the Supplemental Agreement or as requested by the City; and, (4) De -identify all PHI and/or ePHI of City received by Consultant under this Supplemental Agreement provided that the de -identification conforms to the requirement of the Privacy Rule and/or Security Rule and does not preclude timely payment and/or claims processing and receipt. C. Notwithstanding the foregoing, in any instance where applicable State and/or Federal laws and/or regulations are more stringent in their requirements than the provisions of HIPAA, including, but not limited to, prohibiting disclosure of mental health and/or substance abuse records, the applicable State and/or Federal laws and/or regulations shall control the disclosure records. 3. Prohibited Uses and Disclosures. A. Consultant may neither use, disclose, nor access PHI and/or ePHI in a manner not authorized by the Agreement or Supplemental Agreement without patient authorization or de -identification of the PHI and/or ePHI and as authorized in writing from the City. B. Consultant may neither use, disclose nor access PHI and/or ePHI it receives from the City or from another business associate of City, except as permitted or required by this Supplemental Agreement, or as required by law. C. Consultant agrees not to make any disclosure of PHI and/or ePHI that City would be prohibited from making. D. Consultant shall not use or disclose PHI for any purpose prohibited by the Privacy Rule, Security Rule, HIPAA and/or HITECH, including, but not limited to 42 USC 17935 and 17936. Consultant agrees: (1) Not to use or disclose PHI for fundraising, unless pursuant to the Agreement or Supplemental Agreement and only if permitted by and in compliance with the requirements of 45 CFR 164.514(f) or 45 CFR 164.508; (2) Not to use or disclose PHI for marketing, as defined in 45 CFR 164.514 or 45 CFR 164.508. (3) Not to disclose PHI, except as otherwise required by law, to a health plan for purposes of carrying out payment or health care operations, if the individual has requested this restriction pursuant to 42 USC 17935(a) and 45 CFR 164.522, and has paid out of pocket in full for the health care item or services to which the PHI solely relates; and, (4) Not to received, directly or indirectly, remuneration in exchange for PHI, or engage in any act that would constitute a sale of PHI, as defined in 45 CFR 164.502(a)(5)(ii), unless permitted by the Agreement or Supplemental Agreement and in compliance with the requirements of a valid authorization under 45 CFR 164.508(a)(4). This prohibition shall not apply to payment by the City to Consultant for services provided pursuant to the Agreement. 4. Obligations of City. A. City agrees to make its best efforts to notify Consultant promptly in writing of any restrictions on the use or disclosure of PHI and/or ePHI agreed to by the City that may affect Consultant's ability to perform its obligations under the Agreement or the Supplemental Agreement. 19 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE. 05.24.2019 03/11/2019 B. City agrees to make its best efforts to promptly notify Consultant in writing of any changes in, or revocation of, permission by any individual to use or disclose PHI and/or ePHI, if such changes or revocation may affect Consultants ability to perform its obligations under the Agreement or the Supplemental Agreement. C. City agrees to make its best efforts to promptly notify Consultant in writing of any known limitation(s) in its notice of privacy practices to the extent that such limitation may affect Consultant's use or disclosure of PHI and/or ePHI. D. City agrees not to request Consultant to use or disclose PHI and/or ePHI in any manner that would not be permissible under HITECH, HIPAA, and the Privacy Rule, and/or Security Rule. E. City agrees to obtain authorizations necessary for the use or disclosure of PHI and/or ePHI, so that Consultant can perform its obligations under this Agreement and Supplemental Agreement. 5. Obligations of Consultant. In connection with the use or disclosure of PHI and/or ePHI. Consultant agrees to: A. Use or disclose PHI only if such use or disclosure complies with each applicable requirement of 45 CFR164.504(e). Consultant shall also comply with the additional privacy requirements that are applicable to covered entities in HITECH, as may be amended from time to time. B. Not use or further disclose PHI and/or ePHI other than as permitted or required by this Supplemental Agreement or as required by law. Consultant shall promptly notify the City if Consultant is required by law to disclose PHI and/or ePHI. C. Use appropriate safeguards and comply, where applicable, with the Security Rule with respect to ePHI, to prevent use or disclosure of PHI and/or ePHI other than as provided for by this Supplemental Agreement. D. Mitigate, to the extent possible, any harmful effect that is known to Consultant of a use or disclosure of PHI and/or ePHI by Consultant in violation of this Supplemental Agreement. E. Report to City any use or disclosure of PHI and/or ePHI not provided for by this Supplemental Agreement or otherwise in violation of HITECH, HIPAA, the Privacy Rule, and/or Security Rule of which Consultant becomes aware, including breaches of unsecured PHI as required by 45 CFR 164.410. F. In accordance with 45 CFR 164.502(e)(1)(ii), require that any subcontractors that create, receive, maintain, transmit or access PHI on behalf of the Consultant agree through contract to the same restrictions and conditions that apply to Consultant with respect to such PHI and/or Ephi, including the restrictions and conditions pursuant to this Supplemental Agreement. G. Make available to City of the Secretary, in the time and manner designated by the City or Secretary, Consultants internal practices, books and records relating to the use, disclosure and privacy protection of PHI received from City, or created or received by Consultant on behalf of City, for purposes of determining, investigating or auditing Consultant's and/or City's compliance with the Privacy Rule. H. Request, use or disclose only the minimum amount of PHI necessary to accomplish the intended purpose of the request, use or disclosure in accordance with 42 USC 17935(b) and 45 CFR 164.502(b)(1). I. Comply with requirements of satisfactory assurances under 45 CFR 164.512 relating to notice or qualified protective order in response to a third party's subpoena, discovery request, or other lawful process for the disclosure of PHI, which Consultant shall promptly notify City upon Consultant's receipt of such request from a third party. 20 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 J. Not require an individual to provide patient authorization for use or disclosure of PHI as a condition of treatment, payment, enrollment in any health plan, or eligibility of benefits, unless otherwise excepted under 45 CFR 164.508(b)(4) and authorized in writing by City. K. Use appropriate administrative, technical and physical safeguards to prevent inappropriate use, disclosure, or access of PHI and/or Ephi. L. Obtain and maintain knowledge of applicable laws and regulations related to HIPAA and HITECH, as may be amended from time to time. M. Comply with the requirements of the Privacy Rule that apply to the City to the extent Consultant is to carry out City's obligations under the Privacy Rule. N. Take reasonable steps to cure or end any pattern of activity or practice of its subcontractor(s) of which Consultant becomes aware that constitute a material breach or violation of the subcontractor's obligations under the business associate contract with Consultant, and if such steps are unsuccessful, Consultant agrees to terminate it contract with the subcontractor(s) if feasible. 6. Access to PHI, Amendment and Disclosure Accounting. Consultant agrees to: A. Access to PHI, including Ephi. Provide access to PHI, including Ephi if maintained electronically, in a designated record set to City or an individual as directed by City, within five (5) days of request from City, to satisfy the requirements of 45 CFR 164.524. B. Amendment of PHI. Make PHI available for amendment and incorporate amendments to PHI in a designated record set City directs or agrees to at the request of an individual, within fifteen (15) days of receiving a written request from the City, in accordance with 45 CFR 164.526. C. Accounting of disclosure of PHI and electronic health record. Assist City to fulfill its obligations to provide accounting of disclosures of PHI under 45 CFR 164.528 and, where applicable, electronic health records under 42 USC 17935(c) if Consultant uses or maintains electronic health records. Consultant shall: (1) Document such disclosures of PHI and/or electronic health records, and information related to such disclosures, as would be required for City to respond to a request by an individual for an accounting of disclosures of PHI and/or electronic health record in accordance with 45 CFR 164.528. (2) Within fifteen (15) days of receiving a written request from City, provide to City or any individual as directed by City information collected in accordance with this section to permit City to respond to a request by an individual for an accounting of disclosures of PHI and/or electronic health record. (3) Make available for City information required by this Section 6.c for six (6) years preceding the individual's request for accounting of disclosures of PHI, and for three (3) years preceding the individual's request for accounting of disclosures of electronic health record. 7. Security of ePHI. In the event City discloses ePHI to Consultant or Consultant needs to create, receive, maintain, transmit or have access to City ePHI, in accordance with 42 USC 17931 and 45 CFR 164.314(a)(2)(i), and 164.306, Consultant shall: A. Comply with the applicable requirements of the Security Rule, and implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of ePHltht Consultant creates, 21 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 receives, maintains, or transmits on behalf of the City in accordance with 45 CFR 164.308. 164.310, and 164.312; B. Comply with each of the requirements of 45 CFR 164.316 relating to the implementation of policies, procedures, and documentation requirements with respect to ePHI; C. Protect against any reasonably anticipated threats or hazards to the security or integrity of ePHI; D. Protect against any reasonably anticipated uses or disclosures of ePHI that are not permitted or required under the Privacy Rule; E. Ensure compliance with the Security Rule by Consultants workforce; F. In accordance with 45 CFR 164.308(b)(2), require that any subcontractor's that create, receive, maintain, transmit, or access ePHI on behalf of the Consultant agree through contract to the same restrictions and requirements contained in this Supplemental Agreement and comply with the applicable requirements of the Security Rule; G. Report to City any security incident of which Consultant becomes aware, including breaches of unsecured PHI as required by 45 CFR 164.410; and, H. Comply with any additional security requirements that are applicable to covered entities in Title 41 (Public Health and Welfare) of the United States Code, as may be amended from time to time, including but not limited to HITECH. 8. Breach of Unsecured PHI. In the case of breach of unsecured PHI, Consultant shall comply with the applicable provisions of 42 USC 17932 and 45 CFR Part 164, Subpart D, including but not limited to 45 CFR 164.410. A. Discovery and notification. Following the discovery of a breach of unsecured PHI, Consultant shall notify City in writing of such breach without unreasonable delay and in no case later than 60 calendar days after discovery of breach, except as provided in 45 CFR 164.12. (1) Breaches treated as discovered. A breach is treated as discovered by Consultant as of the first day on which such breach is known to Consultant or , by exercising reasonable diligence, would have been known to Consultant, which includes any person, other than the person committing the breach, who is an employee, officer, or other agent of the Consultant (determined in accordance with the federal common laws of agency). (2) Content of notification. The written notification to City relating to breach of unsecured PHI shall include, to the extent possible, the following information if known (or can be reasonably obtained) by Consultant: (a) The identification of each individual whose unsecured PHI has been, or is reasonably believed by Consultant to have been accessed, acquired, used or disclosed during the breach; (b) A brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; (c) A description of the types of unsecured PHI involved in the breach, such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or4 other types of information were involved; (d) Any steps individuals should take to protect themselves from potential harm resulting from the breach; (e) A brief description of what Consultant is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches; and, 22 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 (f) Contact procedures for individuals to ask questions or learn additional information, which shall include a toll -free telephone number, an E-Mail address, website, or postal address. B. Cooperation. With respect to any breach of unsecured PHI reported by Consultant, Consultant shall cooperate with City and shall provide City with any information requested by City to enable City to fulfill in a timely manner its own reporting and notification obligations, including but not limited to, providing notice to individuals, prominent media outlets and Secretary in accourdance with 42 USC 17932 amd 45 CFR 164.404, 164.406, and 164.408. C. Breach Iog.To the extent breach of unsecured PHI involves less than 500 individuals, Consultant shall maintain a log or other documentation of such breaches and provide such log or other documentation on an annual basis to City not later than fifteen (15) days after the end of each calendar year for submission to the Secretary. D. Delay of notification_ by law enforcement_ If Consultant delays notification of breach of unsecured PHI pursuant to a law enforcement official's statement that required notification, notice or posting would impede a criminal investigation or cause damage to national security, Consultant shall maintain documentation sufficient to demonstrate its compliance with the requirements of 45 CFR 164.412. E. Payment of costs.With respect to any breach of unsecured PHI caused solely by the Consultant's failure to comply with one or more of its obligations under this Supplemental Agreement and/or the provisions of HITECH, HIPAA, the Privacy Rule or the Security Rule, Consultant agrees to pay any and all costs associated with providing all legally required notifications to individuals, media outlets, and the Secretary. This provision shall not be construed to limit or diminish Consultant's obligations to indemnify, defend and hold harmless the City under Section 9 of this Supplemental Agreement. F. Documentation. Pursuant to 45 CFR 164.414(b), in the event Consultant's use or disclosure of PHI and/or ePHI violates the Privacy Rule, Consultant shall maintain documentation sufficient to demonstrate that all notifications were made by Consultant as required by 45 CFR Part 164, Subpart D, or that such use or disclosure did not constitute a breach, including Consultant's completed risk assessment and investigation documentation. G. Additional State Reporting Requirements. The City of Temecula has no oversight for licensed clinics, health facilities, home health agencies or hospices and therefore State reporting is not applicable to this Supplemental Agreement. 9. Hold Harmless/Indemnification. A. 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, 23 R:/FI NANCE/AGRE E ME NTS/FI NANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. B. With respect to any action or claim subject to indemnification herein by Consultant, Consultant shall, at their sole cost, have the right to use Counsel of their choice, subject to the approval of the City, which shall not be unreasonable withheld, and shall the right to adjust, settle, or compromise any such action or claim without the prior consent of City, provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes Consultant's indemnification to City as set forth herein. Consultant's obligation to defend, indemnify and hold harmless City shall be subject to City having given Consultant written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at Consultant's expense, for the defense or settlement therof. Consultant's obligation hereunder shall be satisfied when Consultant has provided to the City the appropriate form of dismissal relieving City from any liability for the action or claim involved. C. The specified insurance limits required in the Agreement to this Supplemental Agreement shall in no way limit or circumscribe Consultant's obligations to indemnify and hold harmless City herein from third party claims arising from issues of this Supplemental Agreement. D. In the event there is conflict between this clause and California Civil Code 2782, this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve Consultant from indemnifying City to the fullest extend allowed by law. E. In the event there is a conflict between this indemnification clause and an indemnification clause contained in the Agreement of this Supplemental Agreement, this indemnification shall only apply to the subject issues included within this Supplemental Agreement. 10. Term.This Supplemental Agreement shall commence upon the Effective Date and shall terminate when all PHI and/or ePHI provided by the City to Consultant, or created or received by the Consultant on behalf of the City, is destroyed or returned to City, or, if it is infeasible to return or destroy PHI and ePHI, protections are extended to such information, in accordance with section 11.13 of this Supplemental Agreement. 11. Termination. A. Termination for Breach of Contract. A breach of any provision of this Supplemental Agreement by either party shall constitute a material breach of the Agreement and will provide grounds for terminating this Supplemental Agreement and the Agreement with or without an opportunity to cure the breach, notwithstanding any provision in the Agreement to the contrary. Either party, upon written notice to the other party describing the breach, may take any of the following actions: (1) Terminate the Agreement and this Supplemental Agreement, effective immediately, if the other party breaches a material provision of the Supplemental Agreement. (2) Provide the other party with an opportunity to cure the alleged material breach and in the event the other party fails to cure the breach to the satisfaction of the 24 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES. POLICE.05.24.2019 03/11/2019 non -breaching party in a timely manner, the non -breaching party has the right to immediately terminate the Agreement and the Supplemental Agreement. (3) If termination of the Agreement is not feasible, the breaching party, upon the request of the non -breaching party, shall implement, at its own expense, a plan to cure the breach and report regularly on its compliance with such plan to the non -breaching party. B. Effect of Termination. (1) Upon termination of this Supplemental Agreement, for any reason, Consultant shall return or, if agreed to in writing by the City, destroy all PHI and/or ePHI received from the City or created or received by the Consultant on behalf of the City, and, in the event of destruction, Consultant shall certify such destruction, in writing, to City. This provision shall apply to all PHI and/or ePHI which are in the possession of subcontractors or agents of Consultant. Consultant shall retain no copies of PHI and/or ePHI, except as provided below in paragraph (2) of this section. (2) In the event that Consultant determines that returning or destroying the PHI and/or ePHI is not feasible, Consultant shall provide written notification to City of the conditions that make such return or destruction not feasible. Upon determination by Consultant that return or destruction of PHI and/or ePHI is not feasible, Consultant shall extend the protections of this Supplemental Agreement to such PHI and/or ePHI and limit further uses and disclosures of such PHI and/or ePHI to those purposes which make the return or destruction not feasible, for so long as Consultant maintains such PHI and/or ePHI. 12. General Provisions. A. Retention Period. Whenever Consultant is required to document or maintain documentation pursuant to the terms of this Supplemental Agreement, Consultant shall retain such documentation for six (6) years from the date of its creation or as otherwise prescribed by law, whichever is later. B. Amendment. The parties agree to take such action as is necessary to amend this Supplemental Agreement from time to time as is necessary for City to comply with HITECH, the Privacy Rule, and HIPAA generally. C. Survival. The obligations of Consultant under Sections 3,5,6,7,8,9,11.13 and 12.A of this Supplemental Agreement shall survive the termination or expiration of this Supplemental Agreement. D. Regulatory and Statutory References.A reference in this Supplemental Agreement to a section in HITECH, HIPAA, the Privacy Rule and/or Security Rule means the section(s) as in effect or amended. E. Interpretation of Supplemental Agreement. (1) This Supplemental Agreement shall be construed to be a part of the Agreement as one document. The purpose is to supplement the Agreement to include the requirements of the Privacy Rule, Security Rule, HIPAA and HITECH generally. (2) Any ambiguity between this Supplemental Agreement and the Agreement shall be resolved to permit City to comply with the Privacy Rule, Security Rule, HIPAA and HITECH generally. F. Notices to City. All notifications required to be given by Consultant to City pursuant to the terms of this Supplemental Agreement shall be made in writing and delivered to City both by U.S. Mail to both the addresses listed below by registered or certified mail return receipt or guaranteed overnight mail with tracing capability, or a such other address as the City may hereafter designate. All notices to City provided by 25 R:/FI NANCE/AGRE E ME NTS/FI NANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 Consultant pursuant to this Section shall be deemed given or made when received by City: City of Temecula City of Temecula Police Department Attn: City Manager Southwest Station 41000 Main Street Attn: Chief of Police Temecula, CA 92590 30755-A Auld Road Murrieta, CA 92562 26 R:/FINANCE/AGREEMENTS/FINANCE DEPT AGREEMENTS/AGREEMENTS 2019-20/AMERICAN FORENSIC NURSES/PHLEBOTOMY SERVICES.POLICE.05.24.2019 03/11/2019 Item No. 6 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: July 9, 2019 SUBJECT: Approve a Cooperative Agreement with Nonprofit Our Nicholas Foundation in Support of Various Human Services Programs and Activities (At the Request of Mayor Naggar) PREPARED BY: Yvette Martinez, Community Services Manager RECOMMENDATION: That the City Council approve a cooperative agreement with nonprofit Our Nicholas Foundation for in -kind City support valued at $754 and $8,300 in promotional services of various Human Services programs and activities. BACKGROUND: The City of Temecula is committed to serving youth with special needs and their families. As outlined in the Youth Master Plan Addendum, the City has developed a framework that includes a set of strategic directions that outline the major categories of action for achieving the community's vision and desired outcome to serve youth with special needs. Categories include Community Education, Volunteerism, Training, Public -Private Partnerships and Resources, and Programs and Services. The goals in developing these strategies are to facilitate partnerships, leverage existing resources, and capitalize on the community's "Can do" spirit. The Partnership between the City of Temecula and Our Nicholas Foundation exists to leverage resource opportunities; create, expand, and improve programs and services; facilitate inclusion, and promote special needs awareness. The City of Temecula and Our Nicholas Foundation have worked cooperatively to host various programs, services, and events for the residents of Temecula and surrounding cities. This partnership will continue through the following activities: Autism Christmas Event: Our Nicholas Foundation will host Christmas parties for children with autism and their families at a City Facility. The Christmas party will offer arts and crafts, activities, gift giving, refreshments, and a visit with Santa around familiar friends and family without the stress of waiting in long lines. Special Needs Playground Programs: The Eagle Soar Playground at Margarita Community Park will host weekly two-hour Special Needs Programs in the summer July through August, and on the second Saturday of each month September through June. The program is a cooperative effort between the City of Temecula, Our Nicholas Foundation, Van Avery Prep, and Comprehensive Autism Center. Programs will be themed and include social skills, recreational activities, arts and crafts, and peer development for children with special needs. This program will require the park to be closed to the public. The program has served over 650 people thus far. Our Nicholas Foundation organizes each activity and the City provides staff support and advertising. In order to fulfill the desired outcomes and goals of the Youth Master Plan Addendum to serve youth with special needs, the continuation of this formalized cooperative partnership between the City of Temecula and Our Nicholas Foundation is essential in continuing to provide these types of programs and activities to our community with special needs. This entails the use of in -kind Community Services facilities and staff support valued at $138 and $116 respectively, material costs of $500, and in -kind promotional services valued at $8,300. The non-profit Our Nicholas Foundation shall provide the following benefits and in -kind services for the citizens of Temecula which include City of Temecula logo or name on advertisements, press releases, event posters, event flyers, and event shirts; enrichment activities for the playground program and the Christmas event to benefit children and families affected by autism. This cooperative partnership enables the City to continue to bridge gaps in services, increase opportunities, and expand and enhance programs that support the Special Needs community. FISCAL IMPACT: Funds for material costs and support have been allocated in the TCSD Fiscal Year 2019-20 Annual Operating Budget. ATTACHMENTS: Cooperative Agreement COOPERATIVE AGREEMENT BETWEEN CITY OF TEMECULA AND OUR NICHOLAS FOUNDATION THIS AGREEMENT is made and effective as of this 9th day of July, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Our Nicholas Foundation, a California nonprofit corporation (hereinafter referred to as the "Nonprofit'). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a.) The Nonprofit will host an Autism Christmas Event in December at a City Facility. The Event will offer children with autism and their families a Christmas Party with arts and crafts, activities, gift giving, refreshments, and a visit from Santa. b.) The Nonprofit will cohost a Special Needs Park Program beginning in July through August and on the 2"d Saturday of each month beginning September through June (excluding November, December, January and February). i. The program includes social skill activities, arts & crafts, and peer development. c.) Alcohol will not be served at any of the above mentioned events/programs. d.) The City desires to be a Co -Sponsor of all the above mentioned events/programs, providing in -kind support including facilities, staff support, materials, and advertising as described in Exhibit B. 2. TERM This Agreement shall commence on July 9, 2019, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for two one-year terms. In no event shall the contract be extended beyond June 30, 2022. 3. CONSIDERATION a. 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 Nonprofit 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. 5. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 6. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement. 7. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by July 25, 2019, 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. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall 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 Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:Vll or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 8. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 9. LEGAL RESPONSIBILITIES The Nonprofit 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 Nonprofit 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 Nonprofit to comply with this section. 10. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 11. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: Our Nicholas Foundation Attn: Mark Anselmo 31493 Rancho Pueblo Rd #205 Temecula, CA 92592 12. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 13. 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. 14. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: OUR NICHOLAS FOUNDATION (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Mark Anselmo, Founder By: Kathy Anselmo, Founder By: Peter M. Thorson, City Attorney NONPROFIT Our Nicholas Foundation Mark Anselmo 31493 Rancho Pueblo Rd. #205 951-303-8732 TeamONF@gmail.com PM Initials• Date: 1 EXHIBIT "A" CITY OF TEMECULA SPONSORSHIP BENEFITS CO-SPONSOR Our Nicholas Foundation shall provide the following benefits and services for the citizens of the City of Temecula: • 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 • City of Temecula logo/name on event t-shirt if applicable • Enrichment Activities at Special Needs Park Program for City of Temecula and park users • Christmas Event to benefit children and families affected by Autism "Press Releases will be distributed to all local media, however, publication cannot be guaranteed. Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc. EXHIBIT "B" IN -KIND SERVICES ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS PER YEAR Based on the input from City departments we received estimated cost projections for the Autism Christmas Party events. The following expenses can be anticipated for the event: Community Services Facility Rental: $ 138.00 Community Services Staff Hours: $ 116.00 Community Services Material Costs: 500.00 TOTAL: $ 754.00 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 Our Nicholas Foundation events and programs is as follows: Item 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 TOTAL VALUE: Value $ 5,100.00 $ 2,200.00 $ 1,000.00 $ 8,300.00 Item No. 7 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Kevin Hawkins, Director of Community Services DATE: July 9, 2019 SUBJECT: Approve an Agreement with Musson Theatrical, Inc., for the Replacement of the Old Town Temecula Community Theater Projection System Equipment PREPARED BY: Lisa Waterman, Senior Administrative Assistant RECOMMENDATION: That the City Council approve an agreement with Musson Theatrical, Inc. in the amount of $61,918.74 for the replacement of the projection system equipment at the Old Town Temecula Community Theater. BACKGROUND: On June 4, 2019, the Community Services Department posted a Request for Quotes (RFQ) on the City's online bidding service, Planet Bids, for the replacement of the theater projection system equipment. Two qualified quotes were received. Musson Theatrical, Inc. was the lowest qualified bidder. Staff is recommending award of contract to Musson Theatrical, Inc. FISCAL IMPACT: Funds have been allocated in the Fiscal Year 2019-20 Facility Replacement Fund (account 350.199.999.5610). ATTACHMENTS: Agreement PURCHASE AGREEMENT BETWEEN CITY OF TEMECULA AND MUSSON THEATRICAL, INC. THEATER PROJECTION SYSTEM EQUIPMENT REPLACEMENT THIS AGREEMENT is made and effective as of July 9, 2019, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Musson Theatrical, Inc., a Corporation (hereinafter referred to as "Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 9, 2019, 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. 2. PURCHASE AND SALE OF MERCHANDISE On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Vendor agrees to sell and deliver to City merchandise as more particularly described in Exhibit A, attached hereto and incorporated herein as though set forth in full (hereafter "Merchandise"). This is a non-exclusive agreement between the City and Vendor and no guarantee of purchase or total purchase price as outlined in the section entitled "Purchase Price" is given or implied. This Agreement shall remain and continue in effect unless terminated pursuant to the provisions of this Agreement. 3. PURCHASE PRICE The Purchase Price, which City agrees to pay to Vendor for the merchandise, will be as quoted in Exhibit A, with a not to exceed amount of Sixty One Thousand Nine Hundred Eighteen Dollars and Seventy Four Cents ($61,918.74) for the total term of the agreement. Vendor will submit invoices monthly for actual merchandise ordered and received. Invoices shall be submitted between the first and fifteenth day of each month for merchandise delivered and received. Payment shall be made within thirty (30) days of receipt of the invoice as to all non -disputed fees. If the City disputes any of the Vendor's fees, it shall give written notice to the Vendor within thirty (30) days of receipt of the invoice of the disputed fees on the invoice. The not to exceed purchase amount listed herein is an estimated expenditure and this agreement does not guarantee Vendor this amount in purchases. 4. REPRESENTATION AND WARRANTIES OF VENDOR Vendor makes the following representations and warranties to City: a. Authority and Consents. Vendor has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement. No approvals or consents of any persons are necessary in connection with Vendor's execution, delivery and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery and performance of this Agreement by Vendor have been duly authorized by 02/27/2019 all necessary action on the part of Vendor and constitute the legal, valid and binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms. b. Title License and Operating Condition, Vendor has good and marketable title to all of the Merchandise. All of the Merchandise is free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Merchandise 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 Merchandise is in good operating condition, is free of any defects, and is in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. C. Full Disclosure. None of the representations and warranties made by Vendor in this Agreement contains or will contain any untrue statements of a material fact, or omits to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading. order. 5. TIME OF DELIVERY The date and time of delivery of the merchandise shall be as stated at time of order. 6. PLACE OF DELIVERY The merchandise shall be delivered to the City location as stated at time of merchandise 7. RISK OF LOSS Risk of loss, damage and destruction of the merchandise shall remain with the Vendor until after inspection and acceptance of the merchandise by City. 8. INSPECTION AND ACCEPTANCE City shall inspect the merchandise at the time and place of delivery. Such inspection may include reasonable review by City. If, in the determination of City, the merchandise fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise shall be deemed accepted by City as of the date of receipt. 9. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or units of the Merchandise and reject the remainder. The exercise of any of the above options shall be "without prejudice" and with full reservation of any rights and remedies of City attendant upon a breach. In the event of such notice and election by City, City agrees to comply with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in following such instructions, Vendor shall indemnify City in full for such expenses. 02/27/2019 10. NO REPLACEMENTS OF CURE This Agreement calls for strict compliance, Vendor expressly agrees that both the merchandise tendered and the tender itself will conform fully to the terms and conditions of the Agreement on the original tender. In the event of rejection by City of the whole of the merchandise or any part thereof pursuant to the section entitled "Rejection", City may, but is not required to, accept any substitute performance from Vendor or engage in subsequent efforts to effect a cure of the original tender by Vendor. 11. INDEMNIFICATION Vendor 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, and its officers, officials, employees, agents, and volunteers, from and against any and all claims, demands, losses, defense costs or expenses, actions, liability or damages of any kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees, and volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions arising out of or in any way related to the Work or the Vendor's performance or non-performance of this Agreement, excepting only liability out of the sole negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 12. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: ■ Description of Merchandise and Price List, attached hereto as Exhibit A + Payment Rates and Schedule, attached hereto as Exhibit B 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, and a Vendor quote the prices list as attached hereto and incorporated herein prevail over the Vendor's quote. 13. REMEDIES The remedies and rights conferred on the City by this Agreement are in addition to and cumulative with all other remedies and rights accorded the City under law or equity. 14. SURVIVAL OF RERESENTATIONS AND WARRANTIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery and performance of this Agreement. 15. LEGAL RESPONSIBILITIES The Vendor shall keep itself informed of State and Federal laws and regulations, which in any manner affect those employed by it or in any way affect the performance of its service 02/27/2019 pursuant to this Agreement. The Vendor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Vendor to comply with this section. 16. ASSIGNMENT The Vendor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors and assigns. Upon termination of the Agreement, Vendor's sole compensation shall be payment for actual equipment received. 17. SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed to remain fully valid, enforceable, and binding on the parties. 18. 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 Vendor at least ten (10) days prior written notice. Upon receipt of said notice, the Vendor 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 Vendor the actual value of the merchandise produced up to the time of termination, provided the merchandise was ordered by the City prior to termination of the Agreement. Upon termination of the Agreement pursuant to this Section, the Vendor will submit an invoice to the City pursuant to the section entitled "Purchase Price." 19. 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 Vendor, or Vendor's sub -Contractors for this project, during his/her tenure or for one year thereafter. The Vendor 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 Vendor or Vendor's sub -Contractors on this project. Vendor 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. 20. ENTIRE AGREEMENT; MODIFICATION; WAIVER This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and thereof and supersedes all prior and contemporaneous agreements, representations and understandings of the parties, whether oral or written. No supplement, modification or amendment of this Agreement or the Agreement Documents shall be binding 02/27/2019 unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement or the Agreement Documents shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 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: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Musson Theatrical, Inc. Attn: Bobbie Odehnal 890 Walsh Avenue Santa Clara, CA 95050 22. EFFECTS OF HEADINGS The subject headings of the sections and subsections of this Agreement are included for convenience only and shall not affect or be considered in the construction or interpretation of any of its provisions. 23. GOVERNING LAW This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The City and Vendor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 24. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Vendor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Vendor and has the authority to bind the Vendor to the performance of its obligation hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following 02/27/2019 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: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney MUSSON THEATRICAL, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) Bob Downs, President By: Dave Rimerman, Vice President' VENDOR MUSSON THEATRICAL, INC. Attn: Bobbie Odehnal 890 Walsh Avenue Santa Clara, CA 95050 (800) 843-2837 to PM Initia s: Date: &-,I 12�f 02/27/2019 EXHIBIT A Outline of Order Procedure Vendor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Vendor, for the purchase of goods or services. The procedure for ordering goods or requesting services is set forth as follows: A. Ordering Process 1. The City Manager or his designee shall submit to Vendor a written "Request for Order/Services". The Request for Order/Services shall include a description of the items to be purchased, the time and location for delivery, and the plans and specifications for goods and equipment, if any. 2. Within five (5) business days of the date of the Request for Order, Vendor shall respond in writing to the Request for Order/Services and advise the City Manager or his designee whether the goods are available or services can be performed, along with the cost and estimated delivery. 3. In the event an emergency or service is required, the City Manager or his designee may transmit the Request for Order orally to the Vendor. As soon as practical following the emergency, the Vendor and City designee shall in good faith confirm in writing the scope of the emergency order submitted or services undertaken. 4. Upon acceptance of the Vendor's response by the City Manager or his designee the Vendor shall proceed with the order. The acceptance of the goods shall be pursuant to the terms of this Agreement. B. Type of being procured, but not limited to: 1. Theater projection system equipment 02/27/2019 EXHIBIT B DESCRIPTION OF MERCHANDISE PRICE LIST AND PAYMENT RATES AND SCHEDULE Cost shall be as per Vendor price listing attached hereto in and incorporated herein as though set forth in full. Cost of merchandise shall be as quoted, but in no event shall the total Agreement amount exceed $61,918.74 as outlined in Section 3 of this Agreement. Musson Theatrical, Inc. Sales Quotation in the amount of $61,918.74 is on next page. 02/27/2019 mussor�1 890 Walsh Avenue, Santa Clara, CA 95050 n 800-THEATER a Fox 408-986-9552 • www.musson.com THEATRICAL Musson Theatrical - SALES QUOTATION Rep: Steve Odehnal Direct Line (916) 661-0554 Client: City of Temecula Contact: Bill Stravn Address: 42051 Main St. Temecula, CA 92590 Phone: (951) 308-6378 Project: THEATER PROJECTION SYSTEM EQUIPMENT REPLACEMENT Ext: Date: 6/12/2019 Cell: (951) 551-0432 cft), model Descriplion Cost Subtotal PROJECTION AND VIDEO PLAYBACK DIGITAL PROJECTION 1 119-673 M-Vision 21000 WU Projector $ 23,756.40 $ 23,756.40 1 117-573 1.2- 1.56:1 Lens $ 4,196.40 $ 4,196.40 1 118-588 2.0 - 4.0 :1 Lens $ 3.356.40 $ 3,356.40 1 5YR-WRT 5 year warranty upgrade (from standard 1 year) $ 2,700.00 $ 2,700.00 DA-LIT E t Da-Lite Screen 10x17 (for 9 x 16 front projections $ 3.724.80 $ 3,724.80 surface) drilled to fly - no legs - 6" black border BLACK MAGIC DESIGN 1 Ultrastudio 4K Extreme 3 / REG $ 3,162.50 $ 3,162.50 1 ATEM 2 M / E Production Studio 4K / REG $ 4,169.00 $ 4,169.00 1 ATEM 1 M / E Advanced Broadcast Panel / REG $ 3.298.90 $ 3,298.90 1 Smartview Studio 2-LCD Mon / REG $ 5W.00 $ 506.00 4 Micro Converter - HDMI to SDI vd P%T Supply / REG $ 53.90 $ 215.60 2 Micro Converter - SDI to HDMI w/ Pvr Supply / REG $ 56.10 $ 112.20 APPLE 1 Apple Mini Mac Computer $ 2,798.88 $ 2,798,88 DELL 3 U2719DC DELL Ultra Sharp 27 USB-C Monitor $ 582.39 $ 1,747.17 MASTER FX 1 MasterFX Mystic Hazers (no road case) $ 2,249.99 $ 2,249.99 sub total $ 55,994.24 tax 8.75% $ 4,899.50 freight $ 1,025,00 TOTAL PURCHASES $ 61,918.74 NOTES: Pricing is valid for 30 days and must be verified for purchase outside that time frame. Musson Theatrical has been in business for 47 years. We have the ability to provide the specified products. 9 02/27/2019 Item No. 8 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: July 9, 2019 SUBJECT: Adopt a Resolution to Authorize Application for, and Receipt of, SB 2 Planning Grants Program Funds (Long Range Planning Project No. LR19-0274) PREPARED BY: Sara Toma, Assistant Planner RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS BACKGROUND: In 2017, Governor Brown signed a fifteen bill housing package aimed at addressing the state's housing shortage and high housing costs. Specifically, it included the Building Homes and Jobs Act (Senate Bill 2), which established a $75 recording fee on real estate to increase the supply of affordable homes in California. Because the number of real estate transactions recorded in each county will vary from year to year, the revenues collected will fluctuate. The purpose of SB 2 is to provide funding and assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. Funded activities are intended to: • Accelerate housing production • Streamline the approval of housing development • Facilitate housing affordability, particularly for lower and moderate -income households • Promote development consistent with the State Planning Priorities The legislation directed the California Department of Housing and Community Development (HCD) to use 50 percent of the revenue in the first year to establish a program that provides financial and technical assistance to local governments to: • Update planning documents to streamline housing production including: o General Plans o Housing Element o Community Plans o Specific Plans o Implementation of sustainable communities strategies • Prepare new environmental analyses that eliminate the need for project -specific review and local process updates that improve and expedite local permitting. On March 28, 2019, HCD released the Notice of Funding Availability (NOFA) for approximately $123 million under the SB 2. Jurisdictions are eligible to participate in a non-competitive grant process for funds. Funds are determined by jurisdiction population. For a jurisdiction with a population of 60,000 to 200,000 residents, based on City of Temecula population size of 113,181 residents, the maximum available funding is $310,000. The City of Temecula will be applying to HCD for the maximum available grant funding authorized underneath the Planning Grants Program (PGP) provisions of SB 2 (Chapter 364, Statutes of 2017) for the following eligible planning activities: • Housing Element Update • Objective Design and Development Standards • Accessory Dwelling Unit (ADU) Expedited Program • Water Quality Master Plan (WQMP) for Uptown and Old Town Specific Plans The goals of the planning activities listed above coincide with the City's Quality of Life Master Plan and the adopted General Plan, as well as meet state mandated housing laws. FISCAL IMPACT: If the City is successful at securing SB 2 funds, the City may receive up to $310,000 towards the cost of the Housing Element Update, Objective Design Standards, ADU Expedited Program, and Water Quality Master Plan. If awarded, the grant funds would offset the cost of these anticipated projects from the City's General Fund. ATTACHMENTS: 1. Resolution 2. HCD NOFA Letter Dated March 28, 2019 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZIG APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) dated March 28, 2019, for its Planning Grants Program (PGP); and WHEREAS, the City Council of Temecula desires to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and WHEREAS, the Department is authorized to provide up to $1.2 million under SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statues of 2017 (SB 2) related to the PGP Program. NOW, THEREFORE, THE CITY COUNCIL OF TEMECULA RESOLVES AS FOLLOWS: Section 1. The City Council hereby authorizes the City Manager or his/her designee to apply for and submit to the Department the 2019 Planning Grants Program Application released March 28, 2019 in the amount of $310,000. Section 2. In connection with the PGP grant, if the application is approved by the Department, the City Manager or his/her designee is authorized to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) for the amount of $310,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the PGP grant, the City of Temecula obligations related thereto, and all amendments thereto (collectively, the "PGP Grant Documents"). Section 3. The City of Temecula shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The City of Temecula hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application. Section 4. The City Manager or his/her designee is authorized and directed to execute the City of Temecula Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the City of Temecula as required by the Department for receipt of the PGP Grant. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of July, 2019. Michael S. Naggar, 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. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9t' day of July, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY Gavin Newsom, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FINANCIAL ASSISTANCE 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2771 / FAX (916) 263-2763 www. hcd.ca.gov March 28, 2019 MEMORANDUM FOR: All Potential Applicants FROM: Zachary Olmstead, Deputy Director Division of Housing Policy Development SUBJECT: NOTICE OF FUNDING AVAILABILITY - SB 2 PLANNING GRANTS PROGRAM The Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $123 million under the Senate Bill 2 (SB 2, 2017) Planning Grants Program (PGP). SB 2 established a permanent source of funding intended to increase the affordable housing stock in California. The legislation directs the Department to use 50 percent of the first year's revenue to establish a program that provides financial and technical assistance to local governments to update planning documents and land -use ordinances. The PGP is intended for the preparation, adoption, and implementation of plans that streamline housing approvals and accelerate housing production. In order to be eligible for grant funding, an applicant must submit a complete, signed original application and an electronic copy on CD or USB flash drive. OTC applications will be accepted for an eight -month period ending on November 30, 2019. The Department will only accept applications through a postal carrier service that provides date stamp verification confirming delivery to the Department's office, such as the U.S. Postal Service, UPS, Fed Ex, or other carrier services. No facsimiles, late applications, incomplete applications, application revisions, electronic submittals, or walk-in application packages will be accepted. All applications must be submitted to the Department at the following address: Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Ave, Suite 500 Sacramento, CA 95833 PGP applications and forms are available on the Department's website. Please refer to the Planning Grants Program Guidelines for detailed information on eligible activities, applicants, and awards. If you have questions regarding this NOFA, please email the Department at sb21Dlanninggrant(@hcd.ca.gov. Attachment PLANNING GRANTS PROGRAM (SB 2, 2017) 2019 NOTICE OF FUNDING AVAILABILITY State of California Governor Gavin Newsom Alexis Podesta, Secretary Business, Consumer Services and Housing Agency Ben Metcalf, Director Department of Housing and Community Development Zachary Olmstead, Deputy Director Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 Telephone: (916) 263-2771 Website: htto://www.hcd.ca.aov/arants-fundina/active-fundina/olannina-arants.shtml Email: sb2planninggrant(a)_hcd.ca.gov March 29, 2019 Table of Contents I. Introduction.............................................................................................................1 II. Program Summary..................................................................................................1 III. Program Timeline...................................................................................................2 IV. Funding Available...................................................................................................2 V. Eligible Applicants...................................................................................................3 VI. Eligible Activities.....................................................................................................3 VII. Eligible Uses...........................................................................................................4 VIII. Threshold Requirements.........................................................................................5 IX. NOFA Application Workshops................................................................................7 X. Application Submission Requirements....................................................................7 XI. Application Review Process....................................................................................7 XII. Applicant Notification..............................................................................................8 XIII. Award Letter and