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AGENDA
TEMECULA CITY COUNCIL .
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS. PARK DRIVE
JUNE 22, 2010 — 7:00 PM
At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can
be considered and acted upon prior to 10:00. P.M. and may continue all other items on which
additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M.
6 00 'PM Closed �'Sesstom of the :City Council /Temecula Redevelopment YAgency
pursuant to G'overnmerit Code Section ww
1) Conference with:`City Attorney;_pursuant to Government Code,Sectiont.54956 ?9(15)
with respect 40 one matter of potential litigation. ,VVitk•e6s6e6i to•such maifte�;ith6';
City Aftorney::has determined' that,a;poinf has been reached where there'iis >a
significant exposure to,litigation' involving the City and 711'11
on existingrfacts =and circumstainces Wfth.,respect to such matter, thei iiy Coun 'ill
will also meet pursuant to Government Code Se6tiow54956t9(c) /to decide +wh`ether
tamitiate litigation 4 .i "tii r
r; t r
Public Information concern[ng:existirig litigation• between the City and various parties..
may'be;acquirei] by reviewing . the public documents.hei&by the CityClerk:
CALL TO ORDER:
Prelude Music:
Invocation:
Flag Salute:
Mayor Jeff Comerchero
To be announced
Pastor Bill Cate of Trinity Lutheran Church
Council Member Roberts
Next in Order:
Ordinance: 10 -12
Resolution: 10 -49
ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero
PRESENTATIONS /PROCLAMATIONS
Regional Conservation Authority Presentation
Santa Margarita Ecological Reserve Presentation by Dr. Matt Rahn
1
PUBLIC_ COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on an
item which is listed on the Consent Calendar or a matter not listed on the agenda, a pink
"Request to Speak ".form should be filled out and filed with the City Clerk. When you are
called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is a
five minute (5) time limit for individual speakers.
CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at
this time. A total, not to exceed, ten (10) minutes will be devoted to these reports.
CONSENT CALENDAR
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
• of the City Council request specific items be removed from the Consent Calendar for
separate action.
1 Standard Ordinance and Resolution Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2 Action Minutes
RECOMMENDATION:
2.1 Approve the action minutes of June 8, 2010.
3 List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 10-
• A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
7
Agreement for Law Enforcement Services .with the County of Riverside
RECOMMENDATION:'
4.1 Authorize approval of the law enforcement agreement with the County of
Riverside for a term of five years and authorize the Mayor to execute the
agreement in final form.
5 Multiple Species Habitat Conservation Plan Fee Schedule for Fiscal Year 2010/11
(LR10 -0013)
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING THE APPLICABLE MULTIPLE SPECIES HABITAT
CONSERVATION MITIGATION FEES SCHEDULE FOR THE FISCAL YEAR
2010111 TO MAINTAIN FEE RATES AT FISCAL YEAR 2009110 LEVELS
(LR10 -0013)
6 Western Riverside Energy Leadership Partnership
• RECOMMENDATION:
6.1 Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
SUPPORTING, ENDORSING, AND PARTICIPATING WITH SOUTHERN
CALIFORNIA EDISON, WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS AND ITS PARTICIPATING MEMBER CITIES IN AN
ENERGY LEADERSHIP PARTNERSHIP TO BE KNOWN AS "THE WESTERN
RIVERSIDE ENERGY LEADERSHIP PARTNERSHIP" (LR10 -0012)
7 Agreement for Landscape Plan Check and Inspection Services for Fiscal Year 2010/11
RECOMMENDATION:
7.1 Approve an Agreement with Blanca Y. Price to perform Landscape Plan Check
and Inspection Services for Fiscal Year 2010/11 in the amount of $65,000.
8 Agreements for Plan Review Services for Fiscal Year 2010/11
RECOMMENDATION:
• 8.1 Approve an agreement for Plan Review Services with Bureau Veritas in the
amount of $41,667;
• 8.2 Approve an agreement for Plan Review Services with Esgil Corporation in the
_ _._._._ .. .... . ..... ... ..amount of $41,667 .
8.3 Approve ah agreemeht:for Plan-Review Services with Tom Haney in the amount
of $41,666.
9 Authorize Temporary Street Closure for the Street Painting Festival in Old Town (Main
Street between Old Town Front Street and Mercedes Street)
RECOMMENDATION:
9.1 Receive and file the following proposed action by the City Manager: .
Temporarily close Main Street between Old Town Front Street and Mercedes for
the:
'2010 OLD TOWN TEMECULA STREET PAINTING FESTIVAL'
10 Authorize Temporary Street Closure of Old Town Front Street between Moreno Road
(S) and 1st Street; Main Street from the East Edge of the Children's Museum Driveway
to Mercedes Street; Moreno Road; 2nd Street; 3rd Street; 4th Street: 5th Street; 6th
Street; and Mercedes Street between Moreno Road and 2nd Street for the "2010 Star
Spangled 4th of July Parade"
• RECOMMENDATION:
10.1 Receive and file the following proposed action by the City Manager:
Temporarily close Old Town Front Street and other related streets for the:
'2010 STAR SPANGLED 4TH OF JULY PARADE'
11 Authorize Temporary Street Closures of certain portions of Margarita Road, Pauba
Road and abutting streets for the "July 4th, 2010 Fireworks Show"
RECOMMENDATION:
11.1 Receive and file the following proposed action by the City Manager:
Temporarily close certain portions of Margarita Road, Pauba Road and abutting
streets for the:
'JULY 4th 2010 FIREWORKS SHOW'
12 Purchase and Installation Agreement for Installation of Video Management Equipment in
the Traffic Operations Center, being constructed within the Old Town Civic Center —
Proiect No PW06 -07
RECOMMENDATION:
• 12.1 Approve the Purchase and Installation Agreement with Crosstown Electrical &
Data, Inc., in the amount of $123,775;
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• 12.2 Authorize the City Manager to approve change orders not.to exceed the
contingency amount of $12;377 which is equal to 10% of the contract amount.
13 Award a Construction Contract for the Citywide Concrete Repairs Project, Fiscal Year
- 9r1n9 /1n- PrniarfNn- PW10 =0 9- - - - --
RECOMMENDATION: -
13.1 Award a construction contract for Project No. PW10 -02, Citywide Concrete
Repairs - Fiscal Year 2009/10, to Mamco, Inc. in the amount of $170,170.70;
13.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $ 42,542.68, which is equal to 25% of the contract
amount.
14 Award a Construction Contract for Road and Storm Drain Repair at Rancho California
Road - Project No. PW09 -08
RECOMMENDATION:
14.1 Award a construction contract for Project No. PW09 -08, Road and Storm Drain
Repair at Rancho California Road, to ATOM Engineering Construction in the
amount of $45,359;
• 14.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $9,071.80 which is equal to 20% of the contract amount;
14.3 Authorize the transfer of Proposition 1 B funds from the Road and Strom Drain
Repair at Rancho California Road project in the amount of $60,347 into the Road
Reconstruction at Jedediah Smith Road project account in order to fund
anticipated administration and construction engineering costs;
14.4 Make a finding that the Road and Storm Drain Repair at Rancho California Road
project is exempt from Multiple Species Habitat Conservation Plan (MSHCP)
fees.
15 Annual Purchase Agreement for Fiscal Year 2010/11 for the Purchase of Asphalt
Products
RECOMMENDATION:
15.1 Approve the purchase agreement for Fiscal Year 2010111 with CalMat (dba
Vulcan Materials Company) in the amount of $100,000.
16 Annual Purchase Agreement for Citywide Street Name Signs, for Fiscal Year 2010/11
RECOMMENDATION:
16.1 Approve an annual agreement with Main Street Signs in the amount of $75,000
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for Fiscal Year 2010/11.
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• 17 Approval of Purchase and Sale Agreement for acquisition in fee of the real property.
commonly known as 41375 McCabe Court, Temecula, and identified as Riverside
County Assessor's Parcel Number 910 - 262 =008 in connection with the City's proposed
French Valley Parkway /Interstate -15 Over - Crossinq and Interchange Protect = Protect
Nos: PW02 -11 and PW07 -04
RECOMMENDATION: - -- -
17.1 Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THAT CERTAIN AGREEMENT ENTITLED PURCHASE AND
SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BETWEEN THE
CITY OF TEMECULA AND BASICS ETC. CORPORATION IN CONNECTION
WITH THE FRENCH VALLEY PARKWAY /INTERSTATE -15 OVER - CROSSING
AND INTERCHANGE IMPROVEMENTS PROJECT - PROJECT NUMBERS
PW02 -11 AND PW07 -04
17.2 Authorize the Finance Director to issue a warrant for the sum of $2,335,000 plus
escrow fees for deposit with the Escrow Holder First American Title Insurance to
complete the transaction. Escrow fees are estimated to not exceed $15,000;
• 17.3 Authorize the City Manager to approve and execute any necessary documents,
including the lease in the form substantially attached as Exhibit "C" to the
Purchase and Sale Agreement, and to take all necessary actions to complete
this acquisition, including without limitation, all escrow instructions.
18 Approval of Blue Ribbon Committee Nominations at the request of the Quality of
Life/Temecula 2030 Subcommittee (Mayor -Pro Tern Ron Roberts and Council Member
Chuck Washington)
RECOMMENDATION:
18.1 Approve the Blue Ribbon Committee nominations as submitted by the Quality of
Life/Temecula 2030 Master Plan Subcommittee.
19 Procurement of ShoreTel Phone and GFI FAX System - Civic Center Installation
RECOMMENDATION:
19.1 Authorize the purchase and installation of ShoreTel Phone equipment from
Conduit Networks on the PEPPM Contract for the total amount of $50,452.71,
which includes shipping and applicable sales tax;
19.2 Authorize the single source purchase and installation of the GFI Faxmaker
solution from Conduit Networks for $14,474.93.
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RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT AND THE
CITY OF TEMECULA REDEVELOPMENT AGENCY
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TEMECULA COMMUNITY SERVICES DISTRICT MEETING
Next in Order:
Ordinance: No. CSD 10 -01
Resolution: No. CSD 10 -05
CALL TO ORDER: President Chuck Washington
ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name for the record.
CSD CONSENT CALENDAR
20 Action Minutes
RECOMMENDATION:
20.1 Approve the action minutes of June 8, 2010.
21 Community Services Technical Support
RECOMMENDATION:
21.1 Approve the Agreement between the Temecula Community Services District and
Timmy U Productions in the amount of $55,000 to provide technical support at
Citywide special events and programs as needed.
U
• 22 - Food and Beverage Sales Agreement between the Temecula Community Services
District and Stadium Pizza Redhawk LLC for the Patricia H. Birdsall Sports Park
22.1 Approve the Food and Beverage Sales Agreement between the Temecula
Community Services District (TCSD) and Stadium Pizza Redhawk, LLC, for the
Patricia H. Birdsall Sports Complex.
23 Temecula Community Services District Fiscal Year 2010/11 Annual Maintenance
Agreements
RECOMMENDATION:
23.1 Approve the minor annual maintenance and construction contracts for Fiscal
Year 2010/11 with:
Craftsmen Plumbing & Heating for an amount not to exceed $100,000
Imperial Paving Company, Inc. for an amount not to exceed $100,000
NPG, Inc. for an amount not to exceed $100,000
Del Rio Enterprise for an amount not to exceed $75,000
Witcher Electric for an amount not to exceed $75,000
Strong's Painting for an amount not to exceed $75,000
Power Distributors, Inc. for an amount not to exceed $75,000
Musco Sports Lighting, LLC for an amount not to exceed $75,000
Tiger Equipment, Inc. for an amount not to exceed $50,000
• T.D. Grogan Construction for an amount not to exceed $50,000
Moore Fence Company, Inc. for an amount not to exceed $50,000
J. M. Justus Fence Company for an amount not to exceed $50,000
24 Agreement with Excel Landscape, Inc. for Landscape Maintenance Services for Fiscal
Year 2010/11
RECOMMENDATION:
24.1 Approve a contract with Excel Landscape, Inc. for Landscape Maintenance
Services in the amount of $2,121,224 for Fiscal Year 2010111;
24.2 Authorize General Manager to approve additional work not to exceed the
contingency amount of $212,122 which is equal to 10% of the Agreement.
CSD DEPARTMENTAL REPORT
25 Monthly Departmental Report
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CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
_ CSD ADJOURNMENT
Next regular meeting: Tuesday, July 13, 2010, at 5:30 P.M., for a Closed Session, with regular
session commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive,
Temecula. California.
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Next in Order:
Ordinance: No.. RDA 10 -01
Resolution: No. RDA 10 -08
CALL TO ORDER: Chair Person Mike Naggar "
ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington,
Naggar
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, a "Request to Speak" form must be filed with the City Clerk
Prior to the Board of Directors addressing that item. There is a five (5) minute time limit
• for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name for the record.
RDA CONSENT CALENDAR
26 Action Minutes
RECOMMENDATION:
26.1 Approve the action minutes of June 8, 2010.
27 Residential Improvement Program
RECOMMENDATION:
27.1 Adopt a resolution entitled:
RESOLUTION NO. RDA 10-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING REVISIONS TO THE RESIDENTIAL
• IMPROVEMENT PROGRAM
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28:1 Adopt a resolution entitled:
RESOLUTION NO. RDA 10
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
TEMECULA APPROVING THE REVISED FACADE IMPROVEMENT
PROGRAM
29 Annual Contracts for Keyser Marston Associates, Inc. for Real Estate Economic and
Affordable Housing Consulting Services for Fiscal Year 2010/11
RECOMMENDATION:
29.1 Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$50,000 to provide as- needed Real Estate Economic Consulting Services for
Fiscal Year 2010/11;
29.2 Approve an agreement with Keyser Marston Associates, Inc. in the amount of
$75,000 to provide as- needed Affordable Housing Consulting Services for Fiscal
Year 2010/11.
• 30 Agreement between Melody's Ad Works and the Redevelopment Agency for Fiscal Year
2010/11
RECOMMENDATION:
30.1 Approve an agreement with Melody's Ad Works in the amount of $39,700 for
promoting and marketing Special Events in Old Town for Fiscal Year 2010/11;
30.2 Approve an additional $5,000 as a material reimbursement to be utilized for
consultant to procure items at a discounted rate for special events in Old Town,
in addition to $290 for reimbursable expenses incurred in FY. 2009/10.
RDA DEPARTMENTAL REPORT
31 Redevelopment Department Monthly Report
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
Next regular meeting: Tuesday, July 13, 2010, at 5:30 P.M., for a Closed Session, with regular
• session . commencing at 7:00 PM., City Council Chambers, 43200 Business Park Drive, Temecula,
California.
12
RECONVENE TEMECULA CITY COUNCIL
CITY COUNCIL BUSINESS
32 Adopt Draft City of Temecula Sustainability Plan
RECOMMENDATION:
32.1 Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING THE CITY OF TEMECULA SUSTAINABILITY PLAN (LR08 -0007)
33 Planning Commission Appointments
RECOMMENDATION:
33.1 Appoint two applicants to serve full three -year terms on the Planning
Commission through June 15, 2013.
DEPARTMENTAL REPORTS
is 34 Planning Department Monthly Report
35 Public Works Department Monthly Report
36 City Council Travel /Conference Report - May 2010
37 Police Department Monthly Report
CITY MANAGER REPORT
CITY ATTORNEY REPORT
ADJOURNMENT
Next regular meeting: Tuesday, July 13, 2010, at 5:30 PM, for a Closed Session, with regular
session commencing at 7:00 PM, City Council Chambers, 43200 Business Park Drive,
Temecula, California.
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PRESENTATIONS
CONSENT CALENDAR
Item No. 1
Item No. 2
ACTION MINUTES
TEMECULA CITY COUNCIL
A REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JUNE 8, 2010 — 7:00 PM
6:15 P.M. - Closed Session of the
pursuant to Government Code Section:
a
1) Conference with City Attorney pursuant to Government Code Section 54956.9(b)
with respect to one matter of potential litigation. With respect to such matter, the
City Attorney has determined that a point has been reached where there is a
significant exposure to litigation involving the City and City related entities based
on existing facts and circumstances. With respect to such matter, the City Council
will also meet pursuant to Government Code Section 54956.9(c) to decide whether
to initiate litigation.
Public Information concerning existing litigation between the City and various parties
may be acquired by reviewing the public documents held by the City Clerk.
At 6:15 P.M., Mayor Comerchero called the City Council meeting to order and recessed the meeting
to Closed Session to consider the matter described for Closed Session on the agenda.
The City Council meeting convened at 7:00 P.M.
CALL TO ORDER: Mayor Jeff Comerchero
Prelude Music: Cindy Broz - Flutist
Invocation: Shawn Nelson
Flag Salute: Council Member Naggar
A Moment of Silence in Honor of
John Davis, Todd Davis, Monisa Emilio, Gloria Murillo, and Jose Murillo
ROLL CALL: Edwards, Naggar, Roberts, Washington, Comerchero
ABSENT: Roberts
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PUBLIC COMMENTS
Kim Wilder -Lee, Temecula, informed the Council Members of the Temecula Environmental
Award Design and introduced the winner of the award.
CITY COUNCIL REPORTS
CONSENT CALENDAR
Standard Ordinance and Resolution Adoption Procedure - Approved Staff
Recommendation (4 -0 -1) — Council Member Washington made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected approval
with the exception of Council Member Roberts who was absent.
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2 Action Minutes - Approved Staff Recommendation (4 -0 -1) — Council Member
Washington made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected approval with the exception of Council Member Roberts
who was absent.
RECOMMENDATION:
2.1 Approve the action minutes of May 25, 2010.
3 List of Demands - Approved Staff Recommendation (4 -0 -1) — Council Member
Washington made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected approval with the exception of Council Member Roberts
who was absent.
RECOMMENDATON:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 10-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 City Treasurer's Report as of April 30, 2010 - Approved Staff Recommendation
(4 -0 -1) — Council Member Washington made the motion; it was seconded by
Council Member Edwards; and electronic vote reflected approval with the
exception of Council Member Roberts who was absent.
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of April 30, 2010.
5 Trustee /Fiscal Agent Services for Fiscal Year 2010 -2011- Approved Staff
Recommendation (4 -0 -1) — Council Member Washington made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected approval
with the exception of Council Member Roberts who was absent.
RECOMMENDATION:
5.1 Approve the expenditure of $54,725 for fiscal year 2010 -11 trustee /fiscal agent
services, provided by U.S. Bank, for the City's Community Facilities Districts
(CFD), Assessment District (AD), Tax Allocation Bonds (TABS), and Certificates
of Participation (COPS).
6 Amendments to Various Agreements regarding Peer Review of Liberty Quarry Draft EIR
and Analysis of Aggregate Mining Operations - Approved Staff Recommendation
(4 -0 -1) — Council Member Washington made the motion; it was seconded by
Council Member Edwards; and electronic vote reflected approval with the
exception of Council Member Roberts who was absent.
RECOMMENDATION:
6.1 Approve the Second Amendment to Agreement with Cato Geoscience to extend
the agreement term through June 30, 2011 for Corona /Temecula 1 -15 Corridor
Aggregate Study;
6.2 Approve the Third Amendment to Agreement with Fehr and Peers,
Transportation Consultants, to extend the agreement term through June 30,
2011 for review of traffic and transportation section of the Liberty Quarry Draft
EIR;
6.3 Approve the Third Amendment to Agreement with PCR Services Corporation, Air
Quality Consultants, to extend the agreement term through June 30, 2011 for
review of air quality section of the Liberty Quarry Draft EIR.
7 Voter Approved Measure C Annual Special Tax Levy - Approved Staff
Recommendation (4 -0 -1) — Council Member Washington made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected approval
with the exception of Council Member Roberts who was absent.
RECOMMENDATION:
7.1 Adopt a resolution entitled:
RESOLUTION NO. 10-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING THE AMOUNT OF THE SPECIAL TAX LEVY FOR FISCAL
YEAR 2010 -2011 TO PROVIDE FOR RECREATION AND HUMAN SERVICES
PROGRAMS AND THE OPERATION, MAINTENANCE, AND SERVICING OF
PUBLIC PARKS AND RECREATIONAL FACILITIES, MEDIAN
LANDSCAPING, AND ARTERIAL STREET LIGHTS AND TRAFFIC SIGNALS
8 Resolution Adopting Fiscal Year 2010 -2011 Solid Waste Rates - Approved Staff
Recommendation (4 -0 -1) — Council Member Washington made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected approval
with the exception of Council Member Roberts who was absent.
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 10-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING SOLID WASTE RATES FOR FISCAL YEAR 2010 -2011
9 Amendments to Annual Agreements for various services required by the Public Works
Traffic Division for Fiscal Year 2010 -2011 - Approved Staff Recommendation (4 -0 -1)
— Council Member Washington made the motion; it was seconded by Council
Member Edwards; and electronic vote reflected approval with the exception of
Council Member Roberts who was absent.
RECOMMENDATION:
9.1 Approve the following amendments to annual agreements in the amounts stated
for Fiscal Year 2010 -2011 for various Traffic Division operational needs:
Traffic Division Amendments
Counts Unlimited, Traffic counts citywide $20,000
Crosstown Electrical & Data, CCTV camera & equipment maintenance $20,000
Republic ITS, Traffic signal repair and maintenance $40,000
10 Amendments to Annual Aareements for various services reauired by the Public Works
Maintenance Division for Fiscal Year 2010 -2011 - Approved Staff Recommendation
(4 -0 -1) — Council Member Washington made the motion; it was seconded by
Council Member Edwards; and electronic vote reflected approval with the
exception of Council Member Roberts who was absent.
RECOMMENDATION:
10.1 Approve the following amendments to annual agreements in the amounts stated
for Fiscal Year 2010 -2011 for vehicle repair & maintenance, hazardous material
clean up services, and city street light maintenance and repair services for
various Maintenance Division needs:
Vehicle Repair & Maintenance Services
AFS Ironman $30,000
Altec Industries $30,000
Mobile Truck Service $20,000
Hazardous Material Clean Up Services
Haz Mat Trans $30,000
Street Light Maintenance and Repair Services
Republic ITS $30,000
11 Acceptance of certain Public Streets into the Citv- Maintained Svstem within Tract Ma
No. 28482 (northwesterly of the intersection of Rancho California Road and Meadows
Parkway at Royal Oaks Drive in Temeku Hills Subdivision) - Approved Staff
Recommendation (4 -0 -1) — Council Member Washington made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected approval
with the exception of Council Member Roberts who was absent.
RECOMMENDATION:
11.1 Adopt a resolution entitled:
RESOLUTION NO. 10-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY- MAINTAINED
SYSTEM (WITHIN TRACT MAP NO. 28482)
12 First Amendment to the Annual Aareement for Landscape Plan Check and Inspection
Services for Fiscal Year 2010 -2011 - Approved Staff Recommendation (4 -0 -1) —
Council Member Washington made the motion; it was seconded by Council
Member Edwards; and electronic vote reflected approval with the exception of
Council Member Roberts who was absent.
RECOMMENDATION:
12.1 Approve the First Amendment to the Annual Agreement with David Neault
Associates, Inc. in the amount of $100,000 to continue to provide as needed
Landscape Plan Check and Inspection Services for Fiscal Year 2010 -2011.
13 Award of a Construction Contract for Road Reconstruction at Jedediah Smith Road
Project No. PW09 -10 - Approved Staff Recommendation (4 -0 -1) — Council Member
Washington made the motion; it was seconded by Council Member Edwards; and
electronic vote reflected approval with the exception of Council Member Roberts
who was absent.
RECOMMENDATION:
13.1 Authorize the transfer of Proposition 1 B funds from the Road and Storm Drain
Repair at Rancho California Road project in the amount of $150,000 and the
Slurry Seal at Roripaugh Hills, Campos Verdes, and Nicolas Valley Area project
in the amount of $107,342.75 into the Road Construction at Jedediah Smith
Road project account in order to fully fund the project;
13.2 Award a construction contract for Project No. PW09 -10, Road Reconstruction at
Jedediah Smith Road, to ICE Engineering in the amount of $429,402.50;
13.3 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $42,940.25, which is equal to 10% of the contract
amount;
13.4 Make a finding that the Road Reconstruction at Jedediah Smith Road project is
exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
14 Award of a Construction Contract for the Citywide Slurry Seal Project Fiscal Year 2009-
10, Roripaugh Hills, Campos Verdes Tract and Nicolas Valley Area, Project No. PW09-
06 - Approved Staff Recommendation (4 -0 -1) — Council Member Washington made
the motion; it was seconded by Council Member Edwards; and electronic vote
reflected approval with the exception of Council Member Roberts who was
absent.
RECOMMENDATION:
14.1 Award a construction contract for Project No. PW09 -06, Citywide Slurry Seal
Project Fiscal Year 2009 -10, Roripaugh Hills, Campos Verdes Tract and Nicolas
Valley Area, to Roy Allan Slurry Seal, Inc. in the amount of $421,208.55;
14.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $42,120.86 which is equal to 10% of the contract amount.
15 Amendment to Furniture Purchase and Installation Aareement for the Old Town Civic
Center, Project No. PW06 -07 - Approved Staff Recommendation (4 -0 -1) — Council
Member Washington made the motion; it was seconded by Council Member
Edwards; and electronic vote reflected approval with the exception of Council
Member Roberts who was absent.
RECOMMENDATION:
15.1 Approve the First Amendment to the Furniture Purchase and Installation
Agreement with Tangram for $1,499,061.87 to furnish and install systems and
freestanding furniture for the Old Town Civic Center;
15.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $25,000.
16 Direction of Local Agency to Review Conflict of Interest Code - Approved Staff
Recommendation (4 -0 -1) — Council Member Washington made the motion; it was
seconded by Council Member Edwards; and electronic vote reflected approval
with the exception of Council Member Roberts who was absent.
RECOMMENDATION:
16.1 Direct staff to review the City's Conflict of Interest Code, no later than October 1,
2010.
At 7:10 P.M., the City Council convened as the Temecula Community Services District and the
Redevelopment Agency. At 7:32 P.M., the City Council resumed with regular business.
CITY COUNCIL BUSINESS
23 Review and Adoption of the Fiscal Year 2010 -2011 Annual Operatina Budaet -
Approved Staff Recommendation (4 -0 -1) — Council Member Naggar made the
motion; it was seconded by Council Member Washington; and electronic vote
reflected approval with the exception of Council Member Roberts who was
absent.
RECOMMENDATION:
23.1 Adopt a resolution entitled:
RESOLUTION NO. 10-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING THE FY 2010 -11 ANNUAL OPERATING BUDGET AND
ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS
23.2 Adopt a resolution entitled:
RESOLUTION NO. 10-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REVISING THE SCHEDULE OF AUTHORIZED POSITIONS
23.3 Adopt a resolution entitled:
RESOLUTION NO. 10-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 2010 -11
24 Review and Adoption of the Fiscal Year 2011 -15 Capital Improvement Proaram Budaet
- Approved Staff Recommendation (4 -0 -1) — Council Member Naggar made the
motion; it was seconded by Council Member Washington; and electronic vote
reflected approval with the exception of Council Member Roberts who was
absent.
RECOMMENDATION:
24.1 Adopt a resolution entitled:
RESOLUTION NO. 10 -48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY
2011 -15 AND ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY
2010 -11
CITY MANAGER REPORT
CITY ATTORNEY REPORT
City Attorney Thorson advised that with regard to the Closed Session item, there was no
reportable action.
ADJOURNMENT
At 7:53 P.M., the City Council meeting was formally adjourned to Tuesday, June 22, 2010, at
5:30 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., City Council
Chambers, 43200 Business Park Drive, Temecula, California.
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
0
Jeff Comerchero, Mayor
Item No. 3
Approvals
City Attorney /V
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Genie Roberts, Director of Finance
DATE: June 22, 2010
SUBJECT: List of Demands
PREPARED BY: Pascale Brown, Accounting Manager
Jada Yonker, Accounting Specialist
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS
AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review
and approval by the City Council on a routine basis at each City Council meeting. The attached
claims represent the paid claims and demands since the last City Council meeting.
FISCAL IMPACT: All claims and demands were paid from appropriated funds or
authorized resources of the City and have been recorded in accordance with the City's policies
and procedures.
ATTACHMENTS: Resolution
List of Demands
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. That the following claims and demands as set forth in Exhibit A, on
file in the office of the City Clerk, has been reviewed by the City Manager's Office and
that the same are hereby allowed in the amount of $3,352,799.33.
Section 2. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of June, 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 22nd day of June, 2010, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
IG1 011�Ko1l1►NllNdiIAdi1:l4:&1
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
CITY OF TEMECULA
LIST OF DEMANDS
06/03/2010 TOTAL CHECK RUN
06/10/2010 TOTAL CHECK RUN
06/10/2010 TOTAL PAYROLL RUN:
$ 145,197.57
2,758,123.12
449,478.64
TOTAL LIST OF DEMANDS FOR 06/22/2010 COUNCIL MEETING: $ 3,352,799.33
DISBURSEMENTS BY FUND
CHECKS:
001
GENERAL FUND
$ 1,986,698.04
130
RECOVERY ACT JAG FUNDING
1,658.84
165
AFFORDABLE HOUSING
38,339.30
190
TEMECULA COMMUNITY SERVICES DISTRICT
295,194.00
192
TCSD SERVICE LEVEL B
143.82
193
TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE
14,570.07
194
TCSD SERVICE LEVEL D
1,351.57
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
5,045.38
197
TEMECULA LIBRARY FUND
15,455.39
210
CAPITAL IMPROVEMENT PROJECTS FUND
107,268.83
280
REDEVELOPMENT AGENCY - CIP PROJECT
326,568.83
300
INSURANCE FUND
23,356.05
320
INFORMATION SYSTEMS
45,143.21
330
SUPPORT SERVICES
13,809.25
340
FACILITIES
21,401.91
375
SUMMER YOUTH EMPLOYMENT PROGRAM
1,135.99
475
CFD03 -3 WOLF CREEK DEBT SERVICE FUND
264.00
477
CFD- RORIPAUGH
1,003.40
700
CERBT CALIFORNIA BE RETIREE - GASB45
4,912.81
001
GENERAL FUND
$ 264,152.91
165
AFFORDABLE HOUSING
7,218.20
190
TEMECULA COMMUNITY SERVICES DISTRICT
109,003.84
192
TCSD SERVICE LEVEL B
135.56
193
TCSD SERVICE LEVEL "C" LANDSCAPE /SLOPE
3,398.26
194
TCSD SERVICE LEVEL D
1,422.04
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
1,223.64
197
TEMECULA LIBRARY FUND
380.16
280
REDEVELOPMENT AGENCY - CIP PROJECT
4,293.96
300
INSURANCE FUND
1,405.41
320
INFORMATION SYSTEMS
23,516.94
330
SUPPORT SERVICES
5,447.72
340
FACILITIES
8,746.41
375
SUMMER YOUTH EMPLOYMENT PROGRAM
3,705.79
700
CERBT CALIFORNIA BE RETIREE- GASB45
15,427.80
TOTAL BY FUND:
$ 2,903,320.69
449,478.64
$ 3,352,799.33
apChkLst Final Check List Page: 1
06/03/2010 5:11:24PM CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
138999
06/032010
004973
ABACHERLI, LINDI
TCSD instructor earnings
880.00
TCSD instructor earnings
800.00
1,680.00
139000
06/032010
012985
ANDERSON & HOWARD
May Cabling Install:Civic Center
60,001.15
60,001.15
ELECTRIC INC
139001
06/032010
005623
BAIRD, LESLIE
refund:magical wizards 2450.102
50.00
50.00
139002
06/032010
011007
BARNETT, KIRK
reimb: rivet nut insert tool Stn 84
88.49
88.49
139003
06/032010
013380
BIRTH, BREASTFEEDING &
TCSD Instructor Earnings
140.00
140.00
BEYOND
139004
06/032010
006908
C C & COMPANY INC
entertainment: clowns for expo 6/5
700.00
700.00
139005
06/032010
000131
CARL WARREN & COMPANY
Apr Liability Claims Mgmt Svc:Finance
4,678.31
4,678.31
INC
139006
06/032010
013584
CLEAR SIGN & DESIGN INC
Rules Signage:Parking Structure
967.05
967.05
139007
06/032010
013016
CR STUDIO 4
TCSD Instructor Earnings
56.00
56.00
139008
06/032010
007057
DERNBACH, ESTHER MARIE
TCSD instructor earnings
630.00
TCSD instructor earnings
577.50
TCSD instructor earnings
420.00
TCSD instructor earnings
367.50
1,995.00
139009
06/032010
003317
DOMENOE, CHERYL
reimb: refreshments Yth Gov't 62 -3
69.39
69.39
139010
06/032010
011202
E M H SPORTS & FITNESS
TCSD instructor earnings
630.00
TCSD instructor earnings
280.00
910.00
139011
06/032010
002982
FRANCHISE TAX BOARD
#330383649 2010 Form 592
140.00
140.00
139012
06/032010
002982
FRANCHISE TAX BOARD
Withholding Payment
125.00
125.00
Page :1
apChkLst Final Check List Page: 2
06/03/2010 5:11:24PM CITY OF TEMECULA
139013
06/03/2010
011967
FULL VALUE ENTERTAINMENT
sttlmnt: Live at the Merc 5/28
315.70
sttlmnt: Live at the Merc 5/21
87.50
403.20
139014
06/032010
003946
G T ENTERTAINMENT
DJ svcs:TCSD Expo 6/5
250.00
250.00
139015
06/032010
013076
GAUDET, YVONNE M.
TCSD Instructor Earnings
400.40
400.40
139016
06/032010
013614
GOLEM, CHRISTINE
refund:stop pymt fee Rehab Financial
20.00
20.00
139017
06/032010
011826
GRIP, JERRY
Reimb: parking Veh Horn Cf 5/18 -21
45.00
45.00
139018
06/032010
012204
HERITAGE FAMILY MINISTRIES
TCSD Instructor Earnings
500.50
TCSD Instructor Earnings
318.50
819.00
139019
06/032010
013615
HERNANDEZ, HEATHER
TCSD Instructor Earnings
1,890.00
1,890.00
139020
06/032010
007792
HINTON, BEVERLY L.
TCSD instructor earnings
66.50
66.50
139021
06/032010
012912
INLAND VALLEY BRIDGE, UNIT
refund:rm rental:MPSC
54.00
54.00
#534
139022
06/032010
010766
INLAND VALLEY YOUTH
sttlmnt: performance 527
562.89
562.89
SYMPHONY
139023
06/032010
001186
IRWIN, JOHN
TCSD instructor earnings
411.60
TCSD instructor earnings
313.60
TCSD instructor earnings
111.30
836.50
139024
06/032010
004813
M &J1 PAUL ENTERPRISES INC
Inflatible bounce rental: expo 6/5
1,200.00
1,200.00
139025
06/032010
011179
MC MILLIN REDHAWK LLC
TCSD Instructor Earnings
770.00
TCSD Instructor Earnings
420.00
TCSD Instructor Earnings
196.00
1,386.00
139026
06/032010
010979
MEDIA STOP
Video srvcs:every 15 min pgrm
1,880.00
1,880.00
139027 06/032010 007210 MIDORI GARDENS Ldscp maint & repair:crown hill park 1,328.00
Ldscp img. repairs: btrfld stage park 605.25
Page :2
apChkLst
Final Check List
Page: 3
06/03/2010
5:11:24PM
CITY OF TEMECULA
Ldscp maint:paseo ganante park
468.00
2,401.25
139028
06/032010
013390
MILLER, JOSHUA
TCSD Instructor Earnings
385.00
TCSD Instructor Earnings
140.00
525.00
139029
06/032010
012962
MILLER, MISTY
TCSD Instructor Earnings
1,102.50
1,102.50
139030
06/032010
012580
MINUTEMAN PRESS
Misc. printing: b &s dept.
47.51
47.51
139031
06/032010
012264
MIRANDA, JULIO C.
TCSD Instructor Earnings
462.00
TCSD Instructor Earnings
315.00
TCSD Instructor Earnings
21.00
798.00
139032
06/032010
001868
MIYAMOTO- JURKOSKY, SUSAN
TCSD Instructor Earnings
453.60
TCSD Instructor Earnings
436.80
TCSD Instructor Earnings
340.20
1,230.60
139033
06/032010
013375
MYERS- RUSSO, ERICA
TCSD Instructor Earnings
352.80
TCSD Instructor Earnings
100.80
TCSD Instructor Earnings
84.00
TCSD Instructor Earnings
33.60
571.20
139034
06/032010
000727
NATIONAL FIRE PROTECTION
2 sets of code books: Fire Prev
362.08
362.08
ASSN
139035
06/032010
012100
OUR NICHOLAS FOUNDATION
Council Comm. Service Funding
1,000.00
1,000.00
139036
06/032010
013418
PENWORTHY COMPANY, THE
Misc materials: library
987.34
987.34
139037
06/032010
012251
PORTRAIT PRODUCTIONS
TCSD Instructor Earnings
378.00
378.00
139038
06/032010
011952
RAD HATTER, THE
Entertainment:csd expo 6/5
500.00
FTB withholding requirement
- 125.00
375.00
139039
06/032010
000262
RANCHO CALIF WATER
May var water meters:TCSD
17,104.49
DISTRICT
May water meters:30875 rncho vista
406.19
May var water meters:30650 pauba rd
217.06
Mayvar water meters:30650 pauba rd
13.88
17,741.62
139040
06/032010
009725
RAZAVI, MANDIS
TCSD Instructor Earnings
526.40
TCSD Instructor Earnings
480.00
Page :3
apChkLst
06/03/2010 5:11:24PM
139041 06/03/2010 013138 RISCH, VICKI G.
139042 06/03/2010 002226 RUSSO, MARYANNE
iKPPLSi�P .iL�RiYA ➢[�i�PFFP.I�Z.9G101:IH 70�H1111�01
Final Check List
CITY OF TEMECULA
reimb:art supplies/high hopes prgm
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
TCSD Instructor Earnings
Country @ the Merc 522/10
139044 06/032010 013604 SANTIAGO ESTATES 12, LLC refund:eng grad dep:TM 9833
139045 06/032010 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings
139046 06/032010 009213 SHERRY BERRY MUSIC
139047 06/032010 000645 SMART & FINAL INC
139048 06/032010 000537 SO CALIF EDISON
Jazz the Merc 520/10
Jazz the Merc 527/10
Misc supplies: High Hopes Prgm
May 2 -29- 224- 0173:Fire Stns
May 2 -31- 404 - 6020:28771 OT front st
May 2 -29- 933- 3831:FOC
May 2 -31- 536 - 3655:41904 main st
May 2 -02- 351- 4946:Sr Ctr
May 2 -29- 295 - 3510:32211 wolf vly rd
May 2 -18- 937 - 3152:41950 moreno rd
May 2 -29- 223 - 8607:42035 2nd st PED
May 2 -20- 817 - 9929:28410 OT front st
May 2 -31- 536 - 3481:41902 main st
May 2 -19- 171 - 8568:41970 moreno rd
May 2 -14- 204 - 1615:30027 front st rdio
May 2 -27- 371 - 8494:42189 winchester
May 2 -31- 912 - 7494:28690 mercedes
May 2 -31- 282 - 0665:27407 diaz PED
May 2 -29- 657 - 2787:41638 winchester
May 2 -31- 419 - 2873:43000 hwy 395
May 2 -29- 807 - 1093:28079 diaz PED
May 2 -29- 807 - 1226:28077 diaz PED
May 2 -31- 031 - 2616:27991 diaz PED
139049 06/032010 001212 SO CALIF GAS COMPANY May 091 - 024 - 9300 - 5:30875 rncho vista
139.43
39.90
847.00
693.00
483.00
265.50
F 3911(
420.00
367.50
336.00
251.01
1,517.93
1,355.87
1,354.25
1,141.32
1,115.12
894.10
724.21
412.90
205.63
167.74
84.07
35.54
28.35
24.24
24.04
23.30
23.30
22.58
21.36
21.26
1,848.91
Page: 4
1,145.83
39.90
2,023.00
265.50
FWmlill
420.00
703.50
251.01
9,197.11
Page :4
apChkLst
Final Check List
Page: 5
06/03/2010
5:11:24PM
CITY OF TEMECULA
May 021 - 725 - 0775 -4:Sr Ctr
103.83
May 101 - 525 - 1560 - 6:27415 enterprise
76.92
May 026 - 671 - 2909- 8:Comm Theater
65.39
May 101 - 525 - 0950- 0:Comm Ctr
62.86
May 133 - 040 - 7373- 0:Maint Fac
55.25
May 181 - 383 - 8881- 6:Museum
31.00
May 196 - 025 - 0344 -3:C. Museum
10.12
2,254.28
139050
06/03/2010
002015
STAR WAY PRODUCTIONS
Sound equip maint & repair:crc
230.00
230.00
139051
06/03/2010
001505
STEFFEN, SUE
reimb:quality of life mtg 6/2/10
98.07
98.07
139052
06/032010
009061
STURDIVANT, ANGELA P.
TCSD Instructor Earnings
308.70
308.70
139053
06/032010
005970
TEMECULA VALLEY PLAYERS
"Rent" production May'10
7,814.09
7,814.09
139054
06/032010
013261
THINKWELL GROUP INC
"Play Room" exhibit:childrens museum
2,500.00
2,500.00
139055
06/032010
012626
TOMSETH, DIANA H.
TCSD Instructor Earnings
175.00
175.00
139056
06/032010
013474
TOWN & COUNTRY TOWING
Towing services:police 5/12
150.00
150.00
139057
06/032010
012725
TRZOP, MICHELLE
TCSD Instructor Earnings
1,960.00
TCSD Instructor Earnings
1,960.00
TCSD Instructor Earnings
1,288.00
TCSD Instructor Earnings
1,213.33
6,421.33
139058
06/032010
004794
VALLEY WINDS COMMUNITY
Al Valley Honor Band performance 525
550.60
550.60
139059
06/032010
004261
VERIZON
May xxx -5706 gen usage:FOC
182.81
May xxx -9196 gen usage:TCC SAFE
170.52
May xxx -2016 gen usage:Reverse 911
122.08
May xxx -3526 gen usage:fre alarm
109.65
May xxx -2676 general usage
36.55
May xxx -5696 gen usage:sports comp
36.55
658.16
139060
06/032010
013613
WORTHINGTON, PAULA
reimb:FAM Night supplies
62.51
62.51
Grand Total All Checks:
145,197.57
Page :5
apChkLst Final Check List Page: 6
06/03/2010 5:11:24PM CITY OF TEMECULA
62 checks in this report. Grand Total All Checks: 145,197.57
Page :6
apChkLst
Final Check List
Page:1
06/10/2010
1:29:36PM
CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
1480
06/10/2010
000245
PERS- HEALTH INSUR
PERS Health Admin Cost Payment
72,477.24
PREMIUM
Blue Shield HMO Payment
0.00
72,477.24
1481
06/10/2010
000444
INSTATAX (EDD)
State Disability Ins Payment
25,861.20
25,861.20
1482
06/10/2010
000283
INSTATAX (IRS)
Federal Income Taxes Payment
82,409.24
82,409.24
1483
06/10/2010
001065
NATIONWIDE RETIREMENT
Nationwide Retirement Payment
14,894.56
14,894.56
SOLUTION
1484
06/10/2010
000642
TEMECULA CITY FLEXIBLE
Child Care Reimbursement Payment
8,648.02
8,648.02
1485
06/10/2010
000246
PERS (EMPLOYEES'
PERS ER Paid Member Contr Payment
112,130.50
112,130.50
RETIREMENT)
1486
06/10/2010
010349
CALIF DEPT OF CHILD
Support Payment
553.84
553.84
SUPPORT
1487
06/10/2010
000389
NATIONWIDE RETIREMENT
OBRA- Project Retirement Payment
3,338.02
3,338.02
SOLUTION
139061
06/102010
013580
27511 YNEZ ROAD LLC
facility rental: Youth Job Expo 4/17
800.00
800.00
139062
06/102010
003552
A F L A C
AFLAC Cancer Payment
3,409.70
3,409.70
139063
06/102010
013367
ACTIVE MICRO INC
Misc Tools & Equipment: PW Traffic
119.62
119.62
139064
06/102010
004802
ADLERHORST INTERNATIONAL
May Training:Police K -9 Casper
141.67
INC
K -9 Handler Basic Trn:6 /14 -723
4,200.00
4,341.67
139065
06/102010
004180
ADVISORS MARKETING
promo items:var TCSD programs
3,302.35
3,302.35
GROUP, THE
139066
06/102010
004432
ALBERTSONS GROCERY
refresh ments:mpsc sd cc fair 624
198.00
198.00
STORE
139067
06/102010
009374
ALLEGRO MUSICAL VENTURES
529 Piano Maint: Theater
150.00
150.00
139068
06/102010
006915
ALLIE'S PARTY EQUIPMENT
equip rental: children's museum
52.97
equip rental :Western Days 5/15 -16
781.07
834.04
139069
06/102010
003821
ALLSTAR FIRE EQUIPMENT
Fire Equip Repair: Stn 84
113.25
113.25
Page:1
apChkLst Final Check List Page:2
06/10/2010 1:29:36PM CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
139070
06/102010
004240
AMERICAN FORENSIC NURSES
DUI & drug screenings: Police
592.50
(AF N)
DUI & drug screenings: Police
829.50
1,422.00
139071
06/102010
000936
AMERICAN RED CROSS
lifeguard cert processing: aquatics
200.00
emergency resp manuals:aquatics
80.00
280.00
139072
06/102010
002187
ANIMAL FRIENDS OF THE
Apr animal control services
13,000.00
13,000.00
VALLEYS
139073
06/102010
001323
ARROWHEAD WATER INC
Bottled wtr Svcs: VRMS
23.29
Bottled wtr Svcs: Council
12.72
Bottled wtr Svcs: PBSP
28.60
Bottled wtr Svcs: TCC
13.51
Bottled wtr Svcs: City Hall
405.50
Bottled wtr Svcs: Ch Museum
24.01
Bottled wtr Svcs: Fld Op Ctr
162.37
Bottled wtr Svcs: Maint Facility
121.92
Bottled wtr Svcs: CRC
86.67
Bottled wtr Svcs: Skate Park
6.51
Bottled wtr Svcs: Theater
39.23
Bottled wtr Svcs: Library
65.68
Bottled wtr Svcs: TV Museum
18.21
1,008.22
139074
06/102010
011438
BAKER, BLYTHE EDEN
TCSD Instructor Earnings
1,080.00
1,080.00
139075
06/102010
004205
BALLET FOLKLORICO
TCSD Instructor Earnings
192.50
192.50
139076
06/102010
013616
BANK BUILDING
refund:eng grad dep:apn920- 100 -040
7,000.00
7,000.00
CORPORATION
139077
06/102010
002541
BECKER CONSTRUCTION
(3) channel repairs: citywide
12,110.00
12,110.00
SRVS INC
139078
06/102010
004262
BIO -TOX LABORATORIES
DUI & drug screenings: Police
1,226.50
DUI & drug screenings: Police
1,273.80
DUI & drug screenings: Police
988.50
DUI & drug screenings: Police
747.34
4,236.14
139079
06/102010
012583
BLANCAY PRICE
426 -5/6 lndscp pinck:Planning
2,250.00
credit: billing adj PA05 -0220 not rec'd
- 500.00
1,750.00
139080
06/102010
009127
BOCA SYSTEMS INC
ticket stock: Theater
1,645.00
1,645.00
139081
06/102010
011421
BRODART COMPANY
(58) Books: Library
712.43
712.43
139082
06/102010
011383
CAL STATE SAN MARCOS
CSUSM dev costs 32225 Pio Pico Rd
315,000.00
315,000.00
Page:2
apChkLst
Final Check List
Page:3
06/10/2010
1:29:36PM
CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
139083
06/10/2010
005071
CALIF ASSN OF PARKS
10/11 mb (5) TCSD Commissioners
175.00
175.00
139084
06/10/2010
009431
CALIF, STATE OF- FRANCHISE
Support Payment
82.07
82.07
TAX
139085
06/10/2010
004228
CAMERON WELDING SUPPLY
Helium tanks rental /refill: TCSD
47.92
47.92
139086
06/102010
004971
CANON FINANCIAL SERVICES,
payoff:001- 0183742 -008 & 009
2,387.06
2,387.06
INC
139087
06/102010
000131
CARL WARREN & COMPANY
May Claims Mgmnt Svcs: Finance
4,211.87
4,211.87
INC
139088
06/102010
000137
CHEVRON AND TEXACO
City vehicles fuel: CM
338.50
338.50
139089
06/102010
004609
CINTAS DOCUMENT
521 doc shred Svcs: PD /CC
132.48
MANAGEMENT
5/14 doc shred Svcs: Police
34.13
166.61
139090
06/102010
005417
CINTAS FIRST AID & SAFETY
first aid supplies:FOC /PW Maint
551.13
first aid supplies: FOC /PW Maint
287.47
838.60
139091
06/102010
012627
CLEAR IMAGE ENTERPRISES
window cleaning: City Hall
420.00
INC
window cleaning: Fld Op Ctr
198.00
window cleaning: Maint Facility
125.00
743.00
139092
06/102010
003997
COAST RECREATION INC
playground equip: PBSP
112.66
112.66
139093
06/102010
004405
COMMUNITY HEALTH
Community Health Charities Payment
66.00
66.00
CHARITIES
139094
06/102010
013286
CONNEXON TELECOM INC
City Emergency Telecom
250.00
250.00
Routing Svcs
139095
06/102010
002945
CONSOLIDATED ELECTRICAL
electrical supplies: theater
343.65
343.65
DIST.
139096
06/102010
012353
CONSTRUCTION TESTING
Apr Geotech Testing:Civic Center
3,111.00
3,111.00
139097
06/102010
001264
COSTCO WHOLESALE
storage products:recreation pgrm
304.91
refreshments: '10 Expo 6/5
97.76
K -9 Food & Supplies: Police
240.25
artist hospitality supplies: theater
355.56
998.48
139098
06/102010
004123
D L PHARES & ASSOCIATES
Jun lease: PD old town storefront
2,828.70
2,828.70
Page:3
apChkLst
Final Check List
Page:4
06/10/2010
1:29:36PM
CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
139099
06/102010
012600
DAVID EVANS & ASSOCIATES
328 -5/1 cnslt svc:butterfield rd ext
19,469.07
19,469.07
INC
139100
06/102010
002990
DAVID TURCH & ASSOCIATES
Jun federal lobbyist Svcs: CM
3,500.00
3,500.00
139101
06/102010
008943
DEPT OF GENERAL SERVICES
case fling: Aroma Spa appeal
66.00
66.00
(DGS)
139102
06/102010
003945
DIAMOND ENVIRONMENTAL
portable restrooms: job expo 4/17
337.25
337.25
SRVCS
139103
06/102010
010572
DISCOUNT TIRE CENTER
tire replacement: Fire Prev vehicle
815.63
815.63
139104
06/102010
004192
DOWNS COMMERCIAL
Fuel for City vehicles: PW Lnd Dv
113.10
FUELING INC
Fuel for City vehicles: PW CIP
302.16
Fuel for City vehicles: PW Maint
1,057.33
Fuel for City vehicles: PW Traffic
226.16
Fuel for City vehicles: Code Enf /Pln
462.70
Fuel for City vehicles: B &S
356.91
Fuel for City vehicles: Police
53.68
Fuel for City vehicles: TCSD
15.32
Fuel for City vehicles: TCSD
1,520.74
4,108.10
139105
06/102010
001669
DUNN EDWARDS
graffiti removal supplies: PW Maint
21.40
21.40
CORPORATION
139106
06/102010
002528
EAGLE GRAPHIC CREATIONS
equipment etch marking: Stn 84
242.78
242.78
INC
139107
06/102010
004068
ECALDRE MANALILI -DE VILLA,
TCSD Instructor Earnings
364.00
AILEEN
TCSD Instructor Earnings
336.00
TCSD Instructor Earnings
238.00
TCSD Instructor Earnings
126.00
TCSD Instructor Earnings
224.00
TCSD Instructor Earnings
126.00
1,414.00
139108
06/102010
004829
ELLISON WILSON ADVOCACY
Jun state lobbyist cnslt: CM
3,500.00
3,500.00
LLC
139109
06/102010
011203
ENVIRONMENTAL CLEANING
Mayjanitorial svcs: field locations
3,811.00
3,811.00
139110
06/102010
013532
EWING, RON
historical presentation: MPSC
100.00
100.00
139111
06/102010
001056
EXCEL LANDSCAPE
landscape maint:harveston slopes
162.00
mainline repair: vineyards
236.10
398.10
Page:4
apChkLst
Final Check List
Page:5
06/10/2010
1:29:36PM
CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
139112
06/102010
012170
E -Z UP DIRECT.COM, LLC
10x10 canopy: Skate Park
250.12
250.12
139113
06/102010
000478
FAST SIGNS
signs: redhawk community park
217.50
217.50
139114
06/102010
009953
FEDERAL CLEANING
Jun janitorial svcs: PD mall office
625.00
625.00
CONTRACTORS
139115
06/102010
003347
FIRST BANKCARD CENTER
PAYPAL
GR Verisign Payfiow Pro Transaction
59.95
TEMECULA, CITY OF
GR cc test bids online: finance
5.00
MARRIOTT HOTEL
JC htl:ntl Ig cty CEDsteering 5/13 -14
235.90
MARRIOTT HOTEL
JC htl:adj chgs 3/10 -17 Wash DC
-87.02
213.83
139116
06/102010
002982
FRANCHISE TAX BOARD
Support Payment
50.00
50.00
139117
06/102010
003946
G T ENTERTAINMENT
balloon decorations: expo 6/5
1,027.69
1,027.69
139118
06/102010
001937
GALLS INC
Uniforms: PD Motorcycle Unit
326.25
Uniform Nameplate: Police
30.45
356.70
139119
06/102010
000177
GLENNIES OFFICE PRODUCTS
Office Supplies: Finance
255.86
INC
Office Supplies: Central Svcs
69.95
Office Supplies: CRC
231.06
Office Supplies: TCCNth Emp
689.59
Office Supplies: Planning Dept
401.66
Office Supplies: PW
259.86
Office Supplies: MPSC
26.09
Office Supplies: Records
37.80
Office Supplies: City Clerk
625.98
Office Supplies: CM
144.30
2,742.15
139120
06/102010
004910
GLOBAL EQUIPMENT
electronic work bench:pw traffic
1,801.89
1,801.89
COMPANY INC
139121
06/102010
009608
GOLDEN VALLEY MUSIC
sttlmnt: Classics at the Merc May'10
916.30
916.30
SOCIETY
139122
06/102010
003792
GRAINGER
stand assembly: Stn 84
39.55
electric supply cord reels: Stn 84
1,582.32
1,621.87
139123
06/102010
005311
H2O CERTIFIED POOL WATER
Mayfountain maint:town square
175.00
SPCL.
May pool maint: CRC/TES
900.00
1,075.00
Page:5
apChkLst
Final Check List
Page:6
06/10/2010
1:29:36PM
CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
139124
06/10/2010
009950
HALL, JONATHAN
reimb: work boots Civic Ctr site work
59.80
59.80
139125
06/10/2010
000186
HANKS HARDWARE INC
Hardware supplies: Old Town
10.10
Hardware supplies: CRC
1,074.22
Hardware supplies: City Hall
69.36
Hardware supplies: Maint Facility
33.44
Hardware supplies: PW Traffic
22.38
Hardware supplies: Library
70.34
Hardware supplies: Harveston
32.47
Hardware supplies: Aquatics
71.31
Hardware supplies: Ch Museum
92.25
Hardware supplies: PW Maint
188.18
1,664.05
139126
06/10/2010
001135
HEALTHPOINTE MEDICAL
Emp Industrial Care Svcs: HR
185.00
185.00
GROUP INC
139127
06/10/2010
004811
HEWLETT PACKARD
(12) HP computer desktops: IS
9,484.95
9,484.95
139128
06/102010
001013
HINDERLITER DE LLAMAS &
2nd qtr sales tax cnslt:finance
4,631.93
4,631.93
ASSOC
139129
06/102010
010210
HOME DEPOT SUPPLY INC,
maint supplies: TCSD
1,488.90
THE
maint supplies: MPSC
101.14
maint supplies: children's museum
37.42
1,627.46
139130
06/102010
002701
HUB INT'L INSURANCE
May special events premiums
1,095.84
1,095.84
SERVCSINC
139131
06/102010
000194
I C M A RETIREMENT -PLAN
I C M A Retirement Trust 457 Payment
6,301.17
6,301.17
303355
139132
06/102010
004406
IGOE & COMPANY INC
May flex benefit plan pmt
220.00
220.00
139133
06/102010
013617
INLAND FIRE PROTECTION
refund:pin ck fee:tilted kilt hood /duct
383.00
383.00
INC.
139134
06/102010
006914
INNOVATIVE DOCUMENT
Apr copier maint /usage: library
1,287.31
SOLUTIONS
Apr copier maint /usage:citywide
7,179.44
8,466.75
139135
06/102010
004884
J & W REDWOOD LUMBER CO
supplies & Iumber:PW Old Town
33.96
33.96
INC
139136
06/102010
012883
JACOB'S HOUSE INC
Jacob's House Charity Payment
220.00
220.00
139137
06/102010
013200
JAROTH INC
Jun pay phone:duck pond,library,crc
212.64
212.64
Page:6
apChkLst
Final Check List
Page:7
06/10/2010
1:29:36PM
CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
139138
06/10/2010
013620
JOHNSTON, KARI
release claims agreement payment
726.53
726.53
139139
06/10/2010
012285
JOHNSTONE SUPPLY
equip maint supplies: city hall
377.20
misc tools: TCSD Parks
44.57
misc tools /equip: TCSD parks
400.96
822.73
139140
06/102010
003046
K F R O G 95.1 FM RADIO
broadcasting: Western Days
760.00
760.00
139141
06/102010
004947
KOSS INTERNATIONAL CORP.
chalk:st painting festival 6/26 -27
931.05
931.05
139142
06/102010
000209
L & M FERTILIZER INC
misc tools /equip: Stn 84
95.32
95.32
139143
06/102010
003605
LAKE ELSINORE STORM
(45) Storm tickets:high hopes 6/18
337.50
337.50
139144
06/102010
000482
LEIGHTON CONSULTING INC
329 -52 geotech svc: 79 N
3,034.50
3,034.50
139145
06/102010
004905
LIEBERT, CASSIDY &
Apr HR legal svcs for TE060 -01
2,288.00
2,288.00
WHITMORE
139146
06/102010
003726
LIFE ASSIST INC
Medical Supplies: Paramedics
113.29
Medical Supplies: Paramedics
13.00
126.29
139147
06/102010
004230
LINCOLN EQUIPMENT INC
competitor pace clock:CRC pool
347.32
347.32
139148
06/102010
013618
LONES, ANNE
refund:lev 2 swim lessons 5102.107
36.00
36.00
139149
06/102010
009263
LOWES HIW INC
10x8 shed:MPSC comm garden
1,140.79
1,140.79
139150
06/102010
008610
M C R STAMPS
Entertainment:high hopes 6/04/10
25.00
25.00
139151
06/102010
004772
MARCO AUTO PAINTING &
Equip repair & maint:PW Maint
538.78
538.78
BODYWORK
139152
06/102010
004141
MAINTEX INC
Misc custodial supplies: crc/foc
255.05
255.05
139153
06/102010
000217
MARGARITA OFFICIALS ASSN
May officiating srvcs:csd sports pgrms
4,760.00
4,760.00
Page:7
apChkLst
Final Check List
Page:8
06/10/2010
1:29:36PM
CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
139154
06/102010
011920
MASTER CONCEPTS LLC
TCSD Instructor Earnings
1,064.00
TCSD Instructor Earnings
997.50
TCSD Instructor Earnings
731.50
TCSD Instructor Earnings
665.00
TCSD Instructor Earnings
332.50
TCSD Instructor Earnings
997.50
TCSD Instructor Earnings
798.00
TCSD Instructor Earnings
1,064.00
TCSD Instructor Earnings
798.00
TCSD Instructor Earnings
332.50
TCSD Instructor Earnings
997.50
8,778.00
139155
06/102010
006571
MELODY'S AD WORKS INC.
Jun mktg & promo srvcs:old town
4,000.00
4,000.00
139156
06/102010
003076
MET LIFE INSURANCE
MetLife Dental Insurance Payment
7,733.34
7,733.34
COMPANY
139157
06/102010
007210
MIDORI GARDENS
Ldscp maint & repair:pablo apis park
220.00
Ldscp maint:tem creek trail park
468.00
Apr Idscp maint srvcs:var parks
70,105.00
70,793.00
139158
06/102010
013443
MIDWEST TAPE LLC
Misc materials: library
9.78
Misc materials: library
849.02
Misc materials: library
108.71
Misc materials: library
16.30
Misc materials: library
14.13
Misc materials: library
217.46
Misc materials: library
109.78
Misc materials: library
687.94
Misc materials: library
92.40
Misc materials: library
40.23
2,145.75
139159
06/102010
012580
MINUTEMAN PRESS
Business cards: J. Lawrence
45.37
Business cards: J. Thomas
45.37
90.74
139160
06/102010
013137
ML 1 ELECTRONICS
Electric supplies:childrens museum
92.19
92.19
WAREHOUSE
139161
06/102010
001892
MOBILE MODULAR
523 -621 modular bldg rental:OATC
619.88
619.88
139162
06/102010
013004
MOBILE TRUCK SERVICE INC
City veh repair & maint:pw maint
480.16
City veh repair & maint:pw maint
562.36
City veh repair & maint:pw maint
37.50
City veh repair & maint:pw maint
545.14
City veh repair & maint:pw maint
1,135.90
2,761.06
139163
06/102010
004586
MOORE FENCE COMPANY
Fencing install:kent hintergardt park
5,888.67
5,888.67
Page:8
apChkLst
Final Check List
Page:9
06/10/2010
1:29:36PM
CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
139164
06/10/2010
002925
NAPA AUTO PARTS
Vehicle Maint Supplies: Paramedics
191.79
191.79
139165
06/102010
008820
NEIGHBORS NEWSPAPER
Jun advertising:Street Painting 626 -27
250.00
250.00
139166
06/102010
010244
NO LIMITS SILK SCREEN
Softball awards:summer/fall pgrm
845.96
845.96
139167
06/102010
009570
O C B REPROGRAPHICS
May reprographic swcs:prkg structure
1,096.88
1,096.88
139168
06/102010
003964
OFFICE DEPOT BUSINESS SVS
Misc office supplies:police old town
618.58
618.58
DIV
139169
06/102010
002105
OLD TOWN TIRE & SERVICE
City Vehicle Maint Svcs: PW Land
246.11
246.11
Dev
139170
06/102010
013127
ON STAGE MUSICALS
Onstage Musical concert 5/30/10
6,667.00
6,667.00
139171
06/102010
001171
ORIENTAL TRADING COMPANY
Recreation Supplies- Parent n Me
83.92
INC
Recreation Supplies - Parent n Me
3.99
Misc supplies:recreation pgrm
270.77
358.68
139172
06/102010
002800
PACIFIC STRIPING INC
Citywide Street Striping program
149,526.06
149,526.06
139173
06/102010
013619
PEDERSEN, NICOLE
refund:water safety instructor
140.00
140.00
139174
06/102010
001320
PELLETIER, JULIE
reimb:Doghouse Prgm supplies
65.16
65.16
139175
06/102010
001958
PERS LONG TERM CARE
PERS Long Term Care Payment
74.62
74.62
PROGRAM
139176
06/102010
009796
PERVO PAINT COMPANY
Stencil paint:pw maint div
3,226.94
3,226.94
139177
06/102010
010338
POOL & ELECTRICAL
Supplies & chemicals:town sq fountain
66.44
66.44
PRODUCTS INC
139178
06/102010
011549
POWER SPORTS UNLIMITED
City Veh Repair & Maint: Police
406.09
406.09
Motorcycle
139179
06/102010
005820
PRE -PAID LEGAL SERVICES
PrePaid Legal Services Payment
408.55
408.55
INC
139180
06/102010
000254
PRESS ENTERPRISE
6/19/10 - 6/17/11 subscr: Pln 9575818
175.76
175.76
COMPANY INC
Page:9
apChkLst Final Check List Page:10
06/10/2010 1:29:36PM CITY OF TEMECULA
Check# Date Vendor
139181 06/10/2010 012904 PRO ACTIVE FIRE DESIGN
139182 06/10/2010 004529 QUAID TEMECULA
HARLEY - DAVIDSON
139183 06/10/2010 003591 RENES COMMERCIAL
MANAGEMENT
Description
May Plancheck Svc: Fire Prev
May'10 veh maint:pd motorcycles
Weed abatementcitywide
Trash & debris clean up:City R.O.W
Weed abatementcitywide
139184
06/10/2010
002110
RENTAL SERVICE
Small tools and equipment: crc
139194
06/102010
013169
CORPORATION
May catalog artifacts :history museum
139185
06/10/2010
005807
RESOURCE STRATEGIES INC
Aerial imagery & compression swcs:GIS
139186
06/102010
002412
RICHARDS WATSON &
credit:billing adj/171433
139197
06/102010
004814
GERSHON
Apr Dsgn:Main Street Bridge /Murr Creek
INC
Apr 2010 legal services
139187
06/102010
010087
RIGGS & RIGGS INC
consulting services:Diaz Rd /Dendy Pkwy
139188
06/102010
000418
RIVERSIDE CO CLERK &
Ntc /determination:ped /bike bridge
RECORDER
139189 06/102010 000406 RIVERSIDE CO SHERIFFS
DEPT
139190 06/102010 000277 S & S ARTS & CRAFTS INC
iKP➢ F➢t rP. ii[pYA ➢[rirPP.L[rEE9_1yx�771x�7 <9
2/25-3/24 law enforcement
Apr'10 booking fees
Misc supplies:Parent and Me pgrm
Payroll check stock: finance
139192 06/102010 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment
139193
06/102010
009980
SANBORN, GWYN
Country @ the Merc 529/10
139194
06/102010
013169
SCHINSKY, WILLIAM C
May catalog artifacts :history museum
139195
06/102010
008529
SHERIFF'S CIVIL DIV -
Support Payment
CENTRAL
139196
06/102010
008529
SHERIFF'S CIVIL DIV -
Support Payment
CENTRAL
139197
06/102010
004814
SIMON WONG ENGINEERING
Apr Dsgn:Main Street Bridge /Murr Creek
INC
Amount Paid
6,473.55
1,463.72
10,975.00
3,323.00
3,750.00
244.65
8,482.50
-17.14
111,319.66
2,000.00
2,074.25
1,437,817.93
5,939.52
301.65
715.81
907.93
663.00
1,225.00
200.00
100.00
2,785.25
Check Total
6,473.55
1,463.72
18,048.00
244.65
8,482.50
111,302.52
2,000.00
2,074.25
1,443,757.45
301.65
715.81
907.93
663.00
1,225.00
200.00
100.00
2,785.25
Page:10
apChkLst
Final Check List
Page:11
06/10/2010 1:29:36PM
CITY OF TEMECULA
Check # Date Vendor
Description
Amount Paid
Check Total
139198 06/10/2010 000645 SMART & FINAL INC
Misc supplies: mpsc/high hopes
294.67
Misc supplies: recreation pgrm
16.05
310.72
139199 06/10/2010 000537 SO CALIF EDISON
May 2 -00- 397 - 5067:40499 calle medusa
1,865.23
Jun 2-02-351-5281 CRC
4,218.08
Jun 2 -20- 798 - 3248:42081 main st
1,325.50
Jun 2 -10- 331 - 2153:28816 pujol st
736.73
Jun 2 -30- 066 - 2889:30051 rncho vista
21.84
May2 -31- 936 - 3511:46488 pechanga
43.10
May 2 -29- 657 - 2563:42902 butterfield
173.66
May 2 -27- 805 - 3194:42051 main st
3,563.85
May 2 -28- 629 - 0507:30600 pauba rd
6,432.78
May 2 -00- 397- 5042:city hall
4,959.64
May 2 -31- 536 - 3228:28690 mercedes
375.37
May 2 -29- 458 - 7548:32000 rncho cal
258.14
May 2 -29- 953 - 8447:31738 wolf vly rd
21.11
May 2 -30- 220 - 8749:45850 n wolf crk
287.26
May 2 -02- 502- 8077:Maint Facq
1,289.41
May 2 -29- 953 - 8249:464 wolf crk dr
21.11
May 2 -25- 393 - 4681:41951 moraga rd
416.48
May 2 -29- 657 - 2332:45538 redwood
21.11
May 2 -29- 953 - 8082:31523 wolf vly rd
24.19
May 2 -31- 031 - 2590:28301 rncho cal
45.71
May 2 -29- 479 - 2981:31454 tem pkwy
99.31
May 2 -29- 974 - 7899:26953 ynez LS3
179.73
May 2 -30- 520 - 4414:32781 tem pkwy LS3
423.73
May 2 -05- 791 - 8807:31587 tem pkwy LS3
9,755.31
36,558.38
139200 06/10/2010 001212 SO CALIF GAS COMPANY
May 129 - 582 - 9784 -3:FOC
140.23
May 091 - 085 - 1632 -0:TES pool
330.67
470.90
139201 06/102010 012652 SOUTHERN CALIFORNIA
Jun general phone usage
93.98
93.98
139202 06/102010 007762 STANDARD INSURANCE
Mandatory Life Insurance Payment
9,585.72
9,585.72
COMPANY
139203 06/102010 012723 STANDARD INSURANCE
Voluntary Supp Life Insurance Payment
677.90
677.90
COMPANY
139204 06/102010 013450 STILETTOS, THE
Entertainment: concert series 6/17
1,000.00
1,000.00
139205 06/102010 000465 STRADLEY, MARY KATHLEEN
TCSD Instructor Earnings
201.60
TCSD Instructor Earnings
436.80
TCSD Instructor Earnings
369.60
1,008.00
139206 06/102010 004213 STRAND HOLDINGS LLC
Lifeguard Tower Umbrellas:Aquatics
435.00
435.00
Page: 11
apChkLst
Final Check List
Page:12
06/10/2010
1:29:36PM
CITY OF TEMECULA
Check #
Date
Vendor
Description
Amount Paid
Check Total
139207
06/10/2010
008164
SUN CITY GRANITE INC
Paver engraving:veterans memorial
1,112.00
1,112.00
139208
06/102010
011667
T & T JANITORIAL INC
May janitorial srvcs:city fac's
7,073.83
May cleaning srvcs:police storefront
790.00
7,863.83
139209
06/102010
011897
TAG /AMS INC
Apr Screening:HR
260.00
260.00
139210
06/102010
000305
TARGET BANK BUS CARD
Misc. supplies:date night
42.08
SRVCS
Hospitality supplies:theater
135.88
Hospitality supplies:theater
9.40
Recreation supplies: mpsc
76.25
Misc supplies:aquatics pgrm
535.35
798.96
139211
06/102010
001547
TEAMSTERS LOCAL 911
Union Dues Payment
4,854.00
4,854.00
139212
06/102010
010679
TEMECULAAUTO
City vehicle repair& maint: Fire Prev
82.81
82.81
REPAIR /RADIATOR
139213
06/102010
000168
TEMECULA FLOWER CORRAL
May'10 sunshine fund
68.46
68.46
139214
06/102010
010061
TEMECULA OLIVE OIL
mpsc excursion: olive oil tasting
150.00
150.00
COMPANY
139215
06/102010
010848
TEMECULA PLANTSCAPE
May plant lease srvcs:Library
200.00
200.00
139216
06/102010
011736
TEMECULA TROPHY INC
Youth Court awards: Police
190.31
190.31
139217
06/102010
003067
TEMECULA VALLEY R V
Veh repair & maint:pd command post
428.84
428.84
SERVICE
139218
06/102010
004274
TEMECULA VALLEY SECURITY
locksmith srvcs: crc
12.50
CENTR
locksmith srvcs: crc
12.51
25.01
139219
06/102010
010276
TIME WARNER CABLE
Jun high speed internet:city hall
241.66
Jun high speed internet: 42081 main st
58.28
299.94
139220
06/102010
000668
TIMMY D PRODUCTIONS INC
deposit /entertainment: 4th ofjuly
9,750.00
9,750.00
139221
06/102010
007766
UNDERGROUND SERVICE
May undrgrnd svcs alert tickets: PW
192.00
192.00
ALERT
139222
06/102010
000325
UNITED WAY
United Way Charities Payment
62.00
62.00
Page:12
apChkLst Final Check List Page:13
06/10/2010 1:29:36PM CITY OF TEMECULA
Check #
Date
Vendor
Description
139223
06/10/2010
013535
VALDESPINO, ANTOINETTE
Holiday decor refurbish pgrm
139224
06/102010
004261
VERIZON
May xxx -1999 general usage
Jun xxx -4200 general usage
May xxx -0049 gen usage:comerchero
Jun xxx -5180 gen usage:79S irrig ctr
Jun xxx -7530 gen usage:Library
Jun xxx -8900 gen usage:TP Library
139225
06/102010
004848
VERIZON SELECT SERVICES
May long distance phone svcs
INC
May long distance phone svcs
139226
06/102010
010487
WATSON, LUKE
reimb:4 /3/10 - 5/3/10 phone usage
139227 06/102010 003776 ZOLL MEDICAL CORPORATION Medical supplies: Medics
Amount Paid Check Total
950.00 950.00
41.22
948.59
36.55
39.60
430.61
790.41 2.286.98
56.70
32.03 88.73
36.50 36.50
1,058.17 1,058.17
Grand Total All Checks: 2,758,123.12
Page:13
Item No. 4
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Andre O'Harra, Chief of Police
DATE: June 22, 2010
SUBJECT: Agreement for Law Enforcement Services with the County of Riverside
PREPARED BY: Heidi Schrader, Senior Management Analyst
RECOMMENDATION: That the City Council authorize approval of the law enforcement
agreement with the County of Riverside for a term of five years and authorize the Mayor to execute
the agreement in final form.
BACKGROUND: The City of Temecula has contracted with the County of Riverside on
behalf of the Sheriff's Department for law enforcement services since incorporation. On June 28,
2005, the City Council approved the existing five -year agreement for law enforcement services with
the County of Riverside authorizing 96 sworn Officers. Subsequent annual amendments to the
agreement have been approved by the Council, bringing the total number of sworn officers to 109.
There are no proposed increases to the Sheriff's agreement for the current fiscal year. Two
motorcycle positions and one K9 team which were unfilled in the previous fiscal yearwill be filled this
year with no change to the contracted number of Officers. With the increase in population in
Temecula, this results in a sworn Officer ratio of one Officer for every 1,000 residents. An
amendment to the law enforcement agreement will be brought to council at the beginning of each
fiscal year to make staffing changes if necessary.
FISCAL IMPACT: The amount of $20,120,033 has been included in the fiscal year
2010 -11 Police Department operating budget to cover the costs associated with contracted staffing
and related costs.
ATTACHMENT: Agreement for Law Enforcement Services between the City of
Temecula and the County of Riverside.
AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF TEMECULA
AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT is made and entered into by and between the CITY OF TEMECULA, a
General Law City, hereinafter "City," and the COUNTY OF RIVERSIDE, a political subdivision of the
State of California, on behalf of the Riverside County Sheriff's Department, hereinafter "County."
IT IS THEREFORE AGREED AS FOLLOWS:
i�I=1[7PA
1.1 Effective Dates. This Agreement shall be effective from July 1, 2010 through June
30, 2015.
1.2 Renewal. In the event City desires to terminate this Agreement at the end of any
current five (5) year period, the City Council, not later than twelve (12) months preceding the
expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of
Supervisors that it wishes to terminate the same; otherwise, this Agreement shall be automatically
renewed for an additional five (5) year period at the level of service then currently in effect. As a
matter of convenience to the parties hereto, and in order to facilitate continuity of the law
enforcement services provided to City, the parties may mutually approve and ratify any automatic
renewal of this Agreement retroactively to the effective date of such automatic renewal.
1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either
party may terminate this Agreement as of the beginning of the first day of July of any year upon
notice in writing to the other party of not less than twelve (12) months prior thereto.
2. SCOPE OF SERVICE
2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police
protection within the corporate limits of Cityto the extent and in the manner hereinafter set forth. The
services shall encompass duties and functions of the type falling under the jurisdiction of and
customarily rendered by a police department of the City under State statutes. Such services shall
include the enforcement of State statutes and the City codes and ordinances. Services shall also
include traffic enforcement and related services to the extent possible given the size of the force
provided for in this Agreement. County agrees to provide all investigative support necessary to
complete criminal investigations conducted hereunder.
2.2 California Identification System (CAL -ID) and Records Management System (RMS).
City agrees as a condition of receiving services hereunder to participate in CAL -ID and RMS under
the terms and conditions set forth in this Section.
2.2A Definitions. For purposes of this agreement the following definitions shall apply:
a) Records Management System (RMS) Functions shall mean the software
functions provided to City by County, which are supplied by the RMS. These functions shall include
inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master
Location Index and Jail Locator databases.
b) The California Law Enforcement Telecommunications System Access
(CLETS shall mean that access to the Department of Justice computers provided by count to City.
C) Work Station shall mean those County devices and software which are used
by City to access RMS functions and the CLETS.
d) LAWNET shall mean the County's law enforcement telecommunications
network consisting of County provided data circuits, digital service units, routers, hubs and other
County provided hardware and software that is used by City to connect work stations to RMS
services as defined below.
e) County Services shall mean the collective hardware and software, LAWNET,
work stations, RMS functions and CLETS.
2.213 Scope of RMS Services. County agrees to provide to City full access to the RMS and
CLETS systems. CLETS access will be provided within the scope of the CLETS access rules and
regulations as established by the California State Department of Justice.
2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision
of County Services, the standards of performance and other matters incident to the performance of
such services, shall remain with County. Security of the host system and control of LAWNET shall
remain with County. The County shall furnish all labor and equipment forthe host system necessary
to maintain the level of service rendered hereunder. In the event City chooses to provide PC -based
equipment for services defined herein, the equipment must be configured in accordance with County
specifications. Further, City shall not alter the configuration of any PC -based equipment used to
provide services herein without the permission of Sheriff's Information Technology Officer.
2.2D Compensation.
a) Payment Basis. City shall reimburse County the cost of rendering services at
rates established by the County Board of Supervisors. These rates shall include all items of cost
and expense to the Sheriff for providing this service, and shall be adjusted periodically to reflect
changes in the cost of service provision. City shall be notified of any change in the rates to be
charged City prior to submittal of the proposed change to the County Board of Supervisors for
adoption, and City shall be given the opportunity to review the proposed change with County
personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City,
and said new rates shall take effect on the same date as County incurs the associated costs.
b) Payment Remittance. County shall provide to City an itemized quarterly
statement of the costs for services being charged for said quarter. City shall remit payment to the
invoicing department within thirty (30) days after receipt of such billing.
3. LEVEL OF SERVICE
3.1 Level of Service Specified. County shall provide law enforcement services at the
level specified in Attachment A, attached hereto and incorporated herein by this reference.
3.2 Variation in Level of Service. Variation in the level of service shall be made by
amendment, as provided for in Section 10 of this Agreement, and under the following terms:
If City requests an increase in the level of service to be provided under this
Agreement, County agrees to provide such increased level of service as soon as is practicable,
consistent with the ability of the Sheriff to do so.
If City elects to reduce the level of service provided herein by ten percent (10 %) or
greater, City must give notice in writing to County not less than twelve (12) calendar months prior to
the effective date of such reduction. If City elects to reduce the level of service provided herein by
less than ten percent (10 %), County agrees to reduce the level of service accordingly as soon as it
is practicable. The level of service, however, may not be reduced to below the minimum level, as
determined by County, required to ensure public and officer safety.
4. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT
4.1 Supervision. Supervision over the rendition of law enforcement services, the
standards of performance, the discipline of officers, and other matters incidentto the performance of
such services and the control of personnel so employed, shall remain with County.
4.2 Labor and Equipment. For the purpose of performing said services, County shall
furnish and supply all labor, supervision, equipment, communication services, and supplies
necessary to maintain the level of service to be rendered hereunder. Location of the above will not
necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all
instances where specific equipment used solelyto support specialized enforcement activities within
the City not normally provided by the Sheriff is to be used, or where special supplies, stationery,
notices, forms, and the like related to law enforcement are to be issued in the name of City, such
equipment and materials shall be supplied by City at its own cost and expense. Any such special
equipment or materials so purchased by City shall meet with the Sheriff's specifications, shall
remain within the City limits, and ownership title thereto shall remain with City.
4.3 City -Owned Motorcycles and Vehicles. In the event City chooses to provide
motorcycles or vehicles for use in providing services hereunder, the motorcycles or vehicles shall
meet minimum specifications furnished by County, shall be adequately equipped and readyfor use,
and shall be registered in the name of City. City shall bear the cost of maintenance, fuel, licensing,
and any and all expenses associated with use of the vehicle for the provision of services hereunder,
which is inclusive of responsibility for any and all cost for physical damage to the City -owned
motorcycles or vehicles. However, County shall be responsible for the cost of all third party liability
caused by the operation of the City -owned motorcycles or vehicles, including the property damage
caused by the negligence or wrongful acts of County officers and employees while operating City -
owned motorcycles and vehicles. Motorcycles and vehicles owned by City shall be used only for
City- approved functions.
4.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the city -
owned vehicles in an amount equal to the replacement value of all vehicles provided to the County
under this agreement. Policy shall, by endorsement, name the County of Riverside, its
Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of
Supervisors, elected and appointed officials, employees, agents, or representatives as Additional
Insureds. Such insurance may be provided through a program of self- insurance.
General Insurance Provisions - All lines:
a) Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8)
unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk
Manager waives a requirement for a particular insurer such waiver is only valid for that specific
insurer and only for one policy term.
b) The Contractor shall cause their insurance carrier(s) to furnish the County of
Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies
of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in
writing by the County Risk Manager, provide original Certified copies of policies including all
Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance
carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of
Riverside prior to any material modification or cancellation of such insurance. In the event of a
material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless
the County of Riverside receives, prior to such effective date, another properly executed original
Certificate of Insurance and original copies of endorsements or certified original policies, including
all endorsements and attachments thereto evidencing that the coverage and the insurance required
herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its
behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If
County is utilizing City -owned vehicles, operations shall not commence until the County of Riverside
has been furnished original Certificate (s) of Insurance and certified original copies of endorsements
or policies of insurance including all endorsements and any and all other attachments as required in
this Section.
C) It is understood and agreed by the parties hereto and the Contractor's
insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall
be construed as primary insurance, and the Countys insurance and /or deductibles and /or self -
insured retentions or self- insured programs shall not be construed as contributory.
5. EMPLOYMENT STATUS OF PERSONNEL
5.1 Employment Status. Any person employed by County for the performance of
services and functions pursuant to this Agreement shall remain employees of County on special
assignment to City for the purposes of this Agreement, and shall not be considered employees of
City. No such County employee shall have any entitlement to compensation, workers' compensation
coverage, pension, or civil service benefits from City.
5.2 Chief of Police. Subject to the conditions set forth in Sections 5.1 Employment
Status and 9. ADMINISTRATON of this Agreement, the Contract City Commander works as a
member of the City's Executive Staff serving as the Chief of Police. The Chief of Police will report
directlyto the Temecula City Manager to ensure local input and control over the qualityand service
and to identify goals and programs that create a safer environment for the citizens. He or she or a
designated Temecula Police Department Manager, will attend council meetings, City staff meetings
and council meetings at the request of the City Manager in order to be available to the community to
discuss their needs and maintain a high level of communication and mutual cooperation. The Police
Chief and the Police Department are active members of the City they serve.
5.3 Labor Shortage. In the event of a work slow -down, strike, or any other form of job
action by those individuals assigned to City, County agrees to provide only that level of service
which may be available through mutual aid, pursuant to Government Code Section 8615, et seq.
City shall be billed only for the actual hours of service received.
6. COMPENSATION
6.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder
at rates established by the County Board of Supervisors, which rates shall include all items of cost
and expense to the Sheriff for providing the services hereunder. Such cost of services shall be
established in the form of hourly rates for Sheriff's Department personnel, vehicle mileage rates,
facility use rates and RMS transaction fees. "Cost" as used herein shall not include items of expense
attributable to services normally provided or available to all territory within the County as part of
County's obligation to enforce State law. In addition to any other fees or costs set forth herein,
County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal
justice administrative fee consistent with Government Code Section 29550 with respect to arrests
made by County employees pursuant to this Agreement just as if such arrests had been made by
City employees. Pursuant to Government Code Section 51350, County shall not charge City for
services it would provide to any city in the County free of charge. These services, which are
provided at the discretion of County, could typically include the services of the Sheriff's Special
Investigations Bureau, Emergency Services Team, Canine Unit, and Aviation Unit.
6.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically,
but not more than once each fiscal year, to reflect any changes in the cost to County for providing
services hereunder. City shall be notified of any change in the rates to be charged City prior to
submittal of the proposed change to the County Board of Supervisors foradoption, and City shall be
given the opportunity to review the proposed change with County personnel. City shall, thereafter, be
notified of adoption by County of the rates to be charged City, and said new rates shall take effect
on the same date as County incurs the associated costs. Should City, subsequent to a rate
adjustment, choose not to appropriate or expend any additional monies needed to support the level
of service theretofore supplied, County reserves the right to reduce the level of service in
accordance with the amount City is willing to expend.
6.3 Payment of Costs. County, through the Sheriff's Department, shall provide to City
within 30 days of the conclusion of each calendar month an itemized statement of the costs for
services being charged for said month. City shall remit payment to the invoicing department within
30 days after receipt of such statement. If such payment is not received by the County within thirty
(30) days after rendition of billing, County may satisfy such indebtedness from any funds of the City
on deposit with County without giving further notice to the City of County's intention to do so, or may
use any other remedy provided by law.
6.4 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to
the level of service described herein, there will be an associated field training cost for each
additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks
of training on a one -time basis for each additional Deputy position. Said cost will be charged at the
Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be
provided within 30 days of the Board of Supervisors approval of any new positions. Field training
costs will not apply to supervisory or classified positions added to the level of service.
INDEMNIFICATION AND HOLD HARMLESS
7.1 Indemnification by City. City shall indemnify and hold County, its officers, agents,
employees and independent contractors free and harmless from any claim or liability whatsoever,
based or asserted upon any act or omission of City, its officers, agents, employees, volunteers,
subcontractors, or independent contractors, for propertydamage, bodily injury or death, or anyother
element of damage of any kind or nature arising out of the performance of this Agreement to the
extent that such liability is imposed on County by the provisions of California Government Code
Section 895.2 or other applicable law, and City shall defend at its expense, including attorneyfees,
County, its officers, agents, and employees and independent contractors in any legal action or claim
of any kind based upon such alleged acts or omissions.
7.2 Indemnification by County. County shall indemnify and hold City, its officers, agents,
employees and independent contractors free and harmless from any claim or liability whatsoever,
based or asserted upon any act or omission of County, its officers, agents, employees, volunteers,
subcontractors, or independent contractors, for property damage, bodily injury or death, or any other
element of damage of any kind or nature arising out of the performance of this Agreement to the
extent that such liability is imposed on City by the provisions of California Government Code Section
895.2 or other applicable law, and County shall defend at its expense, including attorney fees, City,
its officers, agents, employees and independent contractors in any legal action or claim of any kind
based upon such alleged acts or omissions.
8. MEMORANDA OF UNDERSTANDING
If requested by City or by County, a memorandum of understanding will be entered into by
and between City (or its administrative designee) and County (or its administrative designee) with
respect to any question relating to the provision of services under this Agreement. Such
memorandum shall set forth the questions raised and such terms and conditions as have been
agreed upon between City and County in resolution of the question. The intent and purpose of such
memorandum shall be to implement, interpret, or clarify one or more provisions of this Agreement.
No such memorandum shall have the effect of altering any of the provisions of this Agreement,
unless executed in the form of an Amendment as provided for under Section 10 of this Agreement.
In the event of any inconsistency between the terms of such memorandum and the terms of this
Agreement, the terms of this Agreement shall govern.
9. ADMINISTRATION
The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff
shall administer this Agreement on behalf of County.
9. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal
understanding of the parties, their officers, agents, or employees, shall be valid unless made in the
form of a written amendment to this Agreement which is formally approved and executed by both
parties.
10. NOTICES
Any notices required or desired to be served by either party upon the other shall be
addressed to the respective parties as set forth below:
County
Stanley L. Sniff Jr., Sheriff
Riverside County Sheriffs Department
Post Office Box 512
Riverside, California 92502
City
City of Temecula
43174 Business Park Drive
Temecula, CA 92590
Attn: City Manager
Or to such other addresses as from time to time may be designated by the respective parties.
An information copy of any notice to County shall also be sent to:
Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1st Floor
Riverside, California 92501
11. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remaining provisions shall continue in full force and effect.
13. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that
degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers
in performance of the duties required by this Agreement.
14. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event
any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this
Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.
15. ENTIRE AGREEMENT
This Agreement is intended bythe parties hereto as a final expression of their understanding
with respect to the subject matter hereof and as a complete and exclusive statement of the terms
and conditions thereof and supersedes any and all prior and contemporaneous agreements and
understandings, oral or written, in connection therewith.
IN WITNESS WHEREOF, the City of Temecula, by minute order or resolution duly adopted
by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by
its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this
Agreement to be subscribed by the Chairman of said Board and sealed and attested bythe Clerk of
said Board. all on the dates indicated below.
CITY OF TEMECULA
Dated:
ATTEST:
0
Susan W. Jones, CMC
City Clerk
Dated:
ATTEST:
Kecia Harper -Them
Clerk of the Board
By:
Deputy
By:
Jeff Comerchero, Mayor
APPROVED AS TO FORM:
93
Peter M. Thorson, City Attorney
COUNTY OF RIVERSIDE
go
Marion Ashley, Chairman
Riverside County Board of Supervisors
rel i fell@] : 1 LVi14 01111 r9
IN III W K S I a I=I L V i l =10111 W i l
LEVEL OF SERVICE
Average Patrol Services
• 185.0 supported hours per day. (Approximate equivalent of thirty -eight (38) Deputy Sheriff
positions @ 1,780 annual productive hours per position standard.)
Dedicated Positions
• Two (2) Sheriff's Lieutenant positions
• Three (3) Sheriff's Sergeant positions
• Seven (7) Deputy Sheriff (fully supported) positions - Special Enforcement Team
• Four (4) Deputy Sheriff (fully supported) positions- Mall Officers
• Eighteen (18) Deputy Sheriff (fully supported) positions- Traffic /Motorcycle Team
• Two (2) Deputy Sheriff (fully supported) positions -K -9 Deputies
• One (1) Deputy Sheriff (unsupported) position -Gang Task Force
• One (1) Deputy Sheriff (fully supported) position- Southwest Corridor Task Force
• Five (5) Deputy Sheriff (unsupported) positions - School Resource Officers (year- round)
• Eighteen (18) Community Service Officer II positions
• Three (3) Community Service Officer I positions
Item No. 5
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: June 22, 2010
SUBJECT: Multiple Species Habitat Conservation Plan Fee Schedule for Fiscal Year 2010 -11
(LR10 -0013)
PREPARED BY: Dale West, Associate Planner
RECOMMENDATION: That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE APPLICABLE MULTIPLE SPECIES
HABITAT CONSERVATION MITIGATION FEES SCHEDULE FOR
THE FISCAL YEAR 2010 -11 TO MAINTAIN FEE RATES AT
FISCAL YEAR 2009 -10 LEVELS (LR10 -0013)
BACKGROUND: Pursuant to Chapter 15.10 of the City of Temecula Municipal Code
entitled "Multiple Species Habitat Conservation Mitigation Fee," the City requires developers to pay
their fair -share of the costs of acquiring and preserving vegetation communities and natural areas
within the City and the region which are known to support plant and wildlife species covered by the
Multiple Species Habitat Conservation Plan ( MSHCP). The MSHCP fee is collected in accordance
with Government Code Section 66000 et seq.
On January 9, 2007, the City Council adopted Ordinance No. 07 -01, which provided for an
automatic annual adjustment of the fee based on the percentage increase or decrease, if any, of the
Los Angeles- Anaheim - Riverside area Consumer Price Index (CPI). The CPI factor for the Fiscal
Year beginning July 1, 2010, would result in a 1.832% increase in the MSHCP fee over the Fiscal
Year 2009 -10 MSHCP rate structure.
On May 3, 2010, the Regional Conservation Authority (RCA) Board of Directors, the agency
overseeing the implementation of the MSHCP, took action to suspend the automatic annual CPI
adjustment for Fiscal Year 2010 -11. The RCA has informed the participating cities of their actions
and recommends that member agencies continue to collect MSHCP fees at the Fiscal Year 2009 -10
rates for Fiscal Year 2010 -11.
In recognition of the hardship faced by developers and potential homebuyers in a challenging
economic climate, it is recommended that the automatic annual adjustment for Fiscal Year 2010 -11
MSHCP fees be suspended for one year, and the MSHCP fees remain unchanged from Fiscal Year
2009 -10. Therefore, the adoption of this resolution will not increase fee levels; rather, the proposed
MSHCP fee schedule for Fiscal Year 2010 -11 will remain the same as the fee rates for Fiscal Year
2009 -10. It is also recommended that the automatic annual adjustment will resume in Fiscal Year
2011 -12 based on provisions of Ordinance No. 07 -01.
PROPOSED MSHCP FEE SCHEDULE FOR FISCAL YEAR 2010 -11
FISCAL IMPACT: The MSHCP fee is a pass- through fee collected by the City and
transferred to the RCA for implementation of the MSHCP. As a result, no fiscal impact to the City is
expected as a result of maintaining the MSHCP fee rates at the Fiscal Year 2009 -10 levels for Fiscal
Year 2010-11.
ATTACHMENT: Resolution
Current Fee Per Unit
Propose Fee Per Unit
Fee Category
Units
07/01/09- 06/30/10
07/01/10- 06/30/11
Residential, density less than 8.0
DU /AC
DU
$1,938
$1,938
Residential, density between 8.0
and 14.0 DU /AC
DU
$1,241
$1,241
Residential, density greater than
14.0 DU /AC
DU
$1,008
$1,008
Commercial
Acre
$6,597
$6,597
Industrial
Acre
$6,597
$6,597
FISCAL IMPACT: The MSHCP fee is a pass- through fee collected by the City and
transferred to the RCA for implementation of the MSHCP. As a result, no fiscal impact to the City is
expected as a result of maintaining the MSHCP fee rates at the Fiscal Year 2009 -10 levels for Fiscal
Year 2010-11.
ATTACHMENT: Resolution
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE APPLICABLE
MULTIPLE SPECIES HABITAT CONSERVATION
MITIGATION FEES SCHEDULE FOR THE FISCAL YEAR
2010 -11 TO MAINTAIN FEE RATES AT FISCAL YEAR
2009 -10 LEVELS (LR10 -0013)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find
determine and declare that:
A. The City Council passed Ordinance No. 03 -14 on January 13, 2004,
adding Chapter 15.10 to the Temecula Municipal Code establishing a local development
mitigation fee for funding the preservation of natural ecosystems in accordance with the
Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and
pursuant to California Government Code Sections 66000 et seq. authorizing the City to
impose the MSHCP fee upon new development.
B. Pursuant to Chapter 15.10 of the Temecula Municipal Code the City of
Temecula imposes the Multiple Species Habitat Conservation Fee in accordance with
State law in order to acquire and preserve vegetation communities and natural areas
within the City and the region which are known to support plant and wildlife species
covered by the Multiple Species Habitat Conservation Plan (MSHCP).
C. Ordinance No. 07 -01 adopted on January 9, 2007 amended Section
15.10.090 of the Temecula Municipal Code to provides for an automatic annual
adjustment of the MSCHP fee based on the percentage change, if any, of the Los
Angeles- Anaheim - Riverside area Consumer Price Index (CPI).
D. Recent changes in the real estate market have created significant
hardships for the development of many types of projects including residential
commercial and industrial projects and the consequent loss of many jobs and
businesses in the City.
E. On May 3, 2010, the Regional Conservation Authority took action to not
implement the automatic annual CPI adjustment for Fiscal Year 2010 -11, thereby
maintaining the same fee schedule as adopted in Fiscal Year 2009 -10.
F. By the adoption of this Resolution the City Council intends to reduce
development costs so as to support the local economy and assist in the creation and
maintenance of jobs and businesses in the City.
Section 2. The MSHCP fees required to be paid in Fiscal Year 2010 -11
between July 1, 2010 and June 30, 2011, shall remain the same as those in effect in
Fiscal Year 2009 -10. The automatic annual adjustment provisions of Section 15.10.090
of the Temecula Municipal Code shall resume and be in effect for Fiscal Year 2011 -12.
Section 3. Except as specifically provided in this Resolution all other terms of
Section 15.10.090 shall remain in full force and effect.
Section 4. The City Council hereby determines, in accordance with 14 Cal.
Code Reg. Section 15061(b) of the California Environmental Quality Act Guidelines
( "CEQA Guidelines "), that the Multi- Species Habitat Conservation Fees as described in
this Resolution is not a "project' within the meaning of Section 15378 of the CEQA
Guidelines, and is therefore exempt from the requirements of CEQA. This Resolution,
in conjunction with Chapter 15.10 of the Temecula Municipal Code, establishes a
funding mechanism for acquiring and preserving vegetation communities and natural
areas within the City and the region which are known to support plant and wildlife
species. This Resolution will have no effect on the environment. Pursuant to CEQA
Guidelines Section 15061(d) and 15062, the City Manger is hereby directed to cause a
notice of Exemption to be prepared, executed and filed for the foregoing determination
in the manner required by law, that this is not a project under the California
Environmental Quality Act and therefore, no environmental impact assessment is
necessary.
Section 5. This Resolution shall be effective on July 1, 2010.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of June, 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 22nd day of June, 2010, by the
following vote:
F- Ayd:.Ko1l1►NllNdiIAdil:l:4:63
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
Item No. 6
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: June 22, 2010
SUBJECT: Western Riverside Energy Leadership Partnership
PREPARED BY: Dale West, Associate Planner
RECOMMENDATION: That the City Council
1. Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA SUPPORTING, ENDORSING AND PARTICIPATING
WITH SOUTHERN CALIFORNIA EDISON, WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS AND ITS PARTICIPATING
MEMBER CITIES IN AN ENERGY LEADERSHIP PARTNERSHIP
TO BE KNOWN AS "THE WESTERN RIVERSIDE ENERGY
LEADERSHIP PARTNERSHIP" (LR10 -0012)
BACKGROUND: The Western Riverside Council of Governments ( WRCOG) and
Southern California Edison (SCE) have been working togetherto form an energy partnership, known
as the Western Riverside Energy Leadership Partnership. The Partnership, consisting of 11
WRCOG member cities, is designed to seek ways to improve energy efficiency at participating
government owned facilities and to improve marketing and outreach to the Western Riverside
County community.
Staff has been working with WRCOG and SCE to enable the City's participation in this Partnership.
The Partnership provides performance -based SCE's programs and incentives for participating cities
to demonstrate energy efficiency leadership within their communities through energy saving actions,
including retrofitting and implementing measures at municipal facilities, as well as providing
opportunities for the community to take action in their homes and businesses.
The Partnership will focus on six key areas:
1. Educating local government and residents on energy efficiency.
2. Working closely with SCE to more effectively implement existing programs.
3. Working with participating jurisdictions to retrofit existing governmental facilities
4. Seeking innovative approaches to energy efficiency.
5. Implementation of California's Long Term Energy Efficiency Strategic Plan
6. Providing increased pool pump rebates.
Approximately $1.1 million is budgeted over a three -year period, funded by SCE with WRCOG
acting as the administrator of the program.
The City of Temecula's participation in the Partnership will assist the Citywith effectively leading the
community to increase energy efficiency, reduce greenhouse gas emissions, increase renewable
energy usage, protect air quality, and ensure that their communities are more livable and
sustainable, all of which are consistent with the goals outlined in the draft City of Temecula
Sustainability Plan.
Participation in the Partnership will also result in the development of an energy management
program, access to more significant financial incentives offered by SCE, and cost savings at City
facilities. Participation in the Partnership is entirely voluntary and no financial commitment required
in order to participate.
FISCAL IMPACT: No fiscal impact is anticipated. There is no financial commitment
required of the City to participate in the Partnership. Participation in the Partnership does however
require that a staff person be designated as a liaison and attend quarterly meetings. It is anticipated
that the City's participation in the Partnership will result in cost savings at City facilities that utilize the
program benefits.
ATTACHMENTS: Resolution
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA SUPPORTING, ENDORSING AND
PARTICIPATING WITH SOUTHERN CALIFORNIA
EDISON, WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS AND ITS PARTICIPATING MEMBER
CITIES IN AN ENERGY LEADERSHIP PARTNERSHIP TO
BE KNOWN AS "THE WESTERN RIVERSIDE ENERGY
LEADERSHIP PARTNERSHIP "(LR10 -0012)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find
determine and declare that:
A. The Western Riverside Energy Leadership Partnership ( "WRELP ") (a
Local Government Partnership), representing Western Riverside Council of
Governments ( "WRCOG "), its participating member cities, and Southern California
Edison ( "SCE "), supports "energy efficiency" initiatives, policies, and construction
standards in order to ensure that local communities follow and encourage sustainable
practices.
B. Local demand for electricity has grown, and it is expected that demand for
electricity will continue to grow in the near future to support a growing population and
economy.
C. Because citizens and businesses spend significant amounts for energy, it
makes economic sense and is good public policy to encourage energy efficiency in the
Western Riverside County region ( "Region ") and its communities.
D. Energy efficiency programs enhance the local environment by improving
air quality, reducing greenhouse gases and other pollution, and conserving natural
resources.
E. It is vital for local communities to promote investment in energy efficiency
and to encourage innovations in the way they behave, build, and incorporate energy
into everyday business and personal lives.
F. There is a growing movement within California communities and
businesses to improve everyday practices and create more sustainable and "greener"
cities.
G. The participating member cities of the WRELP seek to promote innovative
methods and state -of- the -art technologies used in the design, construction and
rehabilitation of new and existing residential and commercial buildings within the
Region, in order to bring energy and natural resource consumption in line with
sustainability goals.
H. WRCOG has been identified by the participating member cities to enter
into an agreement with SCE and act on their behalf as necessary to further the goals of
the WRELP.
I. WRELP brings together WRCOG, SCE and the participating member
cities in a cooperative program, the Energy Leader Partnership Program ( "Program ") to
promote energy efficiency, regional sustainability goals, and collaboration.
J. The City Council of the City of Temecula ( "City ") has identified the suite of
programs within the proposed Program as being consistent with the WRELP members'
customer service goals.
Section 2. The City Council of the City of Temecula hereby determines the
City Council's desires to participate in the WRELP and the Program and declares that:
A. The City Council supports the City's commitment to sustainable practices
through energy efficiency, and will provide leadership and guidance in promoting,
facilitating, and instituting such practices in the Region.
B. The City Council supports and endorses the WRELP and the Program as
effective methods to help meet long -term regional economic and environmental goals.
C. The City Council approves the City's participation as a member city in the
WRELP and the Program.
D. The City Council authorizes WRCOG to act on the City's behalf as
necessary to further the WRELP's goals and objectives.
E. The City Council authorizes the City Manager to designate one (1)
individual to be the City's primary contact for both WRCOG and SCE and is authorized
to act on behalf of the City in carrying out the Program. Such individual shall be
designated as the "Energy Champion."
F. With the assistance of SCE, WRCOG and the WRELP, the City will
identify and support implementation of the Program's community energy efficiency and
sustainability goals within its own municipal facilities.
Section 3. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 22nd day of June, 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 10- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 22nd day of June, 2010, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
IG 1 011�Ko1l1►NllNdiIAdil:l:4:& 1
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
Item No. 7
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: June 22, 2010
SUBJECT: Agreement for Landscape Plan Check and Inspection Services for fiscal year
2010 -2011
PREPARED BY: Theresa Harris, Development Processing Coordinator
RECOMMENDATION: That the City Council approve an Agreement with Blanca Y. Price
to perform Landscape Plan Check and Inspection Services for fiscal year 2010 -2011 in the
amount of $65,000.
BACKGROUND: The Community Development Department's Planning Division
has, for the past sixteen years, utilized the services of a landscape architectural firm to provide
plan check and inspection services. The Planning Department requires the services of a
licensed Landscape Architect for their expertise in utilization of appropriate plant types to be
used in our climatic region, for calculation of project site landscape water budget, and irrigation
system design. The licensed Landscape Architect is also utilized for their professional
inspection of irrigation line installation, pressure testing of the irrigation system, irrigation head
coverage and plant installation.
On May 3, 2010 the City of Temecula issued a Request for Proposal (RFP) for Landscape Plan
Check and Inspections Services. Seven (7) landscape architectural firms responded to the
RFP. A panel reviewed the submittals for completeness, experience and ability to provide
services for the City.
The landscape architectural firm of Blanca Y. Price was determined to be the most competitively
priced and qualified proponent, and was recommended to perform landscape plan check and
inspection services for the Planning Department.
FISCAL IMPACT: Adequate funds have been included in the FY 2010 -2011
Planning Department's line item 001.161.999.5250, Other Outside Services. All consultant fees
will be paid by applicants and deposited into the City's General Fund in accordance with the
approved fee schedule shown in Exhibit "B" of the agreement.
ATTACHMENTS: Agreement for Landscape Plan Check and Inspection Services
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND BLANCA Y. PRICE
LANDSCAPE PLAN CHECK AND INSPECTION SERVICES
THIS AGREEMENT is made and effective as of July 1, 2010, between the City of
Temecula , a municipal corporation (hereinafter referred to as "City "), and Blanca Y. Price, a
Sole Proprietor (hereinafter referred to as "Consultant "). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for two (2) additional one (1)
year term. In no event shall the contract be extended beyond June 30, 2013.
2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full. Consultant shall complete
the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Consultant shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Consultant hereunder in meeting its obligations under this
Agreement.
4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Sixty -
Five Thousand Dollars annually unless additional payment is approved as provided in this
Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager . Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees,
it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
6. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
2
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files containing data generated for the
work, Consultant shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
8. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
9. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation insurance is required only if Consultant
employs any employees. Consultant warrants and represents to the City that it has no
employees and that it will obtain the required Worker's Compensation Insurance upon the hiring
of any employees.
4) Professional Liability Coverage: One million ($1,000,000) per
claim and in aggregate.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
4
f. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such ordinances, laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to
comply with this section.
12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Consultant and /or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
13. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
P.O. Box 9033
Temecula, CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Attn: City Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to anew City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Blanca Y. Price
39140 Del Sol Court
Murrieta, CA 92562
14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Consultant's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Consultant.
15. LICENSES
D
At all times during the term of this Agreement, Consultant shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA Blanca Y. Price
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Jeff Comerchero, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
By:
By:
Peter M. Thorson, City Attorney CONSULTANT
Blanca Y. Price
39140 Del Sol Court
Murrieta, CA 92562
951 - 837 -3432 Phone
Blanca.Price@vzw.blackberry.net
FSM Initials:
Date:
EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this service include:
SCOPE OF WORK FOR BLANCA Y. PRICE
There are two stages of plan checks that are anticipated. The first series of plan checks will
occur at the Development Review Committee (DRC) stage. The second series of plan checks
will occur when the applicant submits construction drawings for the landscaping based on
conceptual plan approval and conditions of approval formulated by staff and the Planning
Commission. Three landscape inspections will be performed on site. The first is to verify that
all irrigation as been installed according to plans and specifications. The second is to verify that
the planting and irrigation have been installed and running according to plans and
specifications. The third is a bond release inspection which occurs no less than a year from the
final approval of the project installation.
Development Review Committee Review — Plans submitted by the applicant at this stage are
Conceptual
1. The Consultant will pick up the plans at the City two times per week (preferably on
Monday and Thursday). Two sets of landscape plans along with one copy of the
conceptual grading plan, architectural site plan and architectural elevations will be made
available to the Consultant to assure that landscaping is compatible with the architecture
and appropriate for the proposed grading.
2. The Consultant may be required to meet with the project planner to discuss the project
or visit the site prior to beginning the review. This option will be left up to the individual
planner.
3. The Consultant will review the plans to verify consistency with the City Development
Code, other Ordinances and the Citywide Design Guidelines. A site visit may be
necessary to become familiar with the site and surrounding area. Two sets of plans will
be redlined with comments notifying the applicant of necessary revisions to bring the
plans into conformance with the City requirements. One redlined plan set is for the
Consultants reference. Items not addressed in the City Development Code or applicable
Ordinances but that are outside of professional norms will also be marked for
explanations from the applicant. Plans will be crosschecked against the architectural
and grading plans.
4. The Consultant will return one set of the redlined plans along with plan check comments
to the project planner within 14 days of receipt of the first submittal and seven days for
the second and third submittal. On Fast -track projects, Consultant will complete
conceptual review within four calendar days. Plan Check comments will also be sent to
the project planner via e-mail for use by the City. One set of plans will be kept on file at
the Consultant's office so that if questions arise from either the project planner or the
applicant, the Consultant with full knowledge of the project can provide answers.
5. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the
City and re -check them for conformance. Should all revisions have been made and all
questions answered, the plans will be returned to the project planner with a letter
recommending approval. If all revisions are not made, one set of plans will be redlined
again and returned to the applicant for revisions. Conceptual Landscape Plans that
have been substantially changed from the original submittal will be subject to an
additional fee.
Construction Documents Review
1. The Consultant will pick up plans at the City two times per week (preferably on Monday
and Thursday). Two sets of landscape construction plans, one copy of the approved
conceptual landscape plan, conditions of approval and final precise grading plan will be
made available to the Consultant to verify consistency with City Development Code,
other Ordinances, and Citywide Design Guidelines. Two Sets of landscape construction
plans will be redlined with comments notifying the applicant of necessary revisions to be
made to bring the plans into conformance with City requirements. Items not addressed
in the City Development Code or applicable Ordinances but that are outside of
professional norms will also be marked for explanations from the applicant. Plans will be
crosschecked against the final precise grading plans.
2. The Consultant will return one set of redlined plans along with plan check comments to
the project planner. Plan check comments will also be sent to the planner via e-mail.