Standard Agreement...................................................................8 XIV. Appeals...................................................................................................................8 XV. Right to Modify or Suspend.....................................................................................9 2019 NOTICE OF FUNDING AVAILABILITY SB 2 PLANNING GRANTS PROGRAM Introduction The Department is releasing this Notice of Funding Availability (NOFA) for approximately $123 million to make funding available to all local governments in California under the Senate Bill 2 (SB 2) Planning Grants Program (PGP). The PGP program is intended for the preparation, adoption, and implementation of plans that streamline housing approvals and accelerate housing production. The PGP is authorized by Health and Safety Code sections 50470 et seq. (Chapter 364, Statutes of 2017, (SB 2)). Funding is subject to the December 2018 Planning Grants Program Guidelines (hereinafter referred to as the "Guidelines"), which includes detailed information on eligibility requirements, conditions, and procedures for awarding funds. II. Program Summary SB 2 (2017) is part of a 15 bill housing package aimed at addressing the state's housing shortage and high housing costs. Specifically, SB 2 established a permanent source of revenue intended to increase the affordable housing stock in California. PGP grants are funded through 50 percent of the revenues collected during the first calendar year (January through December, 2018). The PGP program is a one-time component of SB 2 that, among other provisions, provides financial and technical assistance to local governments to update planning documents in order to: • Accelerate housing production; • Streamline the approval of housing development affordable to owner and renter households at all income levels; • Facilitate housing affordability, particularly for all income groups; • Promote development consistent with the State Planning Priorities; and • Ensure geographic equity in the distribution and expenditure of allocated funds The Department, in conjunction with the Governor's Office of Planning and Research, will provide technical assistance to localities pursuant to the provisions set forth in Article VI I, Section 700(a) through (e) of the Guidelines. For further information, contact the Department at sb2planninggrant(q_)_hcd.ca.gov for details regarding local technical assistance. Please refer to the Guidelines for other administrative provisions not summarized in this NOFA. CA HCD Notice of Funding Availability 1 SB 2 Planning Grants NOFA Year-1 III. Program Timeline Pursuant to Section 500(a) of the Guidelines, funds will be initially available to eligible applicants on a noncompetitive, over-the-counter (OTC) basis. Applications will be accepted over an eight -month period, commencing from the date of the release of this NOFA (Section 500(b) of the Guidelines). See Table 1 below for the projected timeline for awards for the initial OTC period. Table 1: Projected Timeline for Awards for OTC Applications Event Date(s) NOFA release March 28, 2019 NOFA-Application Workshops / Webinar Period April 1 - May 1, 2019 Final due date for OTC applications November 30, 2019 Supplemental round TBD Anticipated end of grant term June 30, 2022 The Department anticipates awards in 2-3 month intervals, depending on the volume of applications, and reserves the right to make adjustments to the projected timeline at any time. If OTC funds are not fully awarded at the end of the eight -month period, the Department may extend the final OTC application due date or consider a supplemental funding round (Section 500(g) of the Guidelines). During any supplemental round, top priority will be given to localities that have not submitted a previous request for funding. All other applicants may be subject to competitive scoring criteria during any supplemental round (Section 500(g)(2) of the Guidelines). IV. Funding Available The Department determined maximum award amounts for large, medium, and small localities, based on population estimates from the Department of Finance (DOF). Table 2 below shows the minimum and maximum awards available pursuant to Article IV, Section 400 of the Guidelines. Applicants can view maximum award amounts for all jurisdictions here. Table 2: Minimum and Maximum Award Amounts Large Localities — Medium Localities — Small Localities — AII Localities Defined as Defined as 60,000 to Defined as >_ 200,000 people 200,000 people s 60,000 people Minimum award Maximum award Maximum award Maximum award amount: amount: amount: amount: $25,000 $625,000 $310,000 $160,000 For a link to the 2018 DOF Population Estimates, E-5, see: http://www. dof ca. gov/Forecasting/Demographics/Estimates/E-5/ Applicants seeking partnerships with other local governments will be additive. For example, two large localities could submit a proposal for up to $1.25 million; three small localities up to $480,000, etc. Note: All applicants, including those who are forming partnerships, must submit separate, complete and signed application packages, pursuant to section X of this NOFA, to the Department in order to be awarded funds. CA HCD Notice of Funding Availability 2 SB 2 Planning Grants NOFA Year-1 V. Eligible Applicants Pursuant to Article II, Section 200 of the Guidelines, eligible applicants are limited to local governments, i.e., cities and counties. However, local governments may partner through legally binding agreements with other forms of governments or entities where the proposal will have a direct effect on land -use or development within the locality. This includes, but is not limited to, partnerships with other localities, regional governments, housing authorities, school districts, special districts, community based organizations, or any duly constituted governing body of an Indian Reservation or Rancheria. Multi -jurisdictional partnerships between local governments are encouraged in order to coordinate with regional governments, leverage regional and state investment, promote consistency with the sustainable communities strategy, and affirmatively further fair housing. Note: All localities must pass the Threshold Criteria as stated in section VIII of this NOFA. To ensure compliance with section VIII, all applicants, including those who are forming partnerships, must submit separate, complete and signed application packages, including resolutions, to the Department in order to be awarded funds. VI. Eligible Activities Applicants proposing Priority Policy Areas, as defined in section VIII of this NOFA, are automatically deemed to accelerate housing production without any documentation or demonstration to the Department. Pursuant to Article III, Section 300 of the Guidelines, a variety of planning documents, planning activities and strategies, are considered eligible activities and must demonstrate a nexus to accelerating housing production, which may include: (1) Updates to general plans, community plans, specific plans, local planning related to implementation of sustainable communities strategies, or local coastal plans; (2) Updates to zoning ordinances; (3) Environmental analyses that eliminate the need for project -specific review; (4) Local process improvements that improve and expedite local planning; (5) A smaller geography with a significant impact on housing production including an overlay district, project level specific plan, or development standards modifications proposed for significant areas of a locality, such as corridors, downtown or priority growth areas; (6) The creation or enhancement of a housing sustainability district pursuant to AB 73 (Chapter 371, Statutes of 2017); (7) Workforce housing opportunity zone pursuant to SIB 540 (Chapter 369, Statutes of 2017); CA HCD Notice of Funding Availability 3 SB 2 Planning Grants NOFA Year-1 (8) Zoning for by -right supportive housing, pursuant to Government Code section 65651 (Chapter 753, Statutes of 2018); (9) Zoning incentives for housing for persons with special needs, including persons with developmental disabilities; (10) Rezoning to meet requirements pursuant to Government Code Section 65583.2(c) and other rezoning efforts to facilitate supply and affordability; (11) Rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation Committee/Housing Community Development Opportunity Area Maps); (12) Pre -approved architectural and site plans; (13) Regional housing trust fund plans; (14) SIB 2 funding plans; (15) Infrastructure financing plans; (16) Environmental hazard assessments; data collection on permit tracking; feasibility studies, site analysis, or other background studies that are ancillary and part of a proposed activity with a nexus to accelerating housing production; and (17) Other planning activities demonstrating a nexus to accelerating housing production. Eligible activities may be part of a larger planning effort (e.g., a comprehensive zoning code update) if proposed activities have not been completed prior to the NOFA date, are distinct, and demonstrate a nexus to accelerating housing production. As part of the PGP program, HCD, in coordination with the Governor's Office of Planning and Research (OPR), will work with a team led by Placeworks to provide technical assistance (TA) to applicants throughout the application period. The TA team will work closely with regions, sub -regions, and counties to help jurisdictions identify activities and provide tools that will accelerate housing production. For further information, contact the Department at sb2planninggrant(a-_)hcd.ca.gov for details regarding local technical assistance. VII. Eligible Uses Pursuant to Article III, Section 302 of the Guidelines, grant funds shall be used for the costs of preparing and adopting the proposed activity. Subcontracting is allowable under conditions set forth in Section 302(c) of the Guidelines. Pursuant to Section 302(b) of the Guidelines, grant funds may not be used for administrative costs of persons employed by the grantee for activities not directly related to the proposed activity. No more than 5 percent of the grant amount may be used for administrative costs for any proposed use, to be approved by the Department upon disbursement. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of the Standard Agreement, and completed during the grant term, will be reimbursable. Approved and eligible costs incurred prior to the NOFA date are ineligible CA HCD Notice of Funding Availability 4 SB 2 Planning Grants NOFA Year-1 (Section 601(c) of the Guidelines). Refer to Section 301 of the Guidelines for a list of all ineligible activities. Vill. Threshold Requirements In accordance with Article II, Section 201 of the Guidelines, all applicants must meet the following threshold requirements: (1) Housing element compliance: The applicant must have a housing element that has been adopted by the jurisdiction's governing body by the date the applicant submits the application package, and is subsequently determined to be in substantial compliance with state housing element law pursuant to Gov. Code Section 65585 by the time of award. A jurisdiction's current housing element compliance status can be obtained by referencing the Department's website at http://www.hcd.ca.gov/community-development/housinq-element/index.shtml or emailing the Department at sb2planninggrant(a�hcd.ca.gov. For more information on housing element requirements, please contact Paul McDougall at paul.mcdougall(c�hcd.ca.gov. Pursuant to Section 201(a)(2) of the Guidelines, applicants not meeting housing element requirements may be considered to meet this threshold requirement at the discretion of the Department on a case by case basis by applying factors such as significant progress in meeting housing element requirements (e.g., a draft found to meet statute, rezoning near completion), proposing activities to meet housing element requirements (e.g., rezoning to accommodate housing needs pursuant to Gov. Code Section 65583(c)(1)) and adoption of a compliant element prior to the award of funds. (2) Annual Progress Report (APR) on the housing element: The applicant must submit the APR to the Department, as required by Gov. Code section 65400, for the current or prior year by the date the applicant submits the application package. (3) Nexus to accelerating housing production: The applicant must propose and document plans or processes that accelerate housing production. The application must demonstrate a significant positive effect on accelerating housing production through timing, cost, approval certainty, entitlement streamlining, feasibility, infrastructure capacity, or impact on housing supply and affordability. An application not utilizing Priority Policy Areas must include an explanation and documentation of the nexus plans or processes impact on accelerating housing production based on a reasonable and verifiable methodology and must utilize the Department's form (see Attachment 2 in the Application). A verifiable methodology may include a statement of support from a non-profit or for -profit developer that is active in the locality. Applicants proposing Priority Policy Areas do not require a nexus demonstration and are automatically deemed to accelerate housing production without any documentation. Pursuant to Section 102(q) of the Guidelines, Priority Policy Areas means any of the following: CA HCD Notice of Funding Availability 5 SB 2 Planning Grants NOFA Year-1 (a) Rezone to Permit By -right: Rezoning for significant additional housing capacity without, or lesser, discretionary review, or establishing zoning to permit residential development by -right, particularly multifamily, without discretionary action pursuant to Government Code Section 65583.2(h) and (i). (b) Objective Design and Development Standards: Developing objective design standards or pre -approved site and architectural plans that facilitate non -discretionary permitting. (c) Specific Plans or Form based Codes Coupled with CEQA Streamlining: Designating and rezoning for additional housing capacity or preparing specific plans or form codes that include zoning and development standards and plan - level environmental analysis that can be used to streamline future housing projects and facilitate affordability. (d) Accessory Dwelling Units (ADU) or Other Low -Cost Building Strategies: Encouraging ADUs and other low-cost building types through actions above state law such as, outreach, fee waivers, pre -approved plans, website zoning clearance assistance, and other homeowner tools or finance tools. Also, establishing other approaches to intensify existing lower density residential areas and "missing model" typologies to encourage significantly more residential development (e.g., duplexes, triplexes) in lower density residential areas. (e) Expedited Processing: Speeding up approvals and permit processing, including instituting programs that streamline or consolidate the review process or create a separate process for expedited review of housing projects. (f) Housing Related Infrastructure Financing and Fee Reduction Strategies: Develop and implement approaches to local, regional or sub -regional housing related infrastructure financing. Create plans and programs to finance and increase infrastructure with accompanying enhanced housing capacity, such as enhanced infrastructure financing districts. Fee reduction and rationalization approaches, such as reassessing fees to adhere to best practices in reducing costs, deferrals, sliding scales or proportionate impacts fees (e.g., ADUs, transit oriented, and infill development, special needs housing), or fee transparency measures including publically available fee calculators. Note: HCD will be rolling out best practice toolkits and technical assistance in these topic areas over the course of 2019. Note: If the applicant is proposing only Priority Policy Areas ((PPA), as defined in section VI 11, subsection (3) of the NOFA), do not fill out Attachment 2. However, if the applicant is proposing to fund PPAs AND other activities that are not considered PPAs, the application must demonstrate how these other activities have a nexus to accelerating housing production by filling out Attachment 2 of the application. (4) State Planning and Other Planning Priorities: Applicants must demonstrate that the locality is consistent with State Planning or Other Planning Priorities. CA HCD Notice of Funding Availability 6 SB 2 Planning Grants NOFA Year-1 Consistency may be demonstrated through activities (not necessarily proposed for SB 2 funding) that were completed within the last five years. Applicants must self - certify utilizing the Department's form (see Attachment 1 in the Application). IX. NOFA Application Workshops The Department will hold workshops and a webinar to review the PGP NOFA and application, and will be conducting technical assistance to aid applicants throughout the OTC period. For a list of dates, times, and locations for the workshops as well as information on technical assistance, please visit the Department's SB 2 Planning Grants webpage, or register here. X. Application Submission Requirements In order to be eligible for grant funding, an applicant must submit a complete, signed original application and an electronic copy on CD or USB flash drive. Applications will be accepted on an OTC basis for an eight -month period anticipated to end November 30, 2019. Note: All localities must pass the threshold criteria as stated in section VIII of this NOFA. To ensure compliance with section VIII, all applicants, including those who are forming or have formed partnerships, must submit separate, complete and signed application packages, including resolutions, to the Department in order to be awarded funds. The Department will only accept applications through a postal carrier service that provides date stamp verification confirming delivery to the Department's office, such as the U.S. Postal Service, UPS, FedEx, or other carrier services. No facsimiles, late applications, incomplete applications, application revisions, electronically submitted, or walk-in application packages will be accepted. All applications must be submitted to the Department at the following address: Department of Housing and Community Development Division of Housing Policy Development / Land Use Planning Unit 2020 West El Camino Ave, Suite 500 Sacramento, CA 95833 Applications must be on Department forms and cannot be altered or modified by the applicant. Program applications and forms are available on the Department's website located at http://www.hcd.ca.gov/grants-funding/active-funding/planning- arants.shtml#forms. XI. Application Review Process Each application will first be reviewed for completeness, threshold eligibility requirements, and accuracy. In order to be considered complete, an application must contain all requested information and supporting documentation. All applications must also meet the eligibility and threshold requirements as specified in this NOFA and the CA HCD Notice of Funding Availability 7 SB 2 Planning Grants NOFA Year-1 Guidelines. If the application is ineligible, it will not be considered for funding. Applicants may resubmit their applications prior to the November 30, 2019 deadline. All applicants not meeting the eligibility and threshold requirements will be informed within 60 days from the date the Department receives the application. XII. Applicant Notification Applicants will be notified within 60 days of the Department's receipt of their application regarding the status of their application and/or if any additional information is required (Section 500(e)) of the Guidelines). Applicants will receive an official letter of award after the Department approves funding recommendations (Section 500(f) of the Guidelines). XIII. Award Letter and Standard Agreement Successful applicants will receive an Award Letter from the Department and will be awarded funds through the Standard Agreement process that will specify, among other things, the amount of funds granted, timeline for expenditure of funds, and the approved use of funds. Expenditure report dates and other requirements will also be identified in the SB 2 Planning Grants Program Standard Agreement. XIV. Appeals (1) Basis of Appeals: (a) Upon receipt of the Department's notice deeming an application incomplete or ineligible, applicants under this NOFA may appeal such decision(s) to the Director pursuant to this Section. (b) No applicant shall have the right to appeal a decision of the Department relating to another applicant's eligibility, point score, award, denial of award, or any other related matter. (2) Appeals Process and Deadlines: (a) Process. In order to lodge an appeal, applicants must submit to the Director by the deadline set forth in subsection (b) below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. No new or additional information will be accepted. Once the written appeal is submitted to the Director, no further information or materials will be accepted or considered thereafter. Appeals are to be submitted to the Director at following address: Department of Housing and Community Development Division of Housing Policy Development 2020 W. El Camino Avenue, Suite 500 Sacramento, California 95833 sb2planninggrant hcd.ca.gov The Director will accept appeals delivered through a carrier service such as CA HCD Notice of Funding Availability 8 SB 2 Planning Grants NOFA Year-1 the U.S. Postal Service, UPS, Fed Ex, or other carrier services that provide date stamp verification of delivery. Deliveries must be received during the Department's weekday (non -state holiday) business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time. Additionally, emails to the email address listed above will be accepted if the email time stamp is prior to the appeal deadline. (b) Filing Deadline. Appeals must be received by the Director no later than (5) five business days from the date of the Department's determination. (3) Decision: Any request to amend the Department's decision shall be reviewed for compliance with the December 2018 Guidelines and the March 29, 2019 NOFA. The Director shall render his/her decision in writing within fifteen (15) business days of receipt of the applicant's written appeal. The decision of the Director shall be the Department's final decision, and shall not be appealable to any court or tribunal. (4) Effectiveness: In the event that the statute and/or guidelines governing the PGP program contain an existing process for appealing decisions of the Department with respect to NOFA awards made under such programs, this Section shall be inapplicable and all appeals shall be governed by such existing authority. XV. Right to Modify or Suspend The Department reserves the right, at is sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department's website. You may subscribe to the Department's email list here: http://www.hcd.ca.gov/HCD SSI/subscribe-form.html. CA HCD Notice of Funding Availability 9 SB 2 Planning Grants NOFA Year-1 Item No. 9 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: July 9, 2019 SUBJECT: Approve the Amendments to Annual Agreements for Fiscal Year 2019-20 for Routine Maintenance, On -Call and Emergency Services for Various Operational Needs for the Department of Public Works, Maintenance Division PREPARED BY: Julie Tarrant, Principal Management Analyst Stacey Biddle, Management Assistant - Public Works RECOMMENDATION: That the City Council approve the amendments to the annual agreements for Fiscal Year 2019-20, in the amounts stated below, for routine maintenance, on -call and emergency services for various operational needs of the Department of Public Works. Aztec Landscaping, Inc. d/b/a Aztec Janitorial, Inc. Third Amendment $115,000 Countywide Mechanical Systems, Inc. Second Amendment $100,000 Craftsmen Plumbing Heating & Cooling, Inc. Sixth Amendment $300,000 Diversified Waterscapes, Inc. Third Amendment $165,000 Excel Landscape, Inc. First Amendment $2,598,658 Hardy & Harper, Inc. Second Amendment $500,000 Merchants Building Maintenance, LLC Third Amendment $281,245.32 Miko Mountain Lion, Inc. Second Amendment $300,000 Moore Fence Company, Inc. Fourth Amendment $100,000 Rene's Commercial Management — Weed Abatement Maintenance Services Second Amendment $200,000 Rene's Commercial Management — Homeless Encampment Cleanup Services Second Amendment $100,000 US National Corp First Amendment $200,000 VN Enterprises, Inc. Fifth Amendment $100,000 West Coast Arborists, Inc. Third Amendment $500,000 BACKGROUND: The City Council previously approved the original and subsequent amendments to the agreements, for the above listed companies to provide general repairs and maintenance, on -call and emergency services, and various materials and supplies. Various services include repairs and maintenance to the HVAC systems, general contracting, and preventative maintenance of generators, elevators and roofing, landscape maintenance, weed abatement, and general maintenance as needed for plumbing, painting, fencing, channel clean up, tree trimming, street signs, and janitorial services. The original agreements allow for term extensions for continued services. Each company has responded in a timely manner when requested, provided an economical means of completing the necessary work, and performed satisfactorily. Therefore, staff is recommending term extensions for each contracted vendor. FISCAL IMPACT: Adequate funds have been approved in the Department of Public Works, Maintenance Division for the Fiscal Year 2019-20 Annual Operating Budget. Adequate funds are allocated from the corresponding budget line item accounts. ATTACHMENTS: Amendments 1. Aztec Landscaping, Inc. d/b/a Aztec Janitorial, Inc., Third Amendment 2. Countywide Mechanical Systems, Inc., Second Amendment 3. Craftsmen Plumbing Heating & Cooling, Inc., Sixth Amendment 4. Diversified Waterscapes, Inc., Third Amendment 5. Excel Landscape, Inc., First Amendment 6. Hardy & Harper, Inc., Second Amendment 7. Merchants Building Maintenance, LLC, Third Amendment 8. Miko Mountain Lion, Inc., Second Amendment 9. Moore Fence Company, Inc., Fourth Amendment 10. Rene's Commercial Management, Second Amendment 11. Rene's Commercial Management, Second Amendment 12. US National Corp, First Amendment 13. VN Enterprises, Inc., Fifth Amendment 14. West Coast Arborists, Inc., Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND AZTEC LANDSCAPING, INC., d/b/a AZTEC JANITORIAL, INC. JANITORIAL SERVICES FOR PARK RESTROOMS AND PICNIC GAZEBO/SHELTERS (CONTRACT NO. 16-130) THIS THIRD AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Aztec Landscaping, Inc., d/b/a Aztec Janitorial, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On June 14, 2016, the City and Contractor entered into that certain Agreement entitled "Agreement for Janitorial Services for Park Restrooms and Picnic Gazebo/Shelters," in the amount of $73,652.52. b. On May 9, 2017, the City and Contractor entered into the First Amendment that certain Agreement entitled "Agreement for Janitorial Services for Park Restrooms and Picnic Gazebo/Shelters," to extend the term of the Agreement to June 30, 2018 and increase the payment in the amount of $105,000. C. On June 26, 2018, the City and Contractor entered into the Second Amendment that certain Agreement entitled "Agreement for Janitorial Services for Park Restrooms and Picnic Gazebo/Shelters," to extend the term of the Agreement to June 30, 2019 and increase the payment in the amount of $100,000. d. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2020, increase the payment in the amount of $115,000, plus a contingency of $17,250 and to amend the Agreement as set forth in this Amendment. 2, Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor 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 Third Amendment amount shall not exceed One Hundred Fifteen Thousand Dollars ($115,000), plus a contingency of Seventeen Thousand Two Hundred Fifty Dollars ($17,250) for additional janitorial services for park restrooms and picnic 04/18/2018 gazebo/shelters for a total Agreement amount of Four Hundred Ten Thousand, Nine Hundred Two Dollars and Fifty -Two Cents ($410,902.52). 4. Exhibits "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. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: Aztec Landscaping, Inc., dba Aztec Janitorial, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: lent By: &"- -6-e�� Maricela Grismer, V.P. of Operations By: Peter M. Thorson, City Attorney CONTRACTOR Aztec Landscaping, Inc., d/b/a Aztec Janitorial, Inc. Contact Person: Maricela Grismer 7980 Lemon Grove Way Lemon Grove, CA 91945 _ Phone Number: (619) 464-3303 marcy@azteclandscaping.com PM Initials: Date: 3 04/18/2018 ATTACHMENT A EXHIBIT A Attached hereto and incorporated herein as though set forth in full is the additional scope of work as provided by the Contractor. SUBCONTRACTOR'S LIST The General Contractor submitting a proposal will hereinafter state the subcontractor who will be the subcontractor on the Job for each particular trade or subdivision of the work. if a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the Agreement, he agrees that he Is fully qualified to perform that portion himself and that he shall perform that portion himself, Marcy A. Grismer Print Name V.P Janitorial Print Title 04/18/2018 RESTROOM MAINTENANCE CHECKLIST Location: "leek Of-. w M T E T F S S 0 U D H R A U N E N U I T N NO. TASK D S E R D U D A D S S A R A Y A D D Y D Y Y A A A Y Y Y Sweep Restroom and 1. Remove litter interior and exterior of building (walkways) daily 2. Empty interior trash and Glean containerslreceptacies daily 3. Scrub and sanitize toilets; lavatories, and floors daily 4. Wipe down fixtures and remove water, dirt; and stains daily 5. Wash (hose out) floors and squeegee water to floor drains daily Remove dirt, stains, and other debris 6. on walls, ceilings, and light fixtures dail Stack all toilet paper and other paper 7. products and Fill dis ensers daily B. Pressure wash floors and walls (Weekty) SUPPLIES NEEDED: GRAFFITIIVANDALISM: Date: Signature Print Name 04/ 18/2018 EXHIBIT B Payment Rates and Schedule `Payment Rates and Schedule' to the Agreement is hereby amended, by adding thereto the items set forth in Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. LOCATION ADDRESS PRICE PER PRICE PER MONTH YEAR RESTROOMS AT COMMUNITY PARKS (10:00 p.m. to 6:00 a.m.) HARVESTON COMMUNITY PARK - — COMMUNITY ROOM 28582 Harveston Drive $259.28 $3,111.34 HARVESTON COMMUNTY PARK— 28582 Harveston Drive $304.68 $3,656.16 SNACK BAR MARGARITA COMMUNTY PARK 29119 Margarita Road $307.85 $3,694.22 PALA COMMUNITY PARK 44900 Temecula Lane $308.30 $3,699.60 $304.68 $3,656.16 $306.95 $3,683.40 PALOMA DEL SOL PARK 32099 De Portola Road 32380 Deer Hollow PATRICIA H. BIRDSALL SPORTS PARK — SNACK BAR 32380 Deer Hollow $304.68 $3,656.16 PATRICIA H. BIRDSALL SPORTS PARK — PLAYGROUND $306.95 $3683.40 RONALD REAGAN SPORTS PARK - 42775 Margarita Road NORTH/SOUTH FIELD RONALD REAGAN SPORTS PARK — 30875 Rancho Vista Road $304.68 $3,656.16 RANCHO VISTA FIELD RONALD REAGAN SPORTS PARK - 42569 Margarita Road $304.68 $3,656.16 TEMECULA SKATE PARK TEMEKU HILLS PARK— 31367 La Serena $306.95 $3683.40 SNACK BAR ROOM 31367 La Serena $306.95 $3683.40 TEMEKU HILLS PLAYGROUND SUBTOTAL: $3,626.63 $43,519.56 6 04/18/2018 Payment Rates and Schedule (cont.) PRICE PER PRICE PER LOCATION ADDRESS MONTH j YEAR I RESTROOMS AT PASSIVE PARKS (8:30 p.m. to 6:00 a.m.) CROWNE HILL PARK 33203 Old Kent Road $306.95 HARVESTON LAKE PARK — 40233 Village Road $306.95 BOAT HOUSE 40233 Village Road $308.30 HARVESTON LAKE PARK — PLAYGROUND KENT HINTERGARDT MEMORIAL PARK 31465 Via Cordoba $304.68 43110 Meadows Parkway $307.85 MEADOWS PARK PAUBA RIDGE PARK 33405 Pauba Road $307.85 $304.68 REDHAWK COMMUNITY PARK 44747 Redhawk Parkway SAM HICKS MONUMENT PARK 41970 Moreno Road $306.95 SKY VIEW PARK 31991 Roripaugh Valley $304.68 ' Road TEMECULA DUCK POND 28250 Ynez Road $306.95 WINCHESTER CREEK PARK 39950 Margarita Road $307.85 WOLF CREEK PARK 45850 Wolf Creek Drive $306.95 North $3680.64 SUBTOTAL: RESTROOMS AT OTHER FACILITIES (10:00 p.m. to 6:00 a.m.) TEMECULA VALLEY HIGH SCHOOL 31555 Rancho Vista Rd $307.85 TENNIS COURT GREAT OAK HIGH SCHOOL TENNIS 32555 Deer Hollow Way $307.85 COURT SUBTOTAL: $615.70 $3,683.40 $3,683.40 $3,699.60 $3,656.16 $3,694.20 $3,694.20 $3,656.16 $3,683.40 $3,656.16 $3,683.40 $3,694.20 $3,683.40 $44,167.68 $3,694.20 $3,694.20 S7.388.40 04/18/2018 Payment Rates and Schedule (cont.) I PRICE PER PRICE PER LOCATION ADDRESS MONTH YEAR GAZEBO/PICNIC SHELTERS (8:30 p.m. to 6:00 a.m.) CROWNE HILL PARK (1 shelter) 33203 Old Kent Road HARVESTON COMMUNITY PARK 28582 Harveston Drive (1 large shelter) HARVESTON LAKE PARK PLAYGROUND 40233 Village Road (2.5 shelters) HARVESTON LAKE PARK WEDDING 40233 Village Road GAZEBO (1 shelter) MARGARITA COMMUNITY PARK (2 29119 Margarita Road shelters) MEADOWS PARK (2 shelters) 43110 Meadows Parkway PALA COMMUNITY PARK (3 shelters) 44900 Temecula Lane PATRICIA H. BIRDSALL SPORTS PARK 32380 Deer Hollow Way (1 shelter at snack bar) fPAUBA RIDGE PARK (2 shelters) 33405 Pauba Road RONALD REAGAN SPORTS PARK (1 shelter) SAM HICKS MONUMENT PARK (1 shelter) TEMECULA DUCK POND (1 shelter) TEMEKU HILLS PARK (1 shelter) WINCHESTER CREEK PARK (2 shelters) WOLF CREEK PARK (1 shelter) $83.24 $998.88 $193.13 $2,317.56 $151.08 $83.24 $119139 $1,812.96 $998.88 $1,432.68 $1,432.68 $1,678.08 $998.88 $1,432.68 $119.39 $139.84 $83.24 $119.39 41569 Margarita Road $83.24 $998.88 41970 Moreno Road $83.24 $83.24 $998.88 $998.88 28250 Rancho California Road $998.88 31367 La Serena Way $83.24 $1,432.68 39950 Margarita Road $119.39 45850 Wolf Creek Drive North $83.24 $998.88 SUBTOTAL: $1,627.53 $19,530.36 GRAND TOTAL: 1 $9,550.50 1 $114,606.00 8 04/ 18/2018 Payment Rates and Schedule (cont.) DESCRIPTION _ -' .SCOPF-.:QF-,WQRK.:: PRICE ADDiTIDkiAL SERVICE nVMS Maintain an additional park restroorn, May he added to agreement as new facilities which will include men and women areas, are constructed. More than one restroom totaling approximately 500 square feet to building may be added during agreement item. $307,85 900 square feet Maintain pursuant to scope of Work and Specifications contained in this RFP Provide staff to clean and stock park restroom Provide supplemental restroont facilities (both men and women) at an hourly $41 20 maintenance services for special events rate and pursuant to Scope of Work and Specifications contained in this RFP Provide specified general janitorial Provide general janitorial maintenance maintenance services, such as cleaning office $41 20 services area, kitchens, offices, or recreation building restrooms, hallways, multipurpose room, etc. Dated: 5/13/19_ By: Aztec LandsggLi ! _Llnc- dba Aztec Janitorial Service Signature of Contractor Marcy A. Grismer Print Name VP Janitorial Division Print Title 9 04/18/2018 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND COUNTYWIDE MECHANICAL SYSTEMS, INC. HEATING VENTILATION AND AIR CONDITIONING MAINTENANCE SERVICES (CONTRACT NO. 17-214) THIS SECOND AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Countywide Mechanical Systems, 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. This Amendment is made with the respect to the following facts and purposes: a. On November 28, 2017, the City and Contractor entered into that certain Agreement entitled "Agreement for Heating Ventilation and Air Conditioning Maintenance Services," in the amount of $100,000. b. On June 26, 2018, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Heating Ventilation and Air Conditioning Maintenance Services," to extend the term of the agreement to June 30, 2019, increase the payment in the amount of $100,000. C. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2020, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000), for additional heating ventilation and air conditioning maintenance services for a total Agreement amount of Three Hundred Thousand Dollars ($300,000). 4. Exhibit "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. 04/18/2018 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney COUNTYWIDE MECHANICAL SYSTEMS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: laftvo�, Paul Duke, President By: Randall Signore, Vice President CONTRACTOR Countywide Mechanical Systems, Inc. Contact Person: Erica Mann 1400 N. Johnson Avenue, Suite 114 El Cajon, CA 92020 Phone Number: ( 619) 449- 9900 emann@countywidems.com PM In Date: itialsPao �P 04/18/2018 ATTACHMENT A EXHIBIT B Payment Rates and Schedule PRICE PER PRICE PER YEAR DESCRIPTION SERVICE (3 visits per year) 1- OLD CITY HALL / TVE2 $752.00 $2,256.00 43200 Business Park Drive 2. MAINTENANCE FACILITY $253.00 $759.00 43210 Business Park Drive 3. COMMUNITY RECREATION CENTER $985.00 $2,955.00 30875 Rancho Vista Road 4. TEMECULA COMMUNITY CENTER $142.00 $426.00 28816 Pujol Street 5- MARY PHILLIPS SENIOR CENTER $278.00 $834.00 41845 6 Street 6- TEMECULA VALLEY MUSEUM $166.00 $498.00 28314 Mercedes Street 7. CHAPEL OF MEMORIES $81.00 $243.00 28300 Mercedes Street 8. TEMECULA CHILDREN'S MUSEUM $299.00 $897.00 42081 Main Street 9• FIRE STATION 84 $81.00 $243.00 30650 Pauba Road 10. FIRE STATION OFFICE $142.00 $426.00 32364 Overland Trail 11- FIRE STATION 92 $299.00 $897.00 32211 Wolf Creek Road 12- FIRE STATION 73 $81.00 $243.00 27415 Enterprise Circle West 13. HARVESTON COMMUNITY PARK ROOM $142.00 $426.00 28582 Harveston Drive OLD TOWN COMMUNITY THEATER $142.00 $426.00 14. 42051 Main Street TEMECULA PUBLIC LIBRARY $748.00 $2244.00 15- 30600 Pauba Road 04/18/2018 Payment Rates and Schedule (cont.) PRICE PER PRICE PER YEAR DESCRIPTION SERVICE L(3 visits per year) 16. PATRICIA H. BIRDSALL PARK $176.00 $528.00 31621 Deer Hollow Way 17. FIELD OPERATIONS CENTER (FOC) $380.00 $1140.00 43230 Business Park Drive 18. CIVIC CENTER & CONFERENCE CENTER $3853.00 $11559.00 41000 Main Street 19. PARKING GARAGE $355.00 $1065.00 41000 Main Street 20. MARGARITA RECREATION CENTER $210.00 $630.00 29119 Margarita Road 21. JEFFERSON RECREATION CENTER 40375 McCabe Ct. $210.00 $630.00 22. FOOD PANTRY $47.00 $141.00 28922 Pujol Street 23. S.A.F.E. BUILDING $309.00 $927.00 28816 Pujol St. 24. FIRE STATION 95 $390.00 $1170.00 32131 South Loop Rd. Extra Work: MARK-UP ADDED TO CONTRACTOR'S WHOLESALE PRICE OF PARTS AND EQUIPMENT 15 % HOURLY RATE PER REGULAR MAN HOUR $135.00 8 a.m. to 5:00 p.m., Monday through Friday HOURLY RATE PER OVERTIME MAN HOUR $202.50 After -Hours; Weekends; Holidays, etc. Dated: 6 htI [I By: Signature of Contractor RANDALL A. SIGNORE, VP - SERVICE OPERATIONS Print Name and Title 5 04/18/2018 SIXTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND CRAFTSMEN PLUMBING HEATING & COOLING, INC. ROUTINE MAINTENANCE SERVICES (CONTRACT NO. 15-091) THIS SIXTH AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Craftsmen Plumbing Heating & Cooling, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 9, 2015, the City and Contractor entered into that certain Agreement entitled "Agreement for Routine Maintenance Services," in the amount of $120,000. b. On February 23, 2016, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Services," to increase the payment in the amount of $60,000. C. On May 10, 2016, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Services," to extend the term of the Agreement to June 30, 2017, and increase the payment in the amount of $200,000. d. On April 11, 2017, the City and Contractor entered into the Third Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Services," to increase the payment in the amount of $80,000. e. On May 9, 2017, the City and Contractor entered into the Fourth Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Services," to extend the term of the Agreement to June 30, 2018, and increase the payment in the amount of $300,000. f. On June 26, 2018, the City and Contractor entered into the Fifth Amendment to that certain Agreement entitled "Agreement for Routine Maintenance Services," to extend the term of the Agreement to June 30, 2019, and increase the payment in the amount of $300,000. g. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $300,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 04/18/2018 The City agrees to pay Contractor 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 Sixth Amendment amount shall not exceed Three Hundred Thousand Dollars ($300,000), for additional routine maintenance services for a total Agreement amount of One Million Three Hundred Sixty Thousand Dollars ($1,360,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: By: Craftsmen Plumbing Heating & Cooling, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: - -- enny McKee, President B U� y� Laura McKee, Treasurer Peter M. Thorson, City Attorney CONTRACTOR Craftsmen Plumbing Heating & Cooling, Inc. Contact Person: Denny McKee 27636 Ynez Road Temecula, CA 92591 Phone Number: (951) 676-6838 craftsmenincC&-hotmail.com .f� gum M, I. . 04/18/2018 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND DIVERSIFIED WATERSCAPES, INC. LAKE AND POND MAINTENANCE SERVICES (CONTRACT NO. 17-059) THIS THIRD AMENDMENT is made and entered into as of June 25, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Diversified Waterscapes, Inc., (hereinafter referred to as "Contractor"). 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 April 25, 2017, the City and Contractor entered into that certain Agreement entitled "Agreement for Lake and Pond Maintenance Services," in the amount of $81,192. b. On June 26, 2018, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Lake and Pond Maintenance Services," to extend the term of the agreement to June 30, 2019, increase the payment in the amount of $90,000. C. On January 22, 2019, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Lake and Pond Maintenance Services," to increase the payment in the amount of $75,000. d. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $165,000, plus a contingency of $24,750, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020, unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor 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 Third Amendment amount shall not exceed One Hundred Sixty -Five Thousand Dollars ($165,000), plus a contingency of Twenty -Four Thousand Seven Hundred Fifty Dollars ($24,750) for additional Lake and Pond Maintenance Services for a total Agreement amount of Four Hundred Thirty -Five Thousand, Nine Hundred Forty -Two Dollars ($435,942). 04/18/2018 4. Exhibits "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney DIVERSIFIED WATERSCAPES, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Patrick Simmsgeiger, President Maria Simrhsgelger, Chief Financial Officer CONTRACTOR Diversified Waterscapes, Inc. Contact Person: John Tibbetts 27324 Camino Capistrano #213 Laguna Niguel, CA 92677 Phone Number: (949) 582-5414 officemanager@dwiwater.com PM Initials: Date: " 04/18/2018 EXHIBIT B Payment Rates and Schedule `Payment Rates and Schedule' to the Agreement is hereby amended, by adding thereto the items set forth in Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. June 17, 2019 Description HARVESTON LAKE PARK For Service on Monday Wednesday and Friday (three limes per week) HARVESTON LAKE PARK For Service on Tuesday and Friday (two times per week) r TEMECULA DUCK POND i For Service on Monday, Wednesday and Friday (three times per week) TEMECULA DUCK POND For Service on Tuesday and Friday (two times per week) AmYNL I"Atvl .I W Y4/AG"I'l DW[fi Price Per Month I Price Per Year r NOTE: The City of Temecula will select two days per week service or three days per week service based upon pricing andfor needs of the City. For Emergency Repairs or Extra Work Authorized by the City of Temecula: Mark-up added to Vendor's wholesale price of parts equipment, T. and materials % _ r Hourly Rate per Regular Man Hour (8.00 a m to S:Dp p m,. Monday -Friday) C3 _S Hourly Rate per Overtime Man Hour (after hours, weekends Holiday, etc• 1 3 S. ����oe J•``'4 • r ` Dated �� �7 gy y� Signaatura of�A^ufhorixed RtrFTreyentative i Print Name and Title 4 04/18/2018 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND EXCEL LANDSCAPE, INC. LANDSCAPE MAINTENANCE SERVICES (CONTRACT NO. 16-131) THIS FIRST AMENDMENT is made and entered into as of July 9, 2019, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Excel Landscaping, 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. This Amendment is made with the respect to the following facts and purposes: a. On June 14, 2016, the City and Contractor entered into that certain Agreement entitled "Agreement for Landscape Maintenance Services," in the amount of $2,358,869 annually for a total contract amount of $7,076,607, to June 30, 2019. b. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $2,598,658.00, plus a contingency of $519,731.60, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor 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 Two Million, Five Hundred Ninety -Eight Thousand, Six Hundred Fifty -Eight Dollars and No Cents ($2,598,658.00), and a contingency of Five Hundred Nineteen Thousand, Seven Hundred Thirty -One Dollars and Sixty Cents ($519,731.60) for additional landscape maintenance services for a total Agreement amount of Ten Million, One Hundred Ninety -Four Thousand, Nine Hundred Ninety -Six Dollars and Sixty Cents ($10,194,996.60). 4. Exhibit B, Payments Rates and Schedule to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full 04/18/2018 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney EXCEL LANDSCAPE, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: retary/Treasurer CONTRACTOR Excel Landscape, Inc. Contact Person: Jose Alfaro P.O. Box 77995 Corona, CA 92877 _ Phone Number: (951) 735-9650 Fax Number: (951) 735-0469 3 PM Initial Date: t4 04/18/2018 ATTACHMENT A EXHIBIT B PAYMENT RATES AND SCHEDULE Landscape Maintenance Sei ice Area Fee Schedule Moderate Landscape i#Iaintenance General Standards - %Nill result m a moderate maintenance schedule for landscape maintenance zones that fall under this category. The landscape specifications identified represent the medium standard for landscape maintenance within each assessment zone perimeter landscape area. • Landscape areas remain great and usable. • Vegetation retains healthy. normal appearance. • Grass kept within accepted freight range gird appearance. • 'Tree and shrub trimming less frequent • Weeds and debris acceptable withiii limits between regular Visits. • Routine maintenance ofmoderate to low intensity. • Includes monthly Inspection - Landscape enhancements or improvements'%ill only be considered when fiend reserves are adequate to fund such prc9ects. Landscape enhancements or improvements may include plant replacement, irrigation efficiency upgrades, turf conversions, and resume regular tree trimming cycles and increased frequency site maintenance_ SLOPE SERVICE ARE?1(NNORTH) Zones site Name Monthly Cost FY19120 Annual Price 2019 S-05 Signet Series $1,559.33 S18,700.00 S-06 Woodcrest Country S1,015.17 WAIN S-19 lCarnpos Verde $2,508.33 $30,100A0 S-25 Serena Hills $1.973.33 $23,680.00 TOTAL: $7,055.17 $84,662.00 SLOPE SERVICE AREA (SQUM Zones Zone Name Montkh- Price 2019 Annual Price 2019 S-16 Tradewinds S1.075.00 $12,900,00 S-20 Crowne Hill 56.69L67 S80.300.00 S-21 mail Ranch. $10,99 L67 $131900.00 S-23 Pheasant Run $299.33 S3.580.00 S-28 Wolf Creek $8.950,00 $107,400-00 TOTAL: $28,006.67 $336,080.00 04/18/2018 Reduced Landscape Maintenance General Standards will result iF a reduced maintenance schedule for landscape maintenance zones that fall under this category. The landscape specifications identified represent the lowest standard for landscape maintenance within each assessment zone perimeter landscape area. • Basic maintenance of low intensity for all turf slope and planter areas to maintain public safety. • Litter and debris removed as often as scheduled site visits_ • Infrequent tree and shrub trimming. Trimming will be performed as required to ensure safety. • The intensity of weed control is reduced to control height, spread and interference. • Monthly irrigation system inspection to prevent water waste. Landscape enhancements or improvements will only be considered when fund reserves are adequate to fund such projects_ Landscape enhancements or improvements may include plant replacement. uragation efftcierxy upgrades, turf conversions, and resume regular tree trinrming cycles and increased frequency site maintenance. Reduced Landscape'Maintenance Seii1ce Zones Zones Site Name Monthly Price 2019 Annual Price 2019 S-01 Saddiewood/P37,71-11ion Point S2,214.83 $26,578.00 S-02 Winchester Creek I and R S1.700.67 S20,408.00 S-03 Rancho Highlands $1,79100 S21,504.00 S-04 The VmCyards $308.33 $3,700,00 S-07 Ridgeview $541.67 $6,500.00 S-09 Village Grote $5,745-75 $68,949.00 S-09 rancho Solaria $89.58 S1,075.00 S-10 Martinique $290,00 $3,480.00 S-11 Meadow-% iew Estates $62.50 $750.00 S-12 Vintage Hills $3.675.00 $44,100.00 S-13 Presley (Veranda, Country Glen, Eridievale) $1,241.67 $14,9Qg.00 S_14 Mirada $502.83 $6,034.00 S-15 Barclay Estates $439.25 S5,271.00 S-17 Monte Vista $71.42 $857.00 S-18 Temeku Hills S4,493.92 $53.92T00 S-22 Sutton Place $162.17 $1,946.00 S-24 Har%rston $6.382.50 $76,590.00 S-26 Gallery Homes Tradition $62.50 $750-00 S-27 jAvondale $320,92 $3,851.00 S-29 Gallery Homes Portraits $91.67 $1,100.00 TOTAL: S30.189.17 $362,270A0 04/18/2018 Landscape Maintenance Service Area Fee Schedule SPORTS PARKS Site No. Site Name Monthly Price FY19120 Annual Price FY19120 SP-01 Ronald Reagan Sports Park $11,794.39 $141,532.71 SP-02 Palma Del Sal Pads $4,820.44 $57,845.29 SP-03 Pala Community Park. $3,002.61 $36,031.35 SP-04 Kent Hintergardt Park $4,564.90 $54,778.76 SP-05 Margarita Community Park $4,332.58 $51,99€1.98 SP-06 Temeku Hills Park $4,832.05 $57,9844.59 SP-07 Harveston Community Park $8,465.39 $101,584.64 SP-08 Patricia H Birdsall Sports Park $13,474.00 $161,687.94 SP-09 Roripaugh Sports Park WOO $0.00 SC-01 Temecula Middle School $464.62 $5,575.44 SC-02 Temecula Elementary School $464.62 $5,575.44 SC-03 James i_ Day Middle School $464.62 $5,575.44 SC-04 Temecula Valley High School Tennis Court $615.62 $7,387.44 SC-06 Vail Ram Middle School $695.93 $8,351.10 SC-09 Great Oak High School Tennis Court $464.62 $5,575.44 SC-10 Erie Stanley Middle School Tennis Court $464.62 $5,575.44 TOTAL: $58,921.00 $707,052.00 04/18/2018 Landscape Maintenance Service Area Fee Schedule Passive Parka, Streetscapes & Trams Site No. site Name Monthly Price FY 19120 Annual Price FY 19120 P-1 Veterans Park $1,968.84 $23,626.07 P 2 Sara Hicks Monument Park S1,695.86 $20,350.33 P 3 Celle Ara on Park $325.4 S3,902.87 P-4 Bahia Vista Park $325.24 S3,902.87 P-5 Lorna Linda Park $1,266.09 S15,193.06 P-0 RNerton Park $1119.84 S25,438.07 P-7 John Magee Park $551.74 $6.620.88 P-9 Voorbur Park $435-59 $5,22T05 P-1Q I Nicolas Road Park $1.,266.09 $15,193.06 P-11 Butterfield Stage Parts $I,266.09 S15,193.06 P-12 Temecula Duck Park $2,961.96 S35.543.52 P-13 Rotary Park $371.70 S4,460.35 P-14 Nakayama Park $383.32 $4,599.79 P-15 Winchester Creek Park $1,695.86 $20,350.33 P-16 Long Canyon Creek Park $L637.79 $19.653_42 P-17 Vail Ranch Park $6,77115 $81.262.14 P-18 Stephen Michael Jr. Park $847.94 $10,17533 P-19 Paulo Apis Park $847.94 $10,175.23 P-20 Crowne Hil Park $1,521.63 S18,259.59 P-21 Meadows Park $2,1I9.84 $25,438.07 P 22 Pauba RidcLe Park S2,119.84 S25,438.07 P23 Serena Hills Park $1,376.45 $16,517.36 P 24 Harveston Lake Park S3.833.12 S45,997 .49 P-25 Sunset Park S696.94 $8,363.2.2 P26 Paseo Galante Park $766-62 $9.199.45 P-27 Temecula Creek Tral Park $1,951.41 S23,416.86 P-28 Redhawk Community Park S6,225.92 S74,711.04 P-29 Wolf Creek Trail Park S3,020.04 $36,240.43 P-30 Wolf Creek Park $2,555.42 S30,664.99 P-31 Skyview Park $1,819.72 S21.836.58 5S-01 Via Eduardo Streetscape $261.36 $3,136.30 SS-3 Margarita Road Ri ht of Wa 5813.09 $9,757.05 1=C-01 Nada Lane $209.08 $2,508.92 T-01 j Santa Gertrudis Trail $441.39 $5,296.7,0 T-02 Temecula Creek Villa a Trait $214.89 $2,578.70 T-03 Murrieta Creek Trail $1,184.78 S14,217.41 TOTAL: $57,870.461 5694,445.58 04/18/2018 Landscape Maintenance Service Area Fee Schedule MEDIANS Site No. Site Name Monthly Price FY 19120 Annual Price FY 19120 M-01 Rancho Cal Medians 1,091.86 S 13,102.32 iM-02 Ynez Rd Medians S 1.041.86 S 13,102.32 M-03 Butterfield Stage Rd Medians S. $ 1,486.78 S 17,841.41 M-04. Margarita Rd Medians N- S 766.62 5 9,199.45 M-05 Mar arita Rd Medians S. $ 162.62 S 1,951.44 M-06 Winchester Rd_ At Jeffers S 2318.03 S 32,616.30 M-07 Pechanga Parkway Medians S 1,626.18 $ 19,514.11 M-08 Meadows Parkway N- 766.63 $ 97199.45 M-09 Paseo Del Sol Medians 766.62 S 9,199.45 M-10 Harveston Medians (Date St_& Mar arita Rd.) S 2,620A5 31,445.42 M-11 Jefferson Ave. Medians S 162.62 S 1,951.44 M-13 Redhawk Medians S 1,08024 5 12,962.89 M-14 Temecula Parkway Medians S 2.088A7 $ 25,061.59 M-15 Wolf Valle Rd. Medians $ 81.31 $ 975.66 M-16 Diaz Rd MedianslParkway S 59&21 1+ 7,178.48 !M-17 Meadows Pkwy Medians S. S 731.77 $ 8,781.27 M-1 F3 IMurrieta Hot Springs S 522-70 S 6,272.36 M-19 De Portola Rd Medians at TVH $ 116.15 $ 1,393.83 FW-01 Interstate 15 on/of Rams $ 2,654,16 $ 31,849.86 TOTAL:j $ 21,133.25 $ 253,599.05 04/18/2018 Landscape 1laintenance Service Area Fee Schedule FACILITIES Site No. Site Name Monthly Price Annual Prince FY FI19120 19120 F-01 Community Recreation Center $2,090.80 $25,089.55 F-02 I Mary Phillips Senior Center $696.94 $8,363.22 F-03A Me 51,161.56 $13,938.67 F-03C Field Operations Center 598.61 $1,183.26 F-04 Temecula Community Center 5464.62 $5,575.44 F-05 Fire Station # 94 $696.94 $8,363.22 F-06 Old Touts Temecula 52.903.83 $34,846.00 F-10 Temecula Children's Museum $290.39 $3,484.70 F-12 Temecula Community Theater $116.15 $1.393.93 F-13 Temecula Public Library $1,161.56 513.938.67 F-15 Wolf Creek Fire Station #92 $464.62 $5.575.44 F-17 Civic Center/Town Square $1,045.39 $12,544.71 F-17 Parking Garage $223.39 $2,680.52 F-19 Roripaugb Fire Station $52170 $6,272,36 F-20 Overland Training Center $174.23 $2,090.74 F-21 Margarita Recreation Center $23173 $2,792.73 F-22 Fire Station #73 $232.32 $2.787.78 F-30 Jefferson Recreation Center $112.38 $1,348.55 F-31 Park & Ride $690.00 $9,280.00 TOTAL: 513,379.12 S160,549.39 04/18/2018 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HARDY & HARPER, Inc. PAVING MAINTENANCE SERVICES (CONTRACT NO. 17-081) THIS SECOND AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Hardy & Harper, Inc., (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On May 23, 2017, the City and Contractor entered into that certain Agreement entitled "Agreement for Paving Maintenance Services," in the amount of $500,000. b. On June 26, 2018, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Paving Maintenance Services," to extend the term of the agreement to June 30, 2019, increase the payment in the amount of $500,000. C. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $500,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Five Hundred Thousand Dollars ($500,000), for additional paving maintenance services for a total Agreement amount of One Million, Five Hundred Thousand Dollars ($1,500,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Rand! Johl, City Clerk APPROVED AS TO FORM: HARDY & HARPER, Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Stblovowe Kirschner, Vice President By: Kristen S. Paulino, Corporate Secretary By: Peter M. Thorson, City Attorney CONTRACTOR Hardy & Harper, Inc. Contact Person: Bernadette Vargas 1142 East 3a C.i� �S SY-c.raye�' 714 444-1851 BVargas@hardyandharper.com PM Initi Is: Date: G�( 04/18/2018 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MERCHANTS BUILDING MAINTENANCE, LLC JANITORIAL SERVICES FOR CITY FACILITIES THIS THIRD AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Merchants Building Maintenance, LLC, a Limited Liability Company (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On May 23, 2017, the City and Contractor entered into that certain Agreement entitled "Agreement for Minor Maintenance Services," in the amount of $260,199.00. b. On January 31, 2018, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Minor Maintenance Services", to add a provision governing security access to City facilities. C. On August 28, 2018, the City and Contractor entered into the Second Amendment to that certain Agreement entitled "Agreement for Minor Maintenance Services," to extend the term of the agreement to June 30, 2019, and to increase the payment in the amount of $277,686.78. d. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $281,245.32, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor 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 Third Amendment amount shall not exceed Two Hundred Eighty -One Thousand, Two Hundred Forty -Five Dollars and Thirty -Two Cents ($281,245.32), for additional janitorial services for city facilities for a total Agreement amount of Eight Hundred Nineteen Thousand, One Hundred Thirty -One Dollars and Ten Cents ($819,131.10). 04/18/2018 4. Exhibit B, Payment Rates and Schedule to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Merchants Building Maintenance, LLC (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: � lza Michael S. Naggar, Mayor id Haas, President ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: M -1 fivsta Haas, President By: Peter M. Thorson, City Attorney CONTRACTOR Merchants Building Maintenance, LLC Contact Person: Angel Meza 1995 W. Holt Avenue Pomona, CA 91768 Phone Number: (909) 622-4560 angel@mbmonline.com PM Initials - Date: 04/18/2018 ATTACHMENT A EXHIBIT B Payment Rates and Schedule Job Name 2D18-2DI9 Change 2019-2020 Crty of Temecula Monthly Janitorial Services Temecula Public Library $ 3,520.84 $ 295.46 $ 3,816.30 Community Recreation Center $ 2,626,76 $ 221.32 $ 2,848.08 Margarita Recreation Center (YMCA) $ 510.92 $ 51.23 $ 562.15 Harvest Community Roam / Office $ 169.00 $ 14.21 $ 193.21 Temecula Valley Museum $ 589.42 $ 58.56 $ 747.99 Mary Phillips Senior Center $ 716.79 $ 60.39 $ 777.18 Civic Center $ 7,493.29 $ 622.33 $ 8,115.62 Parking Garage/ Police office $ 169,09 $ 14.27 $ 183.36 Did Town Temecula Community Theather $ 2,749.36 $ 233.70 $ 2,1383.06 Temecula Community Center $ 579.28 $ 49.13 $ 629.41 Temecula Valley Entrepreneur Exchange $ 1,004.89 $ 84.99 $ 1,089.88 Facility operations center $ 845.42 $ 71.37 $ 916.79 Jefferson Recreation Center $ 179.90 $ 14.39 $ 194.89 Help Center $ 259.05 $ 31.1.5 $ 290.20 2018-2019 Ending Total: $21,614.01 Total Change: $ 1,121.93 2019-2020 Billing: $ 23,437.11 04/18/2018 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MIKO MOUNTAIN LION, INC. ON -CALL EXCAVATION, BACKFILL, AND GRADING MAINTENANCE SERVICES (CONTRACT NO. 17-058) THIS SECOND AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Miko Mountain Lion, 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. This Amendment is made with the respect to the following facts and purposes a. On April 25, 2017, the City and Contractor entered into that certain Agreement entitled "Agreement for On -Call Excavation, Backfill and Grading Maintenance Services," in the amount of $300,000. b. On June 26, 2018, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for On -Call Excavation, Backfill and Grading Maintenance Services," to extend the term of the agreement to June 30, 2019, increase the payment in the amount of $300,000. C. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $300,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed Three Hundred Thousand Dollars ($300,000), for additional on -call excavation, backfill and grading maintenance services for a total Agreement amount of Nine Hundred Thousand Dollars ($900,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By Michael S. Naggar, Mayor ATTEST: MIKO MOUNTAIN LION, 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 By:. Randi Johl, City Clerk Miko Monte' no Sr., Vice President APPROVED AS TO FORM: By Peter M. Thorson, City Attorney CONTRACTOR Miko Mountain Lion, Inc. Contact Person: Miko Monteleone Jr. 3065 Mickelson Way Murrieta, CA 92563 Phone Number; 951) 852-5006 mi komountain I ioneggmail.com PM Initials: Date: 2 04/19/2018 FOURTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND MOORE FENCE COMPANY, INC. FENCING MAINTENANCE SERVICES (CONTRACT #15-092) THIS FOURTH AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Moore Fence Company, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On June 15, 2015, the City and Contractor entered into that certain Agreement entitled "Agreement for Fencing Maintenance Services," in the amount of $100,000. b. On May 10, 2016, the City and Contractor entered into the First Amendment that certain Agreement entitled "Agreement for Fencing Maintenance Services," to extend the term of the Agreement to June 30, 2017 and increase the payment in the amount of $35,000. C. On May 9, 2017, the City and Contractor entered into the Second Amendment that certain Agreement entitled "Agreement for Fencing Maintenance Services," to extend the term of the Agreement to June 30, 2018 and increase the payment in the amount of $50,000. d. On June 26, 2018, the City and Contractor entered into the Third Amendment that certain Agreement entitled "Agreement for Fencing Maintenance Services," to extend the term of the Agreement to June 30, 2019 and increase the payment in the amount of $50,000. e. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 2 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor 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 Fourth Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000), for additional fencing maintenance services for a total Agreement amount of Three Hundred Thirty -Five Thousand Dollars ($335,000). 04/18/2018 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA MOORE FENCE COMPANY, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Michael S. Naggar, Mayor Scott Moore, President ATTEST: By. Randi Johl, City Clerk APPROVED AS TO FORM: By: 971 4411� Peter M. Thorson, City Attorney CONTRACTOR Moore Fence Company, Inc. Contact Person: Scott Moore 280 E. First St. Perris, CA 92570 Phone Number: (951) 718-9777 scoft@moorefence.net PM Initials: l..i Date: G-13-19 4pv// q 110IF-DINE: MINUTES OF ANNVAL MEETING OF SHAREHOLDERS OF MOORE FENCE COMPANY, INC. '11c amual meeting of the Shareholders of MOORE FENCE COMPANY, INC., (the 'CoMomtion") was held on APR.IL 1$, 2012 as aet forth in the written waive of notice signed by the Shareholders. ;he meeting was called to order by SCOT" A. MOORS, the 9'mident of the Co-Toration, There were pmmt of the meeting; SCOTT A. MOORE being all the Shareholders of the Corporation. (Jpon motion duly made, seconded arrd unanimously carried, it was RESOLVED, that the persons listed below be, and they hereby are, elected m Dimtors and Officers of the Corporation which they havc previously sad to acept and to nerve until the next anr►ual meeting of Shareholders, until their suoeewors are duly Owed and t ify: President SCOTT A. ?I OGRE Secretary SC071' A, MOORS Treasurer SCOTT A. MOORS R MLVED FURTHER, That the Sccretary of the Coq)Graduu is rquircd to file or cause to be filed with the office of the Neva+la Secretary of State the Ann List of Officers, seating and recording the of'f`i=s of the Corporation, pursAww to Nevada Corporations Codc,'ropy of said filing to he placed in the Corporations t'ocord book. The Secretary further resorted that the Agent for Service of.Proeess for the Nevada Corporation is; Kingdom CausuklnM Inc. 1432 Iron Hith Use Las Vrgas, iwlY 89134 RESOLVFD, That the President further reponed pummm to Title 7 of the Nevada Devised Statutes, the Corporafwn has complied and filed Nevada State Mirmn License along with the fees paid to the Nevada Secretary OrState, Copy Of 93id filing is Ding placed in the Corporatiow Record i lC. R£ LVED, being no fir dm business to wme before ft meatier upon motion duly made, seconded =d unanimously mri4 the mwing was adjoumed. SC 'f' A. MOORE, Secretuy Wrmes ,A,pproved: SCOTT A. MOORS, Director SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RENE B. MARTINEZ, SR. dba RENE'S COMMERCIAL MANAGEMENT WEED ABATEMENT MAINTENANCE SERVICES (CONTRACT NO. 17-082) THIS SECOND AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Rene B. Martinez, Sr. dba Rene's Commercial Management, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2017 the City and Contractor entered into that certain Agreement entitled "Agreement for Weed Abatement Maintenance Services," in the amount of $200,000. b. On August 14, 2018, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Weed Abatement Maintenance Services," to extend the term of the agreement to June 30, 2019, increase the payment in the amount of $200,000, and to increase the contingency in the amount of $200,000. C. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Second Amendment amount shall not exceed Two Hundred Thousand Dollars ($200,000), for additional weed abatement maintenance services for a total Agreement amount of Six Hundred Thousand Dollars ($600,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 04/18/2018 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Rene B. Martinez, Sr. dba Rene's Commercial Management (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Rene B. Martinez Sr. Owner Peter M. Thorson, City Attorney CONTRACTOR Rene B. Martinez Sr. dba Rene's Commercial Management Contact Person: Rene B. Martinez Sr. 1002 Luna Way San Jacinto, CA 92583 Phone Number: (951) 487-0247 PM Initials: Date: 04/18/2018 ATTACHMENT A EXHIBIT B Attached hereto and incorporated herein as though set forth in full is the additional pricing as provided by the Contractor. CLICN,rt (:ery of- emecAola Contaet: Rodnti Tidwell TIME. & MATERIAL RATE.% FOR JULV 20I9 12020 DATE_ Alai , i, 2019 "Ontn" Rixht-of-Ways. Qq Lots, ete.: WEED SPRAV1Nf:: !) i're-�7ner8rtrt lnrsliratiun.: $234.00iacre or mile 2) $ 182,00+'acre or mile NOTE: (I mile = 5,280 ft. x 8 ft. wide = about l acre) Maior .%rteriaN: WEED SPRAT IN(i: 1) Pre-ernergent Applicatiuns: $ 48.80imile 2) Po_y-Llliti' hilt Applicalign�_ 5 78,00-mile MECIMNICAL WEED ABATEMENT OR LABOR Wi ; UIPMENT: Per Hour EmerPency Rexnusr.e Rai Furman & Pick-up $42.00 557-00 Man r Equipment $37.00 544,75 r:},y} K.%1, 1Iifllt 'I'R:C'+H I'IC:k-l3E' Ul.VAN-t FS. F-lf Per Hour Emergency Respimsc It_8ic Foreman & Pick-up $39.25 $57.00 Per Ntan Hour $31.00 $40.75 TRACTOR -MOWING: Equipment with Operator: $88.40 Vr, 0,1inimum 3 Hours Charge) (Rate includes transportation cost) All of these rates reflect current "Prevailing Wage and Certified Payroll". Rene B. Martinez Sr. — Cellular Phone: (951) 830-0239 — 24 flours 4 04/18/2018 SECOND AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND RENE B. MARTINEZ, SR. d/b/a RENE'S COMMERCIAL MANAGEMENT HOMELESS ENCAMPMENT CLEANUP SERVICES (CONTRACT NO. 17-168) THIS SECOND AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), , and Rene B. Martinez, Sr., d/b/a Rene's Commercial Management, a Sole Proprietor (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On August 22, 2017, the City and Contractor entered into that certain Agreement entitled "Agreement for Homeless Encampment Cleanup Services," in the amount of $100,000. b. On August 14, 2018, the City and Contractor entered into the First Amendment to that certain Agreement entitled "Agreement for Homeless Encampment Cleanup Services," to extend the term of the agreement to June 30, 2019, and increase the payment in the amount of $50,000. C. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 6 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The SECOND Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000), for additional Homeless Encampment Cleanup Services for a total Agreement amount of Two Hundred Fifty Thousand Dollars ($250,000). 4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full 04/18/2018 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Rene B. Martinez, Sr., d/b/a Rene's Commercial Management (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) 1 By: :--.- Rene B. Marti rmr Peter M. Thorson, City Attorney CONTRACTOR Rene B. Martinez, Sr., d/b/a Rene's Commercial Management Rene B. Martinez 1002 Luna Way San Jacinto, CA 92583 (951) 830-0239 rcmIO02.rm@gmaii.com PM Initia s: Date: L` 04/18/2018 ATTACHEIVIENT A EXHIBIT B Payment Rates and Schedule RATE SHEET FOR HOMELESS CLEAN-UP FOR 2019-2020 CLIENT: City of Temecula Contact: Rodney Tidwell LABOR RATES: 1) Site Clean-up Mobilization/Inspection: 2) Site Clean-up Labor, (4-5 crew): 3) Biohazard Technician 4) Non -Biohazard Material Disposal: 5) Asbestos Abatement: 6) Demolition of Structures: EOt IPMENT RATE: 1) D4T Dozer: 2) 328 Excavator 3) 430E Backhoe: 4) 450C Loader: 5) Water Truck/Tank: 6) Dump Truck / Trailer: S 250.00 / flour $85.00/Hour $ 85.00 / Hour $ 85.00 / Hour $ 50.00 / Hour $ 50.00 / Hour 4 DATE: June 4, 2019 $ 57.00 / Site $ 150.00 / Hour $ 41.IH1 / Hour S46.50/Ton S NIA $ N/A $ 1, 500.00 / Day $ 675.00 / Day S 385.00 / Day S 650.00 / Day S 375.00 / Day S 325.00 / Day 04/18/2018 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND U.S. NATIONAL CORP PAINTING MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and U.S. National Corp, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes. a. On January 8, 2019, the City and Contractor entered into that certain Agreement entitled "Agreement for Painting Maintenance Services," in the amount of $200,000. b. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $200,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor 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 Two Hundred Thousand Dollars ($200,000) for additional painting maintenance services for a total Agreement amount of Four Hundred Thousand Dollars ($400,000). 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA U.S. National Corp (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: Michael S. Naggar, Mayor ATTEST: By: By: By: Randi Johl, City Clerk M tilde Jimenez, S retary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR US National Cor _Contact Person: Mary Martinez 10205 San Fernando Rd Pacoima, CA 91331 818-686-2166 maryg@usnationalcorp.com 04/18/2018 FIFTH AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND VN ENTERPRISES, INC. ENGINEERED WOOD PLAYGROUND FIBER IN PARK PLAY AREAS AND GENERAL MULCH IN LANDSCAPE AREAS (CONTRACT NO. 15-027) THIS FIFTH AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and VN Enterprises, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On February 24, 2015, the City and Contractor entered into that certain Agreement entitled "Agreement for Engineered Wood Playground Fiber in Park Play Areas and General Mulch in Landscape Areas," in the amount of $100,000. b. On May 12, 2015, the City and Contractor entered into the First Amendment that certain Agreement entitled "Agreement for Engineered Wood Playground Fiber in Park Play Areas and General Mulch in Landscape Areas," to add scope of work, add the Prevailing Wage and DIR Clauses, extend the term of the Agreement to June 30, 2016, and increase the payment in the amount of $125,000. C. On May 10, 2016, the City and Contractor entered into the Second Amendment that certain Agreement entitled "Agreement for Engineered Wood Playground Fiber in Park Play Areas and General Mulch in Landscape Areas," to extend the term of the Agreement to June 30, 2017 and increase the payment in the amount of $35,000. d. On May 9, 2017, the City and Contractor entered into the Third Amendment that certain Agreement entitled "Agreement for Engineered Wood Playground Fiber in Park Play Areas and General Mulch in Landscape Areas," to extend the term of the Agreement to June 30, 2018 and increase the payment in the amount of $100,000. e. On June 26, 2018, the City and Contractor entered into the Fourth Amendment that certain Agreement entitled "Agreement for Engineered Wood Playground Fiber in Park Play Areas and General Mulch in Landscape Areas," to extend the term of the Agreement to June 30, 2019 and increase the payment in the amount of $100,000 f. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $100,000, and to amend the Agreement as set forth in this Amendment. 2, Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows - This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: 04/18/2018 The City agrees to pay Contractor 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 Fifth Amendment amount shall not exceed One Hundred Thousand Dollars ($100,000) for additional Engineered Wood Playground Fiber in Park Areas and General Mulch in Landscape Areas for a total Agreement amount of Five Hundred Sixty Thousand Dollars ($560,000). 4. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: Randi Johi, City Clerk APPROVED AS TO FORM: By: - — Peter M. Thorson, City Attorney VN ENTERPRISES, INC. dba MULCHMASTER By: David Mittlestadt, President By: hany Ross, g4neral Manager CONTRACTOR VN Enterprises, Inc. Contact Person: Bethany Ross 27312 Calle Arroyo, Ste A, SJC, CA 92675 Phone Number: (877) 256-9639 bGthanyfa mulch-master.com PM Initials: Date. ATTACHMENT A 3 04/18/2018 ATTACHMENT A EXHIBIT B Attached hereto and incorporated herein as though set forth in full is the additional pricing as provided by the Contractor. It Quantity Unit Quote Description Bid Price Line Item Total 1 120 Cubic Certified Playground Fiber $65.80 $7,896.00 Yard 2 100 Cubic General Mulch $55.00 $5,500.00 Yard 3 1 Each Loader Moue-In/Move-Out for each $750.00 $750.00 job/order 4 130 Cubic Shredded Bark Mulch $57.00 $7,410.00 Yard 04/18/2018 THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND WEST COAST ARBORISTS, INC. CITYWIDE TREE TRIMMING MAINTENANCE SERVICES (CONTRACT NO. 16-132) THIS THIRD AMENDMENT is made and entered into as of July 9, 2019 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and West Coast Arborists, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: This Amendment is made with the respect to the following facts and purposes: a. On June 14, 2016, the City and Contractor entered into that certain Agreement entitled "Agreement for Citywide Tree Trimming Maintenance Services," in the amount of $500,000. b. On May 9, 2017, the City and Contractor entered into the First Amendment that certain Agreement entitled "Agreement for Citywide Tree Trimming Maintenance Services," to extend the term of the Agreement to June 30, 2018 and increase the payment in the amount of $400,000. C. On June 26, 2018, the City and Contractor entered into the Second Amendment that certain Agreement entitled "Agreement for Citywide Tree Trimming Maintenance Services," to extend the term of the Agreement to June 30, 2019 and increase the payment in the amount of $500,000 d. The parties now desire to extend the term of the agreement to June 30, 2020, increase the payment in the amount of $500,000, and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2020 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor 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 Third Amendment amount shall not exceed Five Hundred Thousand Dollars ($500,000), for additional Citywide Tree Trimming Maintenance Services for a total Agreement amount of One Million Nine Hundred Thousand Dollars ($1,900,000). 04/18/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Michael S. Naggar, Mayor ATTEST: By: .. Randi Johl, City Clerk APPROVED AS TO FORM: WEST COAST ARBORISTS, INC. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) r f By: / By: Patrick Mahoney, President Rig By: _ Peter M. Thorson, City Attorney CONTRACTOR West Coast Arborists, Inc. Contact Person: Patrick Mahoney 2200 E. Via Burton Street Anaheim, CA 92806 Phone Number: (714) 991-1900 pmahoney@wcainc.com PM Initia Date: 3 04/18/2018 ATTACHMENT A EXHIBIT B Attached hereto and incorporated herein as though set forth in full is the additional pricing as provided by the Contractor. CITY OF TEMECULA Schedule of Compensation for Year 2019 - 2020 Tree Maintenance Services performed by WCA, Inc. 1 Clearance Pruning Each $30.80 2 Aesthetic Pruning Each $62.65 3 Park / Slope Pruning (Aerial Unit) Each $94.50 4 Palm Tree Pruning Each $47.80 5 Tree and Stump Removal Inch $31.85 6 Tree Only Removal Inch $26.55 7 Stump Only Removal Inch $10.65 8 Plant 15 Gal w/o RB Each $164.75 9 Plant 15 Gal w/ RB Each $175.35 10 Plant 24" Box w/o RB Each $313.55 11 Plant 24" Box w/ RB Each $340.15 12 Root Pruning w/o RB Each $52.00 13 Root Pruning wl RB Each $52.00 14 Arborist Services Man Hour $127.35 15 Specialty Equipment Rental Hour $191.00 16 Watering Day $467.30 17 Crew Rental - per man Man Hour $63.65 18 Emergency Call Out Man Hour $74.40 19 Park / Slope Pruning (Climbing) Each $94.50 The proposed rates reflect an increase of 2.7% based on the Consumer Price Index for LA - Orange -Riverside region. Upon approval, the new rates will be effective July 1, 2019 and valid through June 30, 2020. 4 04/18/2018 Item No. 10 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2019 SUBJECT: Award a Construction Contract to All American Asphalt for the Pavement Rehabilitation Program — Citywide, Rancho Vista Road (Pasco Goleta to Butterfield Stage Road), PW 19-01 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer Laura Bragg, Associate Engineer II RECOMMENDATION: That the City Council: 1. Award a construction contract to All American Asphalt in the amount of $855,333.00, for the Pavement Rehabilitation Program — Citywide, Rancho Vista Road (Pasco Goleta to Butterfield Stage Road), PW19-01; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $128,299.95, which is equal to 15% of the contract amount; 3. Make a finding that the Pavement Rehabilitation Program — Citywide, Rancho Vista Road (Pasco Goleta to Butterfield Stage Road), PW 19-01 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: As part of the Capital Improvements Program and Budget for Fiscal Year 2019-2023, the City Council approved appropriations to support a Citywide Pavement Rehabilitation Program that would implement the recommended maintenance activities identified in the previously completed Pavement Management Program update (PMP). The PMP prioritized the areas in need of repairs and identified the recommended method for these repairs. Using the PMP, staff selected Rancho Vista Road based on its ranking in the PMP report, economy of scale, and the available budget. The project will rehabilitate the full width of Rancho Vista Road from just west of the eastern most leg of Pasco Goleta to Butterfield Stage Road (excluding the intersection), the full width of Meadows Parkway 200 feet north and south of the Rancho Vista Road intersection and additionally along the northbound lanes of Meadows Parkway north of Rancho Vista Road, stopping at the beginning of the first median island. Work generally will consist of 2" — 3" cold milling existing pavement and placement of approximately 2" — 3" asphalt concrete, reconstruction of ADA ramps, adjustment of existing utilities to grade, and replacing existing striping, pavement markers, and traffic signal loops. On April 9, 2019, the City Council approved the specifications and authorized the Department of Public Works to solicit construction bids. The construction contract was publicly advertised for bids and on Tuesday, June 11, 2019 six (6) bids were electronically opened and publicly posted on the City's online bidding service, PlanetBids. The results were as follows: Contractor Bid Amount I All American Asphalt $ 855,333.00 2 Hardy and Harper $ 927,450.00 3 Onyx Paving $ 929,000.00 4 R.J. Noble Company $ 932,630.00 5 L.C. Paving & Sealing, Inc. $1,014,625.00 6 Eagle Paving $1,065,280.68 Staff has completed its analysis of the submitted bids and found All American Asphalt to be the lowest responsible bidder. All American Asphalt has successfully completed similar projects for various public agencies including the City of Temecula. The Engineer's estimate for the project was $1,100,000. The contingency requested is 15%, instead of the typical 10%, to cover change orders in the event subgrade conditions are not as expected and localized dig outs are necessary. The specifications allow for sixty (60) working days for construction, which is approximately 3 months. The project is Categorically Exempt under the California Environmental Quality Act (CEQA). The Notice of Determination was filed with the County of Riverside on April 22, 2019, in compliance with the provisions of Section 21152 of the Public Resource Code. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA requires that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Maintenance only projects, such as this project, are exempt from MSHCP fees. FISCAL IMPACT: The Pavement Rehabilitation Program — Citywide, Rancho Vista Road (Paseo Goleta to Butterfield Stage Road) is identified in the City's Capital Improvement Program, Fiscal Years 2019-23, and is funded with General Fund, Gas Tax, Measure A and Road Repair and Accountability Act RMRA Funds (SB 1). Adequate funds are available in the project accounts to cover the construct cost plus the requested contingency which totals $983,632.95. ATTACHMENTS: 1. Contract 2. Project Description 3. Project Location Map CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for PAVEMENT REHABILITATION PROGRAM - CITYWIDE RANCHO VISTA ROAD (PASEO GOLETA TO BUTTERFIELD STAGE ROAD) PROJECT NO. PW19-01 THIS CONTRACT, made and entered into the 9t" day of July, 2019 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and All American Asphalt, hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PAVEMENT REHABILITATION PROGRAM - CITYWIDE — RANCHO VISTA ROAD (PASEO GOLETA TO BUTTERFIELD STAGE ROAD), PROJECT NO. PW19-01, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the 2015 version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION PROGRAM - CITYWIDE — RANCHO VISTA ROAD (PASEO GOLETA TO BUTTERFIELD STAGE ROAD), PROJECT NO. PW19-01. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION PROGRAM - CITYWIDE — RANCHO VISTA ROAD (PASEO GOLETA TO BUTTERFIELD STAGE ROAD), PROJECT NO. PW19-01. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed C-1 CONTRACT P' 3 El 5 and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PAVEMENT REHABILITATION PROGRAM - CITYWIDE — RANCHO VISTA ROAD (PASEO GOLETA TO BUTTERFIELD STAGE ROAD), PROJECT NO. PW19-01. All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: EIGHT HUNDRED FIFTY FIVE THOUSAND, THREE HUNDRED THIRTY THREE DOLLARS AND ZERO CENTS ($855,333.00), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed 60 working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6. PAYMENTS a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed C-2 CONTRACT according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8. WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted C-3 CONTRACT prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12. GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items C4 CONTRACT in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. 15. NOTICE TO CITY OF LABOR DISPUTES Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. II & BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18. DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. C-5 CONTRACT 21 22. 23 CONTRACT ADA REQUIREMENTS. By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. C-6 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: a-c' I Ci CONTRACTOR: All American Asphalt 400 East Sixth Street Corona, CA 92879 951-736-7600 publicworks@allamericanasphalt.com By: Edward J. Carlson Print or type NAME Vice President Print or type TITLE Mark Luer Print or type NAME President Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED: ATTEST: Randi Johl ,City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney CONTRACT CITY OF TEMECULA By: Ca Mike Naggar, Mayor �%'/ I I I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness. accuracv. or validitv of that document. State of California County of Riverside On June 14, 2019 before me, Courtney Chagas, Notary Public , Date Here Insert name and Title of the Officer personally appeared Edward J. Carlson, Mark Luer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in COURTNEY CHAPAS his/hcr/�hcir authorized capacity(ies), and that by his/he4their Notary Public - California signature(s) on the instrument the person(s), or the entity upon behalf r , . Riverside County Y of which the person(s) acted, executed the instrument. x Commission # 2172984 MY Com Nov 20, 2020 1 certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is rue and correct. WITNESS my hand %ndoial seal. Signature Place Notary Seal Above Si turn of Vtary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Contract -City of Temecula Document Date: June 14, 2019 Number of Pages: 7 Signer(s) Other Than Named Above: None Capacity(ies) Claimed by Signer(s) Signer's Name: Edward J. Carlson Signer's Name: Mark Luer ❑ Individual ❑ Individual X Corporate Officer — Title(s): Vice President ❑ Partner ❑ ❑ Limited ❑ General o Attorney in Fact • ❑ Trustee Top of thumb here ❑ Other: X Corporate Officer — Title(s): President ❑ Partner ❑ ❑ Limited ❑ General ❑ Attorney in Fact ' Top of thumb here ❑ Trustee ❑ Other: Signer is Representing: f I Signer is Representing: Wino c—n Capital Improvement Program Fiscal Years 2019-23 PAVEMENT REHABILITATION PROGRAM - CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects is used to determine the allocation of available funding. Installations are completed on an ongoing basis. Department: Public Works - Account No. 210.165.655 Level: 2022-23 Project Cost: Prior Years FYE 2018 2018-19 Projected Actual Carryover Adopted 2019-20 2020-21 2021-22 and Future Total Project Expenditures Budget Appropriation Proiected Projected Projected Years Cost Administration $ 2,312,408 $ 285,652 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 120,000 $ 3,918,060 Construction $ 18,394,986 $ 3,895,090 $ 2,629,591 $ 2,577,154 $ 2,655,941 $ 2,736,689 $ 3,199,397 $ 36,088,848 Construction Engineering $ 289,799 $ 664,960 $ 250,000 $ 250:000 $ 250,000 $ 250,000 $ 50,000 $ 2,004,759 Design/Environmental $ 781,049 $ 516,993 $ 1,298,042 Totals $ 21,778,242 1 $ 5,362,695 1 $ 3,179,591 1 $ 3,127,154 1 $3,205,941 1 $3,286,689 1 $3,369,397 1 $ 43,309,709 Source of Funds: Prior Years FYE 2018 2018-19 Actual Carryover Adopted 2019-20 2020-21 2021-22 2022-23 Total Project Expenditures Budget Appropriation Proiected Proiected Proiected Proiected Cost General Fund $ 4,543,670 $ 1,148,944 $ 5,692,614 Gas Tax $ 341,187 $ 858,813 $ 1,200,000 RMRA (1) $ 633,191 $ 1,843,670 $ 1,880,543 $1,918,154 $ 1,956,517 $1,995,647 $ 10,227,722 Measure A $ 14,893,385 $ 2,721,747 $ 1,335,921 $ 1,246,611 $1,287,787 $ 1,330,172 $1,373,750 $ 24,189,373 Measure S $ 2,000,000 $ 2,000,000 Total Funding: $ 21,778,242 $ 5,362,695 $ 3,179,591 $ 3,127,154 $3,205,941 $3,286,689 $3,369,397 $ 43,309,709 Future Operation & Maintenance Costs: 2018-19 2019-20 2020-21 2021-22 2022-23 (1) Road Repair and Accountability Act (RMRA) a 3 0 < n � a �3 m x nN 03 �0 " 39 a � � = a o E, g 3 o o o � NNE "mac o o = m a d � o o dv fD o v � o 0 g o lb o;,, � aN �o a�� w► ��� �Z 'i Z A i dL *moo • A , v%ow ♦ SW� ii�'r�►� . s� y ��y j ;�� r,� �► sy ss g dF R9ti � Ar 7� eyoG/s ; a 8 i �� ;* _ate! °off J der 4y C)�o� -9 �► 9 ,�id is t � i i ! 3 * i qw 4 n i 0 IL +; �� �► i 14F M . * i �0 Vi a~. ;0 i�i ion ■ fn ' O n0 0 air r� of �44r,.�N_ jr A �(P 'ram w *\— Item No. 11 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2019 SUBJECT: Accept Improvements and File the Notice of Completion for French Valley Parkway Interchange — Environmental Mitigation, PW02-11EM PREPARED BY: Avlin Odviar, Senior Civil Engineer William Becerra, Associate Engineer II RECOMMENDATION: That the City Council: 1. Accept the improvements for the French Valley Parkway Interchange — Environmental Mitigation, PW02-11EM; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the final contract amount; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On February 23, 2010, the City Council adopted Resolution Number 10-14 to approve the French Valley Parkway/Interstate 15 Overcrossing and Interchange Improvements, PW02-11 and adopt the Mitigated Negative Declaration. The City, in conjunction with the resource agencies, selected an appropriate mitigation site to implement measures necessary to offset impacts to riparian habitats. The 2.73 acre site is located along the northern bank of Temecula Creek, approximately'/4 mile west of Pechanga Parkway. On August 14, 2012 the City Council awarded a construction contract to Natures Image Inc. in the amount of $195,559.00, and authorized the City Manager to approve change orders within 10% of the contract amount, to create the mitigation site, and maintain and monitor the site for a period of no less than 5 years to foster its development and success. The construction work on the site was completed in November 2013. The site was maintained and monitored through January 2019 when the mitigation work was deemed complete by U.S. Army Corps of Engineers, Regional Water Quality Control Board, and California Department of Fish and Wildlife. Natures Image has completed the work in accordance with the approved specifications and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from January 11, 2019, the date the City obtained "beneficial use" of the project improvements and received concurrence from all necessary resource agencies that the Project meets mitigation requirements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. The original Contract amount was $195,559.00. There were approved change orders in the amount of $12,299.71. which bring the total cost to $207,858.71. FISCAL IMPACT: There is no Fiscal Impact for project acceptance and filing of the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract, which was awarded by the City of Temecula to Natures Image, Inc. 20361 Hermana Circle, Lake Forest, CA 92630, to perform the following work of improvement: French Valley Parkway Interchange — Environmental Mitigation, Project No. PW02-11 EM 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 9, 2019. That upon said contract The Ohio Casualty Insurance Company, 790 The City Drive South, Suite 200, Orange, CA 92868, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: French Valley Parkway Interchange — Environmental Mitigation, Project No. PW02-11 EM 6. The location of said property is: along the northern bank of Temecula Creek, approximately'/4 mile west of Pechanga Parkway, Temecula, California. Dated at Temecula, California, this 9t" day of July, 2019. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 91h day of July, 2019. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 024045916 MAINTENANCE BOND FOR FRENCH VALLEY PARKWAY INTERCHANGE — ENVIRONMENTAL MITIGATION PROJECT NO. PW02-11 EM KNOW ALL PERSONS BY THESE PRESENT THAT: Natures Image. Inc.. 20361 Hermana Circle. Lake Forest. CA 92630 NAME AND ADDRESS CONTRACTOR'S a Corporation , hereinafter called Principal, and (fill in whether a Corporation, Partnership or individual) The Ohio Casualty Insurance_ Company, 790 The City Drive South, Suite 200, Orange, CA 92868 NAME AND ADDRESS OF SURETY hereinafter called SURETY, are held and firmly bound unto CITY OF TEMECULA, hereinafter called OWNER, in the penal sum of Nineteen Thousand Seven Hundred Three DOLLARS and Fifty CENTS ($ 19.703.51 ) in lawful money of the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the OWNER, dated the 14th day of _ August . 2012, a copy of which is hereto attached and made a part hereof for the construction of FRENCH VALLEY PARKWAY INTERCHANGE — ENVIRONMENTAL MITIGATION, PROJECT NO. PW02-11 EM. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one (1) year after approval of the final estimate on said job, by the OWNER, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on November 21, 2017 X)NXR. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND MB-1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 5th day of March. 2018 XIS. (Seal) SURETY The Ohio Casualty Insurance Company M Dwight Reilly (Name) Attorne -in-Fact (Title) APPROVED AS TO FORM: Peter M. Thorson, City Attorney PRINCIPA Natures Image, Inc. By: M i chef ic. Name) re[ (Title) By: ' J (Name) Gxearhv� V.-F. awl C• U. v (Title) Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures MAINTENANCE BOND MB-2 ACKNOWLEDGMENT A Notary Public or other of completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange) On March 9, 2018 before me, Sara Koenig, Notary Public, personally appeared Andrew J. Fox and Michelle Caruana who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SARA KOENIG COMM ... 2072498 m U o NOTARY PUBLIC-CALIFORNIA m ORANGE COUNTY W My Term Exp. June 24, 211I Signature (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Oran On March 5, 2018 before me, Melissa Ann Vaccaro, Notary Public (insert name and title of the officer) personally appeared _ Dwight Reilly who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signaturv Melissa Ann Vaccaro (Seal) MELISSA ANN VACCARO Commission # 2068090 z -:' Notary Public - California z Orange County M Comm. Expires May 12. 2018 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. Bond No. 024045916 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7992511 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casually Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arturo Ayala; Michael Castaneda; Daniel Huckabay; Dwight Reilly; Shaunna Rozelle Ostrom all of the city of, Orange , state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 26th day of January 2018 JY�.Y 1 o J� 1rNsr�g�y�ti" v�ci� 1hsa w The Ohio Casualty Insurance Company U Liberty Mutual Insurance Company 1919 n r 1912 ❑ 1991 � o 9 West merican Insurance Company 0 '- y N y'dJf YVM1mv �'6� ��) in � �� ' dL a•.h '" /1 m l * # By: 11,. +�+ STATE OF PENNSYLVANIA ss David M. Carey 4ssi$tanl Secretary +s COUNTY OF MONTGOMERY dOn this 26th day of January 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance y Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes p 3 therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a.. � e}> > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written, Sp, PA5p COMMONWEALTH OF PENNBYLVANIA 'G Q��o>rwp��`�{ Notarial Sea! .N �� = v E,,,-T.l a P2LY" asteila. Notary Public BY - — `1 OF ionTwp„ Montgomery County Teresa Pastella, Notary Public 0 ` ssirn Expires March 28, 2021 �yW' � 0 �R+iY Member, Pennsylvania NssuciaPier of Notaries O W r_ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: d ARTICLE IV— OFFICERS— Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject +; to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, D acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective E powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, > � and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, Z v seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 5 th y,Y fNSI� s sHSVR �sN50 �2M ? 1912 1991 �I; a a � � gyq,,;i''rM1IFT �a .af7p `tn_ �$ " ' 1tryn11M �' dayof March 2018 By: Renee C. L ssistant Secretary LMS_12873 022017 91 of 300 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE FRENCH VALLEY PARKWAY INTERCHANGE — ENVIRONMENTAL MITIGATION PROJECT NO. PW02-11 EM This is to certify that Natures Image, Inc., (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of its contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as FRENCH VALLEY PARKWAY INTERCHANGE — ENVIRONMENTAL MITIGATION, PROJECT NO. PW02-11 EM, situated in the City of Temecula, State of California, more particularly described as follows: 2.73 acres located along Temecula Creek, '/4 mile from intersection of Pechanga Parkway and Temecula Parkway. The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: None Description Dollar Amount to Dispute $0.00 Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. Dated: 3i9i201 s CONTR CTOR By: Si( Michelle Caruana, President Print Name and Title MAINTENANCE BOND MB-3 Item No. 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: July 9, 2019 SUBJECT: Accept Improvements and File the Notice of Completion for Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW 17-04 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer — CIP Chris White, Associate Engineer II - CIP RECOMMENDATION: That the City Council: 1. Approve a budget transfer in the amount of $175,000.00 from Sidewalks — Citywide to Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park); 2. Approve an increase to the project contingency in the amount of $59,062.83 for the Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW 17-04; 3. Increase the City Manager change orders approval authority in the amount of $59,062.83; 4. Accept the improvements for the Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW 17-04, as complete; 5. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract amount; 6. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been fled. BACKGROUND: On March 13, 2018, the City Council awarded a construction contract to Eagle Paving Company, Inc., in the amount of $477,577.00, and authorized the City Manager to approve change orders not to exceed a 10% contingency of $ 47,757.70, to complete the Sidewalks — Old Town Improvement Project (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PW 17-04. The Old Town sidewalk improvements along Mercedes Street from Fourth Street to Sam Hick Monument Park provides walking surfaces for pedestrians. The project consisted of installing sidewalk, ADA ramps, retaining walls, street lights, and planting street trees along the east side of Mercedes Street. The budget transfer is necessary for additional administration and construction costs. During construction additional saw -cutting of asphalt concrete, installation of an electrical meter pedestal, additional electrical pull boxes, traffic control and NPDES compliance were necessary. The cost of these additions exceed the remaining contingency amount and necessitates an increase to the contingency. The contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from March 13, 2019, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The original contract amount was $477,577.00, the approved contract change orders and remaining contingency total $47,757.70, and with the contingency increase of $59,062.83, the total project cost is $584,397.53. With the budget transfer of $175,000.00 there will be sufficient funds available in the account to cover the contingency increase request as well as the additional administration costs. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release 3. Maintenance Bond RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Eagle Paving Company, Inc. 13915 Danielson Street, Suite 201, Poway, CA 92064, to perform the following work of improvement: Old Town Sidewalk Improvements (Mercedes Street from Fourth Street to Sam Hicks Monument Park), Project No. PW17-04 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on July 9, 2019. That upon said contract The Developers Surety and Indemnity Company, 17771 Cowan Avenue, Suite 100, Irvine, Ca. 92614, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Old Town Sidewalk Improvements (Mercedes Street from Fourth Street to Sam Hicks Monument Park), Project No. PW17-04 6. The location of said property is: on the East side of Mercedes Street from Fourth Street to Sam Hicks Monument Park, Temecula, California Dated at Temecula, California, this 9t" day of July, 2019. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 91h day of July, 2019. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (Mercedes Street from Fourth Street to Sam Hicks Monument Park) PROJECT NO. PW17-04 This is to certify that 3w } l + cw� (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (Mercedes Street from Fourth Street to Sam Hicks Monument Park, PROJECT NO. PW17-04, situated in the City of Temecula, State of California, more particularly described as follows: MERCEDES STREET BETWEEN FOURTH STREET AND SAM HICKS MONUMENT PARK, TEMECULA CA 92590 ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above. CONTRACTOR: Dated: Kb By I ' Pja Si Lure �dmuk Print Name and Title RELEASE R-1 EXECUTED IN DUPLICATE BOND NO. 894512P PREMIUM INCLUDED IN PERFORMANCE BOND CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. 894512P MAINTENANCE BOND for OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (Mercedes Street from Fourth Street to Sam hicks Monument Park) PROJECT NO. PW17-04 KNOW ALL PERSONS BY THESE PRESENT THAT, EAGLE PAVING COMPANY, INC., 13915 DANIELSON STREET, SUITE 201 POWAY, CA 92064 NAME AND ADDRESS OF CONTRACTOR a CORPORATION (hereinafter called "Principal'), and (Fill in whether a Corporation, Partnership, or Individual) DEVELOPERS SURETY AND INDEMNITY COMPANY, 17771 COWAN AVENUE, SUITE 100, IRVINE, CA 92614 NAME AND ADDRESS OF SURETY (hereinafter called "Surety") are held and firmly bound unto City of Temecula (hereinafter called "Owner") in the penal sum of FIFTY EIGHT THOUSAND SEVEN HUNDRED ONE DOLLARS AND EIGHTY TWO CENTS ($ 58,701.82 ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated this 13TH day of MARCH , 2018, a copy of which is hereto attached and made a part hereof for the construction OLD TOWN SIDEWALKS IMPROVEMENT PROJECT (Mercedes Street from Fourth Street to Sam Hicks Monument Park), PROJECT NO. PW17-04. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 13TH day of _ MARCH , 2018, NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. MAINTENANCE BOND MB-1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 14TH day of JUNE, 2019 , nu (Seal) SURETY: DEVELOPERS SURETY AND INDEMNITY COMPANY By: ni JOH G. MALON (Name) ATTORNEY -IN -FACT (Title) APPROVED AS TO FORM: P r M. Thorson, City Attorney PRINCIPAL: EAGLE PAVING COMPANY, INC. By. J E ATULE ( ,-; (me) PRESIDENT (Title) MARISA GARLAND (Name) CFO (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE 90ND MB-2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 6/14/2019 before me, SANDRA FIGUEROA, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared JOHN G. MALONEY Nome(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/aFe subscribed to the within instrument and acknowledged to me that he/s eq executed the same in his/ efA authorized capacity0es), and that by his/hemithei signature(s) on the instrument the person(s), or the entity upon behalf of which the person(a) acted, executed the instrument. SANDRA FIGUEROA COMM. # 21E2642 Z SAN DIEGO COUNTY NOTARY PUBLIC-CALIFORNIA[ MY COMMISSION EXPI AUGUST 14. 2020RE Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature �ca Signature of Nof ry Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JOHN G. MALONEY ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual El Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator n Other- Signer is Representing: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: / ***Mark D. latarola, John G. Maloney, Helen Maloney, Helen E. Whealdon, Sandra Figueroa, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice -President, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officersandattested by their respective Secretary or Assistant Secretary this 4th day of October, 2018. .1il By: SA.... %.•.,�•• pRtpAtdYp .R Daniel Young, Senior Vice-Presidentri46�QT.�"tfy 1936 OcY. 5 a a : ra F ui ~ 9fi7 By: �7•., irpp4E�. da y q �1 Mark Lansdon, Vice -President •'•.s�p"*"'ye��,� !Fp A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On October 4, 2018 before me, Lucille Raymond. Notary Public Dale Here Insert Name and Title of the officer personally appeared Daniel Young and Mark Lansdon Name(s) of signer(s) LUCILLE RAYMOND eMy notary Public • California Orange County CotnrrrWian g 2258185 Comm. Expires Oct 13, 2022 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ��_ Signature Lucillo6yitiond, Notary Public if CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the Cityof Irvine, California, this 14TH day of JUNE 2019 ,,`' y AND p1pANYp Y � � ' y: � xi• 3 d d B 1936 = n ; w $969 � Cassie J. risford, Assistant Se4btary 'sQy' �+e pµc�'4- o�i 0 •..,�eJFp�'�Y �r �Q ..... ATS-1002 (10118) ''rn.+.*„y•''�, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 . -�-e:. : "d1900j A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document jto which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif rnia 1 County of J} On before me, ❑ e u Here Insert Name and Titlk of the Officer personally appeared who proved to me on the basis of satisfactory evidence to be the person) whose namn islaze subscribed to the within instrument and acknowledged to me that he/ehefthrey executed the same in hisliaerl I:4eir authorized capacity(Lg), and that by hisLha444eir sfgnaturev on the instrument the person6), or the entity upon behalf of which the person(p acted, executed the instrument. U@(COMM. OMA# 2210373 NOTARY PUBLIC-CALiFORN) SAN DIEGO COUNTY 0 EXPIRES AUG 19, 2019 - Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my, hand an official seal, l r� Signature 1 Signature of Notary Pu lic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claim d g er ) Signer's Name: I Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Number of Pages: at Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: +S7i9��Q�.� ���4lriSpa4isa -0040fit00.90io t.21513:40914R%7 kr ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 •�{ney�����:*G.7���1pSi�Of9A.�4�B°��C>>RG��S•Si. a�.;7{7?va:r•.-.:�.;.-.:�%- .:�.2.:;.;:.s;.�s.:r. 1.ti.; r.k..:.s..1.�y.. r`„.-.ce.�.-..:r_.uas{��� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of J} On _\Abefore me, Date Here 1 ert Np a pnd T' le o the Officer personally appeared Name(s) of Sip ds1 who proved to me on the basis of satisfactory evidence to be the person(j) whose name(;) is1m* subscribed to the within instrument and acknowledged to me that be/sheltfaey executed the same in44s/herltheir- authori2ed capacity(j,eS), and that by-histherltAeir signatureO on the instrument the person(%, or the entity upon behalf of which the person(practed, executed the instrument. R. FALDUTI r '� COMM. #'2120373 �aa NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY COMM. EXPIRES AUG 19,201 1 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand a .d official seal. L r Signature Signature of Notary PuiNic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Document Date: Signer(s) Other Than Named Above: Capacity(ies) Cl i ed by Sign (s) Signer's Name: oc'mA Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Item No. 13 ACTION MINUTES TEMECULA COMMUNITY SERVICES DISTRICT MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DUNE 25, 2019 CALL TO ORDER at 7:32 PM: President James Stewart ROLL CALL: Edwards (absent), Naggar, Rahn, Schwank, Stewart CSD PUBLIC COMMENTS None CSD CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0, Edwards absent): Motion by Naggar, Second by Rahn. The electronic vote reflected unanimous approval with Edwards absent. 14. Approve the Action Minutes of June 11, 2019 Recommendation: That the Board of Directors approve the action minutes of June 11, 2019. 15. Approve Financial Statements for the 3rd Quarter Ended March 31, 2019 Recommendation: That the Board of Directors receive and file the financial statements for the 3rd quarter ended March 31, 2019. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:33 PM, the Community Services District meeting was formally adjourned to Tuesday, July 9, 2019, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. James Stewart, President ATTEST: Randi Johl, Secretary [SEAL] Item No. 14 ACTION MINUTES SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 25, 2019 CALL TO ORDER at 7:33 PM: Chair Mike Naggar ROLL CALL: Edwards (absent), Rahn, Schwank, Stewart, Naggar SARDA PUBLIC COMMENTS None SARDA CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (4-0, Edwards absent): Motion by Stewart, Second by Schwank. The electronic vote reflected unanimous approval with Edwards absent. 16. Approve the Action Minutes of June 11, 2019 Recommendation: That the Board of Directors approve the action minutes of June 11, 2019. 