Comments /redlines shall be returned to the planner within two weeks after notification of
plan pick up. Comments shall also be broken up into groups. The first group of
comments addresses landscape issues related directly to the landscape architect. The
second group of comments addresses landscape issues as they relate to site planning
or grading issues. Comment shall be both in digital (e -mail) and hard copy format. One
set of plans will be kept on file at the Consultant's office so that if questions arise from
either the project planner or the applicant, the Consultant with full knowledge of the
project can provide answers.
3. Once the applicant has resubmitted revisions, the Consultant will pick up the plans at the
City and re -check them for conformance. Should all revisions have been made and all
questions answered, the plans will be returned to the project planner with a letter
recommending approval. If all revisions are not made, one set of plans will be redlined
again and returned a second time for revisions. This process will continue until plans
are brought into conformance with City standards, professional norms, and approved
landscape plans. Plan checks beyond the third check will be subject to an additional per
sheet fee.
4. The Consultant will review the cost estimate and notify the project planner that the
estimate is appropriate for bonding requirements.
Landscape Inspection
Three landscape inspections will be performed for each project. The first landscape inspection
will include a pressure test (where applicable) and verification that installation of irrigation meets
conformance to plans and specifications. The second inspection will be performed once the
landscaping installation is complete to assure irrigation coverage and installation of plant
material according to plans and specifications. A third inspection will occur for bond release at
one year from final approval of landscape. A written report will be provided to the project
planner after each inspection indicating the status, if desired by the project planner. The
Consultant will send a copy of the report to the applicant/contractor so that they will know which
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items need correction or completion. Each landscape inspection will be billed at the agreed
upon rate. Inspections will be completed in no more than three(3) working days after
notification.
Landscape Architectural Resources
The Consultant shall be available to act as a resource for City staff responding to general
questions or questions regarding specific projects. Should staff require tasks to be performed,
the Consultant shall provide services based on a mutually agreed upon flat rate fee.
Attendance at Meetings
The Principal Landscape Architect shall be available to attend Development Review Committee
and Planning Commission meetings as requested by the City of Temecula Planning Staff based
on an agreed upon fee.
Payment Rates and Schedule
Exhibit of fee schedule for plan check, and inspections in following exhibits.
11
WA ■
Payment Rates and Schedule
Following is the breakdown of fees proposed for the plan check and inspection services outlined in the
scope of work. These fees are based on present insurance coverage of $1,000,000.00 for errors and
omissions.
1. Conceptual Plan Review
Project Acreage
Fee
0 - 5 acres
$360
>5 - 10 acres
$600
>10 -20 acres
$780
>20 - 50 acres
$960
>50 acres $960 plus $20 per acre over 50 acres
Multiple reviews will be covered under the initial conceptual review cost, unless substantial changes to
the conceptual landscape plan have been made by the applicant that are not as a result of the comments
from the Consultant. Additional conceptual reviews for plans that have been substantially altered will be
billed at a new and separate flat fee of $100.00 per sheet.
Plan checks beyond the 3rd check shall be billed at a flat rate of $100.00 per sheet.
2. Construction Plan Review
The following fees are based on reviewing a maximum of three submittals from the applicant. Should
additional reviews be necessary they will be charged at the rate of $100 per sheet.
Square Footage of
Landscaping
0-5,625
5,625 - 22,500
22,501 - 30,375
30,376 - 37,125
37,126 - 45,000
45,001 - 56,250
56,251 - 67,500
67,501 - 78,750
78,751 - 90,000
90,000 & up
Plan checks beyond the 3rd check
Flat Plan Check Fee
$720
$1,340
$1,650
$1,940
$2,270
$2,590
$2,920
$3,240
$3,560
$3,560 + .0075 for each s.f. above
90,001 s.f.
$100 /sheet
3. Landscape Inspections Flat rate of $250.00 per inspection
a. First Inspection - Irrigation Inspection
b. Second Inspection - Landscape and Irrigation Coverage Inspection
c. Third Inspection - Bond Release Inspection
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Item No. 8
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Rich Johnston, Building Official
DATE: June 22, 2010
SUBJECT: Agreements for Plan Review Services for Fiscal Year 2010 -2011
PREPARED BY: Theresa Harris, Development Processing Coordinator
RECOMMENDATION: That the City Council
1. Approve an agreement for Plan Review Services with Bureau Veritas in the
amount of $41,667;
2. Approve an agreement for Plan Review Services with Esgil Corporation in the
amount of $41,667;
3. Approve an agreement for Plan Review Services with Tom Haney in the amount
of $41,666.
BACKGROUND: The City of Temecula Building and Safety Department has utilized
outside plan review consulting services since inception to assist with the level of plan review
services required. Plan review services include accurate code interpretation, review of
construction plans for all applicable code disciplines, and identification of areas of
noncompliance.
On April 29, 2010, the City of Temecula issued a Request for Proposal (RFP) for Plan Review
Services. Eleven (11) firms responded to the RFP and were evaluated by a panel for
completeness, experience, and ability to provide services to the City.
The Plan Review Consulting firms of Bureau Veritas, Esgil Corporation and Tom Haney were
determined to be the top three (3) most competitively priced and qualified proponants, and have
been recommended to perform plan review services for the Building and Safety Department on
a rotational basis.
FISCAL IMPACT: Sufficient funds have been budgeted in the Building and Safety's
2010 -2011 Budget line item 001.162.999.5248, Consulting Services.
ATTACHMENTS: Agreements
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND BUREAU VERITAS, INC
PLAN REVIEW SERVICES
THIS AGREEMENT is made and effective as of July 1, 2010, between the City of
Temecula , a municipal corporation (hereinafter referred to as "City "), and Bureau Veritas, Inc.
a Corporation, (hereinafter referred to as "Consultant "). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for two (2) additional one (1)
year terms. In no event shall the contract be extended beyond June 30, 2013.
2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full. Consultant shall complete
the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Consultant shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Consultant hereunder in meeting its obligations under this
Agreement.
4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Forty
One Thousand Six Hundred Sixty -Seven Dollars annually unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager . Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services.
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files containing data generated for the
work, Consultant shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
8. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
9. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
3
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability Coverage: One million ($1,000,000) per
claim and in aggregate.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
4
f. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such ordinances, laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to
comply with this section.
12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
5
City retains the right, but has no obligation, to represent Consultant and /or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
13. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
P.O. Box 9033
Temecula, CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Attn: City Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to anew City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Bureau Veritas, Inc
Attn: Khoa Duong
1181 California Avenue, Suite 202
Corona, CA 92881
14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Consultant's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Consultant.
15. LICENSES
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At all times during the term of this Agreement, Consultant shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA Bureau Veritas, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Jeff Comerchero, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
By:
By:
Peter M. Thorson, City Attorney CONSULTANT
Bureau Veritas, Inc.
Attn: Khoa Duong
1181 California Avenue, Suite 202
Corona, CA 92881
951 - 493 -1060 Phone
951 - 493 -1061 Fax
13
FSM Initials -
Date:
EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this service include:
PLAN REVIEW SERVICES SCOPE OF WORK
1. Plan pickup and delivery should be done within 24 hours after receiving notice from the
City at the expense of the Consultant.
2. Perform complete plan review of submitted plans to determine compliance with adopted
codes (listed below) including any amendments to the Temecula Municipal Code:
California Building Code (CBC)
California Plumbing Code (CPC)
California Mechanical Code (CMC)
California Fire Code (CFC)
California Residential Code (CRC)
2008 California Building Energy Efficient Standards (CBES)
Energy Conservation
Disabled Access
3. Consultant shall provide plan correction lists to the City who will provide them to the
applicant.
4. Consultant shall not receive or distribute plans directly to the applicant without prior
authorization from the City.
5. Plan Review turn - around times shall be no more than 10 -12 business days for new
submittals and 5 -7 business days for re- submittals.
6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e-
mail or meeting in Consultant's main office, and perform all necessary rechecks to
achieve conformance to the regulations.
7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail,
telephone, fax or in Consultant's main office regarding any discretionary code issues.
8. Perform plan review of revisions to plans that have previously been approved for permit
issuance charged hourly based on the Consultants approved rate schedule (see Exhibit
B Payment Rates and Schedule).
9. Perform extra work when requested in writing by the City including accelerated plan
review on an as- needed basis.
10. Attend meetings related to proposed building projects at the request of the Building
Official at locations other than Consultant's office.
0
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND ESGIL CORPORATION
PLAN REVIEW SERVICES
THIS AGREEMENT is made and effective as of July 1, 2010, between the City of
Temecula , a municipal corporation (hereinafter referred to as "City "), and Esgil Corporation,
Inc. a Corporation, (hereinafter referred to as "Consultant "). In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for two (2) additional one (1)
year terms. In no event shall the contract be extended beyond June 30, 2013.
2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full. Consultant shall complete
the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Consultant shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Consultant hereunder in meeting its obligations under this
Agreement.
4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Forty
One Thousand Six Hundred Sixty -Seven Dollars annually unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager . Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees,
it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
6. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
2
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files containing data generated for the
work, Consultant shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
8. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
9. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
3
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability Coverage: One million ($1,000,000) per
claim and in aggregate.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
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f. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such ordinances, laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to
comply with this section.
12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
5
City retains the right, but has no obligation, to represent Consultant and /or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
13. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
P.O. Box 9033
Temecula, CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Attn: City Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to anew City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Esgil Corporation
Attn: Kurt Culver
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Consultant's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Consultant.
15. LICENSES
2
At all times during the term of this Agreement, Consultant shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA Esgil Corporation
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Jeff Comerchero, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
By:
By:
Peter M. Thorson, City Attorney CONSULTANT
Esail Corporation
Attn: Kurt Culver
9320 Chesapeake Drive, Suite 208
San Diego, CA 92123
858 -560 -1468 Phone
858 - 560 -1576 Fax
T
FSM Initials:
Date:
EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this service include:
PLAN REVIEW SERVICES SCOPE OF WORK
1. Plan pickup and delivery should be done within 24 hours after receiving notice from the City
at the expense of the Consultant.
2. Perform complete plan review of submitted plans to determine compliance with adopted
codes (listed below) including any amendments to the Temecula Municipal Code:
California Building Code (CBC)
California Plumbing Code (CPC)
California Mechanical Code (CMC)
California Fire Code (CFC)
California Residential Code (CRC)
2008 California Building Energy Efficient Standards (CBES)
Energy Conservation
Disabled Access
3. Consultant shall provide plan correction lists to the City who will provide them to the
applicant.
4. Consultant shall not receive or distribute plans directly to the applicant without prior
authorization from the City.
5. Plan Review turn - around times shall be no more than 10 -12 business days for new
submittals and 5 -7 business days for re- submittals.
6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e-mail or
meeting in Consultant's main office, and perform all necessary rechecks to achieve
conformance to the regulations.
7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail,
telephone, fax or in Consultant's main office regarding any discretionary code issues.
8. Perform plan review of revisions to plans that have previously been approved for permit
issuance charged hourly based on the Consultants approved rate schedule (see Exhibit B
Payment Rates and Schedule).
9. Perform extra work when requested in writing by the City including accelerated plan review
on an as- needed basis.
10. Attend meetings related to proposed building projects at the request of the Building Official
at locations other than Consultant's office.
EXHIBIT B
Payment Rates and Schedule
COMPENSATION FOR PLAN REVIEW SERVICES
1. The compensation paid by the City to the Consultant for each plan review shall be 60%
of the "Plan Check Fee" collected by the City.
Compensation for structural -only plan reviews is reduced to 35% of the "Plan Check
Fee" collected by the City.
The single fee includes all rechecks, plan check conferences at Consultant's office,
reviewing plans that are initially found to be incomplete and for the transmitting of plans
back to the jurisdiction.
2. Compensation for revisions shall be calculated either the same as the percentage of
plan review fee or shall be based on Consultant's current Labor Rates Schedule *. The
method of calculating compensation for each such plan reviewed shall be as agreed to
by the Building Official and Consultant.
3. Compensation for work performed accelerated, extra work and meetings shall be based
on the attached Consultant's Labor Rates Schedule as modified each year.
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AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND TOM HANEY
PLAN REVIEW SERVICES
THIS AGREEMENT is made and effective as of July 1, 2010, between the City of
Temecula , a municipal corporation (hereinafter referred to as "City "), and Tom Haney, a Sole
Proprietor, (hereinafter referred to as "Consultant "). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for two (2) additional one (1)
year terms. In no event shall the contract be extended beyond June 30, 2013.
2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full. Consultant shall complete
the tasks according to the schedule of performance which is also set forth in Exhibit A. .
3. PERFORMANCE
Consultant shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Consultant shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Consultant hereunder in meeting its obligations under this
Agreement.
4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Forty
One Thousand Six Hundred Sixty -Six Dollars annually unless additional payment is
approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the City
Manager . Consultant shall be compensated for any additional services in the amounts and in
the manner as agreed to by City Manager and Consultant at the time City's written authorization
is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees,
it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
6. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Consultant is in
default in the performance of any of the terms or conditions of this Agreement, it shall serve the
Consultant with written notice of the default. The Consultant shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files containing data generated for the
work, Consultant shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
8. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
9. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
3
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability Coverage: One million ($1,000,000) per
claim and in aggregate.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
4
f. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Consultant or any of Consultant's officers, employees, or agents except as set forth in this
Agreement. Consultant shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with
the performance of this Agreement. Except for the fees paid to Consultant as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Consultant for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Consultant for injury or sickness arising out of performing services hereunder.
11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Consultant shall at all times
observe and comply with all such ordinances, laws and regulations. The City, and its officers
and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to
comply with this section.
12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement
shall be considered confidential and shall not be released by Consultant without City's prior
written authorization. Consultant, its officers, employees, agents or subcontractors, shall not
without written authorization from the City Manager or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Consultant gives City notice of such court
order or subpoena.
b. Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
5
City retains the right, but has no obligation, to represent Consultant and /or be present at any
deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to
provide City with the opportunity to review any response to discovery requests provided by
Consultant. However, City's right to review any such response does not imply or mean the right
by City to control, direct, or rewrite said response.
13. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: City Manager
P.O. Box 9033
Temecula, CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Attn: City Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to anew City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Tom Haney
2852 Colgate Drive
Oceanside, CA 92056
14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Consultant's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Consultant.
15. LICENSES
on
At all times during the term of this Agreement, Consultant shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Consultant, or Consultant's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Consultant hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Consultant or Consultant's sub - contractors on this project. Consultant further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Consultant and has the authority to bind Consultant to the performance of its obligations
hereunder.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA Tom Haney
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Jeff Comerchero, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
By:
By:
Peter M. Thorson, City Attorney CONSULTANT
Tom Haney
2852 Colgate Drive
Oceanside, CA 92056
951 -699 -4846 Phone
bz3 -bUb -7701 Cell
thane lic ahoo.com
FSM Initials:
Date:
E:3
EXHIBIT A
Tasks to be Performed
The specific elements (scope of work) of this service include:
PLAN REVIEW SERVICES SCOPE OF WORK
1. Plan pickup and delivery should be done within 24 hours after receiving notice from the
City at the expense of the Consultant.
2. Perform complete plan review of submitted plans to determine compliance with adopted
codes (listed below) including any amendments to the Temecula Municipal Code:
California Building Code (CBC)
California Plumbing Code (CPC)
California Mechanical Code (CMC)
California Fire Code (CFC)
California Residential Code (CRC)
2008 California Building Energy Efficient Standards (CBES)
Energy Conservation
Disabled Access
3. Consultant shall provide plan correction lists to the City who will provide them to the
applicant.
4. Consultant shall not receive or distribute plans directly to the applicant without prior
authorization from the City.
5. Plan Review turn - around times shall be no more than 10 -12 business days for new
submittals and 5 -7 business days for re- submittals.
6. Perform all necessary liaison with the applicant's designee, by telephone, fax, mail, e-
mail or meeting in Consultant's main office, and perform all necessary rechecks to
achieve conformance to the regulations.
7. Perform all necessary liaison with the Building Official or his designee, by mail, e-mail,
telephone, fax or in Consultant's main office regarding any discretionary code issues.
8. Perform plan review of revisions to plans that have previously been approved for permit
issuance charged hourly based on the Consultants approved rate schedule (see Exhibit
B Payment Rates and Schedule).
9. Perform extra work when requested in writing by the City including accelerated plan
review on an as- needed basis.
10. Attend meetings related to proposed building projects at the request of the Building
Official at locations other than Consultant's office.
I7
Item No. 9
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: June 22, 2010
SUBJECT: Authorize Temporary Street Closure for the Street Painting Festival in Old Town
(Main Street between Old Town Front Street and Mercedes Street)
PREPARED BY: Mayra De LaTorre, Senior Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council receive and file the following proposed action by
the City Manager:
Temporarily close Main Street between Old Town Front Street and Mercedes for the:
`2010 OLD TOWN TEMECULA STREET PAINTING FESTIVAL'
BACKGROUND: The Annual Street Painting Festival scheduled for June 25th and 26th
of this year necessitates the physical closure of Main Street (`Y' portion) between Old Town Front
Street and Mercedes Street, as this street portion will serve as the canvas on which artists will paint.
The street closure will also serve to accommodate and provide the free movement of pedestrian
traffic by minimizing potential vehicular - pedestrian conflicts.
Under Vehicle Code Section 21101, "Regulation of Highways ", local authorities, for those
highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for,
among other instances, "temporary closing a portion of any street for celebrations, parades, local
special events, and other purposes, when, in the opinion of local authorities having jurisdiction,
the closing is necessary for the safety and protection of persons who are to use that portion of
the street during the temporary closing ".
Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides
standards and procedures for special events on public streets, highways, sidewalks, or public
right of way and authorizes the City Council or City Manager to temporarily close streets, or
portions of streets, for these special events.
The specific limits of the closure for Main Street are as follows:
The westerly property line of 41955 Main Street (Temecula Hills Winery at Villa) and
the westerly right -of -way of Mercedes Street.
This portion of Main Street will be closed from 6:00 PM Friday June 25th to 6:00 PM on Sunday June
27th 2010.
Old Town Front Street shall remain open to through traffic at all times.
FISCAL IMPACT: The costs of police and for provision, placement, and retrieval of
necessary warning and advisorydevices bythe Temecula Community Services Department and the
City Public Works Maintenance Division are included in budgetary items.
ATTACHMENTS: 1. Location Map
�co 15
c-a\
VENT
Z%r
F�
ANNUAL LEGEND
STREET PAINTING FESTIVAL I�i' STREET CLOSURE
VICINITY MAP ` BARRICADE
Item No. 10
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: June 22, 2010
SUBJECT: Authorize Temporary Street Closure of Old Town Front Street between Moreno
Road (S) and 1 st Street; Main Street from the East Edge of the Children's
Museum Driveway to Mercedes Street; Moreno Road; 2nd Street; 3rd Street; 4th
Street; 5th Street; 6th Street; and Mercedes Street between Moreno Road and
2nd Street for the "2010 Star Spangled 4th of July Parade"
PREPARED BY: Mayra De LaTorre, Senior Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council receive and file the following proposed action by
the City Manager:
Temporarily close Old Town Front Street and other related streets for the:
'2010 STAR SPANGLED 4T" OF JULY PARADE'
BACKGROUND: The Annual City- sponsored "Star Spangled 4th of July Parade"
necessitates temporary street closures to protect the participants and facilitate this event. The
subject special event requires the closure of the entire and portions of, streets in the Old Town area
on July 4, 2010 from approximately 8:00 AM until 3:00 PM. The parade hours this year are from
1:00 PM to approximately 2:30 PM. However, staging for the parade will begin at 8:00 AM at the
Stampede Restaurant parking lot. The police department will determine the exact hours of street
closures. Also, no parking will be allowed on these subject streets from 8:00 AM until 3:00 PM.
This year's Star Spangled 4th of July Parade street closures are as follows:
1. Old Town Front Street between Moreno Road (S) and 1st Street;
2. Mercedes Street between Moreno Road and 2nd Street
3. Main Street from the East Edge of the Children's Museum Driveway to Mercedes Street;
4. Moreno Road;
5. 2nd Street;
6. 3rd Street;
7. 4th Street;
8. 5th Street;
9. 6th Street.
The event will require the closure of Main Street between Old Town Front Street and the Main Street
Bridge. Provisions have been included to ensure public access and public parking at the Children's
Museum during the road closure.
Under Vehicle Code Section 21101, "Regulation of Highways ", local authorities, for those
highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for,
among other instances, "temporary closing a portion of any street for celebrations, parades, local
special events, and other purposes, when, in the opinion of local authorities having jurisdiction,
the closing is necessary for the safety and protection of persons who are to use that portion of
the street during the temporary closing ".
Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides
standards and procedures for special events on public streets, highways, sidewalks, or public
right of way and authorizes the City Council or City Manager to temporarily close streets, or
portions of streets, for these special events.
FISCAL IMPACT: The costs of police services and for provision, placement, and retrieval
of necessary warning and advisory devices bythe Temecula Community Services Department and
the City Maintenance Division are included in budgetary items.
ATTACHMENTS: 1. Vicinity Map
Legend
4 Parade Route
=a Staging
Judging
Parking
Equestrian Staging
�3"ffl
Announcer
Public
Restrooms
Portable
Restrooms
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Item No. I I
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: June 22, 2010
SUBJECT: Authorize Temporary Street Closures of certain portions of Margarita Road,
Pauba Road and abutting streets for the "July 4th, 2010 Fireworks Show"
PREPARED BY: Mayra De LaTorre, Senior Engineer
Steve Charette, Associate Engineer
RECOMMENDATION: That the City Council receive and file the following proposed action by
the City Manager:
Temporarily close certain portions of Margarita Road, Pauba Road and abutting streets for the:
`JULY 4th 2010 FIREWORKS SHOW'
BACKGROUND: The Annual City- sponsored "July 4th 2010 Fireworks Show"
necessitates temporary street closures to protect the participants and facilitate this event. The
subject special event requires the closure of Margarita Road between Rancho Vista Road and
Pauba Road and also Pauba Road between Margarita Road and Showalter Road, including abutting
streets.
This year's 4th of July Fireworks Show street closures are more specifically described as follows:
8:00 AM to Midniaht
Pauba Road between Margarita Road and Showalter Road
2. Calle Ventura
3. Calle Camellia
7:00 PMto10:00PM
4. Margarita Road between Rancho Vista Road and Pauba Road
Residents living within the closure area will be allowed access to their homes. Church patrons will
also be allowed access to the three affected churches located along Pauba Road.
Under Vehicle Code Section 21101, 'Regulation of Highways ", local authorities, for those
highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for,
among other instances, "temporary closing a portion of any street for celebrations, parades, local
special events, and other purposes, when, in the opinion of local authorities having jurisdiction,
the closing is necessary for the safety and protection of persons who are to use that portion of
the street during the temporary closing ".
Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides
standards and procedures for special events on public streets, highways, sidewalks, or public
right of way and authorizes the City Council or City Manager to temporarily close streets, or
portions of streets, for these special events.
FISCAL IMPACT: The costs of police services, and for provision, placement, and
retrieval of necessary warning and advisory devices by the Temecula Community Services
Department and the City Public Works Maintenance Division are included in budgetary items.
ATTACHMENTS: 1. Vicinity Map
Item No. 12
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: June 22, 2010
SUBJECT: Purchase and Installation Agreement for Installation of Video Management
Equipment in the Traffic Operations Center, being constructed within the Old
Town Civic Center, Project No PW06 -07
PREPARED BY: Jerry Gonzalez, Associate Engineer - Traffic
RECOMMENDATION: That the City Council
1. Approve the Purchase and Installation Agreement with Crosstown Electrical & Data, Inc.,
in the amount of $123,775;
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $12,377 which is equal to 10% of the contract amount.
BACKGROUND: The City is currently constructing a new Civic Center Complex in
Old Town Temecula. The new structure includes a three story City Hall, Council Chambers,
and Civic Auxiliary room. The project budget includes the installation of video wall display
equipment and video management equipment for the Traffic Operations Center (TOC). Staff
has been working with Information Systems to coordinate the installation of the equipment in
conjunction with implementation of the Old Town Civic Center's Audio Visual and Data Network.
During the coordination process, Staff had an opportunity to review various video management
systems utilizing PlanNet Consulting, the firm selected by Information Systems to integrate the
City network. A system has been selected that is compatible with the City's new and existing
Closed Circuit Television (CCTV) equipment. This system will fulfill the current and future
needs of the City's TOC, and can be maintained by the City's Information Systems Department.
Since Crosstown Electrical & Data, Inc. is responsible for the annual maintenance of the City's
CCTV equipment and fiber optic network and is familiar with the City's video management
equipment needs, they were asked to provide a proposal for a "turn -key" operation. The
necessary work in being completed in (2) phases. Phase 1 includes the installation of video
management equipment, network infrastructure equipment, equipment software licensing, staff
training, and integration of the QuicNet System, which is used by the City for monitoring traffic
signal operations at the TOC in the Civic Center. Phase 2 includes the installation of video
management and switching equipment that will allow field staff working out of the Field
Operations Center (FOC) to communicate with the TOC located at the Old Town Civic Center.
Phase 1 is scheduled for completion in September 2010. Phase 2 is scheduled for completion
in December 2010.
Crosstown Electrical & Data, Inc. is a sole source vendor to the City of Temecula, because they
are the only Southern California suppliers, distributors and technical supporters of CCTV and
data equipment currently used by the City.
FISCAL IMPACT: The Old Town Civic Center project is included as PW06 -07 in the
Capital Improvement Program FY2010 -2014. Adequate funds are available for this $136,152
request, which includes the base $123,775 contract plus the $12,377 contingency, in the project
in Account, No. 210 - 165 - 751 -5601.
ATTACHMENTS:
1. Purchase and Installation Agreement
2. Project Location and Description
PURCHASE AND INSTALLATION AGREEMENT BETWEEN
CITY OF TEMECULA AND CROSSTOWN ELECTRICAL & DATA, INC.
FOR INSTALLATION OF VIDEO MANAGEMENT EQUIPMENT AT THE TRAFFIC
OPERATIONS CENTER — OLD TOWN CIVIC CENTER
THIS AGREEMENT is made and effective as of June 22, 2010, between the City of
Temecula , a municipal corporation (hereinafter referred to as "City "), and Crosstown
Electrical & Data, Inc., a Corporation (hereinafter referred to as "Contractor"). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on June 22, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
2. PURCHASE AND SALE OF EQUIPMENT
On and subject to the terms and conditions set forth in this Agreement and the
Agreement Documents, Contractor agrees to manufacture, sell and install for the City a "turn-
key" operation, which includes video management equipment, network infrastructure
equipment, equipment software licenses, staff training, and integration of the QuicNet
System, as more particularly described in Exhibit A, Description of Work and Equipment,
attached hereto and incorporated herein as though set forth in full (hereafter "Equipment').
3. PURCHASE / INSTALLATION PRICE
The Purchase Price which City agrees to pay to Contractor for the Equipment is One
Hundred Twenty Three Thousand Seven Hundred Seventy Five Dollars and No Cents
($123,775.00). The Purchase Price is final and shall be paid by City to Contractor in
accordance with Exhibit A. The City Manager may approve additional work up to ten percent
(10 %) of the amount of the Agreement as approved by City Council. Any additional work in
excess of this amount shall be approved by the City Council.
4. SCOPE OF WORK
Contractor shall manufacture and install the equipment as described in the Scope of
Work, attached hereto and incorporated herein as Exhibit A. Contractor shall provide and
furnish all labor, materials, necessary tools, expendable equipment and all utility and
transportation services required for the Work. All of said Work to be performed and materials to
be furnished for the Work shall be in strict accordance with the specifications set forth in the
Scope of Work. The Work shall be completed within the time set forth in the Scope of Work.
Contractor shall not commence the Work until such time as directed by the City.
5. REPRESENTATIONS AND WARRANTIES OF VENDOR
Contractor makes the following representations and warranties to City:
a. Authority and Consents. Contractor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any persons are necessary in connection with Contractor's execution, delivery,
installation and performance of this Agreement, except for such as have been obtained on or
prior to the date hereof. The execution, delivery, installation and performance of this Agreement
by Contractor have been duly authorized by all necessary action on the part of Contractor and
constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor
in accordance with their respective terms.
b. Title and Operating Condition. Contractor has good and marketable title
to all of the Equipment manufactured and installed. All of the Equipment are free and clear of
any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to
all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances,
equities, claims, covenants, conditions and restrictions except for such as may be created or
granted by City. All of the Equipment are in good operating condition, are free of any defects,
and are in conformity with the specifications, descriptions, representations and warranties set
forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment
for use as video management equipment in the City's Traffic Operations Center located at
Old Town Civic Center, and that City is relying on Contractor's warranties that the Equipment
is fit for this purpose and the ordinary purposes for which the Equipment is normally used.
C. Full Disclosure. None of the representations and warranties made by
Contractor in this Agreement contains or will contain any untrue statement of a material fact, or
omits to state a material fact necessary to make the statements made, in light of the
circumstances under which they were made, not misleading.
6. PERFORMANCE
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
7. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of the City or its authorized representatives,
and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
City shall inspect the Equipment at the time and place of delivery. Such inspection may include
reasonable tests and use of the Equipment by City. If, in the determination of City, the
Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so
notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice,
the Equipment shall be deemed accepted by City as of the date of receipt.
8. TIME OF DELIVERY
The date and time of delivery of the Equipment shall be on or before July 1, 2010.
9. PLACE OF DELIVERY
The Equipment shall be delivered to this location: Old Town Civic Center, City of
Temecula, 41000 Main Street, Temecula, California 92590.
10. REJECTION
In the event of such notice of non - conformity by City pursuant to the section entitled "City
Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2)
accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of
the Equipment and reject the remainder or the Installation. The exercise of any of the above
options shall be "without prejudice" and with full reservation of any rights and remedies of City
attendant upon a breach. In the event of such notice and election by City, City agrees to comply
with all reasonable instructions of Contractor and, in the event that expenses are incurred by
City in following such instructions, Contractor shall indemnify City in full for such expenses.
11. NO REPLACEMENT OF CURE
This Agreement calls for strict compliance. Contractor expressly agrees that both the
Equipment and Installation tendered and the tender itself will conform fully to the terms and
conditions of the Agreement on the original tender. In the event of rejection by City of the whole
of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is
not required to, accept any substitute performance from Vendor or engage in subsequent efforts
to affect a cure of the original tender by Contractor.
12. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
13. AGREEMENT DOCUMENTS
a. This Agreement includes the following documents, which are by this
reference incorporated herein and made a part hereof: Equipment Description and /or Scope of
Work attached hereto as Exhibit A.
b. In the event any term or condition of the Agreement Documents conflicts
with or is contradictory to any term or condition of the Agreement, the terms and conditions of
this Agreement are controlling.
C. In the event of a conflict in terms between this Agreement, the Cost
Proposal and /or the Contractor's response to the proposal this Agreement shall prevail over the
proposal.
14. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event the Contractor is in default for cause under the terms of
this Agreement, the City shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Agreement immediately
by written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall service the
Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event the Contractor fails to cure its default within such period of time, the
City shall have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
15. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shaH maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insureds, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
All representations, warranties, covenants and agreements of the parties contained in
this Agreement shall survive the execution, delivery, installation and performance of this
Agreement.
17. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
18. PROHIBITED INTEREST
No officer, or employee of the City of Temecula shall have any financial interest, direct or
indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors
for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants
and represents to the City that no officer or employee of the City of Temecula has any interest,
whether contractual, non - contractual, financial or otherwise, in this transaction, or in the
business of the Contractor or Contractor's sub - contractors on this project. Contractor further
agrees to notify the City in the event any such interest is discovered whether or not such interest
is prohibited by law or this Agreement.
19. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
20. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
21. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the
Mailing Address: City of Temecula
Attn: City Manager
P.O. Box 9033
Temecula, CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Attn: City Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to anew City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Crosstown Electrical & Data, Inc.
Attn: David P. Heermance
5463 Diaz Street
Irwindale, California 91706
(626) 813 -6693
22. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
t:0
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA Crosstown Electrical & Data, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Jeff Comerchero, Mayor David P. Heermance, President
ATTEST:
0
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
in
CONTRACTOR
Crosstown Electrical & Data, Inc.
0
EXHIBIT A
DESCRIPTION OF EQUIPMENT AND SCOPE OF WORK
10
EXHIBIT A
C ro trical datS ���I'1
a, inc.
June 7, 2010
Mr. Richard Uribe
City of Temecula
Public Works
43200 Business Park Dr
Temecula, California 92589
Dear Mr. Uribe,
Quotation # 10087 V60
Crosstown Electrical & Data Inc. is pleased to present a quotation for the ONSSI solution
for the Temecula TMC with 60 Month support.
Statement of work:
1. Furnish and install ONSSI Video Management Licensing and support including:
ONSSI VIDEO MANAGEMENT LICENSING $15,400.00
• (30) NETDVMS CAMERA LICENSE
• OCULARIS VIDEO WALL BASE LICENSE
• (30) OCULARIS VIDEO WALL CAMERA LICENSE
MCAIN - DEVELOPMENT SERVICES $7,325.00
• INTEGRATION SERVICES -DISPLAY CAMERA VIEWAND CONTROL
FROMOCULARIS IN QUICKNET SOFTWARE
INSTALLATION PROFESSIONAL SERVICES $4,300.00
• (6Days) PROJECT MANAGEMENT
• (8Days) OCULARIS DS INSTALLATION AND CONFIGURATION,
• INCLUDING VIDEO WALL
• (8Days) WORKSTATION SETUP FOR TRAFFIC CENTER, REMOTE
• WORKSTATIONS,CONFIGURE DISPLAYS
• (4Days) OCULARIS END USER TRAINING, OPERATOR TRANING
VIDEO SPLITTER AND EXTENDER HARDWARE AND CABLING $1,650.00
• DVI -D EXTENDER OVER CAT6DVI -D 2WAY SPLITTER
• (4) BELKIN DVI -D MALE TO DVI -D MALE SINGLE LINK CABLE
• (2) 6FT CAT6PURPLE PATCH CORD
• Installation
60 MONTH ONSSI SUPPORT $9,850.00
• OCULARIS VIDEO WALL BASE LICENSE - 60 MONTHS SUPPORT
• (30) NETDVMS CAMERA LICENSE - 60 MONTHS SUPPORT
• (30) OCULARIS VIDEO WALL CAMERA LICENSE - 60 MONTHS SUPPORT
EXISTING SYSTEM LICENSE PREREQUISITES $5,750.00
• ONSSI NETDVMS BASE SUPPORT (5 YEARS)
Contractors License Number C10- 756309
5463 Diaz Street Irwindale, CA 91706 Phone: (626) 813 -6693 Fax (626) 813 -6604
Gle&tr�iical Data, Inc.
• (21) ONSSI NETDVMS CAMERA LICENSE SUPPORT (5YEARS)
ONSSI OCULARIS SYSTEM TOTAL $44,275.00
NETWORK INFRASTRUCTRE EQUIPMENT AND INSTALLATION
2. Furnish and install 2 Each IFS Racks with power supplies.
3. Furnish and install 5 each - IFS VT7430- 2DRDT.
4. Furnish and install 3 each - IFS19130WDM.
5. Furnish and install 5 each - VR7430- 2DRDT.
6. Furnish and install 3 each — VR19130WDM.
7. Furnish and install FDU and terminate 48SMFO at Jefferson and Rancho
California.
8. Furnish and install Digi Port Server TS4H.
9. Furnish and install GDI R -400 modem rack with dual power supplies.
10. Install 2 each City Supplied TMC workstations.
NETWORK INFRASTRUCTRE EQUIPMENT AND INSTALLATION TOTAL $64,500.00
FOC MATERIALS AND LABOR
1. Furnish and install Axis Racks (2 Each) in existing rack in FOC.
2. Furnish and install Axis 241 S Rack mount encoders.
3. Furnish and install Cat 5 cabling from axis encoders to existing Ethernet Switch.
FOC Materials and labor installation total $15,000.00
The total price to provide the products and services listed above is: $123,775.00
Phase I — Civic Center project to be completed by September 14, 2010
Phase II — FOC project elements to be completed by December 31, 2010.
Exclusions: Cost of bond, conduit, copper or fiber optic cable, Video Wall or controller,
Workstations and Servers, Ethernet Switches, Data Racks, civil work.
Please feel free to call me if you have any questions.
Sincerely,
Do v Durd e v
Donald J. Durden
Senior Systems Engineer
Contractors License Number C10- 756309
5463 Diaz Street Irwindale, CA 91706 Phone: (626) 813 -6693 Fax (626) 813 -6604
PROJECT L OCATI ON
ProjeaTitie CIVIC CENTER
N
A
PROJECT DESCRIPTION
Project Title:
Project Type:
Description:
Department:
Scope of Project:
Benefit:
Project Cost:
Administration
Acquisition
Construction
Construction Engineering
Design
Fixtures/Fum/Equip
Utilities
Totals
Source of Funds:
Capital Project Reserves
COPS
DIF (Corporate Facilities)
DIF (public Art)
Total Funding:
Future O & M Cost:
CIVIC CENTER
Infrastructure
PRIORITY: I
Project will construct an approximately 93,000 square -foot, three -story City administration building and Council Chambers, along
with a 3,500 square -foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street
in Old Town.
Planning/Public Works — 210.165.751
Project will include design and construction of a three -story City Administration Building, Council Chambers, and Community
Room on City owned parcels located east of Mercedes Street and Main Street.
Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through
build -out.
91
Total Project
_ 2011 -12 2012 -13 2013 -14 Cost
$ 724,221
$ 82,000
$ 34,926,892
$ 352,000
$ 5,221,000
$ 3,539,800
$ 310,000
$ $ $ $ 45,155,913
$ 21,055,014
$ 23,260,899
$ 800,000
$ 40,000
$ $ $ $ 45,155,913
Actuals
to Date
2009 -10 2010 -11
$
125,854
$
598,367
$
25,800
$
56,200
$
476,271
$
34,450,621
$
352,000
$
3,985,211
$
1,235,789
$
147,080
$
3,392,720
$
307,564
$
2,436
7
5,067,780
$
40,088,133 $
$
4,594,565
$
16,460,449
$
473,215
$
22,787,684
$
800,000
$
40,000
7
5,067,780
$
40,088,133 $
$
900,000
Annually
91
Total Project
_ 2011 -12 2012 -13 2013 -14 Cost
$ 724,221
$ 82,000
$ 34,926,892
$ 352,000
$ 5,221,000
$ 3,539,800
$ 310,000
$ $ $ $ 45,155,913
$ 21,055,014
$ 23,260,899
$ 800,000
$ 40,000
$ $ $ $ 45,155,913
Item No. 13
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: June 22, 2010
SUBJECT: Award of a Construction Contract for the Citywide Concrete Repairs - FY2009-
10, Project No. PW10 -02
PREPARED BY: Amer Attar, Principal Engineer - CIP
Chris White, Assistant Engineer- CIP
RECOMMENDATION: That the City Council:
Award a construction contract for Project No. PW10 -02, Citywide Concrete Repairs -
FY2009 -10, to Mamco, Inc. in the amount of $170,170.70;
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $ 42,542.68, which is equal to 25% of the contract amount.
BACKGROUND: The Citywide Concrete Repairs Project FY 2009 -10 Project is an
annual project that repairs various concrete facilities maintained by the City. The Public Works
Maintenance Division has surveyed the City and compiled a list of improvements in need of repair.
Damaged curbs & gutters, sidewalks, driveway approaches, under sidewalk drains, cross gutters,
ADA ramps and spandrels at various locations will be removed and replaced.
On April 13, 2010, City Council approved the Plans and Specifications and authorized staff to solicit
construction bids. On Thursday, June 3, 2010, 5 bids were opened and publicly read aloud. The
results were as follows:
1. Mamco, Inc.
$
170,170.70
2. B & T Work, Inc.
$
190,220.75
3. Black Rock Construction
$
200,000.00
4. Blair Rasmussen Construction, Inc.
$
311,080.00
5. Malcon Civils, Inc.
$
328,450.00
Staff has reviewed the bid proposals and found Mamco, Inc. to be the lowest responsible bidder.
Mamco, Inc. has public contracting experience and has successfully undertaken similar projects for
other public agencies in Southern California.
Staff is recommending the approval of a 25% contingency due to the fact that the lowest bid price is
much lower than the Engineer's Estimate. Approving the 25% contingencywill allow staff to do more
needed concrete repairs at other locations in the City if some of the contingency was not used for
unforeseen and changed conditions.
The Engineer's Estimate for the work is $346,644.00. The specifications allow for a work schedule
of 35 working days.
FISCAL IMPACT: The Citywide Concrete Repairs FY 2009 -10 Project is funded with
Public Works Maintenance Budget for routine street maintenance. Adequate funds are available
within project account No. 001 - 164 - 601 -5402 for this $212,713.38 request, which includes the
$170,170.70 contract plus a 25% contingency of $42,542.68.
ATTACHMENTS:
1. Concrete Repair List (12 pages)
2. Contract
City of Temecula
Department of Public Works Conoara Rayelr L61 Prapm xo. PWW Cry
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CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW10 -02
CITYWIDE CONCRETE REPAIRS — FY 2009 -10
THIS CONTRACT, made and entered into the 22 n day of June, 2010 by and between the City
of Temecula, a municipal corporation, hereinafter referred to as "CITY' and Mamco, Inc.,
hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
1. CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO.
PW10 -02, CITYWIDE CONCRETE REPAIRS — FY 2009 -10, Insurance Forms, this
Contract, and all modifications and amendments thereto, the State of California
Standard Plans and Specifications ,(latest edition), issued by the California Department
of Transportation, where specifically referenced in the Plans, Special Provisions, and
Technical Specifications, and the latest version of the Standard Specifications for Public
Works Construction, including all supplements as written and promulgated by Public
Works Standards, Inc (hereinafter, "Standard Specifications ") as amended by the
General Specifications, Special Provisions, and Technical Specifications for PROJECT
NO. PW10 -02, CITYWIDE CONCRETE REPAIRS — FY 2009 -10. Copies of these
Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517 -0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW10 -02, CITYWIDE CONCRETE REPAIRS — FY 2009 -10.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be
as binding as if called for by all. Any conflict between this Contract and any other
Contract Document shall be resolved in favor of this Contract.
SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required for the following:
PROJECT NO. PW10 -02, CITYWIDE CONCRETE REPAIRS — FY 2009 -10
All of said work to be performed and materials to be furnished shall be in strict
accordance with the Drawings and Specifications and the provisions of the Contract
Documents hereinabove enumerated and adopted by CITY.
CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the
sum of: ONE HUNDRED SEVENTY THOUSAND ONE HUNDRED SEVENTY
DOLLARS AND SEVENTY CENTS ($170,170.70), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed thirty -five (35)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
CHANGE ORDERS. All change orders shall be approved by the City Council, except
that the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
=X74LLTiIA011
re�Rn�alaRIn�a1-11.1lPfd:l=1 all] 4=
Before submittal of the first payment request, the CONTRACTOR shall submit to
the Engineer a schedule of values allocated to the various portions of the work,
prepared in such form and supported by such data to substantiate its accuracy
as the Engineer may require. This schedule, as approved by the Engineer, shall
be used as the basis for reviewing the CONTRACTOR's payment requests.
1 =�11L 1119:9[7[d=1-1U1FId:l=1 Bill 4
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90 %) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one -year Warranty and an Affidavit of Final Release with the CITY on
forms provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work
for which payment is demanded has been performed in accordance with the
terms of the Contract, and that the amount stated in the certificate is due under
the terms of the Contract. Partial payments on the Contract price shall not be
considered as an acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty
(30) days pursuant to Public Contracts Code Section 20104.50. Public Contract
Code Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9 -3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to
reduce the retention to the Engineer.
7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of
one thousand dollars ($1,000.00) per day for each calendar day completion is delayed
beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be
deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated
damages for unforeseeable delays beyond the control of, and without the fault or
negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10)
calendar days of the occurrence of such delay, CONTRACTOR shall give written notice
to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR
shall provide written documentation sufficient to support its delay claim to CITY.
CONTRACTOR'S failure to provide such notice and documentation shall constitute
CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as
to work related to the payment. Unless the CONTRACTOR has disputed the amount of
the payment, the acceptance by CONTRACTOR of each payment shall constitute a
release of all claims against the CITY related to the payment. CONTRACTOR shall be
required to execute an affidavit, release, and indemnity agreement with each claim for
payment.
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the
Director of the Department of Industrial Relations. These rates are available from the
California Department of Industrial Relation's Internet Web Site at http: / /wvvw.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in
violation of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY,
DISTRICT, and /or AGENCY its officers, employees, and agents, against any and all
liability, injuries, or death of persons (CONTRACTOR's employees included) and
damage to property, arising directly or indirectly out of the obligations herein undertaken
or out of the operations conducted by CONTRACTOR, save and except claims or
litigations arising through the sole active negligence or sole willful misconduct of the
CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project.
The CITY shall deduct such costs from Progress Payments or final payments due to the
CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing
favorable treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee,
or any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been
employed by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plants of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion,
national origin, color, sex, age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Contract and also govern the interpretation of this Contract. Any litigation
concerning this Contract shall take place in the municipal, superior, or federal district
court with geographic jurisdiction over the City of Temecula. In the event of litigation
between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs
incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract or the
proceeds thereof during his /her tenure or for one year thereafter.
Furthermore, the contractor /consultant covenants and agrees to their knowledge that no
board member, officer or employee of the City of Temecula has any interest, whether
contractual, non - contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than the City of Temecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 (commencing with
Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
Greg Butler
Director of Public Works /City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589 -9033
Street Address:
Greg Butler
Director of Public Works /City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590 -3606
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
Mamco, Inc.
16810 Van Buren Blvd. Suite 200
Riverside, Ca. 92504
(951) 776 -9300
a
Print or type NAME
Print or type TITLE
an
Print or type NAME
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED: CITY OF TEMECULA
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
Jeff Comerchero, Mayor
Item No. 14
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: June 22, 2010
SUBJECT: Award of a Construction Contract for Road and Storm Drain Repair at Rancho
California Road, Project No. PW09 -08
PREPARED BY: Amer Attar, Principal Engineer - CIP
Jon Salazar, Associate Engineer - CIP
RECOMMENDATION: That the City Council:
Award a construction contract for Project No. PW09 -08, Road and Storm Drain
Repair at Rancho California Road, to ATOM Engineering Construction in the amount
of $45,359.00;
2. Authorize the City Manager to approve change orders not to exceed the contingency
amount of $9,071.80 which is equal to 20% of the contract amount;
3. Authorize the transfer of Proposition 1 B funds from the Road and Strom Drain Repair
at Rancho California Road project in the amount of $60,347.00 into the Road
Reconstruction at Jedediah Smith Road project account in order to fund anticipated
administration and construction engineering costs;
4. Make a finding that the Road and Storm Drain Repair at Rancho California Road
project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
BACKGROUND: On March 9, 2010, the City Council approved the Plans and
Specifications and authorized staff to solicit construction bids for the Road and Storm Drain Repair
at Rancho California Road project.
The work for Road and Storm Drain Repair at Rancho California Road project consists of removal of
pipe debris, preparation of the interior surface of the corrugated metal pipe, and installation of a
reinforced concrete pipe liner.
On Wednesday, June 2, 2010, three bids were opened and publicly read aloud. The results were as
follows:
ATOM Engineering Construction $ 45,359.00
Caliagua, Inc. $ 47,300.00
West Coast Structures, Inc. $ 47,994.00
The Engineer's Estimate for the work is $30,000.00. The project specifications allow for a work
schedule of 30 working days.
Staff has reviewed the bids and found ATOM Engineering Construction to be the lowest responsible
bidder. ATOM Engineering Construction has public contracting experience and has successfully
undertaken similar projects for other public agencies in Southern California. Staff is requesting the
approval of 20% contingency since this project is small and the likelihood that a change in scope
would increase the project cost by more than the customary 10% contingency.
At the March 9, 2010 Council meeting, City Council approved an amendment to the City's
Proposition 1 B Spending Plan for FY 2008 -09 to include East Vallejo Avenue and Cabrillo Avenue
as part of the Road Reconstruction at Jedediah Smith Road project. In order to fully fund the
anticipated additional administrative and construction engineering charges associated with this
expanded scope of work, staff is recommending that $60,347.00 of savings from the Road and
Storm Drain Repair at Rancho California Road project be transferred into the Road Reconstruction
at Jedediah Smith Road project account in accordance with the attached Proposition 1B Funds
Allocation Summary.
The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County
Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside
in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in
Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is
required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and
Collection Policy adopted by Resolution 07 -04 on September 10, 2007. The RCA is a joint
regional authority formed by the County and the Cities to provide primary policy direction for
implementation of the MSHCP.
Beginning July 1, 2008 the RCA requires that Iocallyfunded Capital Improvement Projects
contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside
the public right of way are calculated on a cost per acre of disturbed area basis, while fees for
typical right -of -way improvements projects are 5% of construction costs. Projects funded by
TUMF or Measure A are exempt from MSHCP fees, as those programs contribute directly to the
MSHCP. The Road and Storm Drain Repair at Rancho California Road project consists of
repairs to an existing storm drain line, entirely within the pipe, therefore there is no new disturbed
area subject to the per acre MSHCP fees, and thus the project is exempt.
FISCAL IMPACT: The Road and Storm Drain Repair at Rancho California Road project
is funded with Proposition 1 B - Transportation Bond /Local Street & Roads, funds. Adequate funds
are available in the project account, to cover the requested budget of $54,430.80, which includes
the $45,359.00 contract plus the $9,071.80 contingency. Savings in the amount of $60,347.00 will
be transferred to the Road Reconstruction at Jedediah Smith Road project in accordance with the
attached Proposition 1 B Funds Allocation Summary.
ATTACHMENTS:
1. Contract
2. Proposition 1 B Funds Allocation Summary
3. Project Description
4. Project Location
CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT
CONTRACT
FOR
PROJECT NO. PW09 -08
ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD
THIS CONTRACT, made and entered into the 22"' day of June, 2010 by and between the City
of Temecula, a municipal corporation, hereinafter referred to as "CITY', and ATOM Engineering
Construction, hereinafter referred to as "CONTRACTOR."
WITNESSETH:
That CITY and CONTRACTOR, for the consideration hereinafter named, mutually agree
as follows:
CONTRACT DOCUMENTS. The complete Contract includes all of the Contract
Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance
Bond, Labor and Materials Bond, Plans and Specifications entitled PROJECT NO.
PW09 -08, ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD,
Insurance Forms, this Contract, and all modifications and amendments thereto, the State
of California Standard Plans and Specifications ,(latest edition), issued by the California
Department of Transportation, where specifically referenced in the Plans, Special
Provisions, and Technical Specifications, and the latest version of the Standard
Specifications for Public Works Construction, including all supplements as written and
promulgated by Public Works Standards, Inc (hereinafter, "Standard Specifications ") as
amended by the General Specifications, Special Provisions, and Technical
Specifications for PROJECT NO. PW09 -08, ROAD AND STORM DRAIN REPAIR AT
RANCHO CALIFORNIA ROAD. Copies of these Standard Specifications are available
from the publisher:
BNi Building News
Division of BNi Publications, Inc.
1612 South Clementine St.
Anaheim, California 92802
(714) 517 -0970
The Standard Specifications will control the general provisions, construction materials,
and construction methods for this Contract except as amended by the General
Specifications, Special Provisions, and Technical Specifications for PROJECT NO.
PW09 -08, ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD.
In case of conflict between the Standard Specifications and the other Contract
Documents, the other Contract Documents shall take precedence over, and be used in
lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in
complete detail, it is understood that the item is to be furnished and installed completed
and in place and that only the best general practice is to be used. Unless otherwise
specified, the CONTRACTOR shall furnish all labor, materials, tools, equipment, and
incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be
as binding as if called for by all. Any conflict between this Contract and any other
Contract Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK. CONTRACTOR shall perform everything required to be performed,
shall provide and furnish all the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required for the following:
PROJECT NO. PW09 -08, ROAD AND STORM DRAIN REPAIR AT
RANCHO CALIFORNIA ROAD
All of said work to be performed and materials to be furnished shall be in strict
accordance with the Drawings and Specifications and the provisions of the Contract
Documents hereinabove enumerated and adopted by CITY.
3. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished
and work performed and completed under the direction and supervision, and subject to
the approval of CITY or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE. The CITY agrees to pay, and
CONTRACTOR agrees to accept, in full payment for, the work agreed to be done, the
sum of: Forty five thousand three hundred fifty nine DOLLARS and no CENTS
($45,359.00), the total amount of the base bid.
CONTRACTOR agrees to complete the work in a period not to exceed thirty (30)
working days, commencing with delivery of a Notice to Proceed by CITY. Construction
shall not commence until bonds and insurance are approved by CITY.
5. CHANGE ORDERS. All change orders shall be approved by the City Council, except
that the City Manager is hereby authorized by the City Council to make, by written order,
changes or additions to the work in an amount not to exceed the contingency as
established by the City Council.
6. PAYMENTS
A. LUMP SUM BID SCHEDULE:
Before submittal of the first payment request, the CONTRACTOR shall submit to
the City Engineer a schedule of values allocated to the various portions of the
work, prepared in such form and supported by such data to substantiate its
accuracy as the City Engineer may require. This schedule, as approved by the
City Engineer, shall be used as the basis for reviewing the CONTRACTOR's
payment requests.
B. UNIT PRICE BID SCHEDULE:
Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days
after submission of a payment request to the CITY, the CONTRACTOR shall be
paid a sum equal to ninety percent (90 %) of the value of the work completed
according to the bid schedule. Payment request forms shall be submitted on or
about the thirtieth (30th) day of each successive month as the work progresses.
The final payment, if unencumbered, or any part thereof unencumbered, shall be
made sixty (60) days after acceptance of final payment and the CONTRACTOR
filing a one -year Warranty and an Affidavit of Final Release with the CITY on
forms provided by the CITY.
C. Payments shall be made on demands drawn in the manner required by law,
accompanied by a certificate signed by the City Manager, stating that the work
for which payment is demanded has been performed in accordance with the
terms of the Contract, and that the amount stated in the certificate is due under
the terms of the Contract. Partial payments on the Contract price shall not be
considered as an acceptance of any part of the work.
D. Interest shall be paid on all undisputed payment requests not paid within thirty
(30) days pursuant to Public Contracts Code Section 20104.50. Public Contract
Code Section 7107 is hereby incorporated by reference.
E. In accordance with Section 9 -3.2 of the Standard Specifications for Public Works
Construction and Section 9203 of the Public Contract Code, a reduction in the
retention may be requested by the Contractor for review and approval by the
Engineer if the progress of the construction has been satisfactory, and the project
is more than 50% complete. The Council hereby delegates its authority to
reduce the retention to the Engineer.
7. LIQUIDATED DAMAGES — EXTENSION OF TIME. In accordance with Government
Code Section 53069.85, CONTRACTOR agrees to forfeit and pay to CITY the sum of
one thousand dollars ($1,000.00) per day for each calendar day completion is delayed
beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be
deducted from any payments due to or to become due to CONTRACTOR.
CONTRACTOR will be granted an extension of time and will not be assessed liquidated
damages for unforeseeable delays beyond the control of, and without the fault or
negligence of, the CONTRACTOR including delays caused by CITY. Within ten (10)
calendar days of the occurrence of such delay, CONTRACTOR shall give written notice
to CITY. Within thirty (30) calendar days of the occurrence of the delay, CONTRACTOR
shall provide written documentation sufficient to support its delay claim to CITY.
CONTRACTOR'S failure to provide such notice and documentation shall constitute
CONTRACTOR'S waiver, discharge, and release of such delay claims against CITY.
8. WAIVER OF CLAIMS. On or before making each request for payment under Paragraph
6 above, CONTRACTOR shall submit to CITY, in writing, all claims for compensation as
to work related to the payment. Unless the CONTRACTOR has disputed the amount of
the payment, the acceptance by CONTRACTOR of each payment shall constitute a
release of all claims against the CITY related to the payment. CONTRACTOR shall be
required to execute an affidavit, release, and indemnity agreement with each claim for
payment.
9. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor Code of
the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contract, from the
Director of the Department of Industrial Relations. These rates are available from the
California Department of Industrial Relation's Internet Web Site at http: / /vwvw.dir.ca.gov.
CONTRACTOR shall post a copy of such wage rates at the job site and shall pay the
adopted prevailing wage rates as a minimum. CONTRACTOR shall comply with the
provisions of Section 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.
Pursuant to the provisions of 1775 of the Labor Code, CONTRACTOR shall forfeit to the
CITY, as a penalty, the sum of $25.00 for each calendar day, or portion thereof, for each
laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Contract, by him or by any subcontractor under him, in
violation of the provisions of the Contract.
10. TIME OF THE ESSENCE. Time is of the essence in this contract.
11. INDEMNIFICATION. All work covered by this Contract done at the site of construction
or in preparing or delivering materials to the site shall be at the risk of CONTRACTOR
alone. CONTRACTOR agrees to save, indemnify, hold harmless and defend CITY,
DISTRICT, and /or AGENCY its officers, employees, and agents, against any and all
liability, injuries, or death of persons (CONTRACTOR's employees included) and
damage to property, arising directly or indirectly out of the obligations herein undertaken
or out of the operations conducted by CONTRACTOR, save and except claims or
litigations arising through the sole active negligence or sole willful misconduct of the
CITY.
The CONTRACTOR shall indemnify and be responsible for reimbursing the CITY for any
and all costs incurred by the CITY as a result of Stop Notices filed against the project.
The CITY shall deduct such costs from Progress Payments or final payments due to the
CITY.
12. GRATUITIES. CONTRACTOR warrants that neither it nor any of its employees, agents,
or representatives has offered or given any gratuities or promises to CITY's employees,
agents, or representatives with a view toward securing this Contract or securing
favorable treatment with respect thereto.
13. CONFLICT OF INTEREST. CONTRACTOR warrants that he has no blood or marriage
relationship, and that he is not in any way associated with any City officer or employee,
or any architect, engineer, or other preparers of the Drawings and Specifications for this
project. CONTRACTOR further warrants that no person in its employ has been
employed by the CITY within one year of the date of the Notice Inviting Bids.
14. CONTRACTOR'S AFFIDAVIT. After the completion of the work contemplated by this
Contract, CONTRACTOR shall file with the City Manager, its affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors
upon the Project have been paid in full, and that there are no claims outstanding against
the Project for either labor or materials, except certain items, if any, to be set forth in an
affidavit covering disputed claims or items in connection with a Stop Notice which has
been filed under the provisions of the laws of the State of California.
15. NOTICE TO CITY OF LABOR DISPUTES. Whenever CONTRACTOR has knowledge
that any actual or potential labor dispute is delaying or threatens to delay the timely
performance of the Contract, CONTRACTOR shall immediately give notice thereof,
including all relevant information with respect thereto, to CITY.
16. BOOKS AND RECORDS. CONTRACTOR's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable
times be subject to inspection and audit by any authorized representative of the CITY.
17. INSPECTION. The work shall be subject to inspection and testing by CITY and its
authorized representatives during manufacture and construction and all other times and
places, including without limitation, the plants of CONTRACTOR and any of its suppliers.
CONTRACTOR shall provide all reasonable facilities and assistance for the safety and
convenience of inspectors. All inspections and tests shall be performed in such manner
as to not unduly delay the work. The work shall be subject to final inspection and
acceptance notwithstanding any payments or other prior inspections. Such final
inspection shall be made within a reasonable time after completion of the work.
18. DISCRIMINATION. CONTRACTOR represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion,
national origin, color, sex, age, or handicap.
19. GOVERNING LAW. The City and Contractor understand and agree that the laws of the
State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Contract and also govern the interpretation of this Contract. Any litigation
concerning this Contract shall take place in the municipal, superior, or federal district
court with geographic jurisdiction over the City of Temecula. In the event of litigation
between the parties concerning this Contract, the prevailing party as determined by the
Court, shall be entitled to actual and reasonable attorney fees and litigation costs
incurred in the litigation.
20. PROHIBITED INTEREST. No member, officer, or employee of the City of Temecula or
of a local public body shall have any interest, direct or indirect, in the contract or the
proceeds thereof during his /her tenure or for one year thereafter.
Furthermore, the contractor /consultant covenants and agrees to their knowledge that no
board member, officer or employee of the City of Temecula has any interest, whether
contractual, non - contractual, financial or otherwise, in this transaction, or in the business
of the contracting party other than the City of Temecula, and that if any such interest
comes to the knowledge of either party at any time, a full and complete disclosure of all
such information will be made, in writing, to the other party or parties, even if such
interest would not be considered a conflict of interest under Article 4 (commencing with
Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the
Government Code of the State of California.
21. ADA REQUIREMENTS. By signing this contract, Contractor certifies that the Contractor
is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-
336, as amended.
22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract
Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid,
directed to the address of the CONTRACTOR as set forth in the Contract Documents,
and to the CITY addressed as follows:
Mailing Address:
Greg Butler
Director of Public Works /City Engineer
City of Temecula
P.O. Box 9033
Temecula, CA 92589 -9033
Street Address:
Greg Butler
Director of Public Works /City Engineer
City of Temecula
43200 Business Park Drive
Temecula, CA 92590 -3606
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the
date first above written.
DATED:
CONTRACTOR
ATOM Engineering Construction
40410 Vista Road
Hemet, CA 92544
(951) 929 -3907
a
Print or type NAME
Print or type TITLE
Print or type NAME
Print or type TITLE
(Signatures of two corporate officers required for Corporations)
DATED: CITY OF TEMECULA
ATTEST:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
Jeff Comerchero, Mayor
Project
Proposition 1B Funds Allocation Based on City Council Actions
FY 09/10 June 8 Updated
Budget Transfers Budget
June 22 Final
Transfers Budge
PW09 -06 - Slurry Seal
Admin
$
86,071
$
85,858
$ 85,858
Construction
$ 47,347
$
700,000
$ (107,343) $
592,657
$ 592,657
Construction Engineering
$ 257,343 $
$
33,823
$
33,823
$ 33,823
Design
$
$ 20,000
$
$
-
$ -
Total
Design
$
819,894
$ (107,343) $
712,338
$ 712,338
PW09 -08 - RCR Storm Drain
Admin
$ 86,071
$
75,316
$ (25,000)
$ 50,316
Construction
$ 47,347
$ 209,623
$ (150,000) $
59,623
$ (5,192)
$ 54,431
Construction Engineering
$ 257,343 $
$ 25,000
$
25,000
$ (12,000)
$ 13,000
Design
$
$ 20,000
$
18,155
$ (18,155)
$ -
Total
Design
$ 340.694
S (150.000) S
178.094
S (60.347)
$ 117.747
PW09 -10 - Jedediah Smith Road
Admin
$
43,036
$
33,062
$ 47,347
$
80,409
Construction
$
215,000
$ 257,343 $
472,343
$
472,343
Construction Engineering
$
17,311
$
17,311
$ 13,000
$
30,311
Design
$
20,000
$
20,000
$
20,000
Total
$
295,347
$ 257,343 $
542,716
$ 60,347
$
603,063
PROJECT DESCRIPTION
Project Title:
ROAD AND STORM DRAbbi REPAIR AT RANCRO CALIFORNIA ROAD PRIORITY:I
Project Type:
Circulation
Description:
Project will replace approumately 140 feet of aging comouted nodal pipe under Rancho California Road, cast of Hope Drive,
with reinforced concrete pipe, end rccnnstmu Mat portion oftbe roadway.
Department;
Public Worts - Amount NO. 210.165510
Scope 0 Project
Project will include enviroruoenul processing. design, and reconslmction of Me roadway segment aReued by Me failing drainage
pipe.
Bene1R:
Project will improve saety and circulat ion while maintaining theintegriry of ft meats during inclement weather.
Project Gast Actuals
to Date 2009 -10 2010 -11 2011 -12 2012 -2013 2013 -2014 Future Ynn Total Project Cwt
Administration $ 86,071 S 86,071
Construction E 209.623 E 209.623
Condominium Engineering $ 251000 S 25,000
Design $ 20p00 E 20,000
Touls $ $ 340694 $ $ E E E E 340,694
Source of Funds:
Proposition IB(siaen ma
Roma $ 340,694 I 340.694
Total Fend g: $ S 340,699 S $ I E E I 340,694
Future 0 B M Goat N/A
r.aj «Inn.: RO"ANnsmnm
Item No. 15
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: June 22, 2010
SUBJECT: Annual Purchase Agreement for FY2010 -2011 for the Purchase of Asphalt
Products
PREPARED BY: Rodney Tidwell, Maintenance Supervisor
RECOMMENDATION: That the City Council approve the purchase agreement for Fiscal Year
2010 -2011 with CalMat (dba Vulcan Materials Company) in the amount of $100,000.00.
BACKGROUND: The City routinely repairs streets that have been accepted into the
City's street maintenance system. The Public Works Maintenance Division purchases and installs
hot mix asphalt, SS1 H tack, and Class "2" Base for potholes and pavement repairs. Staff
recommends that the City Council approve the purchase agreement with CalMat, for Fiscal Year
2010 -2011 to purchase paving materials.
CalMat is currently a sole source vendor in the Southwest Riverside County for the purchase of hot
mix asphalt and SS1 H emulsion tack. Their one (1) plant location is in Corona.
FISCAL IMPACT: Adequate funds are currently programmed in the Fiscal Year 2010-
2011 Operating Budget for the Public Works Department, Maintenance Division for Routine Street
Maintenance.
ATTACHMENTS: Purchase Agreement
NON- EXCLUSIVE COMMODITY AGREEMENT
BETWEEN CITY OF TEMECULA
AND
CALMAT (dba VULCAN MATERIALS COMPANY)
FOR HOT MIX ASPHALT AND SS1 H EMULSION TACK
THIS AGREEMENT is made and effective as of July 1, 2010, between the City of
Temecula , a municipal corporation (hereinafter referred to as "City "), and CALMAT (dba
Vulcan Materials Company, a Corporation (hereinafter referred to as "Vendor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010 and shall remain and continue in effect
until tasks described herein are completed, but in no event later than June 30, 2011 unless
sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for three (3) additional one
(1) year terms. In no event shall the contract be extended beyond June 30, 2014.
If Agreement is extended beyond the original term, the Agreement price shall be
adjusted at the beginning of each calendar year in accordance with the changes in the
Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim - Riverside Area
published monthly by the United States Bureau of Labor Statistics (CPI).
2. PURCHASE OF GOODS
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Vendor for the non - exclusive procurement of
retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set
forth in full. The Vendor understands this Agreement is non - exclusive and the City reserves the
right to purchase similar goods from other consultants.
3. PURCHASE PRICE
The City agrees to pay the Vendor for merchandise ordered and received with an
annual not to exceed amount of One Hundred Thousand Dollars and No Cents
($100,000.00) for the total term of the Agreement. Vendor will submit invoices monthly for
actual merchandise ordered and received. invoices shall be submitted between the first and
I
fifteenth day of each month for merchandise delivered and accepted. Payment will be made
within thirty (30) business days following the receipt of invoice as to all non - disputed fees. The
not to exceed purchase amount listed herein is an estimated expenditure and this Agreement
does not guarantee Vendor this amount in purchases.
4. REPRESENTATION AND WARRANTIES OF VENDOR
Vendor makes the following representations and warranties to City:
a. Authority and Consents. Vendor has the right, power, legal capacity and
authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any persons are necessary in connection with Vendor's execution, delivery and
performance of this Agreement, except for such as have been obtained on or prior to the date
hereof. The execution, delivery and performance of this Agreement by Vendor have been duly
authorized by all necessary action on the part of Vendor and constitute the legal, valid and
binding obligations of Vendor, enforceable against Vendor in accordance with their respective
terms.
b. Title. License and Operating Condition. Vendor has good and marketable
title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or
mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and
restrictions except for such as may be created or granted by City. All of the merchandise is in
good condition, free of any defects, and are in conformity with the specifications, descriptions,
representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in
the Agreement Documents that may be attached hereto or incorporated herein.
C. Full Disclosure. None of the representations and warranties made by
Vendor in this Agreement contains or will contain any untrue statements of a material fact, or
omits to state a material fact necessary to make the statements made, in light of the
circumstances under which they were made, not misleading.
5. TIME OF DELIVERY
The date and time of delivery of the merchandise shall be stated at time of order. The
merchandise shall be delivered to the City location as stated on the purchase order or at time of
merchandise order.
6. RISK OF LOSS
Risk of loss, damage and destruction of the merchandise shall remain with the Vendor
until after inspection and acceptance of the merchandise by City.
7. INSPECTION AND ACCEPTANCE
City shall inspect the merchandise at the time and place of delivery. Such inspection
may include reasonable review by City. If in the determination of the City, the merchandise fails
to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor
within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise
shall be deemed accepted by City as of the date of receipt.
8. REJECTION
In the event of such notice of non - conformity by City pursuant to the section entitled
"Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the
Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or
units /portions of the Merchandise and reject the remainder. The exercise of any of the above
options shall be "without prejudice" and with full reservation of any rights and remedies of City
2
attendant upon a breach. In the event of such notice and election by City, City agrees to comply
with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in
following such instructions, Vendor shall indemnify City in full for such expenses.
9. NO REPLACEMENTS OF CURE
This Agreement calls for strict compliance. Vendor expressly agrees that both the
Merchandise tendered and the tender itself will conform fully to the terms and conditions of the
Agreement on the original tender. In the event of rejection by City of the whole of the
Merchandise or any part thereof pursuant to the section entitled "Rejection" above, City may,
but is not required to, accept any substitute performance from Vendor or engage in subsequent
efforts to affect a cure of the original tender by Vendor.
10. NON -ASSIGNABILITY
The Vendor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City.
11. INDEPENDENT CONTRACTOR
The Vendor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the Work under this Agreement on behalf of the Vendor
shall at all times be under Vendor's exclusive direction and control.
12. LEGAL RESPONSIBILITIES
The Vendor shall keep itself informed of State and Federal laws and regulations which in
any manner affect those employed by it or in any way affect the performance of its service
pursuant to this Agreement. The Vendor shall at all times observe and comply with all such
laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Vendor to comply with this section.
13. INDEMNIFICATION
Vendor agrees to defend, indemnify, protect, and hold harmless, the City, District and/or
Agency and its officers, officials, employees, agents, and volunteers, from and against any and
all claims, demands, losses, defense costs or expenses, actions, liability or damages of any
kind and nature which the City, District and/or Agency its officers, agents, employees, and
volunteers may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions
arising out of or in any way related to the Work or the Vendor's performance or non-
performance of this Agreement, excepting only liability out of the sole negligence of the City.
I
14. . TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended at any time, for any reason, with or
without cause at the sole and exclusive discretion of the City Manager, without default or breach
of this Agreement by the City.
3
15. SURVIVAL OF RERESENTATIONS AND WARRANTIES
All representations, warranties, covenants and agreements of the parties contained in
this Agreement shall survive the execution, delivery and performance of this Agreement.
16. REMEDIES
The remedies and rights conferred on the City by this Agreement are in addition to and
cumulative with all other remedies and rights accorded the City under law or equity.
17. SEVET RABILITY
If any provision of this Agreement is held invalid or unenforceable by any court of final
jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed
to remain fully valid, enforceable, and binding on the parties.
18. GOVERNING LAW
This Agreement shall be construed in accordance with, and governed by, the laws of the
State of California as applied to contracts that are executed and performed entirely in California.
The City and Vendor understand and agree that the laws of the State of California shall govern
the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the
interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the
municipal, superior, or federal district court with geographic jurisdiction over the City of
Temecula. In the event such litigation is filed by one party against the other to enforce its rights
under this 'Agreement, the prevailing party, as determined by the court's judgment, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted.
19. ENTIRE AGREEMENT
This is the entire agreement between the parties regarding the commodities purchased
by this Agreement. Any modification or amendment of this Agreement shall not be effective
unless in writing and assigned by the parties to this Agreement.
20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Vendor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Vendor
and has the authority to bind the Vendor to the performance of its obligation hereunder.
I
i
i
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA CALMAT (dba Vulcan Materials Company
(rwo Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Jeff Comerchero, Mayor Don Luna, District Sales Manager
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
Chris East, So. Cal. Sales Rep.
By:
Peter M. Thorson, City Attorney VENDOR
CALMAT (dba Vulcan Materials Company
Don Luna, District Sales Manager
1603 E. Foothill Boulevard
Irwindale, CA 91702
909/421 -4162
j
FSM Initials
Date:
i`
i
5
EXHIBIT A
DESCRIPTION AND PRICE LIST OF MERCHANDISE
s
Attn: Rodney Tidwell
[ Rodney .Tidwell @cityoftemecu la.org]
951- 694 -6475
Temecula/ City Of
Po Box 9033
Temecula, CA 92589
Acct #: 0710049
Date: Thursday, May 27, 2010
Quote Created: Thursday, May 27, 2010
Quote #: 1- NIR6X6
Quote Name: 1- NIR6X6
Effective From: Thursday, July 01, 2010
Version #: 3
Materials Company
Project: FOB CORONA
7/1/2010 THRU 6/30/2010
PICKED UP
VARIOUS LOCATIONS
TEMECULA, CA
Sales Rep: Chris East
eastc @vmcmail.com
(626)633 -1228
Quote Expiration: Saturday, June 26, 2010
Price Expiration: Thursday, June 30, 2011
Special instructions:
PRICE QUOTED IS PICKED UP. DELIVERY IS EXTRA.TAX SUBJECT TO INCREASE.PRICE EXCLUDES ENVIRONMENTAL FEE OF
$1.00 +TAX PER LOAD. PRICES EFFECTIVE 7/1/2010 THRU 6/30/2010
Asphalt
F.O.B.
F.O.B. Plant
Plant ___,._,
Product Name 111,111.1.111,
Product
Qty. _. .........
UN
,,,,,,,,,,,
_,__,_ Tax Incl.,,
Corona Asphalt
ENVIRONMENTALFEE
9BB
1
Each
$1.00
$0.09
$1.09
Corona Asphalt
REG- HOTMIX64 -10
B5X
1
TONS
$62.00
$5.43
$67.43
Corona Asphalt
' SHEETMIX/SCHLMIX
B7X
1
TONS
$65.00
$5.69
$70.69
Corona Asphalt
COLD MIX 3 /8 "SC8
B91-1
1
TONS
$65.00
$5.69
$70.69
Corona Asphalt
SS1H /GAL
BMt
1
GALS
$7.00
$0.61
$7.61
Corona Asphalt
SS1 H/4.5 Gal Bucket
BM2
1
Each
$41.00
$3.59
$44.59
All taxes applicable to the sale or delivery of materials will be invoiced to and paid by the customer. Terms are Net 30. Please note standard
terms and conditions apply.
This quote is limited to acceptance within 30 days from the date of this quotation after which time quotation is subject to review /revision.
Please contact Sales prior to placing the order.
Accepted by: _ Date: _
Sales Representative: Date:
We appreciate the opportunity to provide you this quote and trust that Vulcan will have the pleasure serving your needs for this and future
projects.
Quotation generated on 5/27/2010
Item No. 16
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: June 22, 2010
SUBJECT: Annual Purchase Agreement for Citywide Street Name Signs, for Fiscal Year
2010 -2011
PREPARED BY: Rodney Tidwell, Maintenance Supervisor
RECOMMENDATION: That the City Council approve an annual agreement with Main Street
Signs in the amount of $75,000.00 for Fiscal Year 2010 -2011.
BACKGROUND: The Public Works Maintenance Division requested quotes from three
(3) sign manufacturing vendors for the purchase of Citywide street name signs, traffic control signs,
specialty signs and hardware for sign replacements and repairs. Main Street Signs provided the
lowest quote for the City wide signs and necessary hardware for new installations, replacement,
repair and related hardware.
Main Street Signs has been providing all City street name signs and repair hardware for sixteen
years. In obtaining price quotes from various vendors, Main Street Signs has consistently been the
lowest and most responsible bidder in providing the Citywith exceptional; and reliable service forthe
past sixteen years.
Staff recommends maintaining the City's current street name sign stock; maintain the ability to
provide signs and hardware within 24 to 48 hours from the vendor for sign installations and repairs;
and enter into a contract with Main Street Signs for these services.
FISCAL IMPACT: Adequate funds are programmed in the Fiscal Year 2010 -2011
Operating Budget for the Public Works Department, Maintenance Division and Public Works Traffic
Division Signs Account.
ATTACHMENTS: Contract
NON- EXCLUSIVE COMMODITY AGREEMENT
BETWEEN CITY OF TEMECULA AND MAIN STREET SIGNS
FOR CITY STREET NAME SIGNS
THIS AGREEMENT is made and effective as of July 1, 2010, between the City of
Temecula, a municipal corporation (hereinafter referred to as "City "), and Main Street Signs, a
Corporation (hereinafter referred to as "Vendor "). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2010 and shall remain and continue in effect
until tasks described herein are completed, but in no event later than June 30, 2011 unless
sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for three (3) additional one
(1) year terms. In no event shall the contract be extended beyond June 30, 2014.
If Agreement is extended beyond the original term, the Agreement price shall be
adjusted at the beginning of each calendar year in accordance with the changes in the
Consumer Price Index for all Urban Consumers in the Los Angeles- Anaheim - Riverside Area
published monthly by the United States Bureau of Labor Statistics (CPI).
2. PURCHASE OF GOODS
Vendor recognizes and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the City and the Vendor for the non - exclusive procurement of
retail goods as specified on Exhibit A, attached hereto and incorporated herein as though set
forth in full. The Vendor understands this Agreement is non - exclusive and the City reserves the
right to purchase similar goods from other consultants.
3. PURCHASE PRICE
The City agrees to pay the Vendor for merchandise ordered and received with an
annual not to exceed amount of Seventy Thousand Dollars and No Cents ($75,000.00) for
the total term of the Agreement. Vendor will submit invoices monthly for actual merchandise
ordered and received. Invoices shall be submitted between the first and fifteenth day of each
month for merchandise delivered and accepted. Payment will be made within thirty (30)
business days following the receipt of invoice as to all non - disputed fees. The not to exceed
purchase amount listed herein is an estimated expenditure and this Agreement does not
guarantee Vendor this amount in purchases.
4 REPRESENTATION AND WARRANTIES OF VENDOR
Vendor makes the following representations and warranties to City:
a. Authority and Consents. Vendor has the right, power, legal capacity and
authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any persons are necessary in connection with Vendor's execution, delivery and
1
performance of this Agreement, except for such as have been obtained on or prior to the date
hereof. The execution, delivery and performance of this Agreement by Vendor have been duly
authorized by all necessary action on the part of Vendor and constitute the legal, valid and
binding obligations of Vendor, enforceable against Vendor in accordance with their respective
terms.
b. Title, License and Operating Condition. Vendor has good and marketable
title to all of the merchandise. All of the merchandise are free and clear of any restrictions on or
mortgages, liens, pledges, charges, encumbrances, equities, claims, covenants, conditions, and
restrictions except for such as may be created or granted by City. All of the merchandise is in
good condition, free of any defects, and are in conformity with the specifications, descriptions,
representations and warranties set forth in the Vendor's catalog, website, retail store, quote or in
the Agreement Documents that may be attached hereto or incorporated herein.
C. Full Disclosure. None of the representations and warranties made by
Vendor in this Agreement contains or will contain any untrue statements of a material fact, or
omits to state a material fact necessary to make the statements made, in light of the
circumstances under which they were made, not misleading.
5. TIME OF DELIVERY
The date and time of delivery of the merchandise shall be stated at time of order. The
merchandise shall be delivered to the City location as stated on the purchase order or at time of
merchandise order.
6. RISK OF LOSS
Risk of loss, damage and destruction of the merchandise shall remain with the Vendor
until after inspection and acceptance of the merchandise by City.
7. INSPECTION AND ACCEPTANCE
City shall inspect the merchandise at the time and place of delivery. Such inspection
may include reasonable review by City. If in the determination of the City, the merchandise fails
to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Vendor
within ten (10) days of delivery of the merchandise to City. Failing such notice, the merchandise
shall be deemed accepted by City as of the date of receipt.
8. REJECTION
In the event of such notice of non - conformity by City pursuant to the section entitled
"Inspection and Acceptance" above, City may, at its option, (1) reject the whole of the
Merchandise, (2) accept the whole of the Merchandise, or (3) accept any commercial unit or
units /portions of the Merchandise and reject the remainder. The exercise of any of the above
options shall be "without prejudice" and with full reservation of any rights and remedies of City
attendant upon a breach. In the event of such notice and election by City, City agrees to comply
with all reasonable instructions of Vendor and, in the event that expenses are incurred by City in
following such instructions, Vendor shall indemnify City in full for such expenses.
9. NO REPLACEMENTS OF CURE
This Agreement calls for strict compliance. Vendor expressly agrees that both the
Merchandise tendered and the tender itself will conform fully to the terms and conditions of the
Agreement on the original tender. In the event of rejection by City of the whole of the
Merchandise or any part thereof pursuant to the section entitled "Rejection" above, City may,
but is not required to, accept any substitute performance from Vendor or engage in subsequent
efforts to affect a cure of the original tender by Vendor.
10. NON -ASSIGNABILITY
The Vendor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City.
11. INDEPENDENT CONTRACTOR
The Vendor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the Work under this Agreement on behalf of the Vendor
shall at all times be under Vendor's exclusive direction and control.
12. LEGAL RESPONSIBILITIES
The Vendor shall keep itself informed of State and Federal laws and regulations which in
any manner affect those employed by it or in any way affect the performance of its service
pursuant to this Agreement. The Vendor shall at all times observe and comply with all such
laws and regulations. The City, and its officers and employees, shall not be liable at law or in
equity occasioned by failure of the Vendor to comply with this section.
13.
Vendor agrees to defend, indemnify, protect, and hold harmless, the City, District and/or
Agency and its officers, officials, employees, agents, and volunteers, from and against any and
all claims, demands, losses, defense costs or expenses, actions, liability or damages of any
kind and nature which the City, District and/or Agency its officers, agents, employees, and
volunteers may sustain or incur or which may be imposed upon them for injury to or death of
persons, or damage to property arising out of Vendor's negligent or wrongful acts or omissions
arising out of or in any way related to the Work or the Vendor's performance or non -
performance of this Agreement, excepting only liability out of the sole negligence of the City.
14. TERMINATION OR SUSPENSION
This Agreement may be terminated or suspended at any time, for any reason, with or
without cause at the sole and exclusive discretion of the City Manager, without default or breach
of this Agreement by the City.
15. SURVIVAL OF RERESENTATIONS AND WARRANTIES
All representations, warranties, covenants and agreements of the parties contained in
this Agreement shall survive the execution, delivery and performance of this Agreement.
3
16. REMEDIES
The remedies and rights conferred on the City by this Agreement are in addition to and
cumulative with all other remedies and rights accorded the City under law or equity.
17. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable by any court of final
jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed
to remain fully valid, enforceable, and binding on the parties.
18. GOVERNING LAW
This Agreement shall be construed in accordance with, and governed by, the laws of the
State of California as applied to contracts that are executed and performed entirely in California.
The City and Vendor understand and agree that the laws of the State of California shall govern
the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the
interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the
municipal, superior, or federal district court with geographic jurisdiction over the City of
Temecula. In the event such litigation is filed by one party against the other to enforce its rights
under this Agreement, the prevailing party, as determined by the court's judgment, shall be
entitled to reasonable attorney fees and litigation expenses for the relief granted.
19. ENTIRE AGREEMENT
This is the entire agreement between the parties regarding the commodities purchased
by this Agreement. Any modification or amendment of this Agreement shall not be effective
unless in writing and assigned by the parties to this Agreement.
20. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Vendor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the Vendor
and has the authority to bind the Vendor to the performance of its obligation hereunder.
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA MAIN STREET SIGNS
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Jeff Comerchero, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
By:
By:
Chuck Atha, President
Gina M. Atha
VENDOR
MAIN STREET SIGNS
Chuck Atha, President
1211 W, Brooks Street, Suite A
Ontatio, CA 91762
909/391 -0988
FSM Initials:
Date: & b
5
EXHIBIT A
DESCRIPTION AND PRICE LIST OF MERCHANDISE
Main Street
I Signs
1211 W. BROOKS ST. STE. A
ONTARIO, CA 91762
909 -391 -0988 FAX 909 - 391 -0249
NAMEIADDRESS
CITY OF TEMECULA
PO BOX 9033
TEMECULA, CA 92589 -9033
RODNEY
��
REP
TERMS
Net 30
SIGN
DESCRIPTION
CITY
UNIT
TOTAL
Rl
STOP SIGN 30" HIP 1160
1
52.10
52.1 OT
R2
SPEED LIMIT 25 24X30 HIP
1
35.00
35.00T
R4 -7
KEEP RIGHT SYMBOL 24X30 HIP
1
35.00
35.00T
W55
FLOODED 30X30 HIP
1
37.50
37.50T
W5
CURVE (ARROW) 36X36 HIP
1
55.00
55.00T
W20 -1
ROAD WORKAHEAD 36X36 HIP
1
55.00
55.00T
C5
DETOUR W/ARROW 36X12 HIP
1
21.00
21.00T
RI -4
ALL WAY 18X6 HIP
1
6.25
6.25T
G93
BIKEROUTE 24XI8 HIP
1
21.00
21.00T
R32
2 HR PARKING W/TIMES 12X18 HIP
1
12.25
12.25T
PRICES GOOD THRU JULY 2010 - NNE 2011
SALES TAX
8.75%
28.88
TOTAL $358.98
ALL QUOTES GOOD FOR 30 DAYS.
EMAIL:chuck @mainstreetsigns.net
WEBSITE: www.mainstreetsigns.net
Main Street
I Signs
1211 W. BROOKS ST. STE. A
ONTARIO, CA 91762
909 - 391 -0988 FAX 909 - 391 -0249
NAME /ADDRESS
ATTN:ACCTSPAYABLE
PO BOX 9033
TEMECULA, CA 92589 -9033
Estimate -
DATE
1/27/2010
Rodney
I REP I TERMS I
Net 30
SIGN
DESCRIPTION
QTY
UNIT
TOTAL
SPEC
ALL SIGNS 48" X 48"
1
144.00
144.00T
SPEC
ALL SIGNS 36" X 36"
1
81.00
81.00T
SPEC
ALL SIGNS 30" X 36"
1
67.50
67.50T
SPEC
ALL SIGNS 30" X 30"
1
56.25
56.25T
SPEC
ALL SIGNS 30 "X 24"
1
45.00
45.00T
SPEC
ALL SIGNS 24" X 24"
1
36.00
36.00T
SPEC
ALL SIGNS 24" X 18"
1
27.00
27.00T
SPEC
ALL SIGNS 18" X 18"
1
20.25
20.25T
SPEC
ALL SIGNS 12 "X 18"
1
18.00
18.00T
SPEC
ALL SIGNS SMALLER
1
15.00
15.00T
SPEC
NON STANDARD TRAFFIC SIGNS $21.00 sq ft
1
0.00
O.00T
SQ. POST
SQUARE POST 10'
1
55.00
55.00T
SQ. POST
SQUARE POST 12'
1
65.00
65.00T
ANCHORS
POST ANCHORS 30"
1
35.00
35.00T
DRIV-RN
DRIVE RIVETS 3/8
1
1.00
LOOT
H/W
HARDWARE for street name signs
1
22.00
22.00T
H/W
HARDWARE nuts and bolts lset
1
4.50
4.50T
DURA -POST
DURA -POST WBASES (delineators)
1
45.00
45.00T
Q- MARKER
ROAD MARKERS 4 "X21" W/ BASES (island markers)
1
40.00
40.00T
SALES TAX
8.75%
68.03
TOTAL $845.53
ALL QUOTES GOOD FOR 30 DAYS
EMAIL:chuck@mainstreetsigns.net
WEBSITE: www.mainstreetsigns.net
Item No. 17
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Greg Butler, Director of Public Works /City Engineer
DATE: June 22, 2010
SUBJECT: Approval of Purchase and Sale Agreement for acquisition in fee of the real
property commonly known as 41375 McCabe Court, Temecula, and identified
as Riverside County Assessor's Parcel Number 910 - 262 -008 in connection with
the City's proposed French Valley Parkway /Interstate -15 Over - Crossing and
Interchange Project - Project Numbers PW02 -11 and PW07 -04
PREPARED BY: Amer Attar, Principal Engineer
Paula Gutierrez Baeza, City Attorney's Office
RECOMMENDATION: That the City Council:
Adopt a resolution entitled:
RESOLUTION NO. 10-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN THE CITY OF
TEMECULA AND BASICS ETC. CORPORATION IN
CONNECTION WITH THE FRENCH VALLEY PARKWAY/
INTERSTATE -15 OVER - CROSSING AND INTERCHANGE
IMPROVEMENTS PROJECT — PROJECT NUMBERS PW02 -11
AND PW07 -04
2. Authorize the Finance Director to issue a warrant for the sum of $2,335,000.00 plus
escrow fees for deposit with the Escrow Holder First American Title Insurance to
complete the transaction. Escrow fees are estimated to not exceed $15,000.00.
3. Authorize the City Manager to approve and execute any necessary documents, including
the lease in the form substantially attached as Exhibit "C" to the Purchase and Sale
Agreement, and to take all necessary actions to complete this acquisition, including
without limitation, all escrow instructions.
BACKGROUND: The City of Temecula, the City of Murrieta and the California
Department of Transportation ( "Caltrans ") have been working cooperatively on the proposed
French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project —
Project Numbers PW02 -11 and PW07 -04 ( "Proposed Project "). The Proposed Project would
construct a new interchange, French Valley Parkway, at Interstate 15, between the existing
Winchester Road (State Route 79 North and the 1 -15/1 -215 junction, along with enhancements
to facilitate improved operations on the existing mainline facility. French Valley Parkway would
be constructed as a six -lane arterial highway from Jefferson Avenue to Ynez Road. Auxiliary
lanes would be provided in both the northbound and southbound directions. The Proposed
Project would also construct an up to three -lane collector distributor system parallel to 1 -15
between the 1 -15/1 -215 confluence and Winchester Road in both the northbound and
southbound directions. The collector distributor system will relieve mainline congestion in this
area caused by weaving traffic movement. This system would remove large numbers of
commuters who are entering and exiting the freeway in this area from the main line which would
provide better levels of service to vehicles traveling through this area. The Proposed Project
would construct north and southbound on- and off -ramps to 1 -15 connecting Jefferson Avenue
on the west with the extension of Date Street to the east.
Caltrans authorized the City to acquire the necessary real property interests from two parcels
under its early acquisition policy. One of these parcels that the proposed Project would impact
is the real property commonly known as 41375 McCabe Court, Temecula, and identified as
Riverside County Assessor's Parcel Numbers 910 - 262 -008 ( "subject property ") that is the
subject of the attached Purchase and Sale Agreement. Accordingly, the City, on July 8, 2009,
extended a written offer to the property owner, Basics Etc. Corporation ( "Basics "), to purchase
the subject property for the sum of $2,335,000.00 ( "Purchase Price "). The Purchase Price is the
fair market value of the subject property as determined by the City's independent appraiser
based on an October 2008 date of value. In accordance with Caltrans ROW acquisition
procedures an independent review appraisal was completed with results presented to Council in
closed session late April 2009, at which time the Council authorized extending an offer to
Basics. Basics accepted the offer shortly thereafter, initiating the negotiations of terms of the
Purchase and Sale Agreement (including Caltrans review and approval).
As shown in the attached Purchase and Sale Agreement, Basics accepted the City's offer to
purchase the subject property for the Purchase Price. The attached Purchase and Sale
Agreement provides that the City will pay to Basics outside of escrow the relocation assistance
and benefits to which Basics is entitled under the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.), if applicable, or under Title 1,
Division 7, Chapter 1 of the Government Code of the State of California (Section 7260 et seq.)
( "California Relocation Law"). The City's relocation consultant is working with Basics to provide
the applicable relocation assistance and benefits. The Agreement provides that the Purchase
Price of $2,335,000.00 does not include compensation for improvements pertaining to the
realty, which will be made by the City to Basics outside of the escrow and in compliance with
Article 3 of the Eminent Domain Law (Compensation for Improvements), commencing at Code
of Civil Procedure Section 1263.025 et seq. Further, the Purchase and Sale Agreement
provides that the Purchase Price does not include compensation for loss of goodwill, if any,
under Code of Civil Procedure Section 1263.510. To obtain compensation for loss of goodwill
under Code of Civil Procedure Section 1263.510, Basics, as the owner of the existing business
operating on the Property, has to prove the elements set forth in Code of Civil Procedure
Section 1263.510. Any recommended payments for relocation benefits, improvements
pertaining to the realty and loss of goodwill would be considered by the City Council at a later
date when the relevant information is available to City staff.
Finally, the Purchase and Sale Agreement provides that the City would lease the subject
property to Basics pursuant to the terms of the form of lease attached as Exhibit "C" to the
Purchase and Sale Agreement. Under the lease, the City would lease the subject property to
Basics on a month -to -month basis commencing on the close of escrow. Basics is required to
vacate the subject property on the 90th day from the City's issuance of a 90 -day notice to
vacate or two years from the date that escrow closes, whichever occurs sooner. The City will
not issue a 90 -day Notice to Vacate until the property is required for the Proposed Project to be
Certified by Caltrans. The lease provides that the base rent for the nine -month term starting on
the close of escrow is zero ($0.00) dollars per month to allow Basics time to locate a suitable
new location and minimize negative impacts to the existing business. The rent beginning on the
tenth month after the date that escrow closes is $8,656.00 per month based on the fair market
lease rent of $0.50 per square foot. The lease provides that the above monthly rent represents
the current fair market rent for light industrial buildings in the City of Temecula and City of
Murrieta areas based on the data available in May 2010, which showed that the majority of
available spaces had asking rents clustered around $0.49 and $0.50 per square foot. The lease
provides that if the market rents decline by more than 10% as of the end of the ninth -month
term, Basics is authorized to submit to the City market data to show the decline in market rents
in the Temecula and Murrieta areas. The lease would require the parties to negotiate in good
faith. The parties would amend the monthly rent commencing on the 10th month from the close
of escrow by using similar methodology as that used to determine the $8,656.00 amount in the
lease.
FISCAL IMPACT: The French Valley Parkway /Interstate -15 Over - Crossing and
Interchange Improvements Project — Project Numbers PW02 -11 and PW07 -04 are identified in
the City's Capital Improvement Program and are funded with various funding sources. The
purchase amount of $2,335,000.00 is reimbursable in its entirety from the Transportation
Uniform Mitigation Fee (TUMF) funding set aside for right of way acquisition. The City can
submit for reimbursement as soon as the transaction is complete. Sufficient funds are available
in the project accounts.
ATTACHMENTS: 1. Resolution 10-
2. Purchase and Sale Agreement and Exhibits to Agreement
3. Project Location and Description
RESOLUTION NO. 10 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED PURCHASE AND SALE
AGREEMENT AND JOINT ESCROW INSTRUCTIONS
BETWEEN THE CITY OF TEMECULA AND BASICS ETC.
CORPORATION IN CONNECTION WITH THE FRENCH
VALLEY PARKWAY/ INTERSTATE -15 OVER - CROSSING
AND INTERCHANGE IMPROVEMENTS PROJECT —
PROJECT NUMBERS PW02 -11 AND PW07 -04
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
1. Findings.
A. The City of Temecula, the City of Murrieta and the California
Department of Transportation ( "Caltrans ") have been working cooperatively on the
proposed French Valley Parkway /Interstate -15 Over - Crossing and Interchange
Improvements Project — Project Numbers PW02 -11 and PW07 -04 ( "Proposed Project ").
The Proposed Project would construct a new interchange, French Valley Parkway, at
Interstate 15, between the existing Winchester Road (State Route 79 North and the 1-
15/1 -215 junction, along with enhancements to facilitate improved operations on the
existing mainline facility. French Valley Parkway would be constructed as a six -lane
arterial highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be
provided in both the northbound and southbound directions. The Proposed Project
would also construct an up to three -lane collector distributor (C /D) system parallel to I-
15 between the 1 -15/1 -215 confluence and Winchester Road in both the northbound and
southbound directions. The collector distributor system will relieve mainline congestion
in this area caused by weaving traffic movement. This system would remove large
numbers of commuters who are entering and exiting the freeway in this area from the
main line which would provide better levels of service to vehicles traveling through this
area. The Proposed Project would construct north and southbound on- and off -ramps
to 1 -15 connecting Jefferson Avenue on the west with the extension of Date Street to the
east.
B. Caltrans authorized the City to acquire the necessary real property
interests from the real property commonly known as 41375 McCabe Court, Temecula,
and identified as Riverside County Assessor's Parcel Numbers 910 - 262 -008 ( "subject
property ") pursuant to Caltrans' early acquisition policy.
C. On July 8, 2009, the City extended a written offer to the property
owner, Basics Etc. Corporation to purchase the subject property for the sum of
$2,335,000.00, which is the fair market value of the property based on an appraisal
prepared by the City's independent appraiser that used a date of value of October 9,
1081620.1
2008. The property owner accepted the City's offer. The purchase price of
$2,335,000.00 is for the fee interest in the subject property.
D. At its meeting of February 23, 2010, the City Council adopted
Resolution No. 10 -14, A Resolution of the City Council of the City of Temecula Adopting
a Mitigated Negative Declaration for the French Valley Parkway/ Interstate -15 Over -
Crossing and Interchange Improvements Project — Project Numbers PW02 -11 and
PW07 -04 and Approving the Project. In adopting Resolution No. 10 -14, the City Council
found that based on the record before it (1) the Mitigated Negative Declaration was
prepared in compliance with CEQA; (2) there is no substantial evidence that the Project
will have a significant effect on the environment that cannot be adequately and feasibly
mitigated; and (3) the Mitigated Negative Declaration reflects the independent judgment
and analysis of the City Council.
2. Approval of Purchase and Sale Agreement. The City Council of the City
of Temecula hereby approves that certain agreement entitled "Purchase and Sale
Agreement and Joint Escrow Instructions Between the City of Temecula and Basics Etc.
Corporation in connection with the French Valley Parkway /Interstate -15 Improvements
Project — Project Numbers PW02 -11 and PW07 -04 ", with such changes in the
Agreement as may be mutually agreed upon by Basics Etc. Corporation and the City
Manager as are in substantial conformance with the form of such Agreement on file in
the Office of the City Clerk. The Mayor is hereby authorized to execute the Agreement,
on behalf of the City. A copy of the final Agreement when executed by the Mayor shall
be placed on file in the Office of the City Clerk. This approval of the Agreement is not
an announcement of the City's intent to acquire any other real property interest for the
proposed Project and does not commit the City to acquire any other real property
interest for the proposed Project.
3. City Manager's Authority. The City Manager (or his designee), is hereby
authorized, on behalf of the City, to take all actions necessary and convenient to carry
out and implement the Agreement, and to administer the City's obligations,
responsibilities and duties to be performed under the said Agreement, including but not
limited to, approval and execution on behalf of the City of grant deeds, acceptances,
escrow instructions, certificates, estoppel letters, and other similar agreements and
documents as contemplated by or described in the Agreement or as necessary and
convenient to implement the Agreement. The City Manager (or his designee) is also
hereby authorized on behalf of the City to execute the Lease Between the City of
Temecula and Basics Etc. Corporation in connection with the French Valley
Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project — Project
Numbers PW02 -11 and PW07 -04, with such changes in the Lease as may be mutually
agreed up on by Basics Etc. Corporation and the City Manager, as are in substantial
conformance with the form of the Lease attached as Exhibit "C" to the Agreement.
4. Environmental Analysis. The environmental effects of the acquisition of
the subject property were studied as an integral part of the Mitigated Negative
Declaration adopted for the proposed Project. The findings made by the City Council at
1081620.1
its meeting of February 23, 2010 in adopting the Mitigated Negative Declaration are the
appropriate findings for the acquisition of the subject property.
5. Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of ,
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. - was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IG1: i. ��G 11►�K�1�1►Nll�dil�dil:l�:i.91
1081620.1
PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN THE CITY OF
TEMECULA AND BASICS ETC. CORPORATION IN
CONNECTION WITH THE FRENCH VALLEY
PARKWAY /INTERSTATE -15 OVER - CROSSING AND
INTERCHANGE IMPROVEMENTS PROJECT — PROJECT
NUMBERS PW02 -11 AND PW07 -04
This Purchase and Sale Agreement Between the City of Temecula and Basics Etc.
Corporation and Joint Escrow Instructions in connection with the French Valley
Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project - Project
Numbers PW02 -11 and PW07 -04 ( "Agreement ") is dated and entered into as of
, 2010 ( "effective date ") by and between BASICS ETC. CORPORATION
( "Seller ") and the CITY OF TEMECULA, a municipal corporation ( "Buyer" or "City "),
and constitutes an agreement to purchase and sell real property between the parties and
the parties' joint escrow instructions directed to First American Title Insurance Company
( "Escrow Holder ").
RECITALS
A. Seller is the record fee owner of certain real property, which is commonly
known as 41375 McCabe Court, Temecula, and identified as Riverside County
Assessor's Parcel Numbers 910 - 262 -008 ( "Property "). The Property is described on
Exhibit "A" and depicted on Exhibit `B" to this Agreement. Exhibits "A" and `B" are
incorporated herein by this reference.
B. On July 8, 2009, Buyer sent to Seller a written offer to purchase certain real
property interests from the Property pursuant to Government Code Section 7267.2 for a
public use, namely for the City's proposed French Valley Parkway /Interstate -15 Over -
Crossing and Interchange Improvements Project- Project Numbers PW02 -11 and PW07-
04 ( "Proposed Project "). Specifically, the City offered to purchase an approximate
18,983 square foot area in fee, including improvements in the area, for the construction of
the Proposed Project. The City's construction of the Proposed Project would impact the
industrial building and other improvements located on the larger parcel requiring the
demolition of the building. The City's offer explained that the acquisition of the
proposed 18,983 square foot area from the Property, including improvements, would
leave an approximate 25,013 remainder parcel consisting of vacant land. The 25,013
square foot remainder parcel is less than the 40,000 square foot minimum lot size
required for development by the Service Commercial Zoning and General Plan
designations of the Property. Accordingly, the City offered as an alternative, to purchase
the entire Property. Seller has accepted the City's offer to purchase the entire Property.
C. The City seeks to acquire the Property, together with all improvements and
non - moveable fixtures thereon for a public use, namely for public street purposes and all
uses necessary or convenient thereto in connection with the proposed Project. The
Proposed Project would construct a new interchange, French Valley Parkway, at
Interstate 15, between the existing Winchester Road (State Route 79 North and the I -15/I-
215 junction, along with enhancements to facilitate improved operations on the existing
mainline facility. French Valley Parkway would be constructed as a six -lane arterial
highway from Jefferson Avenue to Ynez Road. Auxiliary lanes would be provided in
both the northbound and southbound directions. The Proposed Project would also
construct an up to three -lane collector distributor system parallel to I -15 between the I-
15 /I -215 confluence and Winchester Road in both the northbound and southbound
directions. The collector distributor system will relieve mainline congestion in this area
caused by weaving traffic movement. This system would remove large numbers of
commuters who are entering and exiting the freeway in this area from the main line
which would provide better levels of service to vehicles traveling through this area. The
Proposed Project would construct north and southbound on- and off -ramps to I -15
connecting Jefferson Avenue on the west with the extension of Date Street to the east.
The portion of the I -15 interchange adjacent to the larger parcel would be above grade
and Madison Avenue would end at McCabe Court. The Proposed Project is the result of
cooperation between the Cities of Temecula and Murrieta and the California Department
of Transportation ( "Caltrans ").
D. Phase I of the Proposed Project would construct the new southbound off -ramp
at French Valley Parkway and provide a second lane on the Winchester Road southbound
off -ramp ( "Phase I"). Phase I of the Proposed Project would also construct an auxiliary
lane prior to the Winchester Road southbound off -ramp. Phase I is identified in the 2008
Regional Transportation Improvement Program (RTIP) as including the design and
construction of French Valley Parkway from the I -15 to Jefferson, the southbound exit
ramp, the southbound auxiliary lane from French Valley Parkway to Winchester Road,
and the widening of the Winchester Road southbound exit ramp (Project ID # 991202).
Pursuant to the approved Initial Study with Proposed Mitigated Negative Declaration/
Environmental Assessment dated January 2010 ( "Initial Study with Proposed Mitigated
Negative Declaration ") and the approved Project Report ( "Project Report"), the City
estimates that if the Proposed Project is constructed, the construction of Phase I would
start in 2011 and would take approximately 18 months to complete.
E. Phase II of the proposed Project would construct the remaining improvements
described as part of the Proposed Project, including the full French Valley Parkway
Overcrossing and Interchange and the C/D system ( "Phase I1 "). Phase II also includes
the construction of the design elements, including soundwalls, retaining walls, treatment
l3MPs and landscaping. Design of Phase II would be initiated while Phase I design is
being completed so that Phase II construction can commence as soon as Right of Way
Certification for Phase II is obtained by Caltrans. If the City is able to obtain the
necessary right of way for the Proposed Project, the City estimates that construction of
Phase II would start in early 2013 and may take approximately 24 months to complete.
This timeline is a rough estimate.
The Initial Study with Proposed Mitigated Negative Declaration and the Project
Report explain that the Proposed Project seeks to reduce the current and projected traffic
congestion on the ramps and freeway mainline in the area of the Proposed Project. It
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seeks to improve safety and operations between Winchester Road and the I -15 /I -215
Junction. The Proposed Project also seeks to provide alternative vehicular access to I -15
that will also provide operational improvement to the I -15 /Winchester Road interchange.
Further, the Proposed Project seeks to provide improvements to accommodate projected
growth and to facilitate local circulation consistent with the General Plans of the Cities of
Temecula and Murrieta.
F. The Property is necessary for the construction of Phase II of the Proposed
Proj ect.
G. The parties acknowledge that the City is authorized to acquire real property by
eminent domain for a public use, including public street purposes and all uses necessary
or convenient thereto, pursuant to the authority conferred upon the City of Temecula by
California Constitution Article 1, Section 19, California Government Code Sections
37350, 37350.5, 37351, 40401 and 40404 and California Code of Civil Procedure Section
1230.010 et seq. (Eminent Domain Law). The parties also acknowledge that the
Proposed Project is a public use for which Buyer has the authority to exercise the power
of eminent domain. The parties further acknowledge that the City Council of the City of
Temecula, as the City's governing body, has sole discretion to make the findings required
by Code of Civil Procedure Section 1240.030 for the adoption of a resolution of necessity
pursuant to the Eminent Domain Law. (Code of Civil Procedure Section 1245.220). If
Seller and the City had not reached an agreement for the City's purchase of the Property,
City staff would have recommended to the City Council that it consider the adoption of a
resolution of necessity authorizing the initiation of eminent domain proceedings to
acquire the Property in accordance with the Eminent Domain Law. The City Council,
however has the exclusive and sole discretion to adopt a resolution of necessity. The
adoption of any such resolution of necessity would require the City's compliance with the
Eminent Domain Law and with Chapter 9 of the Caltrans Right of Way Manual.
H. Seller desires to sell, and Buyer desires to buy, the Property on the terms and
conditions set forth herein.
NOW THEREFORE, in consideration of the above Recitals, which are
incorporated herein by this reference, and for other valuable consideration, the receipt of
which is hereby acknowledged, Buyer and Seller agree to the following:
1. Purchase and Sale. On the Close of Escrow (as defined in Section 2
below), Seller agrees to sell the Property to Buyer, and Buyer agrees to buy the Property
from Seller, on the terms and conditions set forth in this Agreement.
2. Opening and Close of Escrow. Within five (5) business days after the
Effective Date of this Agreement, the City will deliver a fully executed copy of this
Agreement to Escrow Holder. For purposes of this Agreement, Opening of Escrow
means the date on which Escrow Holder receives a fully executed copy of this Agreement
from Buyer and Seller. The parties can execute the Agreement in counterparts as set
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forth in paragraph 24.e. below. Close of Escrow means the date on which the Grant Deed
is delivered and recorded in the Official Records of the County of Riverside. The Close
of Escrow will occur after the performance of all duties and obligations under this
Escrow that are required to take place prior to Close of Escrow. The Close of Escrow
will be on the date that is not later than the first business day occurring thirty (30) days
after the Opening of Escrow. Before the Close of Escrow, all risk of loss and damage to
the Property from any source whatsoever will be solely that of Seller.
3. Purchase Price. The total purchase price that Buyer will pay to Seller for
the Property is the sum of $ 2,335,000 (Two Million Three Hundred Thirty -Five
Thousand Dollars) for the fair market value of the land and improvements comprising the
Property (referred to below as the "Purchase Price "). No attempt has been made to assign
value to the lesser interest in the Property, including any leasehold estate. Thus, the
Purchase Price is the total price for the Property without distinction or separation for
various interests that may be held in the Property. Seller will be responsible for any
apportionment or allocation of the Purchase Price if required for any separately held
interests that may exist.
4. Leaseback Agreement and Possession of Propertv By Buver Prior to
Right of Way Certification. Buyer agrees to lease to Seller and Seller agrees to lease
from Buyer the Property after the Close of Escrow subject to the terms of the Lease
attached as Exhibit "C" hereto, which is incorporated herein by this reference. Seller
may continue to occupy the Property pursuant to the Lease until the City issues a 90
(ninety) day Notice to Vacate. Seller agrees to vacate the Property on the 90th day after
the City issues the 90 -day Notice to Vacate or two years from the date of Close of
Escrow, whichever is sooner. The City will not issue a 90 -day Notice to Vacate until the
Property is required for the Proposed Project to be Certified. Seller understands that the
City expects to commence the design of Phase II during 2010. The City anticipates that
the design phase for Phase II of the Proposed Project may take approximately twenty -
four to thirty months. The City agrees to keep Seller informed about the status of Phase I
and Phase II.
Seller understands that Caltrans has to certify that the right of way necessary to
construct the Proposed Project is in the possession of the City and/or the State of
California during the later stages of the design for Phase II of the Proposed Project.
Accordingly, the City has to have possession of the Property at least ninety (90) days
prior to the anticipated date for approval of the design for Phase II of the Proposed
Project to provide Caltrans sufficient time to certify the right of way for the proposed
Project prior to commencement of construction of Phase IL Phase I and Phase II of the
Proposed Project are described in Section D of the Recitals above.
Seller warrants that it will not encumber the property after Close of Escrow and
during the term of the lease.