17. Approve Financial Statements for the 3rd Quarter Ended March 31, 2019 Recommendation: That the Board of Directors receive and file the financial statements for the 3rd quarter ended March 31, 2019. SARDA EXECUTIVE DIRECTOR REPORT SARDA BOARD OF DIRECTOR REPORTS SARDA ADJOURNMENT At 7:34 PM, the Successor Agency to the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, July 9, 2019, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair ATTEST: Randi Johl, Secretary [SEAL] Item No. 15 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: July 9, 2019 SUBJECT: Conduct the Linfield School Tax Equity and Fiscal Responsibility Act (TEFRA) Hearing Approving of Tax Exempt Obligations for Construction and Renovation of Facilities at Linfield Christian School and Join California Enterprise Development Authority PREPARED BY: Luke Watson, Director of Community Development RECOMMENDATION: That the City Council: 1. Conduct a public hearing for the financing of the Linfield Christian School proposed facilities project located at 31950 Pauba Road, Temecula, California 92592; 2. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF TEMECULA IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY 3. Adopt a resolution entitled: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF ITS REVENUE OBLIGATIONS FOR THE BENEFIT OF LINFIELD CHRISTIAN SCHOOL AND/OR A RELATED ENTITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE COST OF ACQUISITION, DEVELOPMENT, CONSTRUCTION, INSTALLATION, EQUIPPING AND FURNISHING OF CERTAIN FACILITIES, AND OTHER MATTERS RELATING THERETO SUMMARY: The California Enterprise Development Authority, a joint powers agency, (the "Authority") proposes to finance the construction and renovation of educational facilities on the campus of Linfield Christian School in Temecula ("Obligations"). The Obligations will be tax exempt as this will reduce financing costs and debt service costs for Linfield Christian School. In order for the Obligations to be tax exempt, the federal Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA") requires the City to take three actions: 1) Hold a noticed public hearing on the proposed Obligations; 2) Adopt a Resolution join California Enterprise Development Authority as an associate member; and 3) Adopt a Resolution approving the issuance of the Obligations. The City Council is required to take these actions because the proposed facilities at Linfield Christian School being financed are located within the City of Temecula, and the City Council is the elected legislative body of the City and is the "applicable elected representative" under Section 147(f) of the Internal Revenue Code. There is no financial impact to the City from its approval of the issuance of the Obligations. The Authority will act as issuer and perform all of the necessary legal and administrative responsibilities associated with the financing. The Obligations are special, limited obligations of the Authority payable solely through the repayment of the loan by Linfield Christian School which repayment is used to pay the principal of and interest on the Obligations. The Obligations issued by the Authority are not an obligation of the City or any member of the Authority. Neither the faith or credit, nor the taxing power of the City, any member of the Authority, the State or any political subdivision is pledged to the repayment of the Obligations. BACKGROUND: CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY The California Enterprise Development Authority (the "Authority") is a joint powers authority established by the California Association for Local Economic Development ("CALED") whose purpose is to issue tax-exempt and taxable conduit revenue bonds to fund commercial and industrial development projects within member jurisdictions. Federal and state laws provide the ability for cities and counties to join together under cooperative agreements to form joint powers authorities to issue tax-exempt and taxable bonds to fund projects that provide a public benefit and serve the needs of residents within the jurisdictions of the participating members. Cities and counties in California utilize joint powers authorities primarily for economies of scale, to access specialized transaction knowledge and resources, and to avoid using valuable local staff time on these types of transactions. The Authority is a joint powers authority created pursuant to a Joint Powers Agreement, dated as of June 1, 2006 (the "JPA Agreement"), among the cities of Selma, Lancaster and Eureka. There are now approximately 200 cities and counties who are associate members of the Authority. The Authority's activities are dedicated to providing economic development assistance to member jurisdictions as an extension of the economic development assistance provided by CALED to its members. The JPA Agreement permits any other local agency in California to join the Authority as an "Associate Member." The Authority has requested that the City become an Associate Member of the Authority. Associate membership in the Authority will assist the City as well as for -profit and nonprofit organizations located within the City in financing industrial and commercial development projects and other public purpose projects within the City. Associate Members are not restricted or inhibited in any way with respect to their independent ability to finance any project in any manner they deem appropriate, which may or may not involve or include the Authority. Once the City becomes an Associate Member of the Authority, the City will be eligible to participate in the Authority's programs. LINFIELD CHRISTIAN SCHOOL Linfield Christian School, the Borrower, was founded in 1936, by Dr. Mabel Culter as Culter Academy. The Borrower was incorporated as a 501(c)(3) organization in 1971. The school expanded with the opening of Linfield Middle School in 1984 and Linfield Elementary in 1985, and it only continued to grow through the 1990's, enriching its college preparatory curriculum, adding a wide variety of athletic programs, constructing new facilities, and developing new traditions. The school's name was officially changed to Linfield Christian School in 2001 in order to reflect its mission, and with the construction of a state of the art two-story high school building in 2006, the three campuses were set in their current locations. Today Linfield Christian School is home to a thriving community of dedicated teachers, parents, and over 800 students in Transitional -Kindergarten through 12th grade. A rigorous college preparatory curriculum in core subjects and enriching electives well -prepares students for life beyond Linfield. On average, 99% of Linfield's graduates go on to college, and Linfield students' SAT/ACT scores are consistently the highest of any school in the area. The school's athletic teams have won 99 League Championships and 16 CIF Championships since joining the CIF Southern Section in 1980; the Fine Arts program has produced hundreds of theatrical productions, films, concerts, and works of art, and the students are boldly living out their faith by serving in the community and around the world. PROJECT DESCRIPTION The Authority will loan the proceeds of the Obligations to the Borrower for the purpose of (a) financing and refinancing certain outstanding indebtedness of the Borrower incurred to finance and refinance the construction, acquisition, installation, renovation, rehabilitation, and improvement of real property, facilities, equipment, and improvements of the Borrower's educational facilities located at 31950 Pauba Road, Temecula, California 92592 (the "Facilities"), and (b) paying certain costs of issuance in connection with such financing. Refinancing the Facilities will allow the Borrower to achieve significant debt service savings and deploy resources towards providing educational services provided by the Borrower to residents of the City of Temecula and the surrounding communities in accordance with its mission. The issuance of the Obligations as tax-exempt will reduce financing costs and debt service costs for the Borrower. In order to satisfy the requirements for the obligations to be issued as tax-exempt, an applicable elected representative which is also a member of the Authority is required to conduct the hearing required by the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA") and approve the issuance of the tax-exempt obligations in accordance with Section 147(f) of the Code. The City Council of the City constitutes an applicable elected representative under Section 147(f) of the Code. FISCAL IMPACT: There is no financial impact to the City. The Authority will act as issuer and perform all of the necessary legal and administrative responsibilities associated with the financing. The Obligations are special, limited obligations of the Authority payable solely through the repayment of the loans from the Authority which repayment is used to pay the principal of and interest on the Obligations. The Obligations issued by the Authority are not an obligations of the City or any member of the Authority. Neither the faith or credit, nor the taxing power of the City, any member of the Authority, the State or any political subdivision is pledged to the repayment of the Obligations. ATTACHMENTS: 1. Resolution Approving the Joint Powers Agreement 2. Associate Membership Agreement 3. Resolution Approving the Issuance of Obligations RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ASSOCIATE MEMBERSHIP BY THE CITY OF TEMECULA IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY AND THE EXECUTION OF AN ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE CITY IN THE AUTHORITY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Temecula, California (the "City") is a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City, upon authorization of the City Council (the "City Coucil"), may pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, commencing with Section 6500 (the "JPA Law") enter into a joint exercise of powers agreement with one or more other public agencies pursuant to which such contracting parties may jointly exercise any power common to them; and WHEREAS, the Cities of Selma, Lancaster and Eureka have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement"), establishing the California Enterprise Development Authority (the "Authority") and prescribing its purposes and powers; and WHEREAS, in furtherance of the City's economic development efforts, the City desires to become an associate member of the Authority; and WHEREAS, under the JPA Law and the Agreement, the Authority is a public entity separate and apart from the parties to the Agreement and the debts, liabilities and obligations of the Authority will not be the debts, liabilities or obligations of the City or the other members of the Authority; and WHEREAS, the form of associate membership agreement (the "Associate Membership Agreement") between the City and the Authority has been filed with the City, and the members of the City Council, with the aid of the City's staff, have reviewed the Associate Membership Agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Temecula, hereby finds, determines and declares as follows: Section 1. Associate Membership in the Authority. The City Council hereby approves associate membership by the City in the Authority. Section 2. Approval of Associate Membership Agreement. The City Council hereby approves the form of, and authorizes the Mayor, the City Manager or any designee of such officers, to execute the Associate Membership Agreement and authorizes the City Clerk to attest to such signature, in substantially the form on file with the City Clerk, together with any changes therein deemed advisable by the official signing the Associate Membership Agreement. Section 3. Official Action. The Mayor, the City Manger, the City Clerk and other officers and officials of the City, are hereby authorized and directed to take all actions and do all things necessary with respect to associate membership in the Authority including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents which are necessary to effectuate the purposes of this resolution. Section 4. Certification. The City Clerk shall certify to the adoption of this Resolution. Section 5. Effective Date. This Resolution shall take effect upon its adoption by the City Council. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9ffi day of July, 2019. ATTEST: Randi Johl, City Clerk [SEAL] Michael S. Naggar, Mayor 2 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. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9ffi day of July, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CERTIFICATE OF THE CITY CLERK I, Randi Johl, City Clerk of the City of Temecula, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Council of the City of Temecula duly and regularly held in Temecula, California, on July 9, 2019, of which meeting all of the members of said City Council had due notice. I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Temecula hereto this 9th day of July, 2019. Randi Johl, City Clerk 4 ASSOCIATE MEMBERSHIP AGREEMENT by and between the CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY and the CITY OF TEMECULA, CALIFORNIA THIS ASSOCIATE MEMBERSHIP AGREEMENT (this "Associate Membership Agreement"), dated as of July 9, 2019 by and between CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY (the "Authority") and the CITY OF TEMECULA CALIFORNIA, a political subdivision of the State of California (the "City"); WITNESSETH: WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and collectively, the "Members"), have entered into a Joint Powers Agreement, dated as of June 1, 2006 (the "Agreement"), establishing the Authority and prescribing its purposes and powers; and WHEREAS, the Agreement designates the Executive Committee of the Board of Directors and the President of the California Association for Local Economic Development as the initial Board of Directors of the Authority; and WHEREAS, the Authority has been formed for the purpose, among others, to assist for profit and nonprofit corporations and other entities to obtain financing for projects and purposes serving the public interest; and WHEREAS, the Agreement permits any other local agency in the State of California to join the Authority as an associate member (an "Associate Member"); and WHEREAS, the City desires to become an Associate Member of the Authority; and WHEREAS, City Council of the City has adopted a resolution approving the Associate Membership Agreement and the execution and delivery thereof, and WHEREAS, the Board of Directors of the Authority has determined that the City should become an Associate Member of the Authority; NOW, THEREFORE, in consideration of the above premises and of the mutual promises herein contained, the Authority and the City do hereby agree as follows: 4835-6088-8473.2 Section 1. Associate Member Status. The City is hereby made an Associate Member of the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions of which are hereby incorporated herein by reference. From and after the date of execution and delivery of this Associate Membership Agreement by the City and the Authority, the City shall be and remain an Associate Member of the Authority. Section 2. Restrictions and Rights of Associate Members. The City shall not have the right, as an Associate Member of the Authority, to vote on any action taken by the Board of Directors or by the Voting Members of the Authority. Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and bound by the Agreement and the Bylaws; provided, however, that the Authority agrees that the City will not be bound by any amendment to the Bylaws that in any way either increases the City's responsibilities or potential liability under this Agreement or diminishes the City's rights under this Agreement. Section 4. No Obligations of Associate Members. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the City. Section 5. Execution of the Agreement. Execution of this Associate Membership Agreement shall satisfy the requirements of the Agreement and Article XII of the Bylaws of the Authority for participation by the City in all programs and other undertakings of the Authority. 2 4835-6088-8473.2 IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership Agreement to be executed and attested by their proper officers thereunto duly authorized, on the day and year first set forth above. CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY Gurbax Sahota, Chair of the Board of Directors Attest: Helen Schaubmayer, Assistant Secretary CITY OF TEMECULA, CALIFORNIA Michael S. Naggar, Mayor Attest: Randi Johl, City Clerk 4835-6088-8473.2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ISSUANCE BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY OF ITS REVENUE OBLIGATIONS FOR THE BENEFIT OF LINFIELD CHRISTIAN SCHOOL AND/OR A RELATED ENTITY IN AN AGGREGATE AMOUNT NOT TO EXCEED $25,000,000 FOR THE PURPOSE OF FINANCING OR REFINANCING THE COST OF ACQUISITION, DEVELOPMENT, CONSTRUCTION, INSTALLATION, EQUIPPING AND FURNISHING OF CERTAIN FACILITIES, AND OTHER MATTERS RELATING THERETO THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, Linfield Christian School, a nonprofit religious corporation (the "Borrower"), duly organized and existing under the laws of the State of California (the "State"), has requested that the California Enterprise Development Authority (the "Authority") issue, from time to time, pursuant to a plan of finance, its tax-exempt and/or taxable revenue obligations in an aggregate principal amount not to exceed $25,000,000 (the "Obligations") for the benefit of the Borrower, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the "Act") to (a) finance and refinance certain outstanding indebtedness of the Borrower incurred to finance and refinance the construction, acquisition, installation, renovation, rehabilitation, and improvement of real property, facilities, equipment, and improvements of the Borrower's educational facilities located at 31950 Pauba Road, Temecula, California 92592 (the "Facilities"), and (b) pay certain costs of issuance in connection with such financing or refinancing; and WHEREAS, the Borrower is an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code") and will own and operate the Facilities in connection with its mission of providing an independent, college preparatory school that exists to develop and inspire students; and WHEREAS, the issuance of the Obligations must be approved by the governmental unit on behalf of which the Obligations are issued and a governmental unit having jurisdiction over the territorial limits in which the Facilities are located pursuant to the public approval requirement of Section 147(f) of the Code; and WHEREAS, the Facilities are located within the territorial limits of the City of Temecula (the "City"), and the City Council (the "City Council") is the elected legislative body of the City and is the "applicable elected representative" required to approve the issuance of the Obligations under Section 147(f) of the Code; and WHEREAS, the Authority and the Borrower have requested that the City Council approve the issuance of the Obligations and the financing or refinancing of the Facilities with the proceeds of the Obligations solely for purposes of complying with Section 147(f) of the Code; and WHEREAS, a public hearing was held by the City Council on this 9ti' day of July, 2019, at the meeting which commenced at the hour of 7:00 p.m., at the City Council Chambers located at 41000 Main Street, Temecula, California 92590, following duly published notice thereof in a newspaper of general circulation in the City of Temecula, and all persons desiring to be heard have been heard; and WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the City Council of the Facilities for any other purpose, including, but not limited to, compliance with the California Environmental Quality Act (California Public Resources Code, Section 21100, et seq.) ("CEQA"); NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED by the City Council of the City of Temecula, State of California as follows: Section 1. The City Council hereby finds and determines that all of the recitals are true and correct. The City Council, as the "applicable elected representative" of the governmental unit on behalf of which the Obligations will be issued and having jurisdiction over the area in which the Facilities are located, hereby approves the issuance of the Obligations by the Authority, which Obligations may be tax-exempt and/or taxable as approved by the Authority in its resolution, in an amount not to exceed $25,000,000 to finance or refinance the costs of the Facilities. This resolution shall constitute approval of the issuance of the Obligations within the meaning of Section 147(f) of the Code and shall constitute the approval of the issuance of the Obligations within the meaning of the Act; provided, however, that this Resolution shall not constitute an approval by the City Council of the Facilities for any other purposes or land use entitlements for the Facilities, including compliance thereof with the California Environmental Quality Act ("CEQA"), nor does it constitute an approval of the underlying credit or financial structure of the Obligations. The City Council shall not bear any responsibility for the issuance of the Obligations, the tax-exempt status of the Obligations, the repayment of the Obligations or any other matter related to the Obligations. Section 2. All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the issuance of the Obligations are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or bond counsel may deem necessary or advisable in order to consummate the issuance of the Obligations and in accordance with and otherwise to effectuate the purposes of this Resolution. Section 3. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing for the Facilities; (ii) approve any application or FA request for or take any other action in connection with any land use entitlements, permit or other action necessary for the acquisition, rehabilitation or operation of the Facilities; or (iii) make any contribution or advance any funds whatsoever to the Authority. Section 4. This Resolution shall take effect from and after its adoption. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of July, 2019. Michael S. Naggar, 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. was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9t' day of July, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CERTIFICATE OF THE CITY CLERK I, Randi Johl, City Clerk of the City of Temecula, hereby certify that the foregoing is a full, true and correct copy of a resolution duly adopted at the meeting of the City Council of the City of Temecula duly and regularly held in Temecula, California, on July 9, 2019, of which meeting all of the members of said City Council had due notice. I further certify that I have carefully compared the foregoing copy with the original minutes of said meeting on file and of record in my office; that said copy is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes; and that said resolution has not been amended, modified, rescinded or revoked in any manner since the date of its adoption, and the same is now in full force and effect. IN WITNESS WHEREOF, I have executed this certificate and affixed the seal of the City of Temecula hereto this 9th day of July, 2019. Randi Johl, City Clerk M Item No. 16 CITY OF TEMECULA AGENDA REPORT TO: City Council FROM: Greg Butler, Assistant City Manager DATE: July 9, 2019 SUBJECT: City Council Travel/Conference Report PREPARED BY: Luisa Tovar, Executive Assistant RECOMMENDATION: That the City Council receive and file the City Council travel/conference report. On May 18, 2019 through May 31, 2019, Mayor Pro Tern James "Stew" Stewart traveled to Daisen, Japan in a cultural exchange trip in celebration of the 25' Anniversary of the Sister City relationship between Temecula and Daisen-Nakahama in Japan. On May 19, 2019 through May 22, 2019, Council Member Maryann Edwards traveled to Las Vegas, Nevada to attend the International Council of Shopping Centers Annual Conference. ATTACHMENT: Itineraries Sample Flight Itinerary-C Tentative itinerary_ for Sister City Program in May, 2019 INOI DATE I TIME ITRANSPORTATION1 FROM/TO I DESCRIPTION I MEALS JACCOMODATION 7:00am Temecula Head for LAX 1 5/20(Mon) 9:45am Airport/LAX Arrival at LAX/TBIT L:X 12:45 NH-005 San Diego Depart for Tokyo -Narita by NH-005 D:ANA 4:25pm Tokyo/Narita Arrival at Tokyo -Narita (NRT) International airport LIANA *immigration, customer procedures and currency exchange at airport 6:1Opm NH-2173 Tokyo/Narita Depart for Osaka-Itami by NH-2173 2 5/21(Tue) 7:35pm Osaka/Itami Arrival at Osaka-Itami (ITM) airport 8:20pm Airport limousine bus Pick up at Osaka-Itami airport and head for Osaka downtown 9:00pm Osaka-Umeda Arrival at Osaka-Umeda bus station and walk to the hotel 9:05 m Hotel check -in D:X Osaka/Hotel 8:00am Hotel check-out and depart for Osaka Central Bus Station B:X 8:20am Highway express bus Osaka-Umeda Head for Daisen 3 5/22(Wed) 1:00pm Yonago/Daisen Half day activities in Daisen-1 *TBD L:TBD Meet Mayor Mr. Takeguchi, council chairman Mr. Sugitani and Ms. Yoshihara 5:00pm Meet host families and go home D:Host Family Daisen/Home Stay 8:30am Full day activities *TBD B:Host Family 4 5/23(Thu) Community tour in Daisen-2 L:TBD 5:00 m Meet host families at Daisen Town Hall D:Host Family Daisen/Home Stay 8:30am Full day excursion *TBD B:Host Family 5 5/24(Fri) Visit Adachi Museum, Matsue Castle and Horikawa river pleasure boat tour L:TBD 5:30pm Meet host families and go home D:Host Family Daisen/Home Stay All day free with host families for "Family Fun Day" Make some memories!