5. Title and Title Insurance. Upon the Opening of Escrow, Escrow Holder
will obtain and issue a title commitment for the Property. Escrow Holder will also
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request two copies each of all instruments identified as exceptions on said title
commitment. Upon receipt of the foregoing, Escrow Holder will deliver these
instruments and the title commitment to Buyer and Seller. Escrow Holder will insure
Buyer's fee title to the Property, which is described above in Section A and in Exhibits
"A" and `B" to this Agreement, at the Close of Escrow by a CLTA Owner's Standard
Coverage Policy of Title Insurance (or an ALTA Extended Coverage Policy if Buyer
elects such coverage as provided below in Section 5.e.) in the amount of the Purchase
Price (the "Policy "). Buyer will pay for the cost of the Policy.
a. The Policy provided for pursuant to this Section will insure Buyer's
interest in the Property free and clear of all liens, encumbrances, restrictions, and rights -
of -way of record, subject only to the following permitted conditions of title ( "Permitted
Title Exceptions "):
Real property taxes for the current tax fiscal year that are not due
and payable.
ii. The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property; and
iii. Those non - monetary exceptions approved by Buyer within ten (10)
business days after the date Buyer receives the title commitment and legible copies of all
instruments noted as exceptions therein. If Buyer unconditionally disapproves any such
exceptions, Escrow will thereupon terminate, all funds deposited therein will be refunded
to Buyer (less Buyer's share of escrow cancellation charges), and this Agreement will
have no further force or effect. If Buyer conditionally disapproves any such exceptions,
then Seller will use Seller's best efforts to cause such exceptions to be removed by the
Close of Escrow. If such conditionally disapproved non - monetary exceptions are not
removed by the Close of Escrow, Buyer may, at Buyer's option, either accept the
Property subject to such encumbrances, or terminate the Escrow and receive a refund of
all funds deposited into Escrow (less Buyer's share of escrow cancellation charges), if
any, and this Agreement will thereupon be of no further force or effect. At the Close of
Escrow, Buyer's fee interest in the Property will be free and clear of all monetary
encumbrances.
b. The parties recognize that Buyer's approval of the Permitted Title
Exceptions is subject to approval by the Caltrans.
C. Buyer will have the option of obtaining an ALTA Extended Coverage
Form Policy of Title Insurance or a CLTA Standard Coverage Form Owners Policy of
Title Insurance. In such event, Buyer will, at its expense, procure an ALTA survey.
Buyer will pay the cost of any such ALTA Extended Coverage Form Policy of Title
Insurance.
6. Deposit Buyer covenants and agrees to deposit the Purchase Price with
Escrow Holder within 15 business days after the date this Agreement is fully executed by
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the parties
7. Grant Deed. Seller covenants and agrees to deposit with Escrow Holder
within 15 business days after the date this Agreement is fully executed by the parties, the
Grant Deed ( "Grant Deed ") duly executed and acknowledged by Seller, granting and
conveying to Buyer the Property in fee. The form of the Grant Deed is attached as
Exhibit "D" to this Agreement and is incorporated in this Agreement by this reference.
Buyer will accept said executed Grant Deed prior to recording.
8. Processing of Development Applications. The parties acknowledge that
Seller desires to purchase another real property within the City of Temecula on which to
relocate the existing business that Seller operates on the Property. If Seller purchases
another real property within the City of Temecula to relocate its existing business, the
City agrees to assist Seller with processing of development applications, building
permits, occupancy permits and related documents through the City's Community
Development Department by providing the relevant information and helping to schedule
meetings with the relevant staff members to facilitate Seller's relocation of the existing
business. The parties further acknowledge that Seller is solely responsible for all costs
relating to these development - related applications and processing of such applications.
The City will process such applications in accordance with the City's Municipal Code
and applicable law. This Agreement does not divest the City of its discretionary
authority over development applications. The parties agree that the parties will complete
any obligations under this Section 8 outside of Escrow and that the satisfaction of the
obligations set forth in this Section 8 is not a condition precedent to the Close of Escrow.
9. Authorization to Record Documents and Disburse Funds. Escrow
Holder is hereby authorized to record the documents and disburse the funds and
documents called for hereunder upon the Close of Escrow, provided each of the
following conditions has then been fulfilled:
a. Escrow Holder can issue in favor of Buyer the Policy, showing the
Property vested in Buyer subject only to the Permitted Title Exceptions. Escrow Holder
will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary
liens encumbering the Property, so that the Property will be free and clear of monetary
liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final
approval from Seller regarding the disbursement of the proceeds prior to disbursing any
such proceeds to the holder(s) of the monetary liens encumbering the Property.
b. City will have deposited with Escrow Holder the Purchase Price and
Escrow Charges.
C. Escrow Holder will have received Buyer's notice of approval or
satisfaction or waiver of all of the contingencies to Buyer's obligations hereunder, as
provided for below in Section 16; and
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d. Seller will have deposited in Escrow the executed Grant Deed as
required by Section 7 and the estoppel certificate required by Section 16.e.
Unless otherwise instructed in writing, Escrow Holder is authorized to record at
the Close of Escrow any instrument delivered through this Escrow if necessary or proper
for issuance of the Policy, including the Grant Deed.
10. Escrow Charges and Prorations.
a. Buyer will pay for the cost of the CLTA Owner's Standard Coverage
Policy of Title Insurance (or at Buyer's option the ALTA Extended Coverage Policy),
Escrow Costs and Escrow Holder's customary out -of- pocket expenses for messenger
services, long distance telephone, etc. Buyer will pay for recording the Grant Deed and
any documentary or other local transfer taxes, and any other recording fees. If the
Escrow fails to close through no fault of either party, Buyer will pay all Escrow
cancellation charges.
b. Taxes and assessments will be apportioned and prorated for the
Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if Buyer
were vested with fee title to the Property during the entire day upon which Close of
Escrow occurs. If taxes and assessments for the current year have not been paid before
the Close of Escrow, Seller will be charged at the Close of Escrow an amount equal to
that portion of such taxes and assessments that relates to the period before the Close of
Escrow and Buyer will pay the taxes and assessments prior to their becoming delinquent.
Any such apportionment made with respect to a tax year for which the tax rate or
assessed valuation, or both, have not yet been fixed will be based upon the tax rate and /or
assessed valuation last fixed. To the extent that the actual taxes and assessments for the
current year differ from the amount apportioned at the Close of Escrow, the parties will
make all necessary adjustments by appropriate payments between themselves following
the Close of Escrow. Seller will pay all delinquent taxes and assessments (and any
penalties therein) for periods prior to the Close of Escrow, if any, affecting the Property.
C. All prorations will be determined on the basis of a 365 -day year.
11. License to Enter. Seller hereby grants to Buyer and Buyer's
authorized agents, contractors, consultants, assigns, attorneys, accountants and other
representatives an irrevocable license to enter upon the Property for the purpose of
making inspections and other examinations of the Property, including, but not limited to,
the right to perform soil and geological tests of the Property and an environmental site
assessment thereof. Buyer will give Seller 10 (ten) hours written notice before going on
the Property. Buyer does hereby indemnify and forever save Seller, Seller's heirs,
successors and assigns, and the Property, free and harmless from and against any and all
liability, loss, damages, costs, expenses, demands, causes of action, claims or judgments,
whether or not arising from or occurring out of any damage to the Property as a result of
any accident or other occurrence at the Property that is in any way connected with
Buyer's inspections or non - permanent improvements involving entrance onto the
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Property pursuant to this Section. If Buyer fails to acquire the Property due to Buyer's
default, this license will terminate upon the termination of Buyer's right to purchase the
Property. In such event, Buyer will remove or cause to be removed all Buyer's personal
property, facilities, tools and equipment from the Property and restore the Property as
close to possible to its original condition after any soil or geological testing. The
obligation of the City to indemnify for any such damage under this Section 11 relating to
the City's license to enter will survive Close of Escrow or termination of Escrow.
12. Warranties and Representations of Seller. Seller hereby represents and
warrants to Buyer the following, it being expressly understood and agreed that all such
representations and warranties are to be true and correct as of the Close of Escrow and
will survive the Close of Escrow:
a. That to the best of Seller's knowledge (i) on the Close of Escrow the
Property will be free and clear of any and all hazardous or toxic substances, materials,
and waste, including, but not limited to, asbestos; (ii) all businesses on the Property have
disposed of their waste in accordance with all applicable statutes, ordinances, and
regulations; and (iii) Seller has no notice of any pending or threatened action or
proceeding arising out of the condition of the Property or alleged violation of
environmental, health or safety statutes, ordinance or regulations. Seller will indemnify
and hold Buyer harmless for a breach of this warranty and representations provided
Buyer notifies Seller within three years from the Closing Date or two years from the
termination of the Lease referenced in Section 4 above, whichever occurs later.
i. The Purchase Price of the Property reflects the fair market value of
the Property without the presence of contamination. If the Property is found to be
contaminated by the presence of hazardous waste that requires mitigation under federal or
state law within three years from the Closing Date or two years from the termination of
the Lease referenced in Section 4 above, whichever occurs later, the City may elect to
recover its cleanup costs from those who caused or contributed to the contamination.
b. That Seller is the sole owner of the Property free and clear of all liens,
claims, encumbrances, easements, encroachments from adjacent properties,
encroachments by improvements or vegetation on the Property onto adjacent property, or
rights of way of any nature, other than those that may appear on the title commitment.
Seller will not further encumber the Property or allow the Property or to be further
encumbered prior to the Close of Escrow.
C. Neither this Agreement nor anything provided to be done hereunder,
including the transfer of the Property to Buyer, violates or will violate any contract,
agreement or instrument to which Seller is a party, or which affects the Property, and the
sale of the Property herein contemplated does not require the consent of any party not a
signatory hereto.
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d. Except as disclosed in the title commitment referred to in Section 5,
there are no mechanics', materialmen's or similar claims or liens presently claimed or
which will be claimed against the Property for work performed or commenced prior to
the date of this Agreement. Seller agrees to hold Buyer harmless from all costs,
expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating
to any such lien or any similar lien claimed against the Property and arising from work
performed or commenced prior to the Close of Escrow.
e. There are no written or oral leases or contractual right or option to
lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and to
the Property or any part thereof, and no persons have any right of possession to the
Property or any part thereof. Seller agrees to hold Buyer harmless from all costs,
expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating
to any such written or oral leases or contractual rights or options to lease, purchase or
otherwise enjoy possession, rights or interest of any nature in and to the Property, or any
part thereof.
f Except for the proposed Project and the subject acquisition disclosed
in the Recitals, Seller has no knowledge of any pending, threatened or potential litigation,
action or proceeding against Seller or any other Party before any court or administrative
tribunal that involves the Property.
13. Representations and Warranties of Buyer. Buyer hereby represents and
warrants to the Seller the following, it being expressly understood and agreed that all
such representations and warranties are to be true and correct as of the Close of Escrow
and shall survive the Close of Escrow:
a. Buyer has taken all required action to permit it to execute, deliver, and
perform its obligations under this Agreement.
b. Buyer has the power and authority to execute and deliver this
Agreement and carry out its obligations hereunder and consummate the transaction
contemplated herein.
C. Buyer acknowledges and agrees that it is experienced in acquiring and
owning properties similar to the Property, and that Buyer will, during the Escrow Period,
thoroughly inspect, test, study, review, and investigate all aspects of the Property to its
full satisfaction, and that the Buyer acknowledges and agrees, subject solely to the
representations contained in Section 12 hereof, that Buyer is relying solely on its own
investigation in making its decision to acquire the Property. Buyer further acknowledges
and agrees that except as otherwise specifically agreed in this Agreement, Seller is not
making and hereby specifically disclaims making any warranty, guarantee, or
representation of any kind or character, whether express, implied, statutory, or arising by
operation of law, oral or written, past, present or future, of, as to, or concerning the
Property, including without limitation the physical and environmental nature and
condition of the Property. Further, Buyer hereby expressly acknowledges and agrees that
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except as set forth in Section 12 of this Agreement, Buyer shall assume such risk that
adverse matters, including without limitation adverse physical conditions, may exist with
respect to the Property.
14. City's Full Payment of Purchase Price.
a. It is understood and agreed between Seller and Buyer that, except as
set forth in Section 15 below, the City's payment to Seller of the Purchase Price set forth
in this Agreement plus the Leaseback Agreement described above in Section 4, is the full
and complete consideration and payment of just compensation for the City's acquisition
of all real property interests pertaining to the Property, and specifically includes, but is
not limited to, just compensation for the land comprising the Property and all
improvements on the Property, claims arising in connection with or out of the Buyer's
acquisition of the Property or the Project for which the Buyer is acquiring the Property,
claims for severance and other damages, inverse condemnation, or any other damages of
every kind and nature suffered by the Seller by reason of the City's acquisition of the
Property or the Project for which the City is acquiring the Property, and all costs and
expenses whatever in connection therewith.
b. This Agreement is a voluntary agreement and Seller on the Close of
Escrow, on behalf of Seller, Seller's successors and assigns, fully releases Buyer, its
officials, counsel, employees, and agents, from all claims and causes of action by reason
of any damage that has been sustained, or may be sustained, as a result of Buyer's efforts
to acquire the Property or any preliminary steps thereto. Seller further releases and
agrees to hold Buyer harmless from any and all claims and causes of action by reason of
any leasehold interest in the Property.
C. Seller acknowledges that it may have sustained damage, loss, costs or
expenses which are presently unknown and unsuspected, and such damage, loss, costs or
expense which may have been sustained, may give rise to additional damages, loss, costs
or expenses in the future. Nevertheless, Seller hereby acknowledges that this Agreement
has been negotiated and agreed upon in light of that situation, and hereby expressly
waives any and all rights that Seller may have under California Civil Code Section 1542,
or under any statute or common law or equitable principle of similar effect. California
Civil Code Section 1542 provides as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if known
by him or her must have materially affected his or her settlement with the debtor."
Seller's Initials: Buyer's Initials:
d. This Section will survive the Close of Escrow.
15. Relocation Assistance and Benefits, Fixtures and Equipment and Loss
of Goodwill.
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a. Information Regarding Relocation Assistance and Benefits. The
parties acknowledge that Buyer has provided to Seller information regarding Buyer's
rights to relocation assistance and benefits under the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.) ( "Uniform Act "),
if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code of the State
of California (Section 7260 et seq.) ( "California Relocation Law "). The parties further
acknowledge that Seller is a displaced person under the Uniform Act and California
Relocation Law because Seller will have to move from the Property as direct result of the
City's acquisition of the Property for the proposed Project, which is a public use. Buyer
has retained a relocation consultant, Bob Shober of Shober Consulting Inc., to provide
Seller with the applicable relocation assistance advisory services and information
regarding relocation benefits available to Seller as a displaced business. Seller
acknowledges it may be eligible for relocation payments under the applicable relocation
laws discussed above, including, but not limited to, moving and related expenses,
business reestablishment expenses, and reasonable expenses in searching for a
replacement business. Payments for relocation assistance are not included in the
Purchase Price. The City will pay any relocation assistance obligations to Seller outside
of this Escrow.
b. Improvements Pertaining to the Realty. The parties acknowledge that
Buyer has provided to Seller a copy of the appraisal titled Valuation of the Selected
Assets ofBasics Etc. as ofAugust 14, 2008 prepared by bTi appraisal ( "bTi Me
appraisal "), which is incorporated herein by this reference. The parties also acknowledge
that the payment by the City to Seller of the Purchase Price does not include
compensation for the items set forth in the bTi Me appraisal. The parties also
acknowledge that the City's payments to Seller for the improvements pertaining to the
realty will be made to Seller outside of this Escrow and in compliance with Article 3 of
the Eminent Domain Law (Compensation for Improvements), commencing at Code of
Civil Procedure Section 1263.025 et seq.
C. Loss ofBusiness Goodwill. The parties acknowledge that Buyer has
provided to Seller a Goodwill Information Sheet (Exhibit "D" to City's offer to Seller)
and a copy of Code of Civil Procedure Section 1263.510. The parties also acknowledge
that the payment by the City to Seller of the Purchase Price does not include
compensation for loss of goodwill, if any, under Code of Civil Procedure Section
1263.510. This Agreement will not be construed and is not meant as an agreement that
there is any entitlement to loss of business goodwill as a result of the City's acquisition of
the Property. The parties acknowledge that in order to obtain compensation for loss of
goodwill under Code of Civil Procedure Section 1263.510, the Seller, as the owner of the
existing business operating on the Property, has to prove the elements set forth in that
Section. Code of Civil Procedure Section 1263.510 provides as follows:
"(a) The owner of a business conducted on the property taken,
or on the reminder if such property is part of a larger parcel, shall be
compensated for loss of goodwill if the owner proves all of the following:
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(1) The loss is caused by the taking of the property or
the injury to the remainder.
(2) The loss cannot be prevented by a relocation of the
business or by taking steps and adopting procedures that a reasonably
prudent person would take and ado [pt in preserving goodwill.
(3) Compensation for the loss will not be included in
payments under Section 7262 of the Government Code.
(4) Compensation for the loss will not be duplicated in
the compensation otherwise awarded to the owner.
(b) Within the meaning of this article, `goodwill' consists of
the benefits that accrue to a business as a result of its location, reputation
for dependability, skill or quality, and any other circumstances resulting in
probable retention of old or acquisition of new patronage."
16. Buver's Contingencies. For the benefit of Buyer, the Closing of Escrow
and the Buyer's obligation to consummate the purchase of the Property will be contingent
upon and subject to the occurrence of all of the following (or Buyer's written waiver
thereof, it being agreed that Buyer can waive any or all such contingencies) on or before
the Close of Escrow:
a. That as of the Close of Escrow the representations and warranties of
Seller contained in this Agreement are all true and correct.
b. The delivery to Escrow Holder of all documents pursuant to Sections 7
and 16.e. of this Agreement.
C. Title Company's commitment to issue in favor of Buyer CLTA
Standard Coverage Owner's Policy of Title Insurance with liability equal to the Purchase
Price showing Buyer's fee interest in the Property subject only to the Permitted Title
Exceptions.
d. Buyer's approval prior to the Close of Escrow of any environmental
site assessment, soils or geological reports, or other physical inspections of the Property
that Buyer might perform prior to the Close of Escrow.
e. Seller's obtaining and delivering to Escrow an estoppel certificate
from the Association for the North Jefferson Business Park— Freeway certifying that the
Property and Seller are not in default under any obligations under any conditions,
covenants or restrictions encumbering the Property pursuant to the Declaration of
Protective Covenants for the North Jefferson Business Park — Freeway An
Industrial/Commercial Business Park recorded on June 21, 1989 as Instrument Number
205472 of Official Records of the County of Riverside, and any and all amendments to
said Declaration of Protective Covenants.
17. Certain Definitions.
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a. The term "Hazardous Materials" shall mean and include the following,
including mixtures thereof. any hazardous substance, pollutant, contaminant, waste, by-
product or constituent regulated under the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum
products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas
usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. Section 136 et seq.; asbestos and asbestos - containing
materials, PCBs and other substances regulated under the Toxic Substances Control Act,
15 U.S.C. Section 2601 et seq.; source material, special nuclear material, by- product
material and any other radioactive materials or radioactive wastes, however produced,
regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982;
chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section
1910.1200 et seq.; industrial process and pollution control wastes, whether or not
hazardous within the meaning of the Resource Conservation and Recovery Act, 42
U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in
California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section
736(f)(3); and any other substance or material regulated by any Environmental Laws.
b. The term "Environmental Laws" shall mean and include all federal,
state and local statutes, ordinances, regulations and rules in effect on or prior to the date
hereof relating to environmental quality, health, safety, contamination and clean-up,
including, without limitation, the Clean Air Act, 42 U. S. C. Section 7401 et seq.; the
Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the
Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the
Marine Protection, Research, and Sanctuaries Act, 33 U.S.C. Section 1401 et seq.; the
National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control
Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C.
Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section
6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the
Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive
Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq.
as amended by the Superfund Amendments and Reauthorization Act, the Emergency
Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality
Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the
Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of
1982, 42 U.S.C. Section 10101 et seq.; and state and local environmental statutes and
ordinances, with implementing regulations and rules in effect on or prior to the date
hereof.
18. Evidence in Court Proceeding. The parties agree that the total Purchase
Price of $2,335,000.00 (Two Million Three Hundred Thirty -Five Thousand Dollars) or
any inference of per square foot value of the Property based on said Purchase Price will
not be admissible as evidence of the fair market value of the Property in any eminent
domain or other proceeding or litigation concerning the Property.
19. Certification of Non - Foreign Status. Seller agrees to deliver to Escrow
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a certification of Non - Foreign Status in accordance with I.R.C. Section 1445, and a
similar notice pursuant to California Revenue and Taxation Code Sections 18805 and
26131, prior to the Close of Escrow.
20. Default. In the event of a breach or default under this Agreement by
either Buyer or Seller, the non - defaulting party will have, in addition to all rights
available at law or equity, the right to terminate this Agreement and the Escrow for the
purchase and sale of the Property, by delivering written notice thereof to the defaulting
party and to Escrow Holder, and if Buyer is the non - defaulting party, Buyer will
thereupon promptly receive a refund of all prior deposits, if any. Such termination of the
Escrow by a non - defaulting party will be without prejudice to the non - defaulting party's
rights and remedies at law or equity.
21. Notices. All notices and demands will be given in writing by certified
mail, postage prepaid, and return receipt requested, or by personal delivery. Notices will
be considered given upon the earlier of (a) personal delivery, (b) two (2) business days
following deposit in the United States mail, postage prepaid, certified or registered, return
receipt requested, or (c) one (1) business day following deposit with an overnight carrier
service. A copy of all notices will be sent to Escrow Holder. The parties will address
such notices as provided below for the respective party; provided that if any party gives
notice in writing of a change of name or address, notices to such party will thereafter be
given as demanded in that notice:
BUYER: City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589 -9033
Attention: Shawn Nelson, City Manager
COPY TO: Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
355 South Grand Avenue
40th Floor
Los Angeles, California 90071 -3101
SELLER: Basics Etc. Corporation
41375 McCabe Court
Temecula, California 92 590 -5 63 1
Attention: Mike Kupka
COPY TO: Jon H. Lieberg, Esq.
Jon H. Lieberg A Professional Law
Corporation
41911 Fifth Street, Suite 300
Temecula, California 92590
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11086- 0103/1168964v5doc
ESCROW First American Title Insurance
HOLDER: 3400 Central Avenue, Suite 100
Riverside, California 92506
Telephone No. (951) 787 -1757
Fax No. (866) 558 -2890
22. Further Documents. Each party will, wherever and as often as it shall be
requested by the other party, execute, acknowledge, and deliver, or cause to be executed,
acknowledged, and delivered, such further instruments and documents, including further
escrow instructions, as may reasonably be necessary in order to complete the sale,
conveyance, and transfer herein provided and to do any and all other acts and to execute,
acknowledge, and deliver any and all documents as may be requested in order to carry
out the intent and purpose of this Agreement.
23. Amendments. Any amendments to this Agreement will be effective only
when duly executed by both Buyer and Seller and deposited with Escrow Holder.
24. Miscellaneous.
a. Applicable Law. This Agreement will be construed and interpreted
under, and governed and enforced according to the laws of the State of California.
b. Entire Agreement. This Agreement supersedes any prior agreement,
oral or written, and together with the Exhibits hereto and any agreements delivered
pursuant hereto, contains the entire agreement between Buyer and Seller on the subject
matter of this Agreement. No subsequent agreement, representation or promise made by
either party hereto, or by or to any employee, officer, agent or representative of either
party, will be of any effect unless it is in writing and executed by the party to be bound
thereby. No person is authorized to make, and by execution hereof Seller and Buyer
acknowledge that no person has made, any representation, warranty, guaranty or promise
except as set forth herein; and no agreement, statement, representation or promise made
by any such person which is not contained herein will be valid or binding on Seller or
Buyer.
C. Successors and Assigns. This Agreement will be binding upon and
inure to the benefit of the heirs, executors, administrators, successors and assigns of the
parties hereto.
d. Time ofEssence. The parties acknowledge that time is of the essence
in this Agreement, notwithstanding anything to the contrary in the Escrow company's
general Escrow instructions.
e. Counterparts. This Agreement may be executed simultaneously in
one or more counterparts, each of which will be deemed an original, but all of which
together will constitute one and the same instrument. For purposes of this Agreement,
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Basics Etc. - PURCHASE AND SALE AGREEMENT
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facsimile signatures will be deemed to be original signatures, and will be followed by the
delivery of the original signature pages by U.S. Mail.
f Remedies Not Exclusive and Waivers. No remedy conferred by any of
the specific provisions of this Agreement is intended to be exclusive of any other remedy
and each and every remedy will be cumulative and will be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or
otherwise. The election of any one or more remedies will not constitute a waiver of the
right to pursue other available remedies.
g. Interpretation and Construction. The parties agree that each party has
reviewed this Agreement and that each have had the opportunity to have their counsel
and real estate advisors review and revise this agreement and that any rule of construction
to the effect that ambiguities are to be resolved against the drafting party will not apply in
the interpretation of this Agreement or any amendments or exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership,
firm, trust, or association wherever the context so requires. The recitals and captions of
the Sections and Subsections of this Agreement are for convenience and reference only,
and the words contained therein will in no way be held to explain, modify, amplify or aid
in the interpretation, construction or meaning of the provisions of this Agreement.
h. Destruction of Property Prior to Close of Escrow. If the Property is
materially destroyed by fire, earthquake or other calamity without the fault of either party
before the Close of Escrow, the City, in its sole discretion, may rescind this Agreement.
In any such event, the City may reappraise the Property and make an offer based on any
such appraisal.
25. Attorneys' Fees. If either party hereto incurs attorneys' fees in order to
enforce, defend or interpret any of the terms, provisions or conditions of this Agreement
or because of a breach of this Agreement by the other party, the prevailing party, whether
by suit, negotiation, arbitration or settlement will be entitled to recover reasonable
attorneys' fees from the other party.
26. Severability. If any part, term or provision of this Agreement is held by a
court of competent jurisdiction to be illegal or in conflict with any law, the validity of the
remaining provisions will not be affected, and the rights and obligations of the parties
will be construed and enforced as if this Agreement did not contain the particular part,
term or provision held to be invalid.
27. Assignment. Buyer may assign its rights under this Agreement or may
designate a nominee to acquire title to the Property, provided, however, that any such
assignment or designation will not relieve Buyer of any of its obligations under this
Agreement.
28. Escrow Holder Need Not Be Concerned. Escrow Holder is not to be
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Basics Etc. — PURCHASE AND SALE AGREEMENT
11086- 0103/1168964v5doc
concerned with Sections 8, 11, 12, 13, 14, and 15 above, and the City and Seller release
Escrow Holder from liability or obligation as to these Sections.
IN WITNESS WHEREOF, this Agreement is effective as of the day and year first
written above.
SELLER
BASICS, ETC. CORPORATION
Dated:
Approved as to form:
JON H. LIEHERG
A Professional Law Corporation
Jon H. Lieberg
Attorney for Seller
C
Title:
Title:
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11086- 0103/1168964v5doc
BUYER
CITY OF Temecula, a Municipal
Corporation
Dated:
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved as to form:
RICHARDS, WATSON & GERSHON
Peter M. Thorson, City Attorney
Page 18
Basics Etc. — PURCHASE AND SALE AGREEMENT
11086- 0103/1168964v5doc
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Parcel 16, as shown by Parcel Map 23561 -2, on file in Book 168, Pages 71 through 72, of
Parcel Maps, records of Riverside County, California,
Excepting therefrom all mineral, oil and gas rights below the depth of 500 feet below the
surface of said land without the right of surface entry, as reserved in Grant Deed recorded
December 27, 1991 as Instrument No. 447369 of Official Records of Riverside County,
California.
Page 19
Basics Etc. — PURCHASE AND SALE AGREEMENT
11086- 0103/1168964v5doc
EXHIBIT `B"
[Insert Map Depicting Property]
Page 20
Basics Etc. — PURCHASE AND SALE AGREEMENT
11086- 0103/1168964v5doc
EXHIBIT "C"
FORM OF LEASE
Page 21
Basics Etc. — PURCHASE AND SALE AGREEMENT
11086- 0103/1168964v5doc
EXHIBIT "D"
FORM OF GRANT DEED
Page 22
Basics Etc. — PURCHASE AND SALE AGREEMENT
11086- 0103/1168964v5doc
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EXHIBIT "C" - FORM OF LEASE
LEASE BETWEEN THE CITY OF TEMECULA AND
BASICS ETC. CORPORATION IN CONNECTION WITH
THE FRENCH VALLEY PARKWAY/ INTERSTATE -15
OVER - CROSSING AND INTERCHANGE
IMPROVEMENTS PROJECT — PROJECT NUMBERS
PW02 -11 AND PW07 -04
This Lease Between the City of Temecula and Basics Etc. Corporation in connection with
the French Valley Parkway /Interstate -15 Over - Crossing and Interchange Improvements Project
— Project Numbers PW02 -11 and PW07 -04 ( "Lease ") is dated and entered into as of
, 2010 ( "effective date ") by and between the CITY OF TEMECULA, a municipal
corporation ( "Landlord" or "City") and BASICS ETC. CORPORATION ( "Tenant').
Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the
Premises described below, subject to and in accordance with the terms and conditions set forth
below.
A. Basic Lease Information. The Basic Lease Information, which is attached to this
Lease as Exhibit "I" is incorporated into this Lease by this reference.
B. Premises. Landlord leases to Tenant and Tenant leases from Landlord on the
terms and conditions contained in this Lease the Premises, which is the real property commonly
known as 41375 McCabe Court, Temecula, and identified as Riverside County Assessor's Parcel
Numbers 910 - 262 -008. The Premises are described in the Basic Lease Information, a copy of
which is attached as Exhibit "I" to this Lease and incorporated herein by this reference. The
Premises include the Building described in the Basic Lease Information, the real property upon
which the Building stands, common areas, driveways, walkways and other amenities appurtenant
to or servicing the Building.
1. Demise. Landlord hereby leases the Premises to Tenant and Tenant hereby
leases the Premises from Landlord, subject in each case to: (a) all covenants, conditions,
restrictions, easements and other matters of record and any other matters affecting title thereto
(including matters visible upon inspection or that would be revealed by an ALTA survey), and
(b) the terms and conditions hereinafter set forth.
2. Condition of Premises. Tenant acknowledges that it has had full opportunity to
investigate the Premises and has full knowledge of the condition of the Premises. Tenant accepts
the Premises in its current "AS -IS" condition, with all faults, as of the execution of this Lease.
Except as expressly provided herein, Tenant acknowledges that neither Landlord nor any agent
or employee of Landlord has made any representation, express or implied, as to the condition of
the Premises or the suitability of the same for Tenant's intended use. Tenant represents and
warrants that Tenant has made its own inspection of and inquiry regarding the condition of the
Premises and is not relying on any express or implied representations of Landlord, any agent or
11086- 0103/1223058r2.doe
Exhibit "C " -1
employee of Landlord, or any broker with respect thereto.
C. Term, Holdover, and Surrender.
1. Term. Landlord will lease to Tenant the Premises on a month -to -month basis
commencing on the date of the Close of Escrow ( "Commencement Date ") as defined in the
Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula and
Basics Etc. Corporation ( "Purchase and Sale Agreement "), which is incorporated herein by this
reference. Pursuant to Section 4 of said Purchase and Sale Agreement, Tenant may continue to
occupy the Premises from the date of the Close of Escrow until the City issues a 90 (ninety) day
Notice to Vacate or two years from the date of Close of Escrow, whichever occurs earlier. The
City will not issue a 90 -day Notice to Vacate until the City requires the Premises for the
certification of the proposed French Valley Parkway /Interstate -15 Over - Crossing and
Interchange Improvements Project— Project Numbers PW02 -11 and PW07 -04 ( "Proposed
Project'). The Termination Date is the 90th day after the City's issuance of the 90 (ninety) day
Notice to Vacate or two years from the date of Close of Escrow, whichever occurs earlier.
a. The Premises will be deemed tendered to Tenant and acceptable for
occupancy in the condition in which they exist as of the Commencement Date, and, except as
otherwise expressly provided herein, the Landlord will have no obligation to undertake or
complete any repair or construction of or modification thereto during the Term. Within ten (10)
days after written request from Landlord, Tenant will execute and return to Landlord an
acknowledgement of the Commencement Date of the term of this Lease.
b. Tenant may terminate this Lease at its option upon thirty (30) days prior
written notice to Landlord.
C. Landlord may terminate this Lease upon the issuance of a 90 (ninety) day
Notice to Vacate pursuant to the terms of the Purchase and Sale Agreement.
2. Holdover. If Tenant holds over, after the expiration or earlier termination of
the Lease Term, or otherwise fails to comply with Section C.I. above or Section J. below,
without the express written consent of Landlord, Tenant shall become a tenant at sufferance only,
and the Base Rent for such holdover period shall be increased to the fair market rental rate set
forth below in Section D.3. Acceptance by Landlord of rent or any other payment after such
expiration or earlier termination of this Lease shall not constitute Landlord's consent to a
holdover hereunder or result in a renewal. The above provisions of this Section C.2. are in
addition to and shall not be deemed to limit or constitute a waiver of Landlord's right of re -entry
or any rights of Landlord or Tenant under this Lease or otherwise provided by law or equity.
3. Surrender. At the expiration of the Term as discussed above in Section C.I.
or earlier termination of this Lease, Tenant shall, at its sole cost and expense, deliver the
Premises to Landlord in similar or better condition and repair as Tenant received the Premises,
ordinary wear and tear excepted. Tenant shall deliver the Premises broom clean with all of
11086- 0103/1223058r2.doe
Exhibit "U-2
Tenant's personal property removed. Accordingly, Tenant agrees to vacate the Premises on the
90th day after the City's issuance of the 90 -day Notice to Vacate or two years from the date of
the Close of Escrow without further notice from Landlord, unless Tenant terminates the Lease
earlier as provided above. Tenant will vacate and deliver the Premises to the City in good order
and condition immediately on the Termination Date and deliver the keys to the City of
Temecula. Tenant will pay all closing utility bills up to, and including, the Termination Date. If
Tenant fails to surrender the Premises or to otherwise comply with Section J. hereof upon the
expiration or earlier termination of this Lease without Landlord's express written consent,
Tenant shall indemnify and hold Landlord harmless from all loss, liability, cost, damage and
expense, including without limitation, attorneys' fees and costs, arising from or relating to
Tenant's failure to surrender or to otherwise comply with Section J. hereof, including, without
limitation, any and all costs relating to eviction proceedings, any claim made by any succeeding
tenant, founded on or resulting from such failure to surrender.
D. Rent.
1. Definition of Rent. Rent includes all monetary obligations of Tenant to
Landlord under the terms of this Lease, including but not limited to Base Rent as defined below,
late charges, interest, insurance premiums, and real estate taxes (collectively "Rent').
2. Base Rent Terms for Nine -month Term Commencing on Close of Escrow.
Tenant's Base Rent for a term of nine months commencing on the Close of Escrow, as defined in
the Purchase and Sale Agreement, will be zero ($0.00) per month. During this nine (9) month
period, Tenant is responsible for paying for all other items included in the definition of Rent in
Section D.1. above and complying with all of Tenant's other obligations under this Lease,
including but not limited to maintenance, repair, utility and operation costs.
3. Base Rent Commencing at End of Nine -Month Term from Close of Escrow.
Tenant's Base Rent commencing at the beginning of the tenth month after Close of Escrow is
$8,656.00 (Eight Thousand Six Hundred Fifty -six Dollars) per month, without deduction, offset
or abatement on the first business day of each calendar month during the term of this Lease,
prorated for any partial calendar month at the beginning or end of the Lease Term.
a. This monthly rent of $8,656.00 is based on the fair market rent of $0.50
per square foot of improved space. The market data as of May 2010 showed that the asking rent
for light industrial buildings in the Temecula and Murrieta areas ranges from $0.35 to $0.68 per
square foot per month, with the majority clustered around $0.49 and $0.50 per square foot per
month. Accordingly, Tenant and Landlord agree that $0.50 per square foot will be used as the
fair market rent for the Premises commencing at the end of the above nine -month term.
b. If Tenant, at the time of commencement of its obligation to pay the Base
Rent under this Section D.3., determines that the market rent for light industrial buildings in the
Temecula and Murrieta areas has decreased by more than ten percent (10 %) of the $8,656.00
agreed to by the parties in this Section D.3., Tenant has the right to submit to Landlord market
data to show the decline in the fair market rent. If Tenant decides to exercise this right, Tenant is
required to submit to Landlord any such data within two weeks after the expiration of the Nine-
11086- 0103/1223058r2.doe
Exhibit "U-3
month term discussed above in Section D.2. Tenant waives the right to amend the market rent if
it does not submit the market data within such two -week period. The parties agree that Landlord
is not obligated to conduct any market rent studies under this Section, but that the Landlord does
have the right to also conduct such market rent study. Landlord and Tenant agree that they will
negotiate in good faith to determine a new fair market rent at that time and will amend the
monthly rent if both parties agree on the evidence of market data. The parties agree that they
would use similar methodology as that used by the parties to determine the $8,656.00 monthly
rent discussed in Section D.3.a. above to analyze any new market rent.
E. Triple Net Lease. It is the purpose and intent of Landlord and Tenant that all
Rent payable to Landlord under this Lease will be absolutely net of all costs and expenses to
Landlord that relate in any way to the Premises, including, without limitation, any and all
maintenance, repair, utility and operation costs and that Tenant will be solely responsible for
such costs and expenses unless otherwise expressly provided in this Lease. Tenant will be solely
responsible for arranging for the delivery and payment of all water, gas, heat, light, power,
telephone, trash disposal and other utilities and services supplied to the Premises. Landlord,
however, is responsible for the fees and/or assessments levied on property owners by the Rancho
Silverado Business Park Association pursuant to the Declaration of Protective Covenants,
Conditions and Restrictions for Rancho Silverado Business Park recorded on March 12, 1986 as
Instrument Number 57354 of Official Records of the County of Riverside ( "Business
Association Dues ").
F. Use. Tenant will use the Premises only for those purposes for which Tenant used
the Premises on the Commencement Date.
G. Taxes and Impositions. Tenant will pay and discharge before the day when the
same become delinquent, any and all taxes, assessments, rates, charges, license fees, municipal
liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of
every name, nature and kind whatsoever, including all governmental charges of whatsoever
name, nature or kind which may now or hereafter be levied, assessed, charged or imposed
against or which may become a lien or charge upon the Premises or any part thereof, or upon
Tenant's estate hereby created or upon Landlord by reason of its ownership of the fee underlying
this Lease (collectively, "Impositions "). Landlord will have no obligation to pay or discharge
any Imposition or any penalties or interest resulting from late payment, except to the extent that
Landlord did not provide Tenant sufficient information for the timely payment of any
Imposition, penalty or interest not less than thirty (30) days prior to the date that such payment
would become delinquent.
1. Proration of Tees. All of the taxes, assessments, charges, imposts and levies
of any nature whatsoever that will relate to a fiscal year during which the Lease Term (and
Extension term, if applicable) will commence or terminate, will be prorated between Landlord
and Tenant as of the commencement or termination date, as applicable.
2. Evidence of Payment. Within fifteen (15) days after written request of
Landlord, Tenant will obtain and deliver to Landlord evidence of payment of all Impositions,
including, without limitation, receipts or duplicate receipts.
11086- 0103/1223058r2.doe
Exhibit "U-4
3. Duty to File Declarations. Tenant alone will make or file any declaration,
statement or report which may be provided or required by law as the basis of or in connection
with the determination, equalization, reduction or payment of any and every Imposition which is
to be borne or paid or which may become payable by Tenant under the provisions of this Section
G, and Tenant will promptly give Landlord copies thereof. Landlord will not be or become
responsible to Tenant therefor, nor for the contents of any such declaration, statement or report.
4. Payment Through Landlord. In case any person or entity to whom any sum is
directly payable by Tenant under this Section G will refuse to accept payment of such sum from
Tenant, and Tenant knows or has reason to believe that its payment will be refused, Tenant will
pay such sum directly to Landlord not less than fifteen (15) days prior to its being due, and
Landlord will thereupon pay such sum to such person or entity. Landlord will not be responsible
for any late charge or penalty that may be assessed in connection therewith.
5. Personal Property. Throughout the Lease Term, Tenant will pay and
discharge, when and as the same become due, directly to the taxing authority, all taxes,
assessments and other charges imposed or levied upon any personal property situated in, on or
about the Premises. Tenant will use commercially reasonable efforts to cause such personal
property taxes to be levied or assessed separately from the Premises.
H. No Nuisance. Tenant will not allow, suffer or permit the Premises or any use
thereof to constitute a nuisance.
L Compliance with Laws. During the term of this Lease, Tenant, at Tenant's sole
expense, will comply with and cause all of Tenant's agents to comply with all applicable laws,
ordinances, rules and regulations of governmental authorities applicable to the Premises and the
Tenant's use or occupancy thereof, including, without limitation, all laws pertaining to
employees of the Tenant and the law commonly known as the Americans With Disabilities Act.
J. Hazardous Materials. During the term, Tenant will not cause or suffer or permit
any Hazardous Materials, as defined below, to be brought upon, kept, used, discharged,
deposited or leaked in or about the Premises by Tenant or any of Tenant's agents. If Tenant
breaches the obligations stated in this Section J., or if the presence of any Hazardous Material on
the Premises caused or suffered or permitted by Tenant or any of Tenant's agents results in
contamination of the Premises during the Term, or if contamination of the Premises by any
Hazardous Material otherwise occurs during the Term, then Tenant will indemnify, defend and
hold Landlord harmless from any and all claims, damages, costs, liabilities and expenses
(including, without limitation, diminution in value or use of the Premises, reasonable attorneys'
fees, consultant fees and expert fees) which arise during or after the Term as a result of such
contamination. This indemnification will include, without limitation, costs incurred in
connection with any investigation of site conditions or any clean -up, remedial, removal or
restoration work on or under the Premises required by governmental authorities having
jurisdiction with respect to such contamination. "Hazardous Material" means any hazardous or
toxic substance, material or waste which is or becomes regulated by any local, state or federal
governmental authority or by common law decisions, including without limitation (i) all
chlorinated solvents, (ii) petroleum products or by- products, (iii) asbestos and (iv)
11086- 0103/1223058r2.doe
Exhibit "U-5
polychlorinated biphenyls.
K. Alterations and Tenant Owned Property.
1. Alterations. Tenant will not during the Term make or suffer to be made any
material alterations, additions or improvements in or to the Premises (herein collectively called
"Alterations ") without first obtaining Landlord's written consent thereto. Landlord's consent
may be withheld in Landlord's sole discretion if Alterations will affect the structure of the
Building or its electrical, mechanical, heating, ventilating, air conditioning, life safety or
plumbing systems (the "Building Systems "); otherwise Landlord's consent will not be
unreasonably withheld. Notwithstanding the foregoing, the Landlord's consent to Alterations of
the Building Systems will not be unreasonably withheld if such Alterations are for the purpose of
maintaining or reasonably increasing Tenant's existing business capabilities.
2. Removal of Property. All Alterations to the Premises will become the
property of Landlord, and will be surrendered to Landlord, upon the expiration or earlier
termination of this Lease; provided, however, that this provision will not apply to movable
equipment, trade fixtures, personal property or furniture which are owned by Tenant ( "Tenant
Owned Property"). Tenant will remove all Tenant Owned Property that is not considered
Improvements Pertaining to the Realty pursuant to Code of Civil Procedure Section 1263.205 et
seq. at the expiration or sooner termination of this Lease. This Lease does not impact in any way
any relocation assistance benefits to which Tenant may be entitled under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1070 (42 U.S.C. 4601 et seq.)
( "Uniform Act'), if applicable, or under Title 1, Division 7, Chapter 1 of the Government Code
of the State of California (Section 7260 et seq.) ( "California Relocation Law ") as discussed in
Section 15.a. of the Purchase and Sale Agreement. Tenant waives and releases its rights under
Section 1019 of the California Civil Code, or any similar law, statute or ordinance now or
hereafter in effect, to the extent inconsistent with the provisions of this Lease. Tenant's
obligations under this Section will survive any termination of this Lease.
L. Repairs and Other Work.
1. Tenant's Obligations. Tenant will at all times during the Term of this Lease
maintain the Premises in the same condition in which they exist as of the Commencement Date,
ordinary wear and tear and casualty excepted. Except as otherwise specifically set forth herein,
Landlord will not be liable for, and there will be no abatement of rent, with respect to, any injury
to or interference with Tenant's business arising from any repairs, maintenance, alteration or
improvement in or to any portion of the Premises, or in or to the fixtures, appurtenances and
equipment therein.
2. Conditions Applicable to Repairs and Other Work. All repairs, replacements,
and reconstruction (including, without limitation, all Alterations) made by or on behalf of Tenant
or any of Tenant's agents during the Term will be made and performed (a) at Tenant's cost and
expense, (b) by reputable contractors or mechanics reasonably approved by Landlord, (c) in such
manner as to be at least equal in quality of materials and workmanship to the original work or
11086- 0103/1223058r2.doe
Exhibit "C " -6
installation, (d) in accordance with such reasonable requirements as Landlord may impose with
respect to insurance and bonds to be obtained by Tenant in connection with the proposed work,
and (e) in compliance with such other requirements as Landlord may reasonably impose
(including without limitation a requirement that Tenant furnish Landlord with as -built drawings
upon completion of the work).
M. Liens. Tenant will keep the Premises free from any liens during the term of the
Lease, except to the extent caused by Landlord. In the event that Tenant will not, within fifteen
(15) days following notice of the imposition of any such lien, cause same to be released of record
by payment or posting of a bond fully satisfactory to Landlord in form and substance, Landlord
will have, in addition to all other remedies provided herein and by law, the right (but not the
obligation) to cause the lien to be released by such means as Landlord will deem proper,
including, without limitation, payment of the claim giving rise to such lien. All such sums paid
by Landlord and all expenses incurred by it in connection therewith will be considered rent and
will be payable by Tenant within thirty (30) days after demand. Landlord will have the right at
all times to post and keep posted on the Premises any notices permitted or required by law, or
that Landlord will deem proper for the protection of Landlord, the Premises and any other parry
having an interest therein, from mechanics', materialmen's and other liens. In addition to all
other requirements contained in this Lease, Tenant will give to Landlord at least five (5) business
days' prior written notice of commencement of any construction on the Premises.
N. Inability to Perform. Except to the extent expressly provided herein, if, by
reason of acts of God, governmental restrictions, strikes, labor disturbances, shortages of
materials or supplies or any other cause or event beyond Landlord's reasonable control, Landlord
is unable to fulfill or is delayed in fulfilling any of Landlord's obligations under this Lease or
any collateral instrument, no such inability or delay will (1) constitute an actual or constructive
eviction, in whole or in part, (2) entitle Tenant to any abatement or diminution of rent, (3) relieve
Tenant from any of its obligations under this Lease, or (4) impose any liability upon Landlord or
its agents by reason of inconvenience or annoyance to Tenant or by reason of injury to or
interruption of Tenant's business, or otherwise.
O. Damage and Destruction.
1. Rights and Obligations. If the improvements now located on the Premises or
any part of the Premises are damaged by fire or other casualty, Tenant will diligently restore said
improvements to their condition prior to the damage, at Tenant's sole cost and expense.
2. Non - Application of Certain Statutes. The provisions of this Lease constitute
an express agreement between Landlord and Tenant with respect to any and all damage to, or
destruction of, all or any part of the Premises, or any other portion of the Premises. Any statute
or regulation of the State of California or any other governmental authority or body, including,
without limitation, Sections 1932(2), 1933(4), 1941 and 1942 of the California Civil Code, with
respect to any rights or obligations concerning any such damage or destruction, will have no
application to this Lease or any damage or destruction to all or any part of the Premises or any
other portion of the Building.
11086- 0103/1223058r2.doe
Exhibit "U-7
P. Insurance.
1. Insurance on Tenant's Property. Tenant will during the Term provide
insurance coverage for all risks of physical loss or damage insuring the full replacement value of
Tenant's trade fixtures, furnishings, equipment, inventory and all other items of personal
property of Tenant.
2. Tenant's Responsibility to Maintain Insurance on Premises. Tenant will
maintain or cause to be maintained, at its sole cost and expense, the following insurance with
respect to the Premises:
a. Liability Insurance. Comprehensive general liability insurance against any
and all liability of the insured for personal injury, death, or property damage with respect to or
arising out of the ownership, maintenance, use or occupancy of the Premises, and all operations
incidental thereto including, but not limited to, structural alterations, new construction and
demolition, including a broad form commercial general liability endorsement covering the
insuring provisions of this Lease and the performance by Tenant of the indemnity agreements set
forth in this Lease, the insurance to have limits of not less than Five Million Dollars
($5,000,000.00) for bodily injury, personal injury and property damage liability.
b. Worker's Compensation Insurance. Worker's Compensation insurance
covering all persons employed by Tenant in the conduct of its business on the Premises, or as
required by law from time to time.
C. Special Cause of Loss. "Special Cause of Loss" property insurance on the
improvements in an amount not less than the full insurable value on a replacement cost basis of
the improvements on the Land and Tenant's trade fixtures. During all construction periods, such
policy will be written in the so- called "Builder's Risk Completed Value Non - Reporting Form"
with no coinsurance requirement and will contain a provision granting the insured permission to
complete.
3. Policy Requirements. All insurance required under this Lease will: (a) have
Landlord named as additional insured; (b) state that the insurance afforded to each of the above -
named insureds will be primary insurance and any other valid and collectible insurance available
to either of the insureds will be excess insurance and under no circumstances will be considered
contributory; (c) provide that coverage will not be revised, canceled or reduced until at least
thirty (30) days written notice of such revision, cancellation or reduction has been given to
Landlord (except in the event of cancellation for nonpayment of premium, which notice will be
provided at least ten (10) days prior to cancellation); and (d) be issued by insurance companies
which are qualified to do business in the State of California and having a rating of not less than
A -VIII in Best's Insurance Guide.
4. Blanket Policy. Any or all insurance required under this Lease maybe part of
a blanket policy or policies of insurance maintained by Tenant covering the risks to be insured
11086- 0103/1223058r2.doe
Exhibit "U-8
against under this Lease so long as the coverage required under this Lease is not diminished
5. Right of Landlord to Obtain Insurance. Prior to the Commencement Date,
and thereafter not less than thirty (30) days prior to the expiration date of each policy theretofore
furnished pursuant to this Section P, Tenant will deliver to Landlord, in the manner required for
notices, copies or certificates of all insurance policies required by this Lease or, alternatively,
proof acceptable to Landlord that such insurance has been or will be obtained prior to the
Commencement Date or the expiration date of such policies, as applicable. If Tenant fails or
refuses to procure or to maintain insurance as required by this Lease, or fails or refuses to furnish
Landlord with proof acceptable to Landlord that the insurance has been or will be procured
within five (5) business days following Landlord's demand for such proof, Landlord will have
the right, at Landlord's election, to procure and maintain such insurance, in addition to all other
rights and remedies Landlord may possess on account of such default. The premiums paid by
Landlord in such event will be treated as rent due from Tenant to be paid on the first day of the
next month following the date on which the premiums were paid, with interest at a rate equal to
the Interest Rate from the time of payment until repayment. Landlord will give prompt notice of
the payment of such premiums, stating the amounts paid and the names of the insurer or insurers
to whom such premiums were paid.
6. Waiver of Subrogation. Landlord and Tenant each agree to have their
respective insurance companies issuing insurance with respect to the Premises waive any rights
of subrogation that such companies may have against Landlord or Tenant, as the case may be.
Landlord and Tenant hereby waive any and all rights of recovery against the other, or against the
officers, employees, agents and representatives of such other parry, for loss of or damage to such
waiving parry or its property or the property of others under its control, arising from any cause
insured against under any insurance policies required to be carried by this Section P or under any
other policy of insurance carried by such waiving party, to the full extent permitted by such
policies.
7. Compliance with Insurance Requirements. Tenant will not do anything, or
suffer or permit anything to be done, in or about the Premises that will invalidate or be in conflict
with the provisions of any fire or other insurance policies covering the Building or any property
located therein. Tenant, at Tenant's expense, will comply with, and will cause all occupants of
the Premises to comply with, all applicable customary rules, orders, regulations or requirements
of any board of fire underwriters or other similar body.
8. Building Services. The Landlord will have no liability for, or responsibility to
provide or maintain, any safety or security devices or services in the Premises or the Building.
The risk that any safety or security device, service or program may not be effective, or may
malfunction or be circumvented, is assumed solely by Tenant with respect to Tenant's property
and interests, and Tenant will obtain insurance coverage to the extent Tenant desires protection
against criminal acts and other losses.
Q. Possessory Interest Tax and Other Taxes. Landlord hereby gives Tenant
notice, and Tenant acknowledges receipt of such notice, as required pursuant to California
Revenue and Taxation Code Section 107.6, that the leasehold interest created by this Lease may
11086- 0103/1223058r2.doe
Exhibit "U-9
result in a possessory interest tax being levied against the Premises, and that in such event
Tenant will be obligated to pay such tax. In addition, Tenant will be solely responsible for the
payment of all other taxes attributable to the Tenant's occupancy and use of the Premises.
R. No Assignment. Tenant agrees not to sublet or assign, directly or indirectly,
voluntarily or by operation of law, sell, assign, encumber, pledge or otherwise transfer or
hypothecate all or any part of the Premises or Tenant's leasehold interest hereunder (each such
act is herein referred to as an "Assignment'), or sublet the Premises or any portion thereof or
permit the Premises to be occupied by anyone other than Tenant.
Default.
1. Events of Default. The occurrence of any one or more of the following events
will constitute a default or breach of this Lease by Tenant:
a. Failure of Tenant to pay any rent when due, where such failure has not
been cured within three (3) days of written notice of such failure.
b. Failure of Tenant to perform any of the provisions of this Lease to be
performed by Tenant, where such failure will continue for thirty (30) days after notice of such
failure by Landlord to Tenant; provided however, that if the nature of Tenant's default is such
that more than thirty (30) days are reasonably required for its cure, then Tenant will not be
deemed to be in default if Tenant commences such cure within such thirty (30) day period and
thereafter diligently prosecutes such cure to completion.
C. The filing by or against Tenant of any action or proceeding under any
federal or state insolvency, reorganization, bankruptcy or other debtor relief statute now or
hereafter existing, (unless in the case of such action taken against Tenant, the same is dismissed
within sixty (60) days); or the appointment of a trustee or receiver over or the attachment of
Tenant's leasehold estate in the Premises or Tenant's assets at the Premises that is not dismissed
within thirty (30) days after the filing thereof.
T. Remedies. Upon the occurrence of a default by Tenant under this Lease that is
not cured by Tenant within the grace periods specified in Section T, Landlord will have the
following rights and remedies, in addition to all other rights and remedies available to Landlord
at law or in equity:
Rights and Remedies.
a. The rights and remedies provided by California Civil Code Section
1951.2, including, but not limited to, the right to terminate Tenant's right to possession of the
Premises and to recover the amounts specified in California Civil Code Subsections
1951.2(a)(1) -(4);
b. The rights and remedies provided by California Civil Code Section
1951.4, including, without limitation, the right to continue the Lease in effect after Tenant's
breach and abandonment and recover rent as it becomes due. Acts of maintenance or
11086- 0103/1223058r2.doe
Exhibit "C " -10
preservation, efforts to re -let the Premises or the appointment of a receiver upon Landlord's
initiative to protect its interest under this Lease will not of themselves constitute a termination of
Tenant's right to possession;
C. The right and power to enter the Premises and remove therefrom all
persons and property, to store such property in a public warehouse or elsewhere at the cost of and
for the account of Tenant, and to sell such property and apply the proceeds therefrom pursuant to
applicable California law;
d. The right to have a receiver appointed for Tenant, upon application by
Landlord, to take possession of the Premises, and to apply any monies collected from the
Premises; and
e. The right to specific performance of any or all of Tenant's obligations
hereunder, and to damages for delay in or failure of such performance.
2. Remedies Cumulative. The exercise of any remedy provided by law or the
provisions of this Lease will not exclude any other remedies unless this Lease expressly excludes
such remedies. Tenant hereby waives any right of redemption or relief from forfeiture following
termination of, or exercise of any remedy by Landlord with respect to, this Lease.
U. Fees and Expenses; Indemnity; Payment.
1. Landlord's Right to Remedy Defaults. If Tenant will default in the
performance of any of its obligations under this Lease after notice and expiration of the
applicable cure period, Landlord may remedy such default at Tenant's expense, without thereby
waiving any other rights or remedies of Landlord with respect to such default. Notwithstanding
the foregoing, Landlord will have the right to cure any failure by Tenant to perform any of its
obligations under this Lease without notice to Tenant if such failure results in an immediate
threat to life or safety of any person, or impairs the Building or its efficient operation.
2. Indemnity. Except to the extent caused by the negligence or willful
misconduct of Landlord, Tenant will indemnify Landlord, against and save Landlord harmless
from and defend Landlord through attorneys reasonably satisfactory to Landlord from and
against any and all claims, losses, costs, liabilities, damages and expenses including, without
limitation, reasonable attorneys' fees, to the extent incurred in connection with or arising from
(a) any default by Tenant in the observance or performance of any of the terms, covenants,
conditions or other obligations of this Lease, or the failure of any representation made by Tenant
in this Lease, (b) the use or occupancy or manner of use or occupancy of the Premises during the
Term by Tenant or any person occupying the Premises, (c) the condition of the Premises during
the Term or any occurrence or happening on the Premises between the Commencement Date and
the time Landlord has accepted the surrender of the Premises after the expiration or termination
of the Term, (d) any act of Tenant or any subtenant of the Premises or any of their respective
employees or invitees while on the Premises, or (e) Landlord's inability to obtain access to any
portion of the Premises with respect to which Landlord has not been furnished a key (if locked)
or access has been otherwise restricted.
11086- 0103/1223058r2.doe
Exhibit "C " -11
3. Interest on Past Due Obligations. Unless otherwise specifically provided
herein, any amount due from Tenant to Landlord under this Lease which is not paid within five
(5) days from the date when due will bear interest from the due date until paid at the lesser of the
highest rate then permitted by law or a rate per annum which is equal to four percent (4 %) plus
the highest rate identified by Bank of America NT &SA as its "reference rate" between the date
such amount was due and the date such payment was received. The payment of such interest
will not alone excuse or cure any default under this Lease.
V. Access to Premises. Landlord reserves for itself and its agents, employees and
independent contractors the right to enter the Premises, subject to Tenant's reasonable
requirements for maintaining secure areas, at all reasonable times (upon reasonable telephonic
notice) to inspect the Premises, to supply any service to be provided by Landlord to Tenant
hereunder, to show the Premises to prospective purchasers, mortgagees, beneficiaries or (during
the last twelve (12) months of the Term only) tenants, to post notices of non - responsibility, to
determine whether Tenant is complying with its obligations under this Lease, and to alter,
improve or repair the Premises or any other portion of the Building. In the event of an
emergency, Landlord will have the right to enter the Premises at any time without notice.
Landlord will have the right to use any and all means that Landlord may deem necessary or
proper to open doors in an emergency, in order to obtain entry to any portion of the Premises.
Tenant hereby waives any claim for damages for any injury or inconvenience to or interference
with Tenant's business, any loss of occupancy or quiet enjoyment of the Premises, any right to
abatement of rent, or any other loss occasioned by Landlord's exercise of any of its rights under
this Section V. Tenant waives all rights to consequential damages (including, without limitation,
damages for lost profits and lost opportunities) arising in connection with Landlord's exercise of
its right under this Section V.
W. Notices. Except as otherwise expressly provided in this Lease, any payment
required to be made and any bills, statements, notices, demands, requests or other
communications given or required to be given under this Lease will be effective only if rendered
or given in writing, sent by personal delivery or registered or certified mail, return receipt
requested, or by overnight courier service or by facsimile transmission with a following copy by
first class mail, addressed (a) to Tenant at the Premises, (b) to Landlord at the address set forth in
the Basic Lease Information or (c) to such other address as either Landlord or Tenant may
designate as its new address in California for such purpose by notice given to the other in
accordance with the provisions of this Section W. Any such bill, statement, notice, demand,
request or other communication will be deemed to have been rendered or given on the date of
receipt or refusal to accept delivery.
X. No Waiver. No provision of this Lease may be waived, and no breach thereof
will be waived, except by a written instrument signed by the party against which the enforcement
of the waiver is sought. No failure by Landlord to insist upon the strict performance of any
obligation of Tenant under this Lease, no course of conduct between Landlord and Tenant, and
no acceptance of the keys or to possession of the Premises before the termination of the Term by
Landlord or any employee or representative of Landlord will constitute a waiver of any breach or
a waiver or modification of any term, covenant or condition of this Lease. No payment by
Tenant of a lesser amount than the aggregate of all rent then due under this Lease will be deemed
11086- 0103/1223058r2.doe
Exhibit "C " -12
to be other than on account of the first items of such rent then accruing or becoming due, unless
Landlord elects otherwise.
Y. Tenant's Certificates. Tenant, at any time and from time to time, within ten (10)
days after written request, will execute, acknowledge and deliver to Landlord, addressed (at
Landlord's request) to any prospective purchaser, ground or underlying lessor or mortgagee or
beneficiary of any part of the Premises, an estoppel certificate in form and substance reasonably
designated by Landlord. Tenant's failure to do so within such ten (10) day period will be
conclusive upon Tenant that all facts set forth in Landlord's proposed certificate are true and
correct.
Z. Miscellaneous.
1. Successors and Assigns. The terms, covenants and conditions contained in
this Lease will bind and inure to the benefit of Landlord and Tenant and, except as otherwise
provided herein, their respective personal representatives and successors and assigns.
2. Severability. If any provision of this Lease or the application thereof to any
person or circumstance will, to any extent, be invalid or unenforceable, the remainder of this
Lease, or the application of such provision to persons or circumstances other than those as to
which it is invalid or unenforceable, will not be affected thereby, and each provision of this
Lease will remain in effect and will be enforceable to the full extent permitted by law.
3. Applicable Law. This Lease will be governed by and construed in accordance
with the laws of the State of California.
4. Integration. The terms of this Lease (including, without limitation, the
Exhibits hereto) are intended by the parties as a final expression of their agreement with respect
to such terms as are included in this Lease and may not be contradicted by evidence of any prior
or contemporaneous agreement, arrangement, understanding or negotiation (whether oral or
written).
5. Quiet Enjoyment. Upon Tenant paying the rent and performing all of
Tenant's obligations under this Lease, Tenant may peacefully and quietly enjoy the Premises
during the Term as against all persons or entities claiming by or through Landlord.
6. Time of Essence. Time is of the essence of each and every provision of this
Lease.
7. Broker's Commissions. Each parry represents and warrants to the other that it
has not entered into any agreement or incurred or created any obligation which might require the
other parry to pay any broker's commission, finder's fee or other commission or fee relating to
the leasing of the Premises, except for the brokers specified in the Basic Lease Information.
Each parry will indemnify, defend and hold harmless the other and the other's constituent
partners and their respective officers, directors, agents and employees from and against all claims
for any such commissions or fees made by anyone claiming by or through the indemnifying
11086- 0103/1223058r2.doe
Exhibit "C " -13
parry, except for the brokers named in the Basic Lease Information.
8. Recovery Against Landlord. Tenant will look solely to Landlord's interest in
the Premises for the recovery as provided under applicable law of any judgment against
Landlord. Landlord, or if Landlord is a partnership, its partners whether general or limited, or if
Landlord or any constituent partner of Landlord is a corporation, its directors, officers and
shareholders, will never be personally liable for any such judgment. In the event that any
Landlord hereunder sells or conveys its interest in the Building, all liabilities and obligations on
the part of such Landlord under this Lease accruing thereafter will terminate and all such
liabilities and obligations will be binding upon the new owner.
9. Counterparts. This Lease may be executed in several counterparts, each of
which will be deemed an original, and all of such counterparts together will constitute one and
the same instrument.
10. Amendments. No amendments or modifications of this Lease or any
agreements in connection therewith will be valid unless in writing duly executed by both
Landlord and Tenant. No amendment to this Lease will be binding on any mortgagee or
beneficiary of Landlord (or purchaser at any foreclosure sale) unless such mortgagee or
beneficiary will have consented thereto in writing.
11. Attorneys' Fees. If Landlord becomes a parry to any litigation not initiated by
Tenant concerning this Lease or the Premises by reason of any act or omission of Tenant or its
authorized representatives, and not by reason of its own act or omission or any act or omission of
its authorized representatives, Tenant will be liable to Landlord for reasonable attorneys' fees
and court costs incurred by Landlord in the litigation. If either parry commences an action
against the other parry arising out of or in connection with this Lease, or institutes any
proceeding in a bankruptcy or similar court which has jurisdiction over the other parry or any or
all of its property or assets, the prevailing parry will be entitled to have and recover from the
losing parry reasonable attorneys' fees and court costs. The fees recoverable, as provided above,
will include fees incurred on appeal and any other post - judgment proceeding.
IN WITNESS WHEREOF, Landlord and Tenant have each caused their duly authorized
representatives to execute this Lease on their behalf as of the date first above written.
TENANT
BASICS, ETC. CORPORATION
RIM
Title:
11086- 0103/1223058r2.doe
Exhibit "C " -14
IM
Title:
Approved as to form:
JON H. LIEBERG
A Professional Law Corporation
Jon H. Lieberg
Attorney for Seller
LANDLORD
CITY OF Temecula, a Municipal
Corporation
I�
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved as to form:
RICHARDS, WATSON & GERSHON
PETER M. THORSON, CITY
ATTORNEY
Shawn Nelson, City Manager
11086- 0103/1223058r2.doe
Exhibit "C -15
Exhibit "I" to Lease
BASIC LEASE INFORMATION
Premises:
The real property that is an approximate 43,996
square foot parcel commonly known as 41375
McCabe Court, Temecula, California 92590
Legal Description of Premises:
Parcel 16, as shown by Parcel Map 23561 -2, on
file in Book 168, Pages 71 through 72, of Parcel
Maps, records of Riverside County, California;
Excepting therefrom all mineral, oil and gas
rights below the depth of 500 feet below the
surface of said land without the right of surface
entry, as reserved in Grant Deed recorded
December 27, 1991 as Instrument No. 447369
of Official Records of Riverside County,
California.
Building:
An approximate 17,312 square foot (gross)
industrial building located on the Premises
Landlord's Address:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589 -9033
Tenant's Address:
Basics Etc. Corporation
41375 McCabe Court
Temecula, California 92590 -5631
Commencement Date:
Date of Close of Escrow pursuant to Purchase
and Sale Agreement Between the City of
Temecula and Basics Etc. Corporation and Joint
Escrow Instructions (I- 15/French Valley
Improvements Project — Project PW02 -11)
Termination Date:
Upon City's Issuance of 90 -Day Notice to
Vacate pursuant to Section 4 of Purchase and
Sale Agreement Between the City of Temecula
and Basics Etc. Corporation and Joint Escrow
Instructions in connection with the French
11086- 0103/1223058v1.doe
Exhibit "I" to Lease (Exhibit "C " -16)
11086- 0103/1223058v1.doe
Exhibit "I" to Lease (Exhibit "C " -17)
Valley Parkway /Interstate -15 Over - Crossing
and Interchange Improvements Project — Project
Numbers PW02 -11 and PW07 -04 or two years
from Close of Escrow as defined in the
Purchase and Sale Agreement, whichever is
sooner.
Diagram of Premises:
See Exhibit "A" to Basic Lease Information
Tenant's Tax Share:
100%
Tenant's Expense Share:
100%
Use:
See Section F. of Lease
11086- 0103/1223058v1.doe
Exhibit "I" to Lease (Exhibit "C " -17)
Exhibit "A"
to Basic Lease Information
Diagram of Premises
Exhibit "A" to Exhibit "I" to Lease
EXHIBIT "D" — FORM OF GRANT DEED
RECORDING REQUESTED BY:
City of Temecula, a municipal corporation
AND WHEN RECORDED RETURN TO:
City of Temecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589 -9033
Recording Fee: Exempt pursuant to
Government Code §§ 6103 and 27383
[ X] All of APN 910 - 262 -008
No Documentary Transfer Taxes Due: See Revenue & Taxation § 11922 and Government Code § 6103
GRANT DEED
THE UNDERSIGNED GRANTOR DECLARES AS FOLLOWS:
FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, BASICS ETC. CORPORATION ( "GRANTOR ") hereby grants to the
CITY OF TEMECULA, a municipal corporation ( "GRANTEE ") in fee the real
property located in the City of Temecula, County of Riverside, California commonly
known as 41375 McCabe Court, Temecula, and identified as Riverside County
Assessor's Parcel Number 910 - 262 -008 ( "Property"). The Property is described more
particularly in Exhibit "A" and depicted on Exhibit `B" to this Grant Deed. Exhibits "A"
and `B" are incorporated in this Grant Deed by this reference.
In WITNESS WHEREOF, the Grantor has executed this Grant Deed as of the
date set forth below:
GRANTOR BASICS ETC. CORPORATION
Dated:
11086.0638 \1189310v2.doc
Lo
Title:
Exhibit "D " -1
EXHIBIT "D" — FORM OF GRANT DEED
Dated:
STATE OF CALIFORNIA
COUNTY OF
Title:
Iss.
I
before
a notary public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she/they executed the same in his/ her /their authorized capacity(ies), and that by
his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Ibis area for official notarial seal)
Title of Document
Date of Document No. of Pages
Other signatures not acknowledged
11086.0638 \1189310vldoe
Exhibit "D " -2
EXHIBIT "D" — FORM OF GRANT DEED
STATE OF CALIFORNIA
COUNTY OF
Iss.
I
before
a notary public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that
he /she/they executed the same in his/ her /their authorized capacity(ies), and that by
his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Ibis area for official notarial seal)
Title of Document
Date of Document
Other signatures not acknowledged
11086.0638 \1189310vldoe
Exhibit "D " -3
No. of Pages
EXHIBIT "D" — FORM OF GRANT DEED
CITY OF TEMECULA
Office of the City Clerk
43200 Business Park Drive
P.O. Box 9033
Temecula, CA 92590
CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(Govt. Code § 27281)
(APN 910 - 262 -008)
This is to certify that the above- attached GRANT DEED granted to the City of Temecula,
a municipal corporation, by Basics Etc. Corporation is hereby accepted under the
authority of the City Council of the City of Temecula and the Grantee consents to the
recordation thereof by its duly authorized officer.
Dated:
ATTEST:
Lo
Susan W. Jones, MMC
City Clerk
APPROVED AS TO FORM:
ME
Peter M. Thorson, City Attorney
:
City of Temecula
Shawn Nelson, City Manager
11086.0638 \1189310vldoe
Exhibit "D " -4
EXHIBIT "D" — FORM OF GRANT DEED
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Parcel 16, as shown by Parcel Map 23561 -2, on file in Book 168, Pages 71 through 72, of
Parcel Maps, records of Riverside County, California;
Excepting therefrom all mineral, oil and gas rights below the depth of 500 feet below the
surface of said land without the right of surface entry, as reserved in Grant Deed recorded
December 27, 1991 as Instrument No. 447369 of Official Records of Riverside County,
California.
11086.0638 \1189310vldoe
Exhibit "D " -5
EXHIBIT "D" - FORM OF GRANT DEED
EXHIBIT "B"
[INSERT MAP DEPICTING PROPERTY]
11086.0638 \1189310v2.doc
Exhibit "D " -6
PROJECT LOCATION
ProjectTitle FRENCH VALLEY PARKWAY /I NTERSTATE -150VER -CROSSI NG AND
INTERCHANGE IMPROVEMENTS
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PROJECT DESCRIPTION
Project Title: FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER - CROSSING AND INTERCHANGE PRIORITY:
IMPROVEMENTS
Project Type: Circulation
Description: Study, process, design, and construct a bridge over - crossing over Interstate -15 from Jefferson Avenue to Ynez Road and
construct a new freeway interchange. Project will consist of designing a new interchange to address traffic circulation in the
City's northern areas.
Department: Public Works — Account No. 210.165.726
Scope of Project: Project will consist of designing and constructing a freeway over - crossing over Interstate -15 and construct a new freeway
interchange. Project would also include curb and gutters, pavement, sidewalks, and new traffic signals.
Benefit: Project will improve traffic circulation.
Project Cost:
Actuals
$
322,730
$
325,000
$
200,000
$
125,000
$
972,730
TUMF(WRCOG)*
to Date
$
2009 -10
$
2010 -11
$
2011 -12
$
2012 -13 2013 -14
Total Project Cost
Administration
$
761,038
$
320,610
$
325,000
$
200,000
$
125,000
$
1,731,648
Acquisition
$
8,936,172
$
3,896,234
$
15,872,147
3,990,750
$
28,704,553
Caltrans Oversight
Measure A -Local Street and Road
$
975,000
$
$
7,000,000
$
7,000,000
$
6,000,000
$
20,000,000
Construction
Measure A-Highway Program
$
20,302,260
$
19,697,740
$
18,000,000
$
58,000,000
Design
$
2,154,305
$
3,133,603
$
5,000,000
$
10,287,908
Totals
$
11,851,515
$
7,350,447
$
48,499,407
$
26,897,740
$
24,125,000 $ -
$
118,724,109
Source of Funds:
Capital Project Reserves
$
322,730
$
325,000
$
200,000
$
125,000
$
972,730
TUMF(WRCOG)*
$
2,144,242
$
32,583,657
$
6,152,740
$
3,000,000
$
43,880,639
DIF (Public Facilities)
$
75,360
$
75,360
TUMF(RCTC) **
$
3,787,315
$
3,514,599
$
3,990,750
$
11,292,664
Measure A -Local Street and Road
$
975,000
$
1,368,876
$
2,343,876
Measure A-Highway Program
$
10,000,000
$
10,000,000
$
20,000,000
CFD (Harveston)
$
1,005,840
$
1,005,840
Federal Highway Administration
$
8,000
$
8,000
SAFETEA -LU
$
1,600,000
$
1,600,000
Reimbursements /Other(Land Donation)
$
6,000,000
$
6,000,000
STEP Augmentation * **
$
10,545,000
$
21,000,000
$
31,545,000
Total Funding:
7
11,851,515
$
7,350,447
$
48,499,407
$
26,897,740
$
24,125,000 $
- $
118,724,109
Future O & M Cost:
$
8,000
Annually
*TUMF Zone funding pursu u to WRCOG Agreement 05- SW -TEM -1064 for a total of $4,078,000 ($1,165,000- PA &ED, $2,913,000 -PS &E) also see Phase I.
**TUMF Regional funding pmsumtto RCTC Agreement 06 -72- 048 -00 for a total of $7,517,000($5,715,000 -ROW; $2,000,000 -PS &E) also see Phase I.
* * *STIP Augmentation is dependent upon State's ability to bond for transportation funds.
43
PROJECT LOCATION
ProjectTitle FRENCH VALLEY PARKWAY /INTERSTATE- 15OVER -CROSSING AND
INTERCHANGE IMPROVE MENTS- PHASEI
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PROJECT DESCRIPTION
Project Title:
FRENCH VALLEY PARKWAY / INTERSTATE -15 OVER - CROSSING AND INTERCHANGE
PRIORITY:
IMPROVEMENTS - PHASE I
Project Type:
Circulation
Description:
Project will construct portions of the French Valley Parkway/ Interstate -15 over - crossing and interchange improvements (Project No. PW02 -11)
which include adding a new southbound off -ramp from Interstate -15 to French Valley Parkway, constructing the northern half of French Valley
Parkway from the off -ramp to Jefferson Avenue, widening of the existing southbound off -ramp from Interstate -15 to Winchester, and constructing
a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off -ramp. This project is included in the RTIP as
"French Valley Pkwy (FVP) — Phase 1: Design and construct FVP (I -15 — Jefferson), SB exit ramp (1 LN), SB aux lane (FVP — Winchester Rd)
& widen Winchester SB exit ramp (1 to 2)."
Department:
Public Works— Account No. 210.165.719
Scope of Project:
Project will include design, right -of -way, utility relocation, and construction activities. Project requires oversight by Caltrans and coordination
with the City of Murrieta. It will be designed to compliment the ultimate interchange project (Project No. PW02 -11). Other features include
permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of
French Valley Parkway and Jefferson Avenue.
Benefit:
Project will improve traffic circulation.
Project Cost:
Actuals
to Date 2009 -10 2010 -11 2011 -12 2012 -13 2013 -14 Total Project Cost
Administration
$ 240,601 $ 159,791 $ 48,500 $ 48,500 $ 497,392
Caltrans Oversight
$ 1,200,000 $ 1,200,000 $ 1,060,000 $ 3,460,000
Construction
$ 2,000,000 $ 8,000,000 $ 3,000,000 $ 13,000,000
Design
$ 991,752 $ 61,615 $ 1,053,367
Environmental
$ 87,000 $ 87,000
MSHCP
$ 650,000 $ 650,000
Totals
7 1,232,353 $ 4,158,406 $ 9,248,500 $ 4,108,500 $ $ $ 18,747,759
Source of Funds:
DIF (Street Improvements)
$ 444,203 $ 444,203
Measure A -Local Street and
Road
$ 630,008 $ 1,352,211 $ 48,500 $ 48,500 $ 2,079,219
TUMF(RCrc)*
$ 158,142 $ 2,806,195 $ 9,200,000 $ 4,060,000 $ 16,224,337
Total Funding:
$ 1,232,353 $ 4,158,406 $ 9,248,500 $ 4,108,500 $ $ $ 18,747,759
Future O & M Cost:
$ 15,000 Annually
*TUNE Regional funding pursuant to RCTC Agreement 06 -72- 048 -00 for a total of $7,517,000 ($5,715,000 -ROW; $2,000,000 PS &E)
45
Item No. 18
Approvals
City Attorney
Director of Finance
City Manager
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Aaron Adams, Assistant City Manager
DATE: June 22, 2010
SUBJECT: Approval of the Blue Ribbon Committee Nominations at the request of the
Quality of Life / Temecula 2030 Subcommittee (Mayor Pro Tern Roberts and
Council Member Washington)
PREPARED BY: Tamra Middlecamp, Senior Management Analyst
RECOMMENDATION: That the City Council approve the Blue Ribbon Committee
nominations as submitted by the Quality of Life /Temecula 2030 Master Plan Subcommittee.
BACKGROUND: The City of Temecula has embarked on a process called the
Quality of Life/Temecula 2030 Master Plan to be used as a road map and planning tool for the
next twenty years. This plan will define the City's long -term goals in a variety of areas, including
but not limited to sustainability of quality of life, continual maintenance of public infrastructure,
public safety, higher education, business retention and attraction, economic development and
fiscal stability. It will also allow the City to gain the community's vision about where the City
should be headed in order to maintain the great quality of life enjoyed by our citizens.
Mayor Pro Tern Roberts and Council Member Washington were appointed to serve on the
Quality of Life/Temecula 2030 Master Plan Subcommittee on May 12, 2009. In February 2010,
the Subcommittee recommended to the City Council that the Blue Ribbon Committee consist of
16 -19 members, be representative of the community, and be structured and appointed as
depicted in Exhibit A. The City Council approved the planned structure of the Blue Ribbon
Committee and requested final approval of the Blue Ribbon Committee be brought back before
the City Council.
The Quality of Life /Temecula 2030 Master Plan Subcommittee met on June 2, 2010 to discuss
the recommended nominees for each of the positions on the Blue Ribbon Committee. Blue
Ribbon Committee Members will be representative of the community with specific demographics
and perspectives such as:
Senior Citizen
College Student
High School Student
Faith -Based Organization
Higher Education
TVUSD (K -12)
Medical Distribution
Medical / Manufacturing / Life Science
Healthcare
Historical
Tourism / Hospitality
Economic Development Professional
Retail Professional
Applications were solicited from the City's website, cable station and various articles were
written in local newspapers about this project. All submitted applications were forwarded to the
Quality of Life / Temecula 2030 Master Plan Subcommittee for review. The Subcommittee has
recommended nominations for the City Council to consider appointing in each of the positions
for the Blue Ribbon Committee.
In addition, each City Council member was afforded one (1) appointee to the Blue Ribbon
Committee. The following are the nominations for the Blue Ribbon Committee:
City Council Appointments (5)
Gary Thornhill
Retired Deputy City Manager, City of Temecula - Land Use Planner /Consultant
Melissa Donaldson
Executive Director, Safe Alternatives For Everyone - (SAFE) Non - profit
Rosie Vanderhaak
Library Manager, Temecula Public Library
Diane Lovett -Webb
Alternate: Matt Brown
Mary Mollway
President and Executive Director, New Vision Children's Services — (Special Needs)
QLMP Subcommittee
Ron Roberts
Mayor Pro Tern
Chuck Washington
Council Member
At -Large Applications (3), Generational
Wayne Bershaw— Senior Citizen (Golden Years Association)
Cameron McLaws — College Student
Cal State San Marcos
Jassy Grewal — High School Student
Temecula Valley High School
Toby Hammett — Faith Based
Temecula United Methodist
Direct Appointments, Industry
Dr. Karen Haynes — Higher Education
President CSUSM
Carol Leighty — K -12 Education
Ret. Superintendent, TVUSD
Janese Luttgens — Medical Distribution
CEO, Professional Hospital Supply
Susan Slane— Medical MFG /Life Science
Divisional Vice President, Quality & Compliance
Abbott Vascular
Bruce Christian — Healthcare
President and Chief Executive Officer, Loma Linda Hospital
Anne Miller, Ph.D. — Historical
Psychologist
John Kelliher — Tourism/Hospitality
Owner, Grapeline Wine Country Tours
Tim Gerritty — Economic Development Professional
Director of the Office of Technology Transfer and Commercialization
CSU San Bernadino
Jeff Kurtz — Retail Professional
General Manager, Promenade Mall
FISCAL IMPACT: There is no financial impact associated with the formation of the
Blue Ribbon Committee for the Quality of Life / Temecula 2030 Master Plan. It is anticipated
that the Quality of Life / Temecula 2030 Master Plan will be completed in the spring /summer
2011.
ATTACHMENTS: Organizational Chart
Quality of Life Master Plan: Temecula 2030
Blue Ribbon Committee
City Council Appointments (5)
QLMP Subcommittee (2)
At -Large Applications (3)
(Alt: Matt Brown)
- Planning /Land Use
Generational
Gary Thornhill
Ron Roberts
Senior Citizen
Ret. Deputy City Manager,
Mayor Pro Tern
Wayne Bershaw
Land Use Planner / Consultant
-Marketing/Branding/Image
Golden Years Association
City of Temecula
Melissa Donaldson
Chuck Washington
College Student
Executive Director
Council Member
Cameron McLaws
Safe Alternatives for Everyone (S.A.F.E.)
Cal State San Marcos
(Non- Profit)
Rosie Vanderhaak
High School Student
Library Manager
Jassy Grewal
Temecula Public Library
Temecula Valley H.S.
City Staff to provide
Diane Lovett -Webb
support: -Technology
Faith -Based
(Alt: Matt Brown)
- Planning /Land Use
Organization
- Parks /Rec
Toby Hammett
- Public Safety
Temecula Methodist Church
-Marketing/Branding/Image
Mary Mollway
President / Executive Director
New Vision Children's Services
(Special Needs)
Direct Appointments (6 -9)
Industry
Higher Education
Dr. Karen Haynes
President
Cal State San Marcos
TVUSD (K -12)
Carol Leighty
Ret. Superintendent
TVUSD
Medical Distribution Medical /Mfg / Life Science
Janese Luttgens Susan Slane
CEO DVP of Quality
Professional Hospital Supply Abbott Vascular
Healthcare
Bruce Christian
President / CEO
Loma Linda Hospital
Historical
Anne Miller
Tourism /Hospitality
John Kelliher
Owner
Grapeline Wine Country Tours
Economic Development Prof
Tim Gerrity
Director, Office of Tech Tranf & Comm
Cal State San Bernadino
Retail Professional
Jeff Kunz
General Manager
Promenade Mall
Item No. 19
Approvals
City Attorney /10
Director of Finance
City Manager Go,,
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager /City Council
FROM: Tim Thorson, Director of Information Systems
DATE: June 22, 2010
SUBJECT: Procurement of ShoreTel Phone and GFI FAX System - Civic Center Installation
RECOMMENDATION: That the City Council
Authorize the purchase and installation of ShoreTel Phone equipment from Conduit
Networks on the PEPPM Contract for the total amount of $50,452.71, which includes
shipping and applicable sales tax.
2. Authorize the single source purchase and installation of the GFI Faxmaker solution
from Conduit Networks for $14,474.93.
BACKGROUND: The City has migrated from the legacy NEC PBX telephone
system to the ShoreTel Voice Over Internet Protocol (VOIP) system. Since City Council
approval on July 8, 2008, the first -phase phone upgrade was implemented for select remote
City facilities such as the Community Recreation Center, History Museum, and Senior Center.
Procuring, planning, and installation of the second -phase phone system upgrade for the new
Civic Center is in accordance with the Civic Center Technology Master Plan. With City Council
authorization to accelerate funding through the Civic Center FF &E, funding was authorized by
the City Council on November 25, 2008 for the amount of $128,906.00. This project allowed
staff to terminate the outdated PBX system and to install the new phone system in the current
City Hall.
The recommendation for this agenda item completes the phone system upgrade to ShoreTel by
installing the backbone equipment in the new Civic Center. This final phone upgrade will allow
staff to move its existing phones to the new Civic Center and ensures a smooth transition when
relocating the City offices. The City's primary phone numbers will also be allowed to remain the
same. This project also includes the ShoreTel Conference Bridge that supports the new Civic
Center Conference Rooms with conference calling features that give staff live -call desktop
controls. Also, tools to facilitate a live- question- and - answer session, mute and un -mute
individual lines, view all participants on the call, enable or disable recording & lecture mode
will be made available
The Faxmaker solution is a FAX server that integrates fax services with ShoreTel to support a
unified messaging system that allows fax messages to be received in Microsoft Outlook Email
inboxes. This will allow the City to dispose of all fax machines and support fax services with the
phone and email systems. The GFI Faxmaker product is approved by ShoreTel and single
sourced to Conduit Networks to ensure adequate integration with the City's phone and email
systems.
ShoreTel VOIP phone equipment is available on the PEPPM Multistate Purchasing Contract.
These competitively, quoted prices are provided by Conduit Networks an authorized PEPPM
contractor. Under this agreement, it would be within the City's discretion to take advantage of
the pricing on another governmental entity contract. The contract is made available for use by
State of California agencies and any city, county or local governmental agency empowered to
expend public funds. Therefore, this purchase would be in compliance with competitive bidding
requirements. Staff's research has determined that the PEPPM pricing is the most competitive.
Also, it has been determined that the PEPPM program is consistent with the City's procurement
policies and regulations and that it is used by many cities as an industry standard.
FISCAL IMPACT: This purchase is included in the Furniture, Fixtures, and Equipment
(FF &E) budget for the new Civic Center. The Civic Center project is included in the FY2010-
2014 CIP and is funded with Capital Project Reserves and Certificates of Participation (COPS).
Adequate funds are available in the project account for this request.
ATTACHMENTS:
1. Civic Center ShoreTel PEPPM Purchase and Installation Agreement
2. FAX/SERVER Single Source Purchase and Installation Agreement
3. Project Location
4. Project Description
PURCHASE AND INSTALLATION AGREEMENT BETWEEN
CITY OF TEMECULA AND CONDUIT NETWORKS
CIVIC CENTER SHORETEL INSTALLATION
THIS AGREEMENT is made and effective as of June 22, 2010 between the City of
Temecula , a municipal corporation (hereinafter referred to as "City'), and Conduit Networks a
Corporation, (hereinafter referred to as "Contractor "). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
1._. __TERM
This Agreement shall commence on June 22, 2010 and shall remain and continue in
effect until tasks described herein are completed, but in no event later than December 30, 2010
unless sooner terminated pursuant to the provisions of this Agreement.
2. PURCHASE AND SALE OF EQUIPMENT
On and subject to the terms and conditions set forth in this Agreement and the
Agreement Documents, Contractor agrees to purchase and install for the City Shoretel
Telephone equipment and licenses as more particularly described in Exhibit A, Description of
Equipment, attached hereto and incorporated herein as though set forth in full (hereafter
"Equipment").
3. PURCHASE / INSTALLATION PRICE
The Purchase Price which City agrees to pay to Contractor for the Equipment is Fifty
Thousand Four Hundred Fifty Two Dollars And Seventy-Nine Cents ($50,452.71). The
Purchase Price is final and shall be paid by City to Contractor in accordance with Exhibit B.
4. SCOPE OF WORK
Contractor shall manufacture and install the equipment as described in the Scope of
Work, attached hereto and incorporated herein as Exhibit A ("Work "). Contractor shall provide
and furnish all labor, materials, necessary tools, expendable equipment and all utility and
transportation services required for the Work. All of said Work to be performed and materials to
be furnished for the Work shall be in strict accordance with the specifications set forth in the
Scope of Work. The Work shall be completed within the time set forth in the Scope of Work.
Contractor shalt not commence the Work until such time as directed by the City.
5. REPRESENTATIONS AND WARRANTIES OF VENDOR
Contractor makes the following representations and warranties to.City
a_ Authority and Consents. Contractor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any persons are necessary in connection with Contractor's execution, delivery,
installation and performance of this Agreement, except for such as have been obtained on or
prior to the date hereof. The execution, delivery, installation and performance of this Agreement
by Contractor have been duly authorized by all necessary action on the part of Contractor and
1
constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor
in accordance with their respective terms,
b. Title and Operating Condition. Contractor has good and marketable title
to all of the Equipment manufactured and installed. All of the Equipment are free and clear of
any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to
all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances,
equities, claims, covenants, conditions and restrictions except for such as may be created or
granted by City. All of the Equipment are in good operating condition, are free of any defects,
and are in conformity with the specifications, descriptions, representations and warranties set
forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment
for use as Telecommunications and that City is relying on Contractor's warranties that the.
Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally
used.
C. Full Disclosure. None of the representations and warranties made by
Contractor in this Agreement contains or will contain any untrue statement of a material fact, or
omits to state-- a material fact necessary to make the statements made, in light of the
circumstances nder which they were made, not misleading_
6. PERFORMANCE
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
7. CITY APPROVAL `
All labor, materials, tools, equipment, . and services shall be furnished and work
performed and completed subject to the approval of the City or its authorized representatives,
and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
City shall inspect the Equipment at the time and place of delivery. Such inspection may include
reasonable tests aW use of the Equipment by City. If, in the determination of City, the
Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so
notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice,
the Equipment shall be deemed accepted by City as of the date of receipt.
8. TIME OF DELIVERY
The date and time of delivery of the Equipment shall be on or before September 10,
2010 at 9:00 am. -
9. PLACE OF DELIVERY
The Equipment shall be delivered to this location: City of Temecula 41000 Main St.,
Temecula, CA 92590.
10. REJECTION
2
10. REJECTION
In the event of such notice of non - conformity by City pursuant to the section entitled 'City
Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2)
accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of
the Equipment and reject the remainder or the Installation. The exercise of any of the above
options shall be "without prejudice" and with full reservation of any rights and remedies of City
attendant upon a breach. In the event of such notice and election by City, City agrees to comply
with all reasonable instructions of Contractor and, in the event that expenses are incurred by
City in following such instructions, Contractor shall indemnify City in full for such expenses.
- _11s_ __NO REPLACEMENT OF CURE —
This Agreement calls for strict compliance. Contractor expressly agrees that both the
Equipment and Installation tendered and the tender itself will conform fully to the terms and
conditions of the Agreement on the original tender. In the event of rejection by City of the whole
of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is
not required to, accept any substitute performance from Vendor or engage in subsequent efforts
to affect a cure of the original tender by Contractor.
12. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and/or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising: out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
13. AGREEMENT DOCUMENTS
a. This Agreement includes the following documents, which are by this
reference incorporated herein and made a part hereof: Equipment Description and /or Scope of
Work attached hereto as Exhibit-A.
b. In the event any term or condition of the Agreement Documents conflicts
with or is contradictory to any term or condition of the Agreement, the terms and conditions of
this Agreement are controlling.
C. In the event of a conflict in terms between this Agreement, the PEPPM
Schedule and/or the Contractor's response to PEPPM, ` this Agreement shall prevail over
PEPPM and the Contractor's response to PEPPM: PEPPM is located at www:oenpm.org.
14. DEFAULT OF. CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event the Contractor is in default for cause under the terms of
this Agreement, the City. shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Agreement immediately
by written notice to the Contractor. if such failure by the Contractor to make progress in the
3
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the Executive Director or his delegate determines the Contractor is in
default in the performance of any of the terms or conditions of this Agreement, it shall service
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory .
performance. In the event the Contractor fails to cure its default within such period of time, the
City shall have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
-' -15. -" "INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives; or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
CG 00 01 11 85 or 88. 1) Insurance Services Office Commercial General Liability form No.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required; but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project /location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self - insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, orbe endorsed to contain, the following; provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
4
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall applyseparately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:Vll or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
16. SURVIVAL OF REPRESENTATIONS AND WARRANTIES
All representations, warranties, covenants and agreements of the parties contained. in
this Agreement shall survive the execution, delivery, installation and performance of this
Agreement.
17. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
per formance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
5
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
18. PROHIBITED INTEREST
No officer, or employee of the City of Temecula shall have any financial interest, direct or
indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors
for this project, during his /her tenure or for one year thereafter. The Contractor hereby. warrants
and represents to the City that no officer or employee of the City of Temecula has any interest,
whether contractual, non - contractual, financial or otherwise, in this transaction, or in the
business of the Contractor or Contractor's sub - contractors on this project. Contractor further
agrees tp.notify the City in the event any such interest-is discovered whether or,notsuch interest
is prohibited by law or this Agreement.
19. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder:
20. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder; without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as maybe otherwise agreed to in'writing
between the City Council and the Contractor.
21. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the
6
Mailing Address: City of Temecula
Attn: City Manager
P.O. Box 9033
Temecula, CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand- Deliveries ONLY Attn: City Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or-hand - deliveries ONLY:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590 -
To Consultant: Conduit Networks
Attn: Guy Reams
28247 Madison Ave Suite 400
Temecula, CA 92590
22. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA Conduit Networks
(Two signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By
Jeff Comerchero, Mayor
ATTEST:
By:
Susan W. Jones, MMC, City Clerk
APPROVED AS TO FORM:
M
By:
Name and Title
Name and Title
Peter M. Thorson, City Attorney CONTRACTOR
Conduit Networks
_Guy Reams
28247 Madison Ave
Temecula, CA 92590
FSM Initials:
Date:
8
EXHIBIT A
DESCRIPTION OF EQUIPMENT AND SCOPE OF WORK
Summary
r.•in,�leovn�<areaM
As Per PEPPM 2010
This proposal provides the Shoretel phone system equipment and licenses for the
Civic Center. This proposal is provided under the PEPPM California State Technology
_Purchasing Program. Qualified Volume - Discounts have been applied:.- . ,. - .:.... .:
Proposed Objectives for Civic Center Shoretel Equipment and
Licenses
904 Floor Telephone Additions for Civic Center
lnvestrnent. $21,247.20
Strategies-
* (3) Kit. tack mounting tray, for shorarear Switch 7U hall width, holds two I U ha8 %yeth
switches -
Manufacturer Pan Number; 10223
Unit Price: $74. f0 List Unit Price: $95.00
Extended Price: $222.30
. Sh"Geer 24A - 7U full width, Max Capacities - 24 Analog extensions. No It, Phone or
bunk suppuR. (requires ShoreTel 6 orlatel)
Manufacturer Pan Number: 10321
Unit Price: $2,33 &70 List Unit Prim. $2,995.00
Extended Price: $2,336.70
. (4) ShomGear 90 - 7U hairwidth, Max Capacities - 901P phones, 4 Analog axis. 8 LS
kunksS 0 Universof ports. Not all maximum capacities can be reached at the same time.
Requires 0110 Tray (SKU 10223) for every two units.
Manufacturer Pert Number: 10260
Unit Price: $2,336.10 List Unit Price: $2,995.00
Extended Price: $9,344.40
10
(2) ShoreGear Tlk - 10 halt width, Max Capacilies -I T1. O lP phonas, 0 Analog eats, 0
LS only trunks, O Universal ports. Digital trunk support only. Requires one Tray (SKU
10223) for every two units. (requires ShoreTei 8 or later) -
Manufacturer Part Number; 10322
Unit Price: $2,726.10 List Unit Price: $3,495,00
Extended Price; $5,452.20
. (2) ShoreGear 50V - tU had width. 50 IP phones, 2 Analog exts. 4 LS tnurkA 50
mailboxes, 22 hours of storage. Not all max capacities can be reached at the same
untie Requires one Tray(SKU 102231forevery two uni{s.(requues ShcraTel8.l.or ._ .•
Manufacturer Part Number: 10324
Unit Price: $1,946.10 List Unit Price: $2,495.00
Extended Price; $3,892.20 -
Conference Rooms and Confer nCe Bridge
fnvestmenf: $13,648.44
Strategies:
. (2) ShorePhone )P 8000 - Conference Phone, Bundle (Includes 1 SIP Device License).
For. use with ST 8 only. - for US insta)lalions only -
Manufacturer Part Number. 10277
Unit Price: $857.22 List UnitPrice: - $1;099.00
Extended Price: $1,714.44
. Converged Gonferencfng. 12 Audio & Web.Conferencing ports, 1M Server (Software
and Hardware) - -
Manufacturer Part Number: 10246
Unit PtiCe: $11.934.00 List Unit Puce: $15,300,00 -
Extended Price: $11,934.00
a (12) License, Ext Only (Conference Bridge) -
Manufacturer Part Number: 30042
Unit Price: $0.00 List Unit Price; W-00
Extended Price: $0.00
11
1
:Shoretel Support
"investment $1,895.70
Strategies:
. (2130) ShoroCara Enterprise Support (f Year, Pof1 Covere9e) -
Manufacturer Part Number: 94112
Unit Price: $0.89 List Und Price: 51.00
Extended Price: - - $1,895.70 - - --
Total Investment for Civic Center Shoretel Equipment and Licenses
Total: $39,844.71
I�M1Wes a1 opP6eade mxre end snipphi9J
PEPPM Ordering Details:
ATTN:
Shoretel Inc. - -
cto Conduit Networks
40335 Winchester Road#112 -
Temecula, CA 92591
Phone: (951) 693 -3000
Fax: (951) 296 -0239
Attn: Guy Reams
12
III I PEPPR
Summary
As Per PEPPM 2010
This proposal provides the Shoretel phone system equipment and licenses for the
Civic Center. This Proposal is provided under the PEPPM California State Technology
Purchasing Program. Qualified volume Discounts have been applied. -
Proposed Objectives for Civic Center Shoretel Installation
• ?PBX IMPIRM801860r, Haff Day
Manufacturer Part Number 92011
Unit Prim $78000 List Unit PrIow. $900.00
Extended Price. $700,00
• IPBX Implementation Full Day
Manufacturer Part Number: 92010
Unit Price! $1.404.00 List Unit Price: $1.80000
Extended Price: $9.828.00
Total Investment for Civic Center Shoretel Installation
Total: $10,606.00
PEPPM Ordering Details:
ATTN'
Shoretel Inc.
000 Conduit Networks
40336 Winchester Road #112
Temecula, CA 92591
Phone: (951) 693-3000
Far. (951) 2116-0239
Aftn, Guy Reams
13
EXHIBIT B
Conduit Networks will conduct this project for the fixed -fee amount $50,452.71. These fees are a
combination of equipment and professional services. The equipment and professional services will be
phased over the period of this contract as depicted in the table below.
Pavment Schedule
Payment
Number
Schedule
Amount
Description
1
Upon execution of the Agreement
$25,226.35
50 %o payment
2
Upon completion of the Project
$12,613.18
25% payment
3
30 Days after completion of the Project
$12,613.18
25% payment
14
PURCHASE AND INSTALLATION AGREEMENT BETWEEN
CITY OF TEMECULA AND CONDUIT NETWORKS
GFI FAXISERVER PROJECT
THIS AGREEMENT is made and effective as of June 22, 2010 between the City of
Temecula , a municipal corporation (hereinafter referred to as "City "), and Conduit Networks,
a Corporation (hereinafter referred to as "Contractor "). In consideration of the mutual covenants
and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on June 22, 2010 and shall remain and continue in
effect until tasks described herein are completed, but in no event later than December 20, 2010
unless sooner terminated pursuant to the provisions of this Agreement.
2. PURCHASE AND SALE OF EQUIPMENT
On and subject to the terms and conditions set forth in this Agreement and the
Agreement Documents, Contractor agrees to purchase and install for the City GFI FAX Server
Telephone equipment as more particularly described in Exhibit A, Description of Equipment,
attached hereto and incorporated herein as though set forth in full (hereafter "Equipment ").
3. PURCHASE / INSTALLATION PRICE
The Purchase Price which City agrees to pay to Contractor for the Equipment is
Fourteen Thousand Four Hundred and Seventy Four Dollars and Ninety Three Cents
($14,474.93). The Purchase Price is final and shall be paid by City to Contractor in accordance
with Exhibit B.
4. SCOPE OF WORK
Contractor shall manufacture and install the equipment as described in the Scope of
Work, attached hereto and incorporated herein as Exhibit A ( "Work "). Contractor shall provide
and furnish all labor, materials, necessary tools, expendable equipment and all utility and
transportation services required for the Work. All of said Work to be performed and materials to
be furnished for the Work shall be in strict accordance with the specifications set forth in the
Scope of Work. The Work shall be completed within the time set forth in the Scope of Work.
Contractor shall not commence the Work until such time as directed by the City.
5. REPRESENTATIONS AND WARRANTIES OF VENDOR
Contractor makes the following representations and warranties to City:
a. Authority and Consents. Contractor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any persons are necessary in connection with Contractor's execution, delivery,
installation and performance of this Agreement, except for such as have been obtained on or
prior to the date hereof. The execution, delivery, installation and performance of this Agreement
by Contractor have been duly authorized by all necessary action on the part of Contractor and
constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor
in accordance with their respective terms.
b. Title and Operating Condition. Contractor has good and marketable title
to all of the Equipment manufactured and installed. All of the Equipment are free and clear of
any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to
all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances,
equities, claims, covenants, conditions and restrictions except for such as may be created or
granted by City. All of the Equipment are in good operating condition, are free of any defects,
and are in conformity with the specifications, descriptions, representations and warranties set
forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment
for use as Telecommunications and that City is relying on Contractor's warranties that the
Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally
used.
C. Full Disclosure. None
Contractor in this Agreement contains or will
omits to state a material fact necessary
circumstances under which they were made,
6. PERFORMANCE
of the representations and warranties made by
contain any untrue statement of a material fact, or
to make the statements made, in light of the
not misleading.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of the City or its authorized representatives,
and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
City shall inspect the Equipment at the time and place of delivery. Such inspection may include
reasonable tests and use of the Equipment by City. If, in the determination of City, the
Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so
notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice,
the Equipment shall be deemed accepted by City as of the date of receipt.
8. TIME OF DELIVERY
The date and time of delivery of the Equipment shall be on or before September 10,
2010 at 9:00 am.
9. PLACE OF DELIVERY
The Equipment shall be delivered to this location: City of Temecula 41000 Main St.,
Temecula, CA 92590.
10. REJECTION
In the event of such notice of non - conformity by City pursuant to the section entitled "City
Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2)
accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of
the Equipment and reject the remainder or the Installation. The exercise of any of the above
options shall be "without prejudice" and with full reservation of any rights and remedies of City
attendant upon a breach. In the event of such notice and election by City, City agrees to comply
with all reasonable instructions of Contractor and, in the event that expenses are incurred by
City in following such instructions, Contractor shall indemnify City in full for such expenses.
11. NO REPLACEMENT OF CURE
This Agreement calls for strict compliance. Contractor expressly agrees that both the
Equipment and Installation tendered and the tender itself will conform fully to the terms and
conditions of the Agreement on the original tender. In the event of rejection by City of the whole
of the Equipment or any part thereof pursuant to the Section entitled "Rejection" City may, but is
not required to, accept any substitute performance from Vendor or engage in subsequent efforts
to affect a cure of the original tender by Contractor.
12. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
13. AGREEMENT DOCUMENTS
a. This Agreement includes the following documents, which are by this
reference incorporated herein and made a part hereof: Equipment Description and /or Scope of
Work attached hereto as Exhibit A.
b. In the event any term or condition of the Agreement Documents conflicts
with or is contradictory to any term or condition of the Agreement, the terms and conditions of
this Agreement are controlling.
C. In the event of a conflict in terms between this Agreement, the Request
for Proposal (RFP) and /or the Contractor's response to the RFP, this Agreement shall prevail
over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the
Contractor's response to the RFP.
14. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event the Contractor is in default for cause under the terms of
this Agreement, the City shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Agreement immediately
by written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the City Manager or his delegate determines the Contractor is in default
in the performance of any of the terms or conditions of this Agreement, it shall service the
Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event the Contractor fails to cure its default within such period of time, the
City shall have the right, notwithstanding any other provision of this Agreement, to terminate this
Agreement without further notice and without prejudice to any other remedy to which it may be
entitled at law, in equity or under this Agreement.
15. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project /location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
M
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
16. SURVIVAL OF REPRESENTATIONS AND WARRANATIES
All representations, warranties, covenants and agreements of the parties contained in
this Agreement shall survive the execution, delivery, installation and performance of this
Agreement.
17. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
18. PROHIBITED INTEREST
No officer, or employee of the City of Temecula shall have any financial interest, direct or
indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors
for this project, during his /her tenure or for one year thereafter. The Contractor hereby warrants
and represents to the City that no officer or employee of the City of Temecula has any interest,
whether contractual, non - contractual, financial or otherwise, in this transaction, or in the
business of the Contractor or Contractor's sub - contractors on this project. Contractor further
agrees to notify the City in the event any such interest is discovered whether or not such interest
is prohibited by law or this Agreement.
19. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
20. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
21. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the
Mailing Address: City of Temecula
Attn: City Manager
P.O. Box 9033
Temecula, CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Attn: City Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula. CA 92590
To Consultant: Conduit Networks
Guy Reams
28247 Madison Ave
Suite 400
Temecula, CA 92590
22. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
23. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF TEMECULA Conduit Networks
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By: By:
Jeff Comerchero, Mayor Name and Title
ATTEST:
By: By:
Susan W. Jones, MMC, City Clerk Name and Title
APPROVED AS TO FORM:
IS%
Peter M. Thorson, City Attorney CONTRACTOR
Conduit Networks
Reams
28247 Madison Ave Suite 400
Temecula, CA 92590
FSM Initials:
Date:
�f
DESCRIPTION OF EQUIPMENT AND SCOPE OF WORK
Summary
O CONDUIT
This proposal provider GFI software and TIIPRI interface card to support 8 channel
and 150 timrs.
This proposal provides a standalone fax solution that will integrate with Microsoft
Exchange.
Proposed Objectives for Civic Center - GFI Faxmaker solution
. GFI FAXMAKER WITH 1 YEAR SOFTWARE MAINTENANCE
. GFI ADDITIONAL 4 LINES INCLUDING 1 YEAR SOFTWARE SUPPORT
4LUPG -lY
. 8 CHANNEL FRACTIONAL TI1PRI BROOKTROUT TR1034
901 - 006 -16
. IYR STANDARD UNIT PLAN FOR 901- 006 -16
971- 006 -16
Total Investment for Civic Center - GFI Faxmaker solution
Total: $14.474.93
(includes all applicable taxes and shipping)
05/17/10 jtnason
10
Page 2 of 2
EXHIBIT B
Conduit Networks will conduct this project for the fixed -fee amount $14,474.93. These fees are a
combination of equipment and professional services. The equipment and professional services will be
phased over the period of this contract as depicted in the table below.
Payment Schedule
Payment
Number
Schedule
Amount
Description
I
Upon execution of the Agreement
$7,237.46
50% payment
2
Upon completion of the Project
$3,618.73
25% payment
3
30 Days after completion of the Project
$3,618.73
25% payment
11
PROJECT LOCATION
Project Title: CIVIC CENTER
5�
JF`
�O
®R
PROJECT DESCRIPTION
Project 'Title:
Project 'Type:
Description:
Department:
Scope of Project:
Benefit:
CIVIC CENTER
Infrastructure
:1111191:j �Jk
Project will construct an approximately 93,000 square -foot, three -story City administration building and Council Chambers, along
with a 3,500 square -foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street
in Old Town.
Planning /Public Works — 210.165.751
Project will include design and construction of a three -story City Administration Building, Council Chambers, and Community
Room on City owned parcels located east of Mercedes Street and Main Street.
Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through
build -out.
Project Cost:
$
Actuals
$ 16,460,449
COPS
$
473,215
to Date
DIF (Corporate Facilities)
2009 -10 2010 -11
Administration
$
125,854
$
598,367
Acquisition
$
25,800
$
56,200
Construction
$
476,271
$
34,450,621
Construction Engineering
$
352,000
Design
$
3,985,211
$
1,235,789
Fixtures /Furn/Equip
$
147,080
$
3,392,720
Utilities
$
307,564
$
2,436
Totals $ 5,067,780 $ 40,088,133 $
Source of Funds:
Capital Project Reserves
$
4,594,565
$ 16,460,449
COPS
$
473,215
$ 22,787,684
DIF (Corporate Facilities)
45,155,913
$ 800,000
DIF (Public Art)
$ 40,000
Total Funding:
$
5,067,780
$ 40,088,133 $ $
Future O & 110 Cost:
$
900,000
Annually
91
Total Project
2011 -12 2012 -13 2013 -14 Cost
$ 724,221
$ 82,000
$ 34,926,892
$ 352,000
$ 5,221,000
$ 3,539,800
$ 310,000
$ $ $ 45,155,913
$
21,055,014
$
23,260,899
$
800,000
$
40,000
$
45,155,913
TEMECULA COMMUNITY
SERVICES DISTRICT
Item No. 20
ACTION MINUTES
of
JUNE 8, 2010
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
The Temecula Community Services District Meeting convened at 7:10 PM.
CALL TO ORDER: President Chuck Washington
ROLL CALL: DIRECTORS: Comerchero, Edwards, Naggar, Roberts, Washington
ABSENT: Roberts
CSD PUBLIC COMMENTS
There were no public comments.