*TBD B:Host Family 6 5/25(Sat) L:Host Family 6:00 m I Friendship P *TBD D:TBD Daisen/Home Stay 8:00am Meet for goodbyes and depart for Yonago B:Host Family 7 5/26(Sun) 9:15am Highway express bus Yonago Head for Osaka-Umeda 1:30pm Osaka-Umeda Hotel check -in and enjoy strolling around under ground passage shop, department L:X stores and Mikimoto pearl store D:X Osaka/Hotel 8:00am Hotel check-out and depart for Osaka Subway Station B:Hotel Subway/Express train Osaka-Umeda Head for Fushimi Inari-taisha in Kyoto 8 5/27(Mon) 10:00a Fushmu/Kyoto Visit Fushimi Mari-taisha *1:30pm:pre-check-in the Hotel L:X 1:30pm Gion/Kyoto Head for Kodaiji-Zen-Temple (Garden) 2:OOpm Visit Kodaiji-Temple, Ninen/Sannen-zaka street for exploring and shopping 6:00 m Kyoto Kuzushi-Kaiseki style Japanese dinner D:K oto-Ja anese Kyoto/Hotel 9:00am Local bus Gion/Kyoto Head for bus station by walk and transfer to Ryoanji Temple B:Hotel 10:30am Visit Ryoanji Temple (The Rock Garden) 12:15pm Local bus Head for Kinkakuji-Temple L:X 9 5/28(Tue) 12:45pm Visit Kinkakuji-Temple (Golden Pavilion) 2:20pm Local bus Head for Kyoto downtown (Shijyokawara-machi) 3:30pm Visit Nishiki-Ichiba food market and Teramachi arcade for exploring and shopping 6:00pm Kyoto style French cuisine dinner D:Kyoto-French Kyoto/Hotel 7:30am Local bus Gion/Kyoto Check-out Hotel and head for bus station by walk and transfer to Sagano station B:Hotel 8:45am Classic tram/Tram Sagano Arrive at Sagano tram station and Depart for Kameoka Valley Scenic Railway 9:20am Local bus Kameoka Depart for Kameoka valley and transfer to Tamba-Kameoka by local bus I 0:00am Riverboat Tamba-Kameoka Enjoy Hozukawa rapid river ride (1.5h) for Arashiyama 10 5/29(Wed) 11:30pm Head for Togetsu-bridge pier, TogetsuTenryuji-Temple, Sagano Bamboo Grove and L:X Exploring free for shopping and lunch 4:00pm Tram/Express train Amshiyama/Omiya Head for Shijyo-Omiya and transfer to Osaka-Umeda station 5:30pm Osaka-Umeda Arrival at Osaka-Umeda station and walk to the hotel 5:45 m Hotel check -in D:X Osaka/Hotel 7:30am Subway/Express train Osaka-Umeda Full day excursion in Nara by subway and limited express train B:Hotel 9:20am Nara Arrive at Nara station and walk to Nara park *Nara is the first ancient capital of Japan 9:50am Visit Shika-Koen (Nara deer park), Nandaimon gate, Todaiji temple (The biggest Buddha in the world) *World heritage site, Nigetsudo Hall and free for shopping at at souvenir shop 11 5/30(Thu) Visit Kofirkuji temple (five -story pagoda), Japanese antique kimono shop, free for 1:1Opm shopping and lunch L:X 3:00pm Express train/Subway Head for Osaka-Umeda station by limited express train and subway 4:30pm Osaka-Umeda Arrive at the hotel and rest *If you hope, we will take you for strolling around underground passage shops (book store, anime store, cosplay store and toy store) 6:00pm Head for dinner at Yakitori stick BBQ restaurant D:X Osaka/Hotel I 1:00am Osaka-Umeda Hotel check-out and walk to airport limousine bus station B:Hotel 11:30am Airport limousine bus Head for Osaka-Itami airport 12:00p Osaka/Itami Arrival at Osaka-Itami (ITM) airport L:X 12 5/31(Fri) 2:10pm NH-2178 Depart for Tokyo -Narita by NH-2178 3:30pm Tokyo/Narita Arrival at Tokyo -Narita (NRT) International airport 5:05pm NH-006 Depart for LAX by NH-006 D:ANA I 1:00ai4 ILAX I Arrival at LAX/TBIT B:ANA Note Tentative Itinerary is subject to change without notice. The schedule during stay in Daisen -is to be determined. The time schedule (JR train, limited express train and bus) will be changed from April 1st. 2019 Program cost/5up : RECon Schedule Sunday May 19, 2019 8:000M - 5:00Pm Registration LVCC - N3, South Hall/Westgate Hotel - Pavilion 7 8:30am-10:15am ICSC Global Delegates Networking Breakfast and Leadership Summit (By Invitation Only) Retail in the Age of Experience: The Evolving Role of the Store Experience -focused retail is just... 9:00am-10:30am Making Deals in the Age of Change Westgate Hotel - Ballroom D-G I THE BIG PICTURE AT WESTGATE join this session to gain insight on what it takes to get a deal done in Today's ever -changing market. We will review pr... 9:00am-10:30am The Recipe: Crafting Restaurant Deals Pavillion 1-2 - WESTGATE HOTEL Today's retail real estate industry requires property managers, leasing agents and asset managers to understand the fund... 9:00am-10:30am Transforming Challenges into Opportunities: Redevelopment at Your Center Pavilion 3-4 - WESTGATE HOTEL During the lifespan of every shopping center, there will come a time when it must be renovated, expanded, reconfigured a... 9:00am-10:30am Convenience is Key: Last Mile Delivery and Its Effect on Retail Real Estate Pavilion 9-10 - WESTGATE HOTEL With consumers' continued demand for convenience and rapid delivery, fast and inexpensive delivery is becoming a necessi... 9:00am-10:30am CRRP Test Prep Masterclass: Principles of Project Development Pavilion 6 - WESTGATE HOTEL Get an overview of ICSC's new CRRP Professional Certification Exam and learn about strategic planning during the predeve... 9:15am-12:00pm ICSC & Cornell International Retail Real Estate Case Competition 2019: Preliminary Presentation Round Latour Ballroom - WYNN HOTEL In collaboration with Professor Dan Quan and his team at Cornell University's Center for Real Estate and Finance, the co... 10:15am-11:30am Leadership Brunch with Trustees' Distinguished Service Awards Margaux Ballroom - WYNN HOTEL (By Invitation Only) 11:00am-12:15pm Lease Workouts: Negotiating Rent Reductions, Concessions and Other Workouts Pavilion 3-4 - WESTGATE HOTEL It is an inevitable truth that landlords will have to grant concessions or workouts at one time or another for tenants g... 11:00am-12:15pm Nine Creative Ways to Lease Your Vacancies Faster Pavilion 9-10 - WESTGATE HOTEL Discover nine creative ways to lease space faster. With these tried-and-true, yet unique, measures to find new prospects... 11:00am-12:15pm CRRP Test Prep Masterclass: Marketing and Market Research Pavilion 6 - WESTGATE HOTEL Learn about the fundamentals of marketing, market research terminology and approaches. This content is directly related... 11:00am - 12:15pm Investing in Retail Properties and Structuring Partnerships Ballroom D-G - WESTGATE HOTEL A real estate limited liability company (LLC) can be a great source of equity for your deals, but structuring them can b... 11:00am - 12:15pm Your Social Media Strategy in the Era of Content Pavilion 1-2 - WESTGATE HOTEL Find out how these retail real estate brand builder experts have used social media to build their organization's brand,... 1:00pm - 2:00pm Opening Keynote Presentation Paradise Event Center - WESTGATE HOTEL Keynote Speaker Tony Romo Lead NFL Game Analyst, CBS Sports Former Quarterback, Dallas Cowboys 2:00pm - 2:30pm RECon First -Timers, New Members and Students Orientation and Exhibit Floor Walking Tour LVCC - Grand Lobby - Innovation Exchange Whether you're a new ICSC member or it's your first time at RECon, learn to make the most of your experience with ICSC T... 2:15pm - 3:45pm The Numbers Behind the Deal Pavilion 3-4 - WESTGATE HOTEL One of the foremost challenges for leasing professionals is understanding the long-term financial impact of their leasin... 2:15pm - 3:45pm The PropTech Evolution Pavilion 9-10 - WESTGATE HOTEL The PropTech industry is experiencing exponential growth. These new startups are shifting how CRE professionals design,... 2:15pm - 3:45pm Make Them an Offer They Can't Refuse: Effective Negotiation Techniques Ballroom D-G - WESTGATE HOTEL Negotiating is as much an art form as a science. Successful negotiators have a palette of styles and approaches and are... 2:15pm - 3:45pm How Experiential Retail is Revolutionizing Center Formats, Tenant Mixes and Leasing Structures Pavilion 1-2 - WESTGATE HOTEL Join us as we address how retail centers are achieving long-term value and increased NOI through the incorporation of ex... 2:15pm - 3:45pm CRRP Test Prep Masterclass: Property Management and Operations Pavilion 6 - WESTGATE HOTEL Learn the important aspects of managing and operating a property, including aspects necessary for daily and long-term ma... 3:00pm - 3:30pm RECon First -Timers, New Members and Students Orientation and Exhibit Floor Walking Tour LVCC - Grand Lobby - Innovation Exchange Whether you're a new ICSC member or it's your first time at RECon, learn to make the most of your experience with ICSC T... 4:00pm - 5:00pm Talent Development Leaders Networking Reception Montrachet 2 - WYNN HOTEL (By Invitation Only) Kick-off RECon with a complimentary reception and a unique opportunity to network with like-minded... 4:15pm - 5:30pm How You Draft Your Lease Can Make You Money Ballrooms D-G - WESTGATE HOTEL Ideal for landlords and tenants, this workshop delivers strategies and tactics for negotiating and drafting lease provis... 4:15pm - 5:30pm Tenant Representation 101 Pavilion 1-2 - WESTGATE HOTEL Tenants rely on their tenant representation brokers to understand and effectively explain the importance of where demogr... 4:15pm - 5:30pm CRRP Test Prep Masterclass: Asset Management Fundamentals for Success Pavilion 6 - WESTGATE HOTEL Learn about various aspects of asset management, including principles of value creation, elements of financial statement... 4:15pm - 5:30pm Profit Potential: Lean Operation Strategies Pavilion 3-4 - WESTGATE HOTEL Discover creative strategies to increase NO[, maximize profits and decrease expenses. INSTRUCTOR Melissa M. Moran, CCIM... 5:00pm - 6:30pm ICSC Foundation Reception: The Talent of Tomorrow Chairman's Salon - WYNN HOTEL (By Invitation Only) Meet students who will define the future of our industry. An invitation - only event introducing in... 5:30pm - 7:00pm ICSC Global Awards Ceremony Margaux Ballroom - WYNN HOTEL Featuring the Awards for MAXI, VIVA, Visual Victories, Researcher, Next Generation 4 Under 40 and Albert Sussman Interna... 7:30pm - 9:30pm Opening Reception at XS Nightclub at Encore XS Nightclub - ENCORE HOTEL Deals and networking don'tjust happen on the show floor, they happen after hours as well. Be sure to stop by this year'... RECon Schedule Monday May 20, 2019 7:00am - 5:00pm Registration LVCC - N3, South Hall/Westgate Hotel - Pavilion 7 7:15am - 8:15am Retailer -Only Roundtable Breakfast LVCC - N246 Join your retail peers for a light breakfast and roundtable discussions around trends impacting retail tenants. Please... 8:000m - 5:00pm Leasing Mall/Marketplace Mall LVCC 8:000m - 9:000m Talent Development Leaders Forum TALENT DEVELOPMENT PAVILION - NORTH HALL (By Invitation Only) Join ICSC and other senior talent development professionals for a reception and roundtable discussi... 8:000m-10:00am Specialty Retail Breakfast LVCC - Specialty Retail, N1 Enjoy breakfast in our new Specialty Retail destination in the North Hall. Sponsored by Apple Photo, Inc. 9:00am - 9:45am The Coworking Craze Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE Coworking space is expected to grow by 25 percent per year at retail properties through 2023 and it's no longerjust for... 9:000m - 10:000m Speed Networking Breakfast TALENT DEVELOPMENT PAVILION - NORTH HALL join more than a dozen members of ICSC's elite Ambassador Program for three 20-minute mentoring conversations over break... 9:30am-10:00am Meet the Brands: Spaceus & Brella RETAIL IN FOCUS - NORTH HALL In these back-to-back 30 minute sessions, hear from the leaders of digitally native brands who have made the successful... 9:30am-10:00am Ask'Em Anything: Investing in Retail Real Estate INNOVATION EXCHANGE - GRAND LOBBY Retail real estate is on track to change more in the next five years than it has in the last 50. In this AMA -style sessi... 10:00am - 10:30am Pop -Up Master Class RETAIL IN FOCUS - NORTH HALL From design elements that drive conversion, to finding emerging brands ready to experiment with physical spaces, to bran... 10:OOam - 10:45am How Retailers are Using Al to Win Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE Retailer spending on Al is projected to grow from $2 billion last year to $7.3 billion by 2022. What tools are they inve... 10:OOam - 10:45am Developing Your Personal Social Media Strategy TALENT DEVELOPMENT PAVILION - NORTH HALL Find out tips and tricks to create your own brand using Linkedln, Facebook, Instagram and other social media platforms.... 10:OOam - 10:30am Where We Buy: Live Podcast Taping - Batch INTERVIEWER James Cook Host of "Where We Buy: Retail Real Estate' PodcastAmericas Director of Research, Retail JLL Indi... 10:30am-11:OOam The Doctor is In HEALTH & WELLNESS CENTER - CENTRAL HALL Urgent care clinics' real estate strategy. MODERATOR David Wirth Director, Retail Services Cushman Et Wakefield St. Lo... 10:30am-11:OOam Where We Buy: Live Podcast Taping - Spaceus INTERVIEWER James Cook Host of "Where We Buy: Retail Real Estate" Podcast Americas Director of Research, Retail JLL Indi... 11:OOam-11:30am Meet the Brands: Batch RETAIL IN FOCUS - NORTH HALL In these back-to-back 30 minute sessions, hear from the leaders of digitally native brands who have made the successful... 11:OOam - 11:45am The Repurposed, Revitalized and Redeveloped Shopping Center Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE Shifting consumer buying patterns are creating new opportunities for shopping centers. A look at specific examples of ho... 11:OOam - 11:45am Utilizing Recruiters in Your Job Search TALENT DEVELOPMENT PAVILION - NORTH HALL In this extremely tight labor market, working with a recruiter can be a valuable tool. Walk away with a road map for wor... 11:15am-11:30am Know Your Rights: When Augmented Reality Comes for Your Property INNOVATION EXCHANGE - GRAND LOBBY Remember the craze around Pokemon Go, and all the trespassing, injury and I theft that came along with it? Turns out th... 11:30am-12:OOpm Take Charge: EVs at Shopping Centers INNOVATION EXCHANGE - GRAND LOBBY EVs are coming to the market faster than most people realize. Learn how transformative electric cars will be for shoppin... 11:30am-12:OOpm A Case Study: Walgreens HEALTH & WELLNESS CENTER - CENTRAL HALL The evolution of retail health & beauty - updating the Corner of Happy & Healthy. SPEAKER Joe Brady, III Divisional Vic... 12:30pm - 2:OOpm Lunch and Keynote Presentation THE BIG PICTURE AT WESTGATE The 3 P's of Business: People, Process and Product Marcus Lemonis Host, CNBC's The Profit CEO, Camping World... 2:OOpm - 2:45pm Opportunities in Opportunity Zones Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE More than $100 billion could be invested in 8,700 zones across the United States thanks to the new tax law. Public offic... 2:OOpm - 4:OOpm ICSC & Cornell International Retail Real Estate Case Competition 2019: Final Presentation Round TALENT DEVELOPMENT PAVILION - NORTH HALL Cheer on teams from top university real estate programs in the final round of competition as they make investment recomm... 2:OOpm - 2:30pm Conquering the Last Mile INNOVATION EXCHANGE - GRAND LOBBY Whether shopping in-store for groceries or online for sneakers, consumers have come to expect an on -demand delivery opti... 2:30pm - 3:OOpm Cannabis Retail Revolution: It's Closer Than You Think HEALTH & WELLNESS CENTER - CENTRAL HALL Everything you need to know about the industry which could reach $22 billion by 2022. MODERATOR Daniel M. Taub Founder,... 2:30pm - 3:OOpm CRE: Disrupted! INNOVATION EXCHANGE - GRAND LOBBY Innovative leaders building products and services to disrupt the CRE industry will have five minutes each to present the... 3:OOpm - 3:30pm Meet the Brands: Foxtrot & Neighborhood Goods with Fifth Wall RETAIL IN FOCUS - NORTH HALL In these back-to-back 30 minute sessions, hear from the leaders of digitally native brands who have made the successful... 3:OOpm - 3:45pm Here Comes Health Care Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE MODERATOR Larry Kilduff, CRX, CDP, CSM Executive Vice President, Retail Development and Investment Sales JLL Saukville,... 3:OOpm - 3:30pm Where We Buy: Live Podcast Taping — Meow Wolf INTERVIEWER James Cook Host of "Where We Buy: Retail Real Estate' PodcastAmericas Director of Research, Retail JLL Indi... 3:30pm - 4:OOpm What Healthcare Can Learn from Retail HEALTH & WELLNESS CENTER - CENTRAL HALL Lessons in location, convenience, cost efficiency, branding and experiences. SPEAKERS Dan Stanek Executive Vice Preside... 3:30pm - 4:OOpm Creating Unique Experiences RETAIL IN FOCUS - NORTH HALL What are the key elements of branded experiences that build relevancy, emotional engagement, your consumer base and reve... 3:30pm - 4:OOpm Where We Buy: Live Podcast Taping — Fair Harbor INTERVIEWER James Cook Host of "Where We Buy: Retail Real Estate" Podcast Americas Director of Research, Retail JLL Indi... 4:OOpm ICSC Retail in Focus Happy Hour RETAIL IN FOCUS - NORTH HALL join us for beer, wine and craft cocktails, as we bring the Bar Politan experience to the RECon show floor. Enjoy a drin... 4:OOpm - 4:30pm Meet the Brands: Drybar with Telsey Advisory Group RETAIL IN FOCUS - NORTH HALL In these back-to-back 30 minute sessions, hear from the leaders of digitally native brands who have made the successful... 4:15pm - 4:30pm Annual Meeting of Members LVCC - N250 4:45pm - 5:OOpm ICSC Foundation Annual Meeting of Members LVCC - N250 5:30pm - 7:OOpm Diversity Reception Margaux Ballroom - WYNN HOTEL join ICSC's Partners in Diversity @ Inclusion as we celebrate diversity and connect with companies committed to greater... 6:30pm - 7:30pm ICSC Foundation Student Engagement Networking Reception Montrachet - WYNN HOTEL Network with titans in the industry who are dedicated to student success, talent and diversity with their support of ICS... 7:OOpm - 9:OOpm Latin America is Caribbean Reception Lafleur - WYNN HOTEL (By Invitation Only) RECon Schedule Tuesday May 21, 2019 7:OOam - 5:OOpm Registration LVCC - N3, South Hall 7:30am - B:OOam ICSC Foundation Mentor Debrief TALENT DEVELOPMENT PAVILION - NORTH HALL (By Invitation Only) B:OOam - 5:OOpm Leasing Mall/Marketplace Mall LVCC B:OOam - 9:OOpm ICSC Foundation Scholarship Recipient Breakfast TALENT DEVELOPMENT PAVILION - NORTH HALL (By Invitation Only) For ICSC Foundation scholarship recipients and invited guests, this breakfast provides an opportun... 9:OOam - 9:45am The Future of Food Halls Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE The number of food halls in the U.S. is expected to double by the end of this year. A look at new trends, designs and I... 9:OOam - 9:45am How to Succeed in a Competitive Business Environment TALENT DEVELOPMENT PAVILION - NORTH HALL Top industry mentors share their best practices for success. Hosted by the ICSC Foundation. MODERATOR Jim Wittman, CRRP... 9:OOam - 9:30am A Case Study: Meow Wolf and AREA15 RETAIL IN FOCUS - NORTH HALL An established disruptive player who has remained at the forefront of creative, immersive art experiences gets ready to... 9:OOam - 9:30am Where We Buy: Live Podcast Taping — Kitchen United INTERVIEWER James Cook Host of "Where We Buy: Retail Real Estate' Podcast Americas Director of Research, Retail JLL Indi... 9:30am-11:OOam Meet the Brands: Wallplay with Taubman, Kitchen United, Fourpost Et Fair Harbor with CBRE RETAIL IN FOCUS - NORTH HALL In these back-to-back 30 minute sessions, hear from the leaders of digitally native brands who have made the successful... 9:30am-11:OOam Beyond the Strip: Las Vegas Student Retail Bus Tour (Pre -Registration is Required) Attendees depart via bus tour outside Grand Lobby in LVCC to visit City Hall and three d... 9:30am-10:OOam Where We Buy: Live Podcast Taping - Foxtrot INTERVIEWER James Cook Host of "Where We Buy: Retail Real Estate" Podcast Americas Director of Research, Retail JLL Indi... 10:00am - 10:45am The Omni -Channel Evolution Westgate Hotel - Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE How initiatives from click -and -collect to instant checkout are leading the way towards a frictionless shopping experienc... 10:00am - 10:45am Women in Leadership: Skills and Qualities that Move You Forward TALENT DEVELOPMENT PAVILION - NORTH HALL Join us for a discussion about the qualities you need to embrace to advance your career. Applying CREW Network research,... 10:00am - 10:30am The Future of Smart Cities INNOVATION EXCHANGE - GRAND LOBBY Leaders in mobility tech, the built world, co -living and retail come together to envision the downtown of the future, an... 10:30am-11:00am A Case Study: Northwestern Memorial Hospital HEALTH & WELLNESS CENTER - CENTRAL HALL How to add mixed -use to a healthcare facility. SPEAKER Gina Weldy Senior Vice President, Administration Northwestern Me... 10:30am-11:00am Entering New Realms: VR and the "Endless Aisle" INNOVATION EXCHANGE - GRAND LOBBY Innovators at the forefront of alternate reality technologies will discuss their impact on the retail sector, from drivi... 11:00am - 11:30am Truckin' RETAIL IN FOCUS - NORTH HALL Food trucks and beyond: get the basics of successful operation plus insight into new mobile food trends like indoor food... 11:00am - 11:45am When Hard Work Isn't Enough TALENT DEVELOPMENT PAVILION - NORTH HALL If you're part of an underrepresented group — whether it be gender, race, ethnicity or sexual identity — hard work may n... 11:00am-11:45am Capital Markets: The Future of Money Westgate Hotel - Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE What attracts retail real estate lenders to a project and when, and to whom, are they willing to commit money? MODERATO... 11:00am-11:30am The New Intersection of Beauty, Wellness & Retail HEALTH & WELLNESS CENTER - CENTRAL HALL Alchemy 43 & Candid are making beauty, health and wellness services more mainstream - and improving the retail experienc... 11:30am-12:00pm Meet the Brands: Self Employed RETAIL IN FOCUS - NORTH HALL In these back-to-back 30 minute sessions, hear from the leaders of digitally native brands who have made the successful... 11:30am-12:00pm Emerging Brands in Healthcare Delivery - A Retail Approach HEALTH & WELLNESS CENTER - CENTRAL HALL Healthcare business models are maturing by adopting principles learned from retailers. MODERATOR Paul Heiserman Associa... 12:30pm - 2:00pm Lunch and Keynote Presentation: How WeWork is Using Physical Spaces to Build Communities Westgate Hotel - Paradise Event Center I THE BIG PICTURE AT WESTGATE KEYNOTE SPEAKER Julie Rice Partner WeWork New York, NY 2:00pm - 2:45pm Where The Jobs Are, Where They Will Be, and How To Get Them TALENT DEVELOPMENT PAVILION - NORTH HALL Leading recruiting professionals share their insights on how to navigate today's job market. MODERATOR Keith Rummer, JD... 2:00pm - 3:00pm Here Comes Health Care The Big Picture at Westgate 2:00pm - 2:45pm The Self -Driving Revolution Westgate Hotel - Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE What are the implications of the expected eight million autonomous vehicles on the road in 2025 for our cities, and subu... 2:00pm - 2:30pm Headsets On: VR Entertainment is Here INNOVATION EXCHANGE - GRAND LOBBY Location -based VR entertainment is on the rise. Meet some of the minds behind these immersive arcades and experiences, I... 2:30pm - 3:00pm A Case Study: Kaiser Permanente HEALTH & WELLNESS CENTER - CENTRAL HALL Real estate strategies from the nation's leading not for profit health system. MODERATOR Chad Pinnell Managing Direct... 2:30pm - 3:00pm Understanding the Data Driving Retail Real Estate INNOVATION EXCHANGE - GRAND LOBBY With new technology comes new data — lots of it. In this conversation, CREtech leaders will discuss the data you should... 3:00pm - 3:45pm That's Entertainment! Westgate Hotel - Pavilion 1-2 1 THE BIG PICTURE AT WESTGATE New concept movie theaters, eater-tainment restaurants and recreation facilities are increasingly moving into reposition... 3:00pm - 3:45pm What We Learned Along the Way to the C-Suite TALENT DEVELOPMENT PAVILION - NORTH HALL Executives share lessons and strategies they have learned throughout their career. MODERATOR Shane C. Garrison Presiden... 3:00pm - 3:30pm Where We Buy: Live Podcast Taping — Thanx Et Westfield INTERVIEWER James Cook Host of "Where We Buy: Retail Real Estate' Podcast Americas Director of Research, Retail JLL Indi... 3:30pm - 4:00pm Where We Buy: Live Podcast Taping — Coresight Research INTERVIEWER James Cook Host of "Where We Buy: Retail Real Estate" Podcast Americas Director of Research, Retail JLL Indi... 4:00pm - 4:45pm Re -Charging and Re -Invigorating Your Career TALENT DEVELOPMENT PAVILION - NORTH HALL Whether you're contemplating a career change or transition, find out how to make new connections and re -charge your care... RECon Schedule Wednesday May 22, 2019 7:00am - 2:00pm Registration LVCC - N3 8:00am - 2:00pm Leasing Mall/Marketplace Mall LVCC REQUESTS TO SPEAK AND DOCUMENTS SUBMITTED FOR :THE RECORD REQUEST TO SPEAK CITY OF TEMECULA 1989 Date: r I wish to speak on: '/ Public Comment Circle One: CITY COUNCIL/ CSD /SARDA/THA/TPFA r Subject: 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: 7� �1 IG r' v '%'\ Phone Number: - ��� Address: Email address: (;% ( If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA 1989 Date: 0//, _ I wish to speak on: Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/T FA Subject: OLP VV/) c7-- -*/e' ,___ JO C /sP - `9ei Agenda Item No. For 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 the record. _ Name: ('// 7/ Phone Number: Address: / ^� Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. °`TF""fC., REQUEST TO SPEAK L 4 ,, CITY OF TEMECULA ivxv� Date: -7 - 0 - I 9 I wish to speak on: Fl Public Comment Circle One: CITY COUNCIL/CSD /SARDA/THA/TPFA 1 Subject: - \�11 z c4 J 12._e 4 if Agenda Item No. For Against NI 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: ! f , � D-e 1 G f ( ` Address: -) ( -re /ti. Q t .-,44 CA Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK 7' ,` CITY OF TEMECULA 19N9 Date: 11( F 11 I wish to speak on: fA Public Circle One: CITY COUNCIL/ CSD/SA ARDA/THA/TPFA Subject: v V\� Ol/A - �ft C-A `+ 1 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: J oorA C `� � Phone Number: Address: -� (_ - ^ Email address: �)( If you are representing an organization or group, please give the name: 1)'1(Ch€, eS P I a C-e.-. Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. ,,,,441, , ,,„, REQUEST TO SPEAK CITY OF TEMECULA ' it:- .,3 ( Date: Pi/ 9 I wish to speak on: Public Comment Circle One: CITY COUNCIL/ CSD / SARDA/THA/TPFA Subject: j-./ eV 1r.CL-r) —d g FA i Agenda Item No. / For g ' 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 recor Name: C OM 5 hes.1.--1-11\('Cs j-) Phone Number: Address: / ��/ (I Ra) i Email address: If you are representing an organization or group, please give the name: L. r Iv P(,‘I )f) ( -( 4 5`-i-JA 9J 5c,N Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. �, REQUEST TO SPEAK ift ,c• CITY OF TEMECULA 199 7 _ Date: I wish to speak on: ;;. 6_, • Public Comment Circle One: CITY COUNCIL/ CSD /SARDA/THA/TPFA Subject: Agenda Item No. i L For Against !4 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. Address: � /- dQ ?a6r) Email address: If you are represgnti �n o nizatjon or group, please vve the name: n -�i t c-CY-7 all S Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. "' REQUEST TO SPEAK 4000- ., CITY OF TEMECULA 19tiy Date: I q(lq I wish to speak on: n Public Comment Circle One: CITY COUNCIL/ CSD /SARDA/THA/TPFA Subject: Agenda Item No. " For 1X1 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. I /, � / Address: 144v'-t.CAl(C‘ 2 `t Email address: If you are representing an organization or group, please give the name: 1---1l1T1 ChriC-h` ' L . L Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. 9 ifs,: toievt, ,... GIFTED tof OOPS , SUMMER BASKETBALL CAMP fri ,_ qt-tliteto- - Lj 6- 4 i/10— Wi— GREAT OAK HS GYM 132555 DEER HOLLOW WAY, TEMECULA CA 1111 July 29 — July 31, 2019 411111111110 3:45pm Registration & Check-In 4:00pm - 6:00pm Instruction Ages 10 - 21 °C-C-vi\c-1 \ Campers will recieve a camp t-shirt O` V (sizes limited based on pre-registration) 4 and should bring water and wearCc sneakers each day. • 1 • : •, . r a. •. • •• •• • • - SP — ' -.-a-.''' -"6044:t.. •• • )) W lfp ck r �, • • TIME`TB?L STILL hli0TOGRANiY • • Players will learn to develop skills, technique, - 1 ;,,,rs5-,y7;-i7,�..c, -, and teamwork! • Instruction led by GOHS Girl's Head Varsity ridC )Coach, Sadiki Ellis RUK• Professional pictures of the athletes in action • AND free tickets to a LA Sparks game with a • special "MVP" experience! • • Contact the camp coordinator, Taylor Pagel, to register: gip TaylorMPagel@gmail.com