CSD CONSENT CALENDAR
17 Action Minutes - Approved Staff Recommendation (4 -0 -1) — Director Edwards
made the motion; it was seconded by Director Comerchero and electronic vote
reflected approval with the exception of Director Roberts who was absent.
RECOMMENDATION:
17.1 Approve the action minutes of May 25, 2010.
CSD PUBLIC HEARING
18 Review and Adoption of the Fiscal Year 2010 -2011 Annual Operating Budget -
Approved Staff Recommendation (4 -0 -1) — Director Naggar made the motion; it
was seconded by Director Comerchero and electronic vote reflected approval
with the exception of Director Roberts who was absent.
RECOMMENDATION:
18.1 That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. CSD 10 -03
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA
ADOPTING THE FY 2010 -11 ANNUAL OPERATING BUDGET AND
ESTABLISHING CONTROLS ON CHANGES IN APPROPRIATIONS
19 Temecula Community Services District Proposed Rates and Charges for Fiscal Year
2010 -2011 - Approved Staff Recommendation (4 -0 -1) — Director Comerchero made
the motion; it was seconded by Director Edwards and electronic vote reflected
approval with the exception of Director Roberts who was absent.
RECOMMENDATION:
19.1 That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. CSD 10 -04
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA
ADOPTING RATES AND CHARGES FOR SERVICE LEVEL B —
RESIDENTIAL STREET LIGHTING, SERVICE LEVEL C — PERIMETER
LANDSCAPING, SERVICE LEVEL D — RECYCLING AND REFUSE
COLLECTION AND SERVICE LEVEL R— EMERGENCY UNPAVED ROAD
MAINTENANCE SERVICES FOR FISCAL YEAR 2010 -2011
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:24 P.M., the Temecula Community Services District meeting was formally adjourned to
Tuesday, June 22, 2010, at 5:30 PM., for a Closed Session, with regular session commencing
at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
Chuck Washington, President
ATTEST:
Susan W. Jones, MMC
City Clerk /District Secretary
[SEAL]
Item No. 21
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman Parker, Director of Community Seervices
DATE: June 22, 2010
SUBJECT: Community Services Technical Support
PREPARED BY: Julie Pelletier, Recreation Superintendent
RECOMMENDATION: That the Board of Directors approve the Agreement between the
Temecula Community Services District and Timmy D' Productions in the amount of $55,000 to
provide technical support at Citywide special events and programs as needed.
BACKGROUND: Timmy D' Productions has successfully provided outstanding technical
support and sound services for numerous City sponsored programs and major special events for
many years. Timmy D' Productions has a proven record in providing superior services and quality
support for the increased number of programs and major special events offered throughout the City.
The following is a listing of programs and special events that will be provided through this
Agreement. The services may include but are not limited to staging, sound equipment, movie
equipment, producer services and entertainment as needed.
4th of July Extravaganza Annual Christmas Tree Lighting Ceremony
Summer Concert Series Dedications
Teen Dances and Socials Movies in the Park
Pool Parties Aglow in the Park
Skate Park Competitions Annual Easter Egg Hunts
FISCAL IMPACT: Funds necessary to provide technical support at Citywide special
events and programs are available in the FY 2010 -2011 budget.
ATTACHMENTS: Agreement
NON - EXCLUSIVE THIRD -PARTY ENTERTAINMENT AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND TIMMY D' PRODUCTIONS
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Timmy D' Productions, Inc., a Corporation (hereinafter referred to as
"Entertainer /Agent "). In consideration of the mutual covenants and conditions set forth herein,
the parties agree as follows:
TERM
This Agreement shall commence on July 1, 2010 and shall remain and continue in effect
until tasks described herein are completed, but in no event later than July 31, 2011, unless
sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Entertainer /Agent shall perform the services and tasks described and set forth in Exhibit
A, attached hereto and incorporated herein as though set forth in full. Entertainer /Agent shall
complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
a. Entertainer /Agent and any performers contracted and /or represented by the
Entertainer /Agent or any third party shall at all times faithfully, competently and to the best of his
or her ability, experience, and talent, perform all tasks described herein. Entertainer /Agent and
any employees or and /or contracted /represented performers of Entertainer /Agent or any third
party and his firm shall employ, at a minimum, generally accepted standards and practices
utilized by persons engaged in providing similar services as are required of Entertainer /Agent
and /or any third party or contracted entertainment hereunder in meeting its obligations under
this Agreement.
b. Special Effects. No. pyrotechnics or special effects of any kind shall be
allowed as any part of a performance for the City by the Entertainer /Agent, its employees, or
any entertainer /performer hired or represented by the Entertainer /Agent or any third party
without the prior written consent of the City Manager or authorized designee.
4. LOCATION AND REALIABILITY OF PERFORMANCE
The date, time, and location of Entertainer /Agents performance or that of any employees
or contracted performers of the Entertainer /Agent shall be determined at the time of City's
request for "Event Price Quote /Agreement ". All entertainment shall be provided within City
limits. Time and reliability are of the essence in this Agreement.
5. PAYMENT
a. The City agrees to pay Entertainer /Agent monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed fifty
five thousand dollars and no cents for the total term of this agreement unless additional
payment is approved as provided in this Agreement. This Agreement does not guarantee the
Entertainer /Agent this amount in contracted performances.
b. Entertainer /Agent shall not be compensated for any services rendered in
connection with its performance of this Agreement, which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Entertainer /Agent shall be compensated for any additional services in the amounts
and in the manner as agreed to by the General Manager and Entertainer /Agent at the time
City's written authorization is given to Entertainer /Agent for the performance of said services.
C. Entertainer /Agent acknowledges and agrees that it shall be responsible for
paying any employee's of its firm and /or any entertainers /performers contracted by the
Entertainer /Agent (Timmy D' Productions) to perform on behalf of Entertainer /Agent or any third
party for any City event. This Agreement is between the City and Timmy D' Productions only.
The City shall not be held liable for any monies due or any disputes for contractual agreements
between the Entertainer /Agent and other independent performers /entertainers hired by the
Entertainer /Agent. Entertainer /Agent shall provide City a written release in a form reasonably
acceptable to the City, signed by all entertainers /performers hired /represented by the
Entertainer /Agent or any third party, releasing the City and waiver from any liability for payment
prior to each event.
d. Entertainer /Agent will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of
Entertainer /Agent's fees, it shall give written notice to Entertainer /Agent within thirty (30) days
of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements
authorized by this Agreement, Entertainer /Agent shall provide receipts on all reimbursable
expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.
6. NON - EXCLUSIVE AGREEMENT
Entertainer /Agent understands this is a non - exclusive Agreement between the City and
Entertainer /Agent and no guarantee of work or cost as outlined as above- mentioned is given or
implied.
7. EQUIPMENT /MATERIALS
Entertainer /Agent(s) shall provide their own sound equipment and any other special
equipment and materials that are required for the performance, unless other arrangements are
made in writing and approved with the City prior to the performance. Sound equipment shall be
adequate for the size of the anticipated audience and location of the performance. The City
reserves the right to inspect all equipment and /or materials being used for any performance.
8. USE OF COPYRIGHTED MATERIAL
The Entertainer /Agent shall be fully responsible for paying any legally required royalties
of fees for the use by the Entertainer /Agent of copyrighted material and shall comply at all times
with all applicable copyright laws.
The Entertainer /Agent shall not assign the performance of this Agreement, nor any part
thereof, nor any monies due hereunder, without prior written consent of the City. Upon
termination of this Agreement, Entertainer /Agents sole compensation shall be payment for
actual services performed up to, and including, the date of termination or as may be otherwise
agreed to in writing between the City and Entertainer /Agent.
10.
a. A performance may be cancelled, terminated, or suspended at any time,
with or without cause, at the sole discretion of the General Manager or his delegate without
default or breach of this Agreement by the City. The City may also at any time, for any reason,
with or without cause suspend or terminate this Agreement, or any portion hereof, by serving
upon the Entertainer /Agent at least ten (10) days prior written notice. Upon receipt of said
notice, the Entertainer /Agent shall immediately cease all work under this Agreement, unless the
notice provides otherwise. If the City suspends or terminates this Agreement, or a portion of
this Agreement, such suspension or termination shall not make void or invalidate the remainder
of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Entertainer /Agent the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the City. Upon termination of the
Agreement pursuant to this Section, the Entertainer /Agent will submit an invoice to the City,
pursuant to Section entitled "PAYMENT" herein.
11. DEFAULT OF ENTERTAINERIAGENT
a. The Entertainer /Agent's failure to comply with the provisions of this
Agreement shall constitute a default. In the event that Entertainer /Agent is in default for cause
under the terms of this Agreement, City shall have no obligation or duty to continue
compensating Entertainer /Agent for any work performed after the date of default and can
terminate this Agreement immediately by written notice to the Entertainer /Agent. If such failure
by the Entertainer /Agent to make progress in the performance of work hereunder arises out of
causes beyond the Entertainer /Agent's control, and without fault or negligence of the
Entertainer /Agent, it shall not be considered a default.
b. If the General Manager or his delegate determines that the
Entertainer /Agent is in default in the performance of any of the terms or conditions of this
Agreement, it shall serve the Entertainer /Agent with written notice of the default. The
Entertainer /Agent shall have ten (10) days after service upon it of said notice in which to cure
the default by rendering a satisfactory performance. In the event that the Entertainer /Agent fails
to cure its default within such period of time, the City shall have the right, notwithstanding any
other provision of this Agreement, to terminate this Agreement without further notice and without
prejudice to any other remedy to which it may be entitled at law, in equity or under this
Agreement.
12. INDEMNIFICATION
The Entertainer /Agent agrees to defend, indemnify, protect and hold harmless the City,
District, and /or Agency, its officers, officials, employees and volunteers from and against any
and all claims, demands, losses, defense costs or expenses, including attorney fees and expert
witness fees, or liability of any kind or nature which the City, District and /or Agency, its officers,
agents, employees or volunteers may sustain or incur or which may be imposed upon them for
injury to or death of persons, or damage to property arising out of Entertainer /Agent's negligent
or wrongful acts or omissions arising out of or in any way related to the performance or non-
performance of this Agreement, excepting only liability arising out of the negligence of the City.
13. INSURANCE REQUIREMENTS
Entertainer /Agent shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Entertainer /Agent, its agents,
representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
CG 00 01 1185 or 88. 1) Insurance Services Office Commercial General Liability form No.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Entertainer /Agent owns no
automobiles, a non -owned auto endorsement to the General Liability policy described above is
acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Entertainer /Agent has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Entertainer /Agent shall execute a declaration that if has no employees.
b. Minimum Limits of Insurance. Entertainer /Agent shall maintain limits no
less than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self - insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Is
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self - insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Entertainer /Agent's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Entertainer /Agent shall within two (2) business days of notice from insurer phone, fax,
and /or notify the City via certified mail, return receipt requested of the changes to or cancellation
of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Entertainer /Agent shall furnish the City with
original endorsements effecting coverage required by this clause. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements
are to be on forms provided by the City. All endorsements are to be received and approved by
the City before work commences. As an alternative to the City's forms, the Entertainer /Agent's
insurer may provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
14. INDEPENDENT CONTRACTOR
a. Entertainer /Agent is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Entertainer /Agent shall at all times be under Entertainer /Agent's exclusive direction and
control. Neither City nor any of its officers, employees, agents, or volunteers shall have control
over the conduct of Entertainer /Agent or any of Entertainer /Agent's officers, employees, or
agents except as set forth in this Agreement. Entertainer /Agent shall not at any time or in any
manner represent that it or any of its officers, employees or agents are in any manner officers,
employees or agents of the City. Entertainer /Agent shall not incur or have the power to incur
any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Entertainer /Agent in
connection with the performance of this Agreement. Except for the fees paid to
Entertainer /Agent as provided in the Agreement, City shall not pay salaries, wages, or other
compensation to Entertainer /Agent for performing services hereunder for City. City shall not be
liable for compensation or indemnification to Entertainer /Agent for injury or sickness arising out
of performing services hereunder.
15. LEGAL RESPONSIBILITIES
The Entertainer /Agent shall keep itself informed of all local, State and Federal
ordinances, laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. The Entertainer /Agent shall at
all times observe and comply with all such ordinances, laws and regulations. The City, and its
officers and employees, shall not be liable at law or in equity occasioned by failure of the
Entertainer /Agent to comply with this section.
16. RELEASE OF INFORMATION
a. All information gained by Entertainer /Agent in performance of this
Agreement shall be considered confidential and shall not be released by Entertainer /Agent
without City's prior written authorization. Entertainer /Agent, its officers, employees, agents or
subcontractors, shall not without written authorization from the General Manager or unless
requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement or relating to any project or property located within the City. Response to
a subpoena or court order shall not be considered "voluntary" provided Entertainer /Agent gives
City notice of such court order or subpoena.
b. Entertainer /Agent shall promptly notify City should Entertainer /Agent, its
officers, employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for admissions
or other discovery request, court order or subpoena from any party regarding this Agreement
and the work performed there under or with respect to any project or property located within the
City. City retains the right, but has no obligation, to represent Entertainer /Agent and /or be
present at any deposition, hearing or similar proceeding. Entertainer /Agent agrees to cooperate
fully with City and to provide City with the opportunity to review any response to discovery
requests provided by Entertainer /Agent. However, City's right to review any such response
does not imply or mean the right by City to control, direct, or rewrite said response.
17. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must
be in writing and may be given either by (i) personal service, (ii) delivery by a reputable
document delivery service, such as but not limited to, Federal Express, that provides a receipt
showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail,
postage prepaid, return receipt requested, addressed to the address of the party as set forth
below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address: City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Attn: General Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to a new City Hall on or about September of 2010.
694 -6444 to determine if the City has relocated. After the City has relocated,
following address for a delivery service or hand - deliveries ONLY:
To Consultant:
18. LICENSES
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
Timmy D' Productions
42075 Remington Avenue
Temecula, California 92590
Please call 951 -
please use the
At all times during the term of this Agreement, Entertainer /Agent shall have in full force
and effect, all licenses required of it by law for the performance of the services described in this
Agreement.
19. GOVERNING LAW
The City and Entertainer /Agent understand and agree that the laws of the State of
California shall govern the rights, obligations, duties and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
Agreement shall take place in the municipal, superior, or federal district court with geographic
jurisdiction over the City of Temecula. In the event such litigation is filed by one party against
the other to enforce its rights under this Agreement, the prevailing party, as determined by the
Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the
relief granted.
20. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Entertainer /Agent, or Entertainer /Agent's sub - contractors
for this project, during his /her tenure or for one year thereafter. The Entertainer /Agent hereby
warrants and represents to the City that no officer or employee of the City of Temecula that has
participated in the development of this agreement or its approval has any interest, whether
contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or
in the business of the Entertainer /Agent or Entertainer /Agent's sub - contractors on this project.
Entertainer /Agent further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
21. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
22. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Entertainer /Agent
warrants and represents that he or she has the authority to execute this Agreement on behalf of
the Entertainer /Agent and has the authority to bind Entertainer /Agent to the performance of its
obligations hereunder.
i
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk/Board Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson, Agency
Counsel
TIMMY D' PRODUCTIONS
(Two Signatures of corporate officers required un less corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Timmy D' Productions Representative
Timmy D' Productions Representative
ENTERTAINER/AGENT
Timmy D' Productions
Timmy Daniels
42075 Remington Ave.,
Suite 108 Temecula, CA 92590
(951) 693 -1680
(951) 506 -9081
E
FSM Initials:
Date: O
EXHIBIT A
TASKS TO BE PERFORMED
Entertainer /Agent and /or his sub - contractors shall provide performances, on an as needed
basis, upon request of the City of Temecula. Entertainer /Agent recognizes and agrees that this
Agreement is for the purpose of establishing a contractual relationship between the City and the
Entertainer /Agent for future performances at City events and recreational activities. The
procedure for assigning work is set forth as follows:
The City Manager and /or the Director of Community Services or their designee's shall
submit to the Entertainer /Agent a written or verbal request for performance. The type of
performance, location, date, and time shall be described or conveyed to the
Entertainer /Agent.
2. Within five (5) business days of the date of the written or verbal request for performance,
the Entertainer /Agent shall respond in writing with an event price quote /Agreement.
3. Special Effects — No pyrotechnics or special effects of any kind shall be allowed as any
part of a performance for the City by the Entertainer /Agent, its employees, or any
entertainer /performer hired or represented by the Entertainer /Agent or any third party
without the prior written consent of the General Manager or authorized designee.
4. Upon acceptance of the Entertainer /Agents response by the City Manager and /or the
Director of Community Services or their designee's, the Entertainer /Agent shall proceed
to "book" the event. The Entertainer /Agents performance or the performance of any sub-
contractors of any event shall be pursuant to the terms of this Agreement.
10
EXHIBIT B
PAYMENT RATES AND SCHEDULE
Exhibit B shall be the Event quote /Agreement as provided by the Entertainer /Agent for each
individual performance as requested by the City. In any event, the cost of such services, while
not guaranteed as per Section 5 of this Agreement, shall not exceed a total of $55,000.00 for
the total term of this Agreement. Entertainer /Agent shall be responsible for payment due to any
employee of the Entertainer /Agent or any entertainer /performer hired and represented by the
Entertainer /Agent or any third party outlined in Section 5b paragraph 2 of this Agreement.
11
Item No. 22
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: June 22, 2010
SUBJECT: Food and Beverage Sales Agreement Between the Temecula Community
Services District and Stadium Pizza Redhawk, LLC for the Patricia H. Birdsall
Sports Park
PREPARED BY: Gail Zigler, Administrative Assistant
RECOMMENDATION: That the Board of Directors approve the Food and Beverage Sales
Agreement between the Temecula Community Services District (TCSD) and Stadium Pizza
Redhawk, LLC, for the Patricia H. Birdsall Sports Complex.
BACKGROUND: Since the opening of the Patricia H. Birdsall Sports Park, the TCSD
has been in agreement with C & E Concessionary Enterprises, Inc. to provide concession services
at the Patricia H. Birdsall Sports Park. C & E Concessionary Enterprises, Inc. has opted to
relinquish their agreement with the TCSD prior to the end of the agreement term.
As a result, the TCSD released a Request for Qualifications (RFQ) from vendors who would be
interested in operating the concession stand at the Sports Park. The RFQ was posted on Planet
Bids. Two firms submitted proposals and based on the submittals and interviews, itwas determined
that Stadium Pizza Redhawk, LLC was the most qualified firm and staff is recommending that the
TCSD enter into an agreement with Stadium Pizza Redhawk, LLC to provide concession services at
the Patricia H. Birdsall Sports Park.
This is an exclusive agreement to provide food and beverages from the concession area at Patricia
H. Birdsall Sports Park. The TCSD reserves the right to contract with other food vendors in areas
outside the concession area for special events. The agreement will be in effect until June 30, 2012
with the option of two one year extensions. Hours of operation will be Monday through Friday from
3:30 pm to 9:00 pm and Saturdays from 8:00 am to 7:00 pm. Additional hours may be provided with
written approval. The TCSD will receive ten percent (10 %) of the gross revenues generated from
sales.
FISCAL IMPACT: Revenues generated will be 10% of the gross sales. Staff estimates
the revenues to be approximately $15,000 annually.
ATTACHMENTS: Agreement
FOOD AND BEVERAGE SALES AGREEMENT BETWEEN
CITY OF TEMECULA AND STADIUM PIZZA REDHAWK,
LLC FOR THE PATRICIA H. BIRDSALL SPORTS PARK
THIS AGREEMENT is made and effective as of June 22, 2010, between the
Temecula Community Services District, a municipal corporation ( "City ") and Stadium Pizza
Redhawk, LLC, a California Limited Liability corporation ( "Concessionaire "). In consideration
of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. RECITALS. This Agreement is made with respect to the following facts
and for the following purposes, which each of the parties acknowledge to be true and correct:
a. The City has constructed and will operate the Patricia H. Birdsall
Sports Park. The Sports Park includes sports fields, picnic facilities and a food concession area.
b. The Sports Park current contracted concessionaire has relinquished
their contract with the City as of July 1, 2010.
C. City circulated a request for proposal for the food concession at the
Sports Park and following receipt and evaluation of the responses, selected Concessionaire to
provide high quality food and beverage services for the Sports Park Food Concession Area.
d. City desires to have a Concessionaire, and Concessionaire desires,
to provide for the sale of high quality food and beverages at the Sports Park from the Food
Concession Area.
2. Dermitions. As used in this Agreement the following words and phrases
shall be defined as follows:
a. "City Supplied Equipment' shall mean the equipment provided by
the City for the operation of the food and beverage sales operation as described in Exhibit B, City
Supplied Equipment.
b. "Concessionaire Supplied Equipment' shall mean such equipment
as is necessary for the providing of food and beverage sales as required by this Agreement,
except for the City Supplied Equipment.
C. "Director" shall mean the Director of Community Services of the
City of Temecula or his or her designee.
d. "Director of Finance" shall mean the Director of Finance of the
City of Temecula or his or her designee.
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e. "Food Concession Area" shall mean that portion of the Sports Park
designated as the food concession area which is described and depicted on Exhibit A, Food
Concession Area.
f "Gross Revenue" shall mean all the money or other things of value
received by or owed to Concessionaire for the food and beverages sold pursuant to this
Agreement prior to payment of expenses.
g "Sports Park" shall mean the Patricia H. Birdsall Sports Park
located at 32380 Deer Hollow Way, Temecula, California.
h. "TCSD" shall mean the Temecula Community Services District.
3. EXCLUSIVE AGREEMENT FOR FOOD AND BEVERAGE SALES
AT FOOD CONCESSION AREA. Concessionaire shall have an exclusive agreement to
provide for the sale of high quality food and beverages from the Food Concession Area to
patrons of the Sports Park and members of the public in accordance with the terms of this
Agreement. The City reserves the right to contract with other food vendors in areas of the Sports
Park outside of the Food Concession Area for special events. The City shall provide notice of
each Special Event to the Concessionaire two (2) weeks prior to each Special Event.
4. MAINTENANCE OF EQUIPMENT AND PHYSICAL PLANT OF
FOOD CONCESSION AREA
a. The City shall provide equipment for the operation of the food and
beverage sales operation as described in Exhibit B, City Supplied Equipment ( "City
Equipment "). City shall maintain the City Supplied Equipment in good working order and
replace such items of the City Supplied Equipment when the equipment cannot be repaired;
provided, however, Concessionaire shall be responsible for the repair or replacement of City
Supplied Equipment damaged or destroyed by the negligent or willful acts of Concessionaire or
its employees or agents, excepting normal wear and tear. Concessionaire shall clean the City
Supplied Equipment in accordance with applicable law and standard commercial food handling
practices.
b. Concessionaire shall provide such equipment as is necessary for
the providing of food and beverage sales as required by this Agreement, except for the City
Supplied Equipment ( "Concessionaire Supplied Equipment "). At the termination or expiration
of this Agreement, the City shall have the option, but not the obligation, to purchase the
Concessionaire Supplied Equipment at its then fair market value.
C. City shall arrange for and be responsible for the timely payment of
electricity, water, gas, security system and exterior pest control for the Food Concession Area.
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d. Concessionaire shall arrange for and be responsible for all other
services within the Food Concession Area necessary and convenient for the sales of food and
beverages as required by this Agreement, including, but not limited to, telephone and
telecommunications facilities and lines, interior pest control and interior custodial services.
Director and Concessionaire may agree in writing upon shared responsibilities and costs for the
exterior custodial services.
e. All signage for the Concessionaire's food and beverage operation
at the Food Concession Area, including sign content, shall be approved in writing by the Director
prior to placement. The name of the facility shall be "The Stadium Snack Shack."
5. FOOD AND BEVERAGE SALES OPERATIONAL
REQUIREMENTS. In performing the services required by this Agreement, Concessionaire
shall comply with the following operational requirements:
a. Concessionaire shall provide food and beverages at the Food
Concession Area during the following hours: (1) Monday through Friday from 3:30 p. m. to 9:OC
p.m.; and (2) Saturdays from 8:00 a.m. to 7:00 p.m. Additional hours shall be provided upon the
prior written approval of the Concessionaire and the Director. Concessionaire shall not sell beer,
wine or other alcoholic beverages as part of its beverage service.
b. Prior to commencement of the sales from the Food Concession
Area and not less than calendar quarter thereafter the Director shall review and, after consulting
with Concessionaire, approve the menus and quality of offerings for the Sports Park operations.
Concessionaire shall not sell any items from the Food Concession Area without the prior written
consent of the Director.
C. Director shall approve in writing the food and beverage price lists,
which approvals shall not be unreasonably withheld. Concessionaire's prices for food and
beverages shall not exceed the prices on this approved list.
d. Concessionaire shall at all times faithfully, competently and to the
best of its ability, experience and talent, perform all services described herein. Concessionaire
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar high quality food and beverage services as are required of
Concessionaire in meeting its obligations under this Agreement.
e. As of the date of this Agreement, the Riverside County Health
Department is requiring the City to obtain all applicable health permits and licenses as the owner
of the facility in which the food and beverages services described in this Agreement will be
conducted. City shall obtain such permits and license. Concessionaire shall cooperate with the
City in providing information which might be required to obtain such permits and licenses.
Concessionaire shall operate and manage the food and beverage services described in this
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Agreement in full compliance with the terms of such permits and licenses and with any changes
or modifications to said permits and licenses. To the extent the laws, regulations or opinions of
the Riverside Health Department may change, Concessionaire shall obtain such permits and
licenses as required by applicable laws and regulations.
f Concessionaire shall at its own cost and expense procure and keep
in force during the term of this Agreement all necessary permits and licenses and shall require
any subcontractors to have all necessary permits and licenses during the course of the term of the
Agreement, including, without limitation: (1) City of Temecula business license; (2) County of
Riverside Health Department food handler permits; and (3) California State Board of
Equalization sellers permit.
g. Concessionaire shall be responsible for the payment of all
applicable taxes for products or services under its control, including without limitation, any
possessory interest tax which might be imposed, and for the maintenance of appropriate records
showing payment of taxes. Concessionaire shall pay and discharge before delinquency all taxes
and assessments, if any, which may be levied during the term of the Agreement as a result of
Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against
City's property during the term of this Agreement.
h. Employees of Concessionaire shall at all times be neatly and
cleanly uniformed at no expense to City. The style and colors of uniforms for employees shall be
approved by the Director.
i. Concessionaire shall train and closely supervise all employees so
that they are aware of and continually practice high standards of cleanliness, courtesy and
service. Concessionaire's employees shall follow all applicable sanitary practices, rules and
requirements governing restaurant employees. Concessionaire's employees shall at all times
reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated
by the City. The City shall provide written notice regarding any unkempt and unclean employees
to the Concessionaire.
j. Concessionaire's employees shall not, either by act or language,
offend or disturb patrons of normal sensitivity during the course of providing services at the
Sports Park. Concessionaire's employees shall not interfere with a program or special event
presented at the Sports Park. The Director shall be the sole judge in the determination of such
matters.
k. To the extent required by law, Concessionaire's employees shall be
fingerprinted and undergo the State required background check for working in a public park.
1. Concessionaire shall provide an adequate number of personnel to
properly service and attend to the patrons.
M. Concessionaire shall respond promptly to all complaints from
patrons and shall report to City on each complaint and the resolution thereof. If City believes a
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complaint to be of a serious nature, City shall notify Concessionaire in writing. Concessionaire
shall respond to such notification within four (4) calendar days.
n. Not less than once each calendar month during the first year of the
term of this Agreement, the Director and Concessionaire shall meet to discuss the operation of
the food and beverage services and the financial viability of the operation.
o. All promotions with other food vendors or any subcontracts shall
be approved in advance and in writing by the Director.
P. Concessionaire shall allow City Staff access to the Food
Concession area as necessary or convenient to the City to insure compliance with the terms of
this Agreement.
6. TERM.
a. This Agreement shall commence on July 1, 2010 and shall remain
and continue in effect until June 30, 2012, unless sooner terminated or extended pursuant to the
provisions of this Agreement. City shall have the right to extend this Agreement for two one (1)
year periods with the first beginning on July 1, 2012 and the second beginning on July 1, 2013.
City shall exercise its option to extend the Agreement on or before April 1 of the year of
expiration.
b. Concessionaire shall not be required to provide food and beverage
services pursuant to this Agreement until such time as the Director issues a notice to commence
sales upon the opening of the Sports Park.
PAYMENT TO THE CITY.
a. Concessionaire shall sell its food and beverages to patrons of the
Sports Park and members of the public from the Food Concession Area City shall not be
required to pay or otherwise compensate Concessionaire for providing food and beverage
services at the Sports Park.
b. For the privilege of operating the Food Concession Area pursuant
to the terms of this Agreement, Concessionaire shall pay to the City ten percent (10 %) of the
Gross Revenues of the Concessionaire from its sales pursuant to this Agreement. Said sum shall
be paid to the City within ten (10) calendar days following the end of each calendar quarterly.
C. As used in this Agreement, "Gross Revenue" shall mean all the
money or other things of value received by or owed to Concessionaire for the food and beverages
sold pursuant to this Agreement prior to payment of expenses; provided, however, sales taxes
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pursuant to Section 7200 et seq. of the Revenue and Taxation Code shall not be included in
Gross Revenues.
d. Concessionaire shall maintain a system of books and records in
accordance with generally accepted accounting principles showing all Concessionaire's revenues
received in connection with the sales of food and beverages pursuant to this Agreement. The
Director of Finance shall review and approve the system of books and records and shall be
authorized to require the preparation and maintenance of additional accounting records and
reports. Said records shall be kept for not less than three (3) years after the expiration of the term
of this Agreement and any extensions thereof. City and its authorized agents may inspect or audit
such books and records at any time during regular business hours upon one (1) business day's
notice. If a City audit uncovers an underreporting of Gross Revenues in the amount of five
percent (5 %) or more during a one year period, Concessionaire shall pay the City's costs in
performing the audit.
e. Prior to the commencement of the term of this Agreement,
Concessionaire shall deposit in a local bank, or savings and loan company having F.D.LC., or
F.S.LLC., in favor of the City of Temecula, the amount of One Thousand Dollars ($1,000.00). If
Concessionaire defaults in payments to the City or any of the terms, provisions, covenants and
conditions of this Agreement, City may use, apply, or retain the whole or any part of this security
for any payment due to the City of any expenses or payment in default or for any other sum
which the City may spend or be required to spend by reason of Concessionaire's default. The
security deposit or any balance remaining of the security deposit, less any deductions per this
subsection, shall be returned to Concessionaire, without interest, within fourteen (14) days of the
termination or expiration of this Agreement. In the event City uses part or all of the security
deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used
within ten (10) days of notice from City. City may require, at any time, that the security deposit
be increased in proportion to the amount that minimum monthly rent or payment has increased.
8. TERMINATION OF AGREEMENT WITHOUT CAUSE.
a. The City may at any time, for any reason, with or without cause,
terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least
ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire
shall continue to provide the services required by this Agreement, unless the notice provides
otherwise.
b. Concessionaire may at any time, for any reason, with or without
cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the City at
least ninety (90) calendar days prior written notice. Upon receipt of said notice, the
Concessionaire shall continue to provide the services required by this Agreement, unless the
Director otherwise agrees in writing.
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C. In the event this Agreement is terminated pursuant to this Section,
the Concessionaire shall pay to the City the amounts which may be due to the City under this
Agreement through the time of termination.
9. DEFAULT OF CONCESSIONAIRE.
a. Concessionaire's failure to comply with the provisions of this
Agreement shall constitute a default.
b. If the Director determines that Concessionaire is in default in the
performance of any of the terms or conditions of this Agreement, he or she shall serve the
Concessionaire with written notice of the default. Concessionaire shall have (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Concessionaire fails to cure its default within such period of
time, the City shall have the right, notwithstanding any other provision of this Agreement, to
terminate or suspend this Agreement without further notice and without prejudice to any other
remedy to which it may be entitled at law, in equity or under this Agreement.
C. In the event the Director determines that Concessionaire's default
poses an immediate risk to the health or safety of patrons of the park, the Food Concession
Facility or the public, he may suspend the Agreement without prior written notice to
Concessionaire. Upon such immediate suspension, the Director shall initiate the default
procedures set forth in this Section.
d. The City and Concessionaire agree that waiver by the City or
Concessionaire of any breach or violation of any term or condition of this Agreement shall not be
deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent
breach or violation of the same or any other term or condition.
10. INDEMNIFICATION. Concessionaire agrees to defend, indemnify,
protect and hold harmless the City, Temecula Community Services District ( "TCSD "), their
officers, officials, agents, employees and volunteers from and against any and all claims,
demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or
liability of any kind or nature which the City or TCSD may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damage to property arising out of
Concessionaire's negligent or wrongful acts or omissions arising out of or in any way related to
the performance or non - performance of this Agreement, excepting only liability arising out of the
negligence of the City, TCSD, their officers, officials, agents, employees and volunteers.
11. INSURANCE REQUIREMENTS. Concessionaire shall procure and
maintain for the duration of the contract insurance against claims for injuries to persons or
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damages to property, which may arise from or in connection with the performance of the work
hereunder by the Concessionaire, its agents, representatives, or employees.
as:
a. Minimum Scope of Insurance. Coverage shall be at least as broad
(1) Insurance Services Office Commercial General Liability form
No. CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the
Concessionaire owns no automobiles, a non -owned auto
endorsement to the General Liability policy described above is
acceptable.
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
b. Minimum Limits of Insurance. Concessionaire shall maintain
limits no less than:
(1) General Liability: $2,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate limit is
used, either the general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice
the required occurrence limit.
(2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage.
(3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident
for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the Director of Finance. At the
option of the Director of Finance, either the insurer shall reduce or eliminate such
deductibles or self - insured retentions as respects the City, TCSD, their officers, officials,
agents, employees or volunteers; or the Concessionaire shall procure a bond guaranteeing
payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile
liability policies are to contain, or be endorsed to contain, the following provisions:
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(1) The City, the TCSD, their officers, officials, agents, employees and
volunteers are to be covered as insured's as respects: liability
arising out of activities performed by or on behalf of the
Concessionaire; products and completed operations of the
Concessionaire; premises owned, occupied or used by the
Concessionaire; or automobiles owned, leased, hired or borrowed
by the Concessionaire. The coverage shall contain no special
limitations on the scope of protection afforded to the City, TCSD,
their officers, officials, agents, employees or volunteers.
(2) For any claims related to this Agreement, the Concessionaire's
insurance coverage shall be primary insurance as respects the City,
TCSD, their officers, officials, employees and volunteers. Any
insurance or self - insured maintained by the City, TCSD, their
officers, officials, agents, employees or volunteers shall be excess
of the Concessionaire's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage
provided to the City, TCSD, their officers, officials, agents,
employees or volunteers.
(4) The Concessionaire's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to
state that coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested,
has been given to the City.
e. Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the
City. Self insurance shall not be considered to comply with these insurance requirements.
f Verification of Coverage. Concessionaire shall furnish the City
with original endorsements effecting coverage required by this clause. The endorsements
are to be signed by a person authorized by that insurer to bind coverage on its behalf. The
endorsements are to be on forms provided by the City. All endorsements are to be
received and approved by the City before work commences. As an alternative to the
City's forms, the Concessionaire's insurer may provide complete, certified copies of all
required insurance policies, including endorsements effecting the coverage required by
these specifications.
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12. INDEPENDENT CONTRACTOR.
a. Concessionaire is and shall at all times remain as to the City a
wholly independent Contractor. The personnel performing the services under this Agreement on
behalf of Concessionaire shall at all times be under Concessionaire's exclusive direction and
control. Neither City nor any of its officers, employees, agents, or volunteers shall have control
over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents
except as set forth in this Agreement. Concessionaire shall not at any time or in any manner
represent that it or any of its officers, employees or agents are in any manner officers, employees
or agents of the City. Concessionaire shall not incur or have the power to incur any debt,
obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Concessionaire in
connection with the performance of this Agreement. Except for the rights of Concessionaire as
provided in the Agreement, City shall not pay salaries, wages, or other compensation to
Concessionaire for performing services hereunder for City. City shall not be liable for
compensation or indemnification to Concessionaire for injury or sickness arising out of
performing services hereunder.
13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself
informed of all applicable local, State and Federal laws, ordinances, and regulations which in
any manner affect those employed by it or in any way affect the performance of its obligations
pursuant to this Agreement. Concessionaire shall at all times observe and comply with all such
ordinances, laws and regulations. The City, and its officers and employees, shall not be liable
for any failure of the Concessionaire to comply with this section.
14. RELEASE OF INFORMATION.
a. All information gained by Concessionaire in performance of this
Agreement shall be considered confidential and shall not be released by Concessionaire without
City's prior written authorization. Concessionaire, its officers, employees, agents or
subcontractors, shall not without written authorization from the Director or unless requested by
the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
Agreement or relating to any projector property located within the City. Response to a subpoena
or court order shall not be considered "voluntary" provided Concessionaire gives City notice of
such court order or subpoena.
b. Concessionaire shall promptly notify City should Concessionaire, its
officers, employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this Agreement and the work
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performed thereunder or with respect to any projector property located within the City. City
retains the right be present at any deposition, hearing or similar proceeding. Concessionaire
agrees to cooperate fully with City and to provide City with the opportunity to review any
response to discovery requests provided by Concessionaire. However, City's right to review any
such response does not imply or mean the right or obligation by City to control, direct, or rewrite
said response.
15. NOTICES. Any notices which either party may desire to give to the other
party under this Agreement must be in writing and may be given either by (i) personal service,
(ii) delivery by a reputable document delivery service, such as but not limited to, Federal
Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United
States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of
the party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business
day following deposit with the document delivery service or United States Mail as provided
above.
To City: City of Temecula
Community Services District
Mailing Address:
P.O. Box 9033
Temecula, California 92589 -9033
Attention: Director of Community Services
Use this Address for a Delivery Service: City of Temecula
or Hand - Deliveries ONLY Community Services District
43200 Business Park Dr.
Temecula, CA 92590
Attention: Director of Community Services
The City intends to relocate to anew City Hall on or about September of 2010. Please call 951 -694-
6444 to determine if the City has relocated. After the City has relocated, please use the following
address for a delivery service or hand - deliveries ONLY:
City of Temecula
Community Services Department
Attention: Director of Community Services
41000 Main Street
Temecula, CA 92590
To Concessionaire: Stadium Pizza Redhawk, LLC
31950 Temecula Parkway #1
Temecula, California 92592
Attention: Anthony James Turski, President
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16. ASSIGNMENT. Due to the special services being performed by
Concessionaire pursuant to this Agreement, and the importance of providing quality food and
beverage services, Concessionaire shall not assign the performance of this Agreement, nor any
part thereof, nor any monies due hereunder, without prior written consent of the Director.
17. GOVERNING LAW; LITIGATION. The City and Concessionaire
understand and agree that the laws of the State of California shall govern the rights, obligations,
duties and liabilities of the parties to this Agreement and also govern the interpretation of this
Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior,
or federal district court with geographic jurisdiction over the City of Temecula. In the event such
litigation is filed by one party against the other to enforce its rights under this Agreement, the
revailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney
fees and litigation expenses for the relief granted.
18. PROHIBITED INTEREST. No officer, or employee of the City of
Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds
thereof, the Concessionaire, or Concessionaire's sub - contractors, during his /her tenure or for one
year thereafter. The Concessionaire hereby warrants and represents to the City that no officer or
employee of the City of Temecula has any interest, whether contractual, non - contractual,
financial or otherwise, in this transaction, or in the business of the Concessionaire or
Concessionaire's sub - contractors for the services to be provided under this Agreement.
Concessionaire further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. ENTIRE AGREEMENT. This Agreement contains the entire
understanding between the parties relating to the obligations of the parties described in this
Agreement. All prior or contemporaneous agreements, understandings, representations and
statements, oral or written, are merged into this Agreement and shall be of no further force or
effect. Each party is entering into this Agreement based solely upon the representations set forth
herein and upon each party's own independent investigation of any and all facts such party deems
material.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or
persons executing this Agreement on behalf of Concessionaire warrants and represents that he or
she has the authority to execute this Agreement on behalf of Concessionaire and has the authority
to bind Concessionaire to the performance of its obligations hereunder.
21. EXHIBITS. The following Exhibits are attached to this Agreement and
incorporated herein as though set forth in full:
a. Exhibit A Description of Food Concession Area
b. Exhibit B City Supplied Equipment
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, President
Attest:
Susan W. Jones, CMC, City Clerk
Approved as to form:
Peter M. Thorson, City Attorney
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CONCESSIONAIRE:
STADIUM PIZZA REDHAWK, LLC
a California Limited Liability corporation
By:_
Name:
By:_
Name:
Title:
(Two Signatures of Corporate Officers Required For Corporations)
FSM Initials:
DATE:
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EXHIBIT "A"
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EXHIBIT B
CITY SUPPLIED EQUIPMENT
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Item No. 23
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: June 22, 2010
SUBJECT: Temecula Community Services District Fiscal Year 2010 - 2011 Annual
Maintenance Agreements.
PREPARED BY: Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors approve the minor annual maintenance
and construction contracts for Fiscal Year 2010 — 2011 with:
1. Craftsmen Plumbing & Heating, for an amount not to exceed $100,000.00
2. Imperial Paving Company, Inc. for an amount not to exceed
3. NPG, Inc. for an amount not to exceed
4. Del Rio Enterprise, for an amount not to exceed
5. Witcher Electric, for an amount not to exceed
6. Strong's Painting, for an amount not to exceed
7. Power Distributors, Inc. for an amount not to exceed
8. Musco Sports Lighting, LLC. for an amount not to exceed
9. Tiger Equipment, Inc. for an amount not to exceed
10. T.D. Grogan Construction, for an amount not to exceed
11. Moore Fence Company, Inc. for an amount not to exceed
12. J M Justus Fence Company, for an amount not to exceed
$100,000.00
$100,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 75,000.00
$ 50,000.00
$ 50, 000.00
$ 50,000.00
$ 50, 000.00
BACKGROUND: Each year the Temecula Community Services Department enters into
numerous maintenance and construction agreements with various contractors that perform minor
maintenance and construction jobs throughout the City. These jobs usually range in cost from over
$1,000 to under $30,000 and involve miscellaneous repairs, electrical, fencing, paving, grading or
excavation, plumbing, painting, general construction and emergency call -out. Nevertheless, each job
requires an agreement between the City and the contractor. In an effort to streamline these
contractual requirements, staff has taken measures to place under agreement twelve (12)
contractors that are very capable of performing routine jobs and emergency services. Essentially,
these agreements will give staff administrative tools needed to efficiently execute minor
maintenance and construction work by having executed agreements which satisfy insurance,
prevailing wage requirements, terms and conditions as well as a general scope of work. This
contracting technique is widely used by cities to employ a higher more responsive maintenance
capability. Also, in the event of an emergency that can impinge the safety of City facilities, and other
City maintained areas, these agreements can facilitate an expedient reaction and resolution to
adverse conditions without jeopardizing administrative requirements. It is important to understand
that the not to exceed $100,000.00 amounts does not necessarily mean it will be spent but rather is
a ceiling to operate on an as needed basis.
Although some jobs may be better accomplished by one contractor because of equipment
availability, timing issues and job location, every effort will be made by staff to distribute the work
load evenly between these contractors. The contractor will be responsible for providing a work
proposal for each job, which must be approved by staff before any work is started.
Staff mailed letters to thirty five (35) contractors in the local area that could meetthe described minor
routine maintenance and construction work required. The letters requested time and material
pricing for both labor and equipment rates. It also included holiday and overtime rates. Twenty five
(25) out of the thirty five (35) contractors responded and provided competitive labor and equipment
rates as seen in Exhibit "B" of each agreement. Staff has reviewed these rates and has determined
they are consistent with current prevailing wages and current hourly equipment rates previously paid
by the City. The contractors listed below responded to the request for time and material rates and
are recommended for not to exceed $100,000.00 agreements for a one (1) year terms. The City
may, upon mutual agreement, extend the contract for four (4) additional one (1) yearterm(s). In no
event shall the contract be extended beyond June 30, 2015.
Company
1.
Craftsmen Plumbing & Heating
2.
Imperial Paving Company, Inc.
3.
NPG, Inc.
4.
Del Rio Enterprise
5.
Witcher Electric
6.
Strong's Painting
7.
Power Distributors, Inc.
8.
Musco Sports Lighting, LLC.
9.
Tiger Equipment, Inc.
10.
T.D. Grogan Construction
11.
Moore Fence Company, Inc.
Amount not to Exceed Term
$100,000.00 1 year
$100,000.00 1 year
$100,000.00 1 year
$ 75,000.00 1 year
$ 75,000.00 1 year
$ 75,000.00
1 year
$ 75,000.00
1 year
$ 75,000.00
1 year
$ 50,000.00
1 year
$ 50,000.00
1 year
$ 50,000.00
1 year
12. J M Justus Fence Company $ 50,000.00 1 year
FISCAL IMPACT: Sufficient funds have been included in the proposed Annual
Operating Budget for Fiscal Year 2010 — 2011 in the appropriate expenditure accounts.
ATTACHMENTS: 1) Contracts
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AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND CRAFTSMEN PLUMBING
HEATING AND COOLING, INC.
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Craftsmen Plumbing, Heating and Cooling, Inc. a Corporation, (hereinafter referred to as
"Contractor "). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed One
Hundred Thousand Dollars and No Cents ($100,000.00) annually unless additional payment
is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
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Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
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9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
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separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
4
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By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
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16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
C Ugi FilesUeevia Comb oO mentConva eaq\91 27 .doc
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Contractor: Craftsmen Plumbing, Heating and Cooling, Inc.
Contact Person: Danny McKee
27636 Ynez Rd. Suite L -7 # 337
Temecula, CA 92591
23. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
C Ugi FilesUeevia Comb oO mentConva eaq\91 27 .doc
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
C Ugi FilesUeevia Comb ooment Conva eaq\91 27 .doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk/Board Secretary
APPROVED AS TO FORM:
Craftsmen Plumbing Heating and Cooling, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Denny McKee, President
Laura McKee, Secretary
By:
Peter M. Thorson, City Attorney CONTRACTOR
Craftsmen Plumbing Heating and Cooling, Inc.
Contact Person: Denny McKee
27636 Ynez Rd. Suite L — 7 # 338
(951) 676 -6838
FSM Initials,
Date: a
0
R:\SIRE REPORTS ET ALW.i.ten — \Annual Maintenance 2010- 2011 \Craftsmen Plumbing 2010 -2011 doc
9
C:AProgram Files \Neevia.ComVDowment ConverterAtempA970427.doc
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
10
C Ugi FilesUeevia Comb ooment Conva eaq\91 27 .doc
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
Mar 17 10 04:33p Craftsmen Plmg Hvac Inc 951- 676 -6855
CRAFTSMEN PLUMBING HEATING & COOLING INC
27636 Ynez Road, Ste L -7 #338
Temecula, CA 92591
(951) 676 -6838 License # 446736
RATES
Description
Standard Time /One Man With Truck and Tools
1 Foreman - Prevailing Wage
2 Heavy Equipment Operator - Prevailing Wage
3 Laborer - Prevailing Wage
Description
Equipment (Bare Rental Rates)
I Backhoe
2 10 Wheel Dump Truck
Date: 3/1712 10
To: City of Temecula
Attn: Bruce
Fax: (95 1) 302 -4169
Hourly Rates
$35.00
$45.00
Markups
1 All Materials Purchased Will Include a 10% Markup Over Pu
2 Any Equipment Rented by Craftsmen for the Sole Purpose of
On a City of Temecula Job Will Include a 10% Markup Over
3 All Calls Require a 1. Hour Minimum.
Our Regular Business Hours are 8:00am to 5:00pm Monday through )
Our General Liability and auto insurance certificates are currently on
With Your Company,
Used
Rate.
p.2
u
C:AProgram Files \Neevia.ComVDowment ConvertaAempA970427.doc
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND DEL RIO ENTERPRISE, INC.
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Del Rio Enterprise, Inc. a Corporation, (hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed
Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional
payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
C Ugi FilesUeevia Comb ooment Conva eaq\91 28 doc
4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc 4
By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
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16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
23. ASSIGNMENT
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
Del Rio Enterprise, Inc.
Contact Person: Mike Mullins
42181 Av. Alvarado
Temecula, CA 92590
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
C Ugi FilesUeevia Comb oO mentConva eaq\91 28 doc
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
C Ugi FilesUeevia Comb ooment Conva eaq\91 28 doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk/Board Secretary
APPROVED AS TO FORM:
By:
Del Rio Enterprise, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Mike Mullins, Owner
By:
Peter M. Thorson, City Attorney CONTRACTOR
Del Rio Enterprise, Inc.
Contact Person: Mike Mullins
42181 Av. Alvarado Temecula, CA 92590
(951) 676 -4550
R \SIRE REPORTS ET N,WiaintenanceVsnnual Maintenance 2010- 20111DEI RIO Enterprise, 1.c2010-2011 d,,
C:AProgram Files \Neevia.ComVDowment ConverterAtempA970428.doc 9
FSM Initials:
Date:
9
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
C Ugi FllesUeevle. Coml oO men[Conva eaq\91 28 doc 10
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
0�� flPFISE
42181 Avenida Alvarado, Temecula CA 92590 -3429 • (951) 676 -4550 • FAX (951) 676 -2136
TIME & EQUIPMENT RATES
As of April 01, 2010
Title Hourly Overtime Double time Night Time
Operator
67.00
100.50
134.00
159.00
Labor
55.00
82.50
110.00
135.00
Foreman
67.00
100.50
134.00
159.00
J.D. Skip loader 4X4 w/ Gannon
115.00
172.50
230.00
255.00
J.D. Skip loader w/ spreader bar
120.00
180.00
240.00
265.00
Cat 426 Backhoe
115.00
172.50
230.00
255.00
18" compactor wheel
25.00
37.50
50.00
75.00
Field Laser per day
55.00
82.50
110.00
135.00
Cat 246 Skid Steer w/ bucket
110.00
165.00
220.00
245.00
Cat 246 Skid Steer w/ breaker
110.00
165.00
220.00
245.00
Cat 246 Skid Steer w/ sweeper
110.00
165.00
220.00
245.00
980 Loader w/ teeth
145.00
217.50
290.00
315.00
Rock Bucket
15.00
22.50
30.00
55.00
Smooth edge attachment for 980
15.00
22.50
30.00
55.00
Cat 613 Scraper
135.00
202.50
270.00
295.00
Low Bed
115.00
172.50
230.00
255.00
10 Wheel dump truck 10 CY
95.00
142.50
190.00
215.00
Bobtail dump truck 6 CY
85.00
127.50
170.00
195.00
2,500 gal. Water Truck
85.00
127.50
170.00
195.00
Wacker daily
65.00
97.50
130.00
155.00
Vibraplate daily
65.00
97.50
130.00
155.00
Demo saw daily
80.00
120.00
160.00
185.00
Saw & Truck
150.00
225.00
300.00
325.00
3/5 Ton Roller
115.00
172.50
230.00
255.00
Ford LN 7,000 20' flatbed
85.00
127.50
170.00
195.00
Tool Truck
95.00
142.50
190.00
215.00
Form Truck
155.00
232.50
310.00
335.00
Dump Trailer
35.00
52.50
70.00
95.00
2050 Mustang Skid Steer
115.00
172.50
230.00
255.00
U35 Zero Tail Kubota Excavator
120.00
180.00
240.00
265.00
All time & materials are to be billed at invoice price plus 20% overhead and profit.
C:AProgram Files \Neevia.ComVDowment ConverterAtempA970428.doc 11
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND IMPERIAL PAVING COMPANY,
INC.
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Imperial Paving Company, Inc. a Corporation, (hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed One
Hundred Thousand Dollars and No Cents ($100,000.00) annually unless additional payment
is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc 4
By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc
16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
23. ASSIGNMENT
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
Imperial Paving Company, Inc.
Contact Person: Chris Melodia
10715 Bloomfield Avenue
Santa Fe Springs, CA 90670
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 29 .doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk/Board Secretary
APPROVED AS TO FORM:
Imperial Paving Company, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Chris Melodia, Vice President
By:
Peter M. Thorson, City Attorney CONTRACTOR
Imperial Paving Company, Inc.
Contact Person: Chris Melodia
10715 Bloomfield Avenue, Santa Fe Springs, CA
90670
(800)634 -3932
FSM Initi Is
Date:C cC�
R \SIRE REPORTS ET AUMaimena... \Annual Maintenance 2010- 2011Umpl,ml Paving Company, Inc 2010 -2011 doc
C:AProgram Files \Neevia.ComVDowment ConverterAtempA970429.doc 9
9
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
C Ugi FllesUeevle. Coml oO men[Conva eaq\91 29 .doc 10
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
March 22, 2010
City of Temecula
Community Services Department
P.O. Box 9033
Temecula, CA 92589 -9033
Attention: Jerzy Kanigowski - Facility Services Manager
Re: Time & Material Price Sheet
Dear Mr. Kanigowski:
Thank you for your interest in Imperial Paving Company, Inc.
I am submitting our current "Time & Material Price Sheet', as Imperial Paving
Company, Inc. is interested in being considered for this program.
We can provide any and all additional Insurance and Wage documentation upon
request.
If I can be of further assistance, or if you need additional information, please contact
me at my office.
Respectfully submitted,
9
v
Chris Melodia
Vice President
Imperial Paving Company, Inc.
(562) 944 -0975 • (714) 523 -4492 • (800) 634 -3923 • Fax (562) 944 -0984
10715 Bloomfield Avenue, Santa Fe Springs, CA 90670
C:AProgram Files \Neevia.ComVDowment ConverterAtempA970429.doc 11
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
CONTINUED
City of Temecula
Community Services Department
P.O. Box 9033
Temecula, CA 92589 -9033
Attention: Jerzy Kanigowski - Facility Services Manager
Re: Time & Material Price Sheet
LABOR BREAKDOWN
All Labor
$
55.00
Per Hour
Overtime - 11/2 Times ( After 8 Hours / Saturdays)
$
82.50
Per Hour
Double Time - 2 Times ( Sunday / Holidays )
$
110.00
Per Hour
EQUIPMENT BREAKDOWN - ( DOES NOT INCLUDE LABOR)
Flatbed Truck with Compressor Mount
$
325.00
Per Day
Bob Tail Truck 9 - 11 Yards
$
315.00
Per Day
Concrete Flatbed Truck
$
300.00
Per Day
Dump Truck & Pup Trailer
$
390.00
Per Day
Air Compressor
$
150.00
Per Day
Water Truck
$
275.00
Per Day
Flatbed Truck with 3 - 5 Tons Roller Combo (Minimum)
$
505.00
Per Day
Dump Truck with Skiploader & Trailer Combo
$
505.00
Per Day
10 - 12 Ton Roller including Trailer
$
250.00
Per Day
3 - 5 Ton Roller Including Trailer
$
245.00
Per Day
Berm Machine Minimum Charge
$
150.00
Per Day
Bobcat with Bucket
$
500.00
Per Day
Bobcat with Grinder
$
550.00
Per Day
Arrow Board with Truck
$
250.00
Per Day
STANDARD SET - ( COMMON REPAIR CREW)
Four Man Crew
Skiploader
Dump Truck
3 - 5 Ton Roller
Flatbed with Compressor & Tools
$
3,100.00
Per Day
Less than 8 Hours - ( 4 Hour Minimum)
$
1,600.00
Per Day
MATERIALS
Asphalt
$
85.00
Per Ton
Asphalt Plant Opening on Saturdays
$
1,500.00
+
Base Rock Class 11
$
18.00
Per Ton
Tack Material
$
4.00
Per Gallon
Concrete
$
650.00
Min. Load
Concrete after 4 Yards
$
150.00
Per Yard
NOTE: SUBJECT TO MATERIAL AVAILABILITY & OIL PRICE FLUCTUATIONS.
NOTE: IMPERIAL PAVING COMPANY PROVIDES THE FOLLOWING SERVICES:
EXCAVATION, GRADING, PAVING, CONCRETE, SEAL COATING AND STRIPING.
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AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND J. M. JUSTUS FENCE COMPANY
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and J.M. Justus Fence Company a Sole Proprietor, (hereinafter referred to as "Contractor ").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty
Thousand Dollars and No Cents ($50,000.00) annually unless additional payment is approved
as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
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4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
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9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
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By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
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16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
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Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
23. ASSIGNMENT
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
J.M. Justus Fence Company
Contact Person: John M. Justus
31501 Corte Pacheco
Temecula, CA 92592
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 30 .doc
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk/Board Secretary
APPROVED AS TO FORM:
J.M. Justus Fence Company
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
John M. Justus, Owner
By:
Peter M. Thorson, City Attorney CONTRACTOR
J.M. Justus Fence Company
Contact Person: John M. Justus
31501 Corte Pacheco Temecula, CA 92592
951) 699 -1563
FSM Initials:
Date: C aLit, L
R. \SIRE REPORTS ET A W,inten— NAnnual Maintenance 2010 -2011 V.M. k1t., Fence Company 2010- 2011.doc
9
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
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EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
J M JUSTUS FENCE COMPANY
31501 Corte Pacheco
Temecula, CA 92592
951/699 -1563 Phone
951/693- 1925 Fax
Email: jrrlusfnce_4NTrsn. corn
Lic #847857
March 31, 2010
City of Temecula
43200 Business Park Drive
Temecula, CA 92589
Attention: Jerzy Kanigowski
Reference: General & Emergency Maintenance Services
Thank you for the opportunity to work with the city. J M Justus Fence Company is a family
business with 35 years of experience in the fence industry and specializes in public works
construction. We have completed numerous projects in the City of Temecula and surrounding
cities in Riverside County and can provide references upon request. The services our Company
provides are chain link fence, ornamental fence, handrails, guardrails, PVC rail fence, wood
fence, lodge pole fence, baseball backstops, netting, tennis court fencing, cable railing, woven
wire and welded wire panels, vehicle gates, and bollards. In addition to our installation services
we can also provide consulting on design build projects and engineering services.
MATERIAL
TIME AND MATERIAL SHEET
Cost + 15%
LABOR
Straight Time $53.15 /Hour`
1 ys X, & Saturday $69.15 /Hour*
Double Time, Sunday & Holiday $85.15 /Hour°
EQUIPMENT
Rentals Cost+ 10%
* Labor hours include mark up and burden labor.
If you desire additional information please do not hesitate to call at 951/699-1563.
J M JU Ty� FFNC COMP NY
,IoM Justus
Owner
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AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND NPG, INC.
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and NPG, Inc. a Corporation, (hereinafter referred to as "Contractor "). In consideration of the
mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed One
Hundred Thousand Dollars and No Cents ($100,000.00) annually unless additional payment
is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
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4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
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9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
4
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By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
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16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
23. ASSIGNMENT
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
NPG, Inc.
Contact Person:
1354 Jet Way
Perris, CA 92572
Jeff S. Nelson
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
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26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
By:
NPG, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Jeff S. Nelson, President
By:
Peter M. Thorson, City Attorney CONTRACTOR
NPG, Inc.
Contact Person: Jeff S. Nelson
1354 Jet Way Perris, CA 92572
(951)940 -0200
FSM Initials
Date:
R' \SIRE REPORTS ET ALU1aimenance\ ...I Mrinl— .20103011 WPO, 1. 2010- 2011.doc
M
9
C:AProgram Files \Neevia.ComVDowment ConvertaAempA970431.doc
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
10
C Ugi FllesUeevle. Coml oO men[Conva eaq\91 31 .doc
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
05/27/2010 15:21 9519409192
NPG GOLDSTAR
eNOPG,
«�
"Ift sEewcas
.ea Nelson Paving & GOB H.L.r
GoldStar Asphalt Products PiiiaoDU I
Paving & Grading Equipment! Labor Rental Rates
GENERAL LABOR STANDARD OVERTIME DOUBLE TIME
Foreman WI Truck 92.00 138.00 184.00
Raker /Laborer 63.00 94.50 126.00
PCC / Form Setter 63.00 94.50 126.00
OPERATORS 45.00
Travel Time 68.00 102.00 136.00
Paving Machine / Screed Man
Roller Man 68.00 102.00 136.00
Dum p Truck 68.00 102.00 136.00
Hot Crack Fill Metter 68.00 102.00 136.00
Seal Buggy 68.00 102.00 136.00
Add 112 Hour Overtime for Paving Machine Operator Fire Up
PAVING EQUIPMENT HOUR RATE AY R
05' Cedar Rapids 361 Paving Machine (Rubber Tire) 8' -16' 165.00
Cedar Rapids 552 Paving Machine (Rubber Tire) 10' -21' 165.00
NEW 05' Cedar Rapids 561 Paving Machine (Track Paver) 10' -21' 165.00
NEW 07' LeeBoy 5000LD Path Master (Track Paver) 5' -9' 160.00
NEW 06'011 Spreader Truck (2,000 Gal.) $750.00 Mobilization Inc, 2hrs. of Spreading
$150.00 per hr. thereafter & $550.00 per ton for oil
200.00
Automatics
325.00
Crew Truck / Form Truck
Asphalt Benn Machine 350.00
200 Gallon Tack Rig 250.00
Asphalt Roller DD24 & DD28 (3 -5 ton) 300.00
Asphalt Roller D068 (5 -8 ton) 400.00
475.00
Asphalt Roller Cat C822 (10 -12 ton)
HEAVY EQUIPMENT
05' John Deere Skip Loader 4WD
Operated
P
05' John Deere 3 Yard Loader
Operated
05' John Deere 770 Blade
Operated
860A Scraper
Operated
863 Bobcat w /Attachments
Operated
2000 Gallon Water Truck
Operated
10 Wheel Dump I End Dump
- Operated
Backhoe WI 16' Extender
Brace Kick Broom
Compressor Bare w /90 lb Hammer
Traffic Control Arrow Board
CRACK FILL EQUIPMENT
Crafco 125 Meliar
OJK 250 Metter
EZ Pour 50
Pour Pot / Kettle
SEAL COAT EQUIPMENT
DA350 Seal Buggy
ST550 Seal Tarn Trailer
$72500 Tanker w112' Hyd Spreader
•` 1 Hr. Clean Up Charge
ST2500 Tanker
HOUR RATE DAY RATE
95.00
135.00
135.00
135.00
375.00
85.00
105.00
350.00
350.00
250.00
150.00
DAY RATE WEEK RATE MONTH RATE
375.00 1,500.00 7,500.00
375.00
100.00
25.00
HOUR RATE DAY RATE
400.00
100.00
Operated 250.00 lsthr
185.00 there after
Operated 150.00
PAGE 02/02
EQUIPMENT MOVES FLAT RATE
Paving Machine / Loader/ Blade 600.00 In /Out
Roller / Kick Broom / Backhoe 350.00 Per Hr Portal-to-Portal +permits
Out
'•Any Moves Outside A 40 Mile Radius From Our Location WIII Be Billed A Hourly Rate of $120.00 Per
"T &M Rentals WIII Be Charged A $75.00 Fuel Surcharge Per Rental Day For Each Piece Of Equipment Ordered.
�y 4 Hour Minimum Charge on all Equipnenl and Labor' All equipment subject to move charge' 2 Hr Show Up Time
Time worked over a h,s Is charged At OT rated. DT rates after 12 his of walk
Sarvrday work unit ha merged al OT rates.. the firal 12 hours, DT error.... Sunday work charged al DT
,y Prevailing wagelceraflad payrell'20% mad<up on all labor l operator tales
J All labor and operated equipment rare, to be charged podal."Pon"
Equipment Rental Agreement torn must be signed at end of each walk day by acting superinlendenl
All Invoices to be paid upon completion or as agreed up,, - All Rates Sablecl to Change without Notice
Post Office Box 1515 � Perris, CA 92571
Phone: (951) 940 -0200 Fax: (951) 940 -9192
11
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AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND WITCHER ELECTRIC
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Witcher Electric a Sole Proprietor (hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed
Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional
payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
H
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 32doc
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
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b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
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4
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
g. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
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5
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
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22.
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula. CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
23. ASSIGNMENT
City of Temecula
Attn: General Manager
41000 Main Street
Temecula. CA 92590
Witcher Electric
Contact Person: Terry Witcher
40405 Avenida Trebolo
Temecula, CA 92592
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
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25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
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8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
By:
Witcher Electric
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Terry Witcher, Owner
By:
Peter M. Thorson, City Attorney CONTRACTOR
Witcher Electric
Contact Person: Terry Witcher
40405 Avenida Trebolo, Temecula, CA 92592
951) 303 -0855
FSM Init! .
Date:
R \SIRE REPORTS ET ALW.inieo —n Annual Maintenance 2010 - 2011 \Witcher Electric 2010 -2011 do,
9
C:AProgram Files \Neevia.ComVDowment ConverterAtempA970432.doc
9
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
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EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
WITCHER ELECTRIC
Terry Witcher,
Residential - Commercial
LIC.853628
40405 Avenida Trebolo
Temecula, Calif 92592
TO; CITY OF TEMECULA
CITY COMMUNITY SEPVICES OEPARTMENT
43200 BUSINESS PAPK bRIVE
TEMECULA, CALIF.
ATTENTION; JEPZY
OUR HOURLY RATE 15; $70.00 PER HOUR
TIME AN[) -,' IS; 105.00 PER HOUR
INSURANCE COMPANY; ACORb
GENERAL LIABILITY #MCT07912822565
SERVICE TRUCK LIABILITY # BA7812822585
TERRY CELL # 951 -203-8750
CELL 15 BEST WAY TO PEACH TERRY IMMEbIATELY
WITCHER ELECTRIC
C:\Progrm Files\Neevia.Com\Dowment ConvertaAemp\970432.doc
11
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND STRONG'S PAINTING
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Strong's Painting a Sole Proprietor, (hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed
Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional
payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
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4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
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9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 33 .doc
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
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By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
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16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
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Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
23. ASSIGNMENT
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
Strong's Painting
Contact Person: Gary Strong
31265 Saddleback Lane
Menifee, CA 92584
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
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this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk/Board Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
Strong's Painting
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation)
By:
Gary Strong, Owner
By:
CONTRACTOR
Strong's Paintin
Contact Person: Gary Strong
31265 Saddleback Lane Menifee, CA 92584
(951) 679 -4554
FSM Initials.
Date: (?k, o ' 0
R \SIRE REPORTS ET ALNlainlenanceWnnual Maintenance 2010 - 2011 \Snong's Painting, Inc 2010- 2011.doc
C:AProgram Files \Neevia.ComVDowment ConverterAtempA970433.doc 9
9
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
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EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
Feb 19 10 05:22p Gary Strong
951 - 679 -4554 p.1
31265 Saddleback Lane Phone:(951) 679 -4554
Menifee, Ca. 92584 Fax (951) 679 -4554
February 19,201.0
City of Temecula
P.O. Box 9033
Temecula, Ca. 92589 -9033
Attn: Community Services Department
Jerzy Kanigowski
Re: Time and Material Sheet
Strong's Painting has been in business for over 30 years and is family owned and
operated. We specialize in interior/exterior painting, small drywall repair,
texturing, stucco repair, powerwashing, wallpaper removal and hanging and light
maintenance work.
Strong's Painting is a partnership with no employees, therefore is not required to
carry workmans comp.
We currently carry a $1,000.000.00 per occurrence policy naming the City of
Temecula as an additional insured and will send upon request. We are also
members of the Better Business Bureau and hold a state contractors license.
Hourly rate: $40.00 per hour
Holiday and weekend rate: `b55.00 per hour
Mark up on parts, materials and equipment is not more than 12%
Thank you,
Gary Strong
Strong's Painting
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AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND POWER DISTRIBUTORS, INC.
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Power Distributors, Inc. a Corporation, (hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed
Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional
payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
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Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
H
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
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pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
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b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
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f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
g. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
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21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22.
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
23. ASSIGNMENT
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
Power Distributors, Inc.
Contact Person: Barry LeFave
15245 E Proctor Ave. City of Industry, CA 91745
(626) 855 -2580
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
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24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 34 .doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk/Board Secretary
APPROVED AS TO FORM:
By:
Power Distributors, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation)
By:
Barry A. LeFave, Vice President
By:
Peter M. Thorson, City Attorney CONTRACTOR
Power Distributors, Inc.
Contact Person: Barry A. LeFave
15245 E Proctor Ave City of Industry, CA 91745
(626)855 -2580
FSM Initials:
Date: ,r.
R\SIREREPORTS ETALUhinlc -- \Annual Maimcna -2010- 2011To, rDialribi-,,, Inc2010 -2011 d,,
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9
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
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10
EXHIBIT "B"
I :IivdLVil:1LINr: lAMvlLIBMM001:1 Bill 4:4
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April 22, 2010
LABOR RATES
Interior Lighting /Service Tech. $45.00 /Hour
Ladder Truck up to 50' $60.00 /Hour
Crane up to 65' $80.00 /Hour
Crane up to 90' * $90.00 /Hour
Electrician $60.00 /Hour
Fuel Charge $10.00 /Trip
• * Any lighting above the 90 -foot level including reach, price
will be negotiated at that time.
• All holiday, weekend, and overtime is hourly times 1.5.
• All travel is charged as hourly, including overtime.
M1500 Z $110.82/lamp
Any additional material will be charge at cost plus 20 %.
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12
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND MUSCO SPORTS LIGHTING,
LLC.
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Musco Sports Lighting, LLC. a Corporation, (hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed
Seventy Five Thousand Dollars and No Cents ($75,000.00) annually unless additional
payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
H
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
g. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
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21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22.
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Contractor: Musco Sports Lighting, LLC.
Contact Person: Troy Shilling
100 1" Ave West
Oskaloosa, IA 52577
23. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
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24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 35 .doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk/Board Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
Musco Sports Lighting, LLC.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
CONTRACTOR
Musco Sports Lighting, LLC.
Contact Person: Troy Shilling
100 15 Ave West Oskaloosa, IA 52577
(800)825 -6020
FSM Initials:
Date:
R \SIRE I POIt'I'S LI Maintenance 2010- 2011N.— Spons Lighting LLC, Inc 2010- 201IA,
9
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1 WA: ii-- 1kIVvl
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
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10
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
Jerzy Kanigowski
From: Troy Shilling [troy.shilling @musco.com]
Sent: Thursday, May 20, 2010 8:00 AM
To: Jerzy Kanigowski
Subject: Relamp per lamp price
Jerzy,
Based on relamp pricing this year with tax included. Your cost would be $125.00 per fixture to relamp. But we do have
a $2,400 minimum. This includes lamps, labor, lift and old lamp disposal.
Thanks
Troy 5/20
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AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND TIGER EQUIPMENT GRADING &
EXCAVATION
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Tiger Equipment Grading & Excavation a Sole Proprietor (hereinafter referred to as
"Contractor "). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty
Thousand Dollars and No Cents ($50,000.00) annually unless additional payment is approved
as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
4
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
g. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
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16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
23. ASSIGNMENT
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
Tiger Equipment Grading & Excavation
Contact Person: Mark Lacy
35701 Avenida LaCresta
Murrieta, CA 92562
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
Tiger Equipment Grading & Excavation
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
Mark Lacy, President
By:
CONTRACTOR
Tiger Equipment Grading & Excavation
Contact Person: Mark Lacy
35701 Avenida LaCresta Murrieta, CA 92562
(951) 600 -0598
FSM Initials:
Date: C
0
R \SI RE REPORTS ET AL\ Mole, —MA- -1 Grading &Excavation 2010 -2011. doc
9
C:AProgram Files \Neevia.ComVDowment ConverterAtempA970436.doc
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
10
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 36 doc
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
Apr 23 2010 6:45AM
HP LASERJET FAX
p.3
Original
UPERINTENDENT
$70-00
PER HOUR
110
FOREMAN
$60.00
PER HOUR
120
PIPELAYER
Tiger Equipment Compan
ates
130
PIPELAYER HELPER
$41-00
PER HOUR
140
OPERATOR
$5o.00
Equipment
Descripti(
n
Rental Rate
NOTE
16o
FL AGGER
$41-00
PER HOUR
170
PIC-UP TRUCKS
$41-00
PER HOUR
PER HOUR
1
FOREMAN l'ICK-UP
WfrOOLS
$15.00
2 ICREW
TRU,K
$12.00
3 ITENWHEE
ER
$62.00
4
END DUMP
$67.00
5
WATER TR)CK
$55.00
6
DELIVERIE
I
s35'00
EXCAVATORSIBACKHOES
PER HOUR
10
CAT 330E
CAVATOR
$200,00
11
CAT 320E
CAVATOR
$170.00
12
CAT 416BiCKHOE
$107.00
13
436 W
CKHOE
$119,00
14
-CAT
IT 28 LOAD
-R
$140.OD
15
950 U
DER
$153,00
—CAT
16
ISKIPLOAD
R
$90.00
17
D-K_
$215.00
add 20% for ROCK
16
D-8R
$200.00
add 20% for ROCK
MISC. EQUIPMENT
PER DAY
20
SRAEKLEF
ATTACHMENT
$100.00
21 AIR COMP
tESSOR
$85.00
22
:AIR COMP
ZESSOR W1 HAMMER
$89.00
23
IWELDER
1
$89.00
24
GENERATfR
$9000
100
UPERINTENDENT
$70-00
PER HOUR
110
FOREMAN
$60.00
PER HOUR
120
PIPELAYER
$50-00
PER HOUR
130
PIPELAYER HELPER
$41-00
PER HOUR
140
OPERATOR
$5o.00
PER HOUR
150
LABORER
$41-00
PER HOUR
16o
FL AGGER
$41-00
PER HOUR
170
TRUCK DRIVER
$41-00
PER HOUR
MARKUP FORIADDITIONAL WO
ADDITIONAL BUSINESS OOSTS:
C:\Progrm Files\Neevia.Com\Dowment Conver1u\temp\970436.doc
TO INCLUDE ADMINISTRATIVE, PROFIT AND
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND T.D. GROGAN CONSTRUCTION,
INC.
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and T.D. Grogan Construction, Inc. a Corporation, (hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty
Thousand Dollars and No Cents ($50,000.00) annually unless additional payment is approved
as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc
2
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
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4
By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
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16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula, CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Contractor: T.D. Grogan Construction, Inc.
Contact Person: Jack Striegel
9375 Archibald Ave. # 704
Rancho Cucamonga, CA 91730
23. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 37doc
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
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8
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
T.D. Grogan Construction, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Jack Striegel, Vice President
By:
Peter M. Thorson, City Attorney CONTRACTOR
T.D. Grogan Construction, Inc.
Contact Person: Jack Striegel
9375 Archibald Ave. Rancho Cucamonga, CA
91730
476 -9100
FSM Initials-
Date:
R:iSIRE REPORTS ET A I.,MaInlflmnCf Allllllal Maimcna -2010 -201 IIT.U, Grogan Inc 2010 -2011 Bloc
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C:AProgram Files \Neevia.ComVDowment ConverterAtempA970437.doc
9
EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
C Ugi FllesUeevle. Coml oO men[Conva eaq\91 37doc
10
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
I In i �;
T.D. GROGAN CONSTRUCTION
9375 Archibald Ave. #704
Rancho Cucamonga, CA 91730
California License Number 809823
Phone 909 - 476 -9100
Fax 909 -476 -9103
Jerzy Kanigowski,
Facility Services Manager
City of Temecula
Date: April 23, 2010
T.D, Grogan Construction is an expert playground, shade structure, picnic pavilion, pour
in place rubber surfacing, and site furnishing installation company. We have been in
business for nine years and we bring fifteen years of installation experience to the table.
Along with the installation and repair of playground equipment and rubber surfacing, we
also install concrete curbing, small amounts of concrete flatwork, and all types of
containment for loose fill fall protection material, without having to sub - contract. We are
a total turrlkey operation able to take tale of all your playground needs from star( to
finish. Including: excavation, disposal of spoils, containment, installation of fall
protection material, and clean up.
Our rates are as follows:
Regular man hour- $68.75
Overtime man hour- $81.25
Mark up on parts and material- 10%
Any question can be directed to;
Jack Striegel
V.P.
949 -702 -3304
ZB /Z9 39vd ionaiSNOO NVOOaO Qi 69t69Lb696 ZS :ZS etoZ /eZ /re
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11
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND MOORE FENCE CO., INC.
ROUTINE MAINTENANCE
THIS AGREEMENT is made and effective as of June 22, 2010, between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Moore Fence Co., Inc. a Corporation, (hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for four (4) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2015.
2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto
and incorporated herein as Exhibit A. ( "Work "), and shall provide and furnish all the labor,
materials, necessary tools, expendable equipment, and all utility and transportation services
required for the Work. All of said Work to be performed and materials to be furnished for the
Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit
A.
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty
Thousand Dollars and No Cents ($50,000.00) annually unless additional payment is approved
as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
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Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
H
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
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pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than:
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1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
4
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be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
g. By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc
22.
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula. CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula. CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
To Contractor:
23. ASSIGNMENT
City of Temecula
Attn: General Manager
41000 Main Street
Temecula. CA 92590
Moore Fence Co., Inc.
Contact Person: Scott Moore
P.O. BOX 1297
Perris, CA 92570
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
C Ugi FllesUeevle. Comb oO men[Conva eaq\91 38 doc
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
Moore Fence Co., Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Scott Moore, Branch Manager
By:
Peter M. Thorson, City Attorney CONTRACTOR
Moore Fence
P.O.
Date:
R \SIRE REPORTS ET A W.inlenance \Annual Meime — 2010- 2011\h —Fence Co., Inc 2010 -2011 do
0
9
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EXHIBIT "A"
Contractor recognizes' and agrees that this Agreement is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor
for the future repair, improvement, maintenance services upon real and personal property of the
Temecula Community Services District. Work will include emergency repairs, emergency
maintenance and maintenance work. The procedure for assigning work is set forth as follows:
1. Director of Temecula Community Services District ( "Director ") or his designee shall
submit to Contractor a written "Request for Work ". The Request for Work shall include a
description of the work to be completed, the time for completion of the work, and the plans and
specifications, if any, work.
2. Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Agreement.
3. In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken.
4. Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work. The performance of the work shall be pursuant to the terms of this
Agreement.
10
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EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
MOORE FENCE CO., INC.
P.O. BOX 1297 PERRIS, CALIFORNIA 92570
1- 888 - 718 -9777 FAX(951)940 -0429
March 3, 2009
City of Temecula
Community Services Department
43200 Business Park Drive
Temecula, CA 92590
Labor
$ 80.00 per hour per man at prevailing wage rate
After hours or weekends $ 121.00 per hour per man
Holiday hours $ 160.52 per hour per man
Materials
15% end mark up on material over our vendor's wholesale price, plus tax.
(NOTE: We buy in bulk on most items therefore our prices on material should be very
good.)
Equipment
No charge teen standard crew equipment. (Ex. Truck, hand tools, power digger, welder.)
10% end mark up on specialty equipment. (Ex. Bobcat, scaffold, wencher, core drill.)
We can providejust about any type of fencing that you need excluding masonry block
wall. We do all grades and types of vinyl, ornamental iron, wood, chain link, wire,
windscreen, cal- trans, custom fence work and temporary fencing. We install and repair
gate operator and entry systems. Emergency repair work is no problem.
If you have any questions please call
Scott Moore
Branch Managcr
Cell: 951 -712 -2721
Office: 951 -657 -3005
11
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Item No. 24
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: June 22, 2010
SUBJECT: Agreement with Excel Landscape, Inc. for Landscape Maintenance Services for
Fiscal Year 2010 - 2011
PREPARED BY: Jerzy Kanigowski, Facility Services Manager and Kevin Harrington,
Maintenance Superintendent
RECOMMENDATION: That the Board of Directors:
1. Approve a contract with Excel Landscape, Inc. for Landscape Maintenance Services in the
amount of $2,121,224.00 for Fiscal Year 2010 — 2011.
2. Authorize General Manager to approve additional work not to exceed the contingency
amount of $212,122.00 which is equal to 10% of the Agreement.
BACKGROUND: On March 22, 2010 the Temecula Community Services Department
(TCSD) released a Request for Proposal (RFP) for Landscape Maintenance Services. The TCSD
received fifteen (15) proposals. Eight (8) of the fifteen (15) proposals provided pricing information
for all six of our service areas which included Neighborhood Parks, Median Islands, Sports
Parks /School Sites, Community Facilities, Slope Areas (North) and Slope Areas (South) and seven
(7) of the fifteen (15) proposals provided pricing information for only specific service areas. The
pricing ranged from $137,256.00 for a specific service area to $2,868,076.00 for all service areas.
A review panel was formed to provide a fair and thorough evaluation of the 15 proposals that were
submitted. The four member evaluation panel reviewed and rated each of the contractors proposal
based on the following factors: general experience and qualifications; experience providing
specialized maintenance services (i.e. baseball field preparation, sports turf renovation, water
conservation, pest management); overall ability to fulfill the contract requirements; listing of
personnel to provide landscape maintenance services as outlined in the specifications; start up
activities required (i.e. provide appropriate equipment, site familiarity, staffing); overall cost of
providing landscape maintenance services; and client references providing similar services.
After a thorough evaluation and rating process it was determined that Excel Landscape, Inc. was the
most qualified and provided the highest rated proposal. Their overall pricing was very competitive
and was approximately 12% lowerthan the pricing paid forgeneral landscape maintenance services
for Fiscal Year 2009 -10.
In addition Excel Landscape, Inc. has provided landscape maintenance services for the city for
many years. They have consistently performed well and they are always willing and able to meet the
special needs of our community.
As a result, staff is recommending the Landscape Maintenance Services Contract for; Neighborhood
Parks, Median Islands, Sports Parks /School Sites, Community Facilities, Slope Areas (North and
South) be awarded to Excel Landscape, Inc.
FISCAL IMPACT: The amount to provide Landscape Maintenance Services is
$2,121,224.00 plus an additional ten percent (10 %) contingency. Sufficient funds have been
included in the proposed Annual Operating Budget for FY 2010 — 2011 in the appropriate
expenditure accounts.
ATTACHMENTS: 1) Contract
R:VSIRE REPORTS ET ALUNaintenancel g end a Repoli 2010 - 201 1\Exce I Landscape, Inc 2010- 2011.doc
AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND EXCEL LANDSCAPE, INC.
LANDSCAPE MAINTENANCE SERVICES
THIS AGREEMENT is made and effective as of June 22, 2010 between the Temecula
Community Services District, a community services district (hereinafter referred to as "City "),
and Excel Landscape, Inc, a Corporation,(hereinafter referred to as "Contractor "). In
consideration of the mutual covenants and conditions set forth herein, the parties agree as
follows:
1. TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2013,
unless sooner terminated pursuant to the provisions of this Agreement.
The City may, upon mutual agreement, extend the contract for three (3) additional one
(1) year term(s). In no event shall the contract be extended beyond June 30, 2016.
2. SCOPE OF WORK
a. Contractor shall perform all of the work described in the Scope of Work,
( "Work "), and shall provide and furnish all the labor, materials, necessary tools, expendable
equipment, and all utility and transportation services required for the Work. All of said Work to
be performed and materials to be furnished for the Work shall be in strict accordance with the
specifications set forth in the Scope of Work.
b. This Agreement includes and hereby incorporates by reference herein the
bid documents submitted to prospective bidders of the Project including all exhibits, drawings,
specifications and documents therein including attachments and addenda thereto. The
documents include:
1. Instructions and Information
2. General Specifications
3. Special Specifications
4. Exhibits "A" through "E"
5. Proposal
3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit "A ", Payment
Rates and Schedule, attached hereto and incorporated herein by this reference as though set
forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit "A ", other
than the payment rates and schedule of payment, are null and void. This amount shall not
exceed Two Million One Hundred Twenty One Thousand Two Hundred Twenty Four Dollars
and No Cent ($2,121,224.00) annually unless additional payment is approved as provided in
this Agreement.
b. Contractor shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in
the manner as agreed to by General Manager and Contractor at the time City's written
authorization is given to Contractor for the performance of said services.
C. Contractor will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Contractor's fees,
it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
4.
Contractor shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Contractor hereunder in meeting its obligations under this
Agreement.
5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work
performed and completed subject to the approval of City or its authorized representatives.
6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor
shall submit to City, in writing, all claims for compensation under or arising out of this
Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all
claims against City under or arising out of this Agreement, except those previously made in
writing and request for payment. Contractor shall be required to execute an affidavit, release
and indemnify Agreement with each claim for payment.
7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California,
the City Council has obtained the general prevailing rate of per diem wages and the general rate
for holiday and overtime work in this locality for each craft, classification, or type of workman
needed to execute this Contractor from the Director of the Department of Industrial Relations.
Copies may be obtained from the California Department of Industrial Relations Internet website
at http: / /www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or
sub - contractor hired, and shall pay the adopted prevailing wage rates as a minimum.
E
Contractor shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and
1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the City, as a penalty, the sum of $50.00 for each calendar day, or portion thereof, for
each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for
any work done under this Agreement, by him or by any subcontractor under him, in violation of
the provisions of the Agreement.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten
(10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Contractor the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
9. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Contractor for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b. If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Contractor with written notice of the default. The Contractor shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Contractor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
10. INDEMNIFICATION
The Contractor agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
3
11. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Contractor, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Contractor has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less
than
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, and
the Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
0
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, and the Redevelopment Agency of the City of
Temecula, their officers, officials, employees or volunteers.
4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Contractor shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Contractor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
affecting the coverage required by these specifications.
By executing this Agreement, Contractor hereby certifies:
I am aware of the provision of Section 3700 of the Labor
Code which requires every employer to be insured against
liability for Workman's Compensation or undertake self -
insurance in accordance with the provisions of that Code,
and I will comply with such provisions before commencing
the performance of the work of this Contract.
12. TIME OF THE ESSENCE
Time is of the essence in this Agreement.
13. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Contractor shall at all times be under Contractor's exclusive direction and control. Neither
City nor any of its officers, employees, agents, or volunteers shall have control over the conduct
of Contractor or any of Contractor's officers, employees, or agents except as set forth in this
Agreement. Contractor shall not at any time or in any manner represent that it or any of its
officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever
against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with
the performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
14. LEGAL RESPONSIBILITIES
The Contractor shall keep itself informed of all local, State and Federal ordinances, laws
and regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Contractor shall at all times observe
and comply with all such ordinances, laws and regulations. The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section.
15. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions
of difficulties that may be encountered in the execution of the work under this Agreement, as a
result of failure to make the necessary independent examinations and investigations, and no
plea of reliance on initial investigations or reports prepared by City for purposes of letting this
Agreement out to proposal will be accepted as an excuse for any failure or omission on the part
of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such
reasons be accepted as a basis for any claims whatsoever for extra compensation or for an
extension of time.
16. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file
an affidavit with the General Manager stating that all workmen and persons employed, all firms
supplying materials, and all subcontractors on the Work have been paid in full, and that there
are no claims outstanding against the project for either labor or materials, except certain items,
if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop
Notice which has been filed under the provisions of the laws of the State of California.
17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development
of this agreement or its approval shall have any financial interest, direct or indirect, in this
Agreement, the proceeds thereof, the Contractor, or Contractor's sub - contractors for this
project, during his /her tenure or for one year thereafter. The Contractor hereby warrants and
represents to the City that no officer or employee of the City of Temecula that has participated in
the development of this agreement or its approval has any interest, whether contractual, non -
contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of
the Contractor or Contractor's sub - contractors on this project. Contractor further agrees to
notify the City in the event any such interest is discovered whether or not such interest is
prohibited by law or this Agreement.
18. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the
performance of this Agreement, shall at all reasonable times be subject to inspection and audit
by any authorized representative of the City.
19. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to
California Government Code Section 4215.
20. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance
with Government Code Section 4215.
21. DISCRIMINATION
Contractor represents that it has not, and agrees that it will not, discriminate in its
employment practices on the basis of race, creed, religion, national origin, color, sex, age, or
handicap.
22.
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, that provides
a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified
mail, postage prepaid, return receipt requested, addressed to the address of the party as set
forth below or at any other address as that party may later designate by Notice. Notice shall be
effective upon delivery to the addresses specified below or on the third business day following
deposit with the document delivery service or United States Mail as provided above.
Mailing Address:
Use this Address for a Delivery Service
or Hand - Deliveries ONLY
City of Temecula
Attn: General Manager
P.O. Box 9033
Temecula. CA 92589 -9033
City of Temecula
Attn: General Manager
43200 Business Park Dr.
Temecula, CA 92590
The City intends to relocate to a new City Hall on or about September of 2010. Please call 951-
694 -6444 to determine if the City has relocated. After the City has relocated, please use the
following address for a delivery service or hand - deliveries ONLY:
City of Temecula
Attn: General Manager
41000 Main Street
Temecula, CA 92590
To Contractor: Excel Landscape, Inc.
Contact Person: Jose Alfaro
710 Rimpau Ave. Suite108 Corona, CA 92879
23. ASSIGNMENT
The Contractor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. Upon termination of
this Agreement, Contractor's sole compensation shall be payment for actual services performed
up to, and including, the date of termination or as may be otherwise agreed to in writing
between the City Council and the Contractor.
24. LICENSES
At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
25. GOVERNING LAW
The City and Contractor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall
take place in the municipal, superior, or federal district court with geographic jurisdiction over
the City of Temecula. In the event such litigation is filed by one party against the other to
enforce its rights under this Agreement, the prevailing party, as determined by the Court's
judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief
granted.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he or she has the authority to execute this Agreement on behalf of the
Contractor and has the authority to bind Contractor to the performance of its obligations
hereunder.
E
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
TEMECULA COMMUNITY SERVICES
DISTRICT
By:
Chuck Washington, TCSD
President
ATTEST:
By:
Susan W. Jones, MMC, City
Clerk /Board Secretary
APPROVED AS TO FORM:
Excel Landscape, Inc.
(Two Signatures of corporate officers required unless corporate
documents authorize only one person to sign the agreement on
behalf of the corporation.)
By:
By:
Jose Alfaro, President
[Enter Name], [Enter Title]
By:
Peter M. Thorson, City Attorney CONTRACTOR
Excel Landscape, Inc
Contact Person: Jose Alfaro
710 Rimpau Ave. Corona, CA 92879
(951) 735 -9650
(951) 735 -0469
Excel Lands cape.com
FSM Initials
Date: � ( Z( /
E
EXHIBIT A
City of Temecula Community Services Department
Pricing Sheet for Landscape Maintenance Services
NEIGHBORHOOD PARKS SERVICE AREA
Site #
Site Name
Monthly Price
Annual Price
P -1
Veterans Park
$1,693.55
$20,322.64
P -2
Sam Hicks Monment Park
$1,459.38
$17,512.54
P -3
Calle Aragon Park
$281.01
$3,372.12
P -4
Bahia Vista Park
$281.01
$3,372.12
P -5
Loma Linda Park
$1,094.07
$13,128.79
P -6
Riverton Park
$1,823.75
$21,885.06
P -7
John Magee Park
$477.72
$5,732.60
P -9
Voorburg Park
$374.68
$4,496.16
P -10
Nicolas Road Park
$1,094.07
$13,128.79
P -11
Butterfield Stage Park
$1,094.07
$13,128.79
P -12
Temecula Duck Pond
$2,553.44
$30,641.33
P -13
Rotary Park
$318.48
$3,821.74
P -14
Nakayama Park
$337.21
$4,046.54
P -15
Winchester Creek Park
$1,459.38
$17,512.54
P -16
Long Canyon Creek Park
$1,412.54
$16,950.52
P -17
Vail Ranch Park
$5,835.64
$70,027.69
P -18
Stephen Michael Jr. Me. Park
$729.69
$8,756.27
P -19
Pablo Apis Park
$729.69
$8,756.27
P -20
Crowne Hill Park
$1,313.25
$15,759.04
P -21
Meadows Park
$1,823.75
$21,885.06
P -22
Pauba Ridge Park
$1,823.75
$21,885.06
P -23
Serena Hills Park
$1,184.93
$14,219.11
P -24
Harveston Lake Park
$3,304.68
$39,656.13
P -25
Sunset Park
$598.55
$7,182.62
P -26
Paseo Gallante Park
$661.31
$7,935.72
P -27
Temecula Creek Trail Park
$1,681.38
$20,176.52
P -28
Redhawk Community Park
$5,360.73
$64,328.81
P -29
Wolf Creek Trail Park
$2,607.77
$31,293.27
P -30
Wolf Creek Park
$2,20112
$26,437.42
SS -01
Via Eduardo Streetscape
$224.81
$2,697.70
SS -02
La Serena Way Streetscape
$210.76
$2,529.09
FC -01
Nada Lane
$182.66
$2,191.88
T -01
Santa Gertrudis Trail
$384.05
$4,608.56
T -02
Temecula Creek Village Trail
$187.34
$2,248.08
T -03
Murrieta Creek Trail
$1,022.88
$12,274.52
$47,825.09
$573,901.10
Pricing includes Proposal Option 1 (5% Savings for the award of 5 or
more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a
Certificate of Deposit in the amount of 10% of the annual contract amount in
place of the Payment Bond (Material and Labor) and the Faithful Performance Bond)
Authorized
10
EXHIBIT A
City of Temecula Community Services Department
Pricing Sheet for Landscape Maintenance Services
MEDIANS SERVICE AREA
Site #
Site Name
Monthly Price
Annual Price
M -01
Rancho Cal. Rd. Medians
$936.70
$11,240.40
M -02
Ynez Rd. Medians
$936.70
$11,240.40
M -03
Butterfield Stage Rd. Medians
$585.44
$7,025.25
M -04
Margarita Rd. Medians (North)
$662.25
$7,946.96
M -05
Margarita Rd. Medians (South)
$141.44
$1,697.30
M -06
Winchester Rd. at Jefferson
$141.44
$1,697.30
M -07
Pechanga Parkway Medians
$1,405.05
$16,860.60
M -08
Meadows Parkway (North)
$663.18
$7,958.20
M -09
Paseo Del Sol Medians
$663.18
$7,958.20
M -10
Harveston Medians (Date /Marga)
$2,256.51
$27,078.12
M -11
Jefferson Ave. Medians
$140.51
$1,686.06
M -13
Redhawk Medians
$936.70
$11,240.40
M -14
Temecula Parkway Medians
$1,798.46
$21,581.57
M -15
Wolf Valley Rd. Medians
$46.84
$562.02
M -16
Diaz Rd. Medians /Parkway
$515.19
$6,182.22
M -17
Meadows Parkway (South)
$154.56
$1,854.67
FW -01
1- 15 ON /OFF Ramps
$2,285.55
$27,426.58
$14,269.69 $171,236.25
Pricing includes Proposal Option 1 (5% Savings for the award of 5 or
more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a
Certificate of Deposit in the amount of 10% of the annual contract amount in
place of the Payment Bond (Material and Labor) and the Faithful Performance Bond)
Authorized Signature
11
EXHIBIT A
City of Temecula Community Services Department
Pricing Sheet for Landscape Maintenance Services
SPORTS PARKS /SCHOOL SITES SERVICE AREA
Site # Site Name
Monthly Price
Annual Price
SP -01 Ronald Reagan Sports Park
$9,534.90
$114,418.84
SP -02 Paloma Del Sol Park
$4,153.89
$49,846.68
SP -03 Pala Community Park
$2,585.95
$31,031.37
SP -04 Kent Hintergardt Park
$3,934.09
$47,209.12
SP -05 Margarita Community Park
$3,732.98
$44,795.80
SP -06 Temeku Hills Park
$4,162.79
$49,953.46
SP -07 Harveston Community Park
$7,288.88
$87,466.61
SP -08 Patricia H. Birdsall Sports Park
$11,568.25
$138,818.94
SC -01 Temecula Middle School
$405.78
$4,869.34
SC -03 James L. Day Middle School
$484.09
$5,809.04
SC -04 TVHS Tennis Court
$533.92
$6,407.03
SC -06 Vail Ranch Middle School
$806.22
$9,674.61
SC -07 Paloma Elementary School
$806.22
$9,674.61
SC -08 Pauba Valley Elementary School
$404.00
$4,847.98
SC -09 Great Oak High School Tennis Courts
$533.92
$6,407.03
$50,935.87 $611,230.47
Pricing includes Proposal Option 1 (5% Savings for the award of 5 or
more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a
Certificate of Deposit in the amount of 10% of the annual contract amount in
place of the Payment Bond (Material and Labor) and the Faithful Performance Bond)
Authorized
12
EXHIBIT A
City of Temecula Community Services Department
Pricing Sheet for Landscape Maintenance Services
COMMUNITY FACILITIES SERVICE AREA
Site #
Site Name
Monthly Price
Annual Price
F -01
Community Recreation Center
$1,634.54
$19,614.50
F -02
Mary Phillips Senior Center
$548.91
$6,586.87
F -03
City Hall
$1,124.04
$13,488.48
F -04
Temecula Community Center
$351.26
$4,215.15
F -05
Fire Station # 84
$538.60
$6,463.23
F -06
Old Town Temecula
$2,023.27
$24,279.26
F -10
Temecula Children's Museum
$288.50
$3,462.04
F -12
Temecula Community Theater
$74.94
$899.23
F -13
Temecula Public Library
$1,041.61
$12,499.32
F -15
Wolf Creek Fire Station # 92
$383.11
$4,597.32
"F -17
Civic Center /Town Square
$772.78
$9,273.33
F -20
Overland Training Center
$176.10
$2,113.20
F -22
Fire Station # 73
$185.47
$2,225.60
$9,143.13 $109,717.54
Pricing includes Proposal Option 1 (5% Savings for the award of 5 or
more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a
Certificate of Deposit in the amount of 10% of the annual contract amount in
place of the Payment Bond (Material and Labor) and the Faithful Performance Bond)
Authorized Signature
13
EXHIBIT A
City of Temecula Community Services Department
Pricing Sheet for Landscape Maintenance Services
SLOPE SERVICE AREA (NORTH)
Site #
Site Name
Monthly Price
Annual Price
S -01
Saddlewood /Pavillion Point
$1,267.00
$15,204.00
S -02
Winchester Creek 1 and 2
$1,376.95
$16,523.39
5 -04
The Vineyards
$193.00
$2,316.00
S -05
Signet Series
$1,237.33
$14,847.96
5 -06
Woodcrest Country
$721.26
$8,655.11
S -07
Ridgeview
$540.00
$6,480.00
S -09
Rancho Solana
$51.52
$618.22
S -10
Martinuque
$257.59
$3,091.11
S -11
Meadowview Estates
$37.00
$444.00
S -14
Mirada /Morrison Homes
$421.00
$5,052.00
S -15
Barclay Estates
$470.00
$5,640.00
S -17
Monte Vista
$51.00
$612.00
S -18
Temeku Hills
$3,602.00
$43,224.00
S -19
Chantemar /Campos Verdes
$1,864.97
$22,379.64
S -22
Sutton Place
$162.00
$1,944.00
S -24
Harveston
$5,533.09
$66,397.04
S -25
Serena Hills
$1,669.20
$20,030.39
S -27
Avondale
$295.06
$3,540.73
$19,749.97 $236,999.59
Pricing includes Proposal Option 1 (5% Savings for the award of 5 or
more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a
Certificate of Deposit in the amount of 10% of the annual contract amount in
place of the Payment Bond (Material and Labor) and the Faithful Performance Bond)
" Pricing includes reduced services in desiganted areas based on available funding
Authorized Signature
14
EXHIBIT A
City of Temecula Community Services Department
Pricing Sheet for Landscape Maintenance Services
SLOPE SERVICE AREA (SOUTH)
Site #
Site Name
Monthly Price
Annual Price
S -03
Rancho Highlands
$1,395.31
$16,743.72
S -08
Village Grove
$5,133.63
$61,603.56
5 -12
Vintage Hills
$3,126.10
$37,513.20
S -13
Presley(Veranda, Country Glen, Bridlev�
$1,076.74
$12,920.88
S -16
Tradewinds
$812.45
$9,749.40
S -20
Crowne Hill
$5,576.78
$66,921.36
S -21
Vail Ranch
$9,532.23
$114,386.76
S -23
Pheasant Run
$250.05
$3,000.60
5 -26
Gallery Homes Tradition
$52.50
$630.00
S -28
Wolf Creek
$7,791.66
$93,499.92
S -29
Gallery Homes Portraits
$97.42
$1,169.04
$34,844.87 $418,138.44
Pricing includes Proposal Option 1 (5% Savings for the award of 5 or
more areas) and Proposal Option 2 (1.4% Savings for the acceptance of a
Certificate of Deposit in the amount of 10% of the annual contract amount in
place of the Payment Bond (Material and Labor) and the Faithful Performance Bond)
Authorized Signature
15
EXHIBIT A
Pricing Sheet for Landscape Maintenance Services
New Landscape Maintenance Service Areas
Maintenance Service Area
Sports Park Service Area (includes ballfield prep.)
Neighborhood Park Service Area
Slope Service Area
Median Service Area
Community Facility Service Area
Trail Service Area
Ballfield Preparation (Single field /Mon. -Fri.
Includes trash removal).
Ballfield Preparation (Single field /Sat and Sun.
Includes trash removal).
Price per Square Foot
Monthly
Annually
.0125
.0150
sq.
ft.
.0100
.0120
sq.
ft.
.0200
.2400
sq.
ft.
.0200
.2400
sq.
ft.
.0200
.2400
sq.
ft.
.0070
.0840
sq.
ft.
$975.00
$11,700.00
perfld.
'$930.00 $11,160.00 perfld.
Up to three (3) fields for same amount.
Authorized Signature
ire
EXHIBIT A
Landscape Maintenance Extra Work
Price Sheet
I. Turf Maintenance (All turf areas)
Unit Cost
each
1.
Mowing (Including bagging of clippings)
$ .002
sq. ft.
2.
Edging
.05
linear ft.
3.
String Trimming
.10
linear ft.
4.
Aerification (Core /3 ")
.002
sq. ft.
5.
Aerification (Deep Tine /6 ")
N/A
sq. ft.
6.
Weed Removal (Manual)
20.00
per man hr.
7.
Pest Control (Manual)
35.00
per man hr.
8.
Fertilization (Placement only)
.001
sq. ft.
9.
Materials (Fertilizer, Soil Amends)
20%
mark -up
II. General Landscape Maintenance (Planters and Slope
areas)
1.
Edging (Ground Cover)
$ .15
linear ft.
2.
Trimming (Shrubs, Ground Cover)
.02
sq. ft.
3.
Pruning /Shrubs, Vines, Roses
.04
sq. ft.
4.
Pruning /Trees (To 18')
40.00
each
5.
Weed Removal (Manual)
25.00
per man hr.
6.
Pest Control (Manual)
45.00
per man hr.
7.
Fertilization (Placement only)
.003
sq. ft.
8.
Vegetation Removal
.02
sq. ft.
9.
Materials (Fertilizer, Soil Amends)
20%
mark -up
III. Plant Material (Installed, all areas)
1.
Annual Color (4" Container)
$ 1.50
each
2.
Ground Cover
20.00
flat
3.
One (1) Gallon
8.00
each
4.
Five (5) Gallon
20.00
each
5.
Fifteen (15) Gallon
85.00
each
6.
24" Box Tree
225.00
each
7.
Seeded Turf
.15
sq. ft.
8.
Sodded Turf
1.25
sq. ft.
9.
Hydroseed
.10
sq. ft.
10.
Soil Preparation (Existing area)
.20
sq. ft.
11.
Soil Preparation (New area)
.15
sq. ft.
12.
Wood Mulch
40.00
cu. yd.
IV. Irrigation System Maintenance
1. Inspection $ 45.00 per hr.
2. Repair (Main line, Lateral line, Sprinklers) 45.00 per hr.
3. Parts 20% mark -up
V. General Pest Control
1. Written Recommendation by PCA
$ 200.00
each
2. Qualified Applicator (QAC)
65.00
per hr.
3. Trained Applicator
35.00
per hr.
4. Material
20%
mark -up
17
EXHIBIT A
Service Level C / Slope Area Maintenance Levels / FY 2010 -11
Service Level I
No Change to Scope of Services
Weekly Service Cycle (Visit Site Weekly / minimum 4 visits per month)
Service Level II
Monthly Service Cycle (Visit Site Bi- Weekly / minimum 2 visits per month)
Weekly turf mowing April -Sept / Bi- weekly Oct -March
No view clearance trimming (shrubs and trees)
Minimal shrub trimming
Special circumstance tree trimming only
Minimize slope fertilization (1 time per year)
Minimize turf fertilization (2 times per year /spring and fall)
I Sites
S -02 Winchester Creek
S -03 Rancho Highlands
S -06 Woodcrest Country
S -08 Village Grove
S -09 Rancho Solana
S -10 Martinique
S -12 Vintage Hills
S -13 Presley /Veranda, CG, Bridle
S -16 Tradewinds
S -19 Chantemar /Campos Verdes
S -20 Crowne Hill
S -21 Vail Ranch
S -23 Pheasant Run
S -24 Harveston
S -25 Serena Hills
S -26 Gallery Homes Traditions
S -27 Avondale
S -28 Wolf Creek
S -29 Gallery Portraits
II Sites
S -01 Saddlewood /Pavillion Point
S -04 Vineyards
S -05 Signet Series
S -07 Ridgeview
S -11 Meadowview Estates
S -14 Mirada/Morrison Homes
S -15 Barclay Estates
S -17 Monte Vista
S -18 Temeku Hills
S -22 Sutton Place
sir
TCSD
DEPARTMENTAL REPORT
Item No. 25
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager /Board of Directors
FROM: Herman D. Parker, Director of Community Services
DATE: June 22, 2010
SUBJECT: Monthly Departmental Report
PREPARED BY: Gail Zigler, Administrative Assistant
The Redhawk Park Improvement project Phase 1 bid opening was held and a contract was
awarded at the October 27, 2009. Phase 1 construction has begun and will include construction
of a restroom, parking lot improvements, and a basketball court at Redhawk Community Park,
as well as a permanent dog park.
The Escallier House and Barn have been relocated as part of the Temecula Community Center
(TCC) expansion project. A bid opening was held on March 4, 2010. The project calls for
refurbishment of the Escallier House and Barn which will be the future home of the Temecula
Community Pantry. A construction contract was awarded in March of 2010. Construction has
begun on this project.
A conceptual design for the Old Town Gymnasium project was completed and approved by the
Community Services Commission and City Council. The new gymnasium project will include
the construction of a regulation size basketball court, restroom facilities, seating for spectators
and an office.
During the month of June, the Community Services Department coordinated and hosted the
Annual Community Services Expo on June 5, 2010. This annual event is held at Temeku Hills
Park and offers residents an opportunity to meet the various recreation program instructors,
learn about Community Services programs and activities and special events, and early
registration for recreation programs.
On June 17th the Community Services Department kicked off the annual Summer Sunsets Film
and Concert Series. The concert series will offer residents ten (10) weeks of quality, musical
entertainment in the Temecula Amphitheater on Thursday evenings during the summer. The
movies in the park series will offer residents eight (8) movie night at various park sites
throughout the City.
The Community Services Department is busily planning the Annual 4`h of July parade and
fireworks extravaganza. The event will be held on July 4`h with the parade beginning at 1:OOpm
in Old Town followed by festivities at Ronald Reagan Sports Park. The event will culminate with
a fireworks show at 9:OOpm.
The Cultural Arts Division coordinated and implemented the opening of a new art exhibit at the
Merc. The show highlights Plein Air art by artist Shawn McKelvey. The art opening was held on
Friday, June 4, 2010. Approximately 50 were in attendance.
Within the Cultural Arts Division, staff completed the addition of a new exhibit for Pennypickle's
Temecula Children's Museum. The new exhibit will provide a new environment and interactive
for young people to explore.
The Temecula Public Library continues to have the highest circulation of book materials in the
Riverside County system. In February 2010 Temecula Public Library had 44% of the total
circulation of the 13 libraries in the mid -south zone for Riverside County. The combined
circulation for the Temecula Public Library and the Grace Mellman Library had 54% of the total
for the zone.
The Grace Mellman Library is now host to an Espresso Book machine, the only one of its kind in
a public library in the United States. This amazing piece of equipment was purchased by
Riverside County through a grant they received. The Espresso Book machine can print a 600
or more page book, bound with cover in approximately 6 minutes. The Espresso Book machine
is quite an addition to the Riverside County area and is garnishing a great deal of attention
throughout the region. The Espresso Book machine will be a great benefit to those interested in
self - publishing their own works.
The TCSD Maintenance Division plays an integral role in assisting with the many citywide
special events held each month. In addition, the Maintenance Division continues to oversee the
maintenance and rehabilitation of all City parks and facilities.
REDEVELOPMENT
AGENCY
Item No. 26
ACTION MINUTES
of
JUNE 8, 2010
City Council Chambers, 43200 Business Park Drive, Temecula, California
TEMECULA REDEVELOPMENT AGENCY MEETING
The Temecula Redevelopment Agency Meeting convened at 7:24 PM.
CALL TO ORDER: Chair Person Mike Naggar
ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts,
Naggar
ABSENT: Roberts
RDA PUBLIC COMMENTS
There were no public comments.
RDA CONSENT CALENDAR
20 Action Minutes - Approved Staff Recommendation (4 -0 -1) Agency Member
Comerchero made the motion; it was seconded by Agency Member Edwards and
electronic vote reflected approval with the exception of Agency Member Roberts
who was absent.
RECOMMENDATION:
20.1 Approve the action minutes of May 25, 2010.
RDA BUSINESS
21 Review and Adoption of the Fiscal Year 2010 -2011 Annual ODeratina Budaet -
Approved Staff Recommendation (4 -0 -1) Agency Member Comerchero made the
motion; it was seconded by Agency Member Edwards and electronic vote
reflected approval with the exception of Agency Member Roberts who was
absent.
RECOMMENDATION:
21.1 That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. RDA 10 -06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA ADOPTING THE
FY 2010 -11 ANNUAL OPERATING BUDGET AND ESTABLISHING
CONTROLS ON CHANGES IN APPROPRIATIONS
1
22 Review and Adoption of the Fiscal Year 2011 -15 Capital Improvement Budaet for the
Redevelopment Agency (RDA) - Approved Staff Recommendation (4 -0 -1) Agency
Member Comerchero made the motion; it was seconded by Agency Member
Edwards and electronic vote reflected approval with the exception of Agency
Member Roberts who was absent.
RECOMMENDATION:
22.1 That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. RDA 10 -07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING
THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2011 -15 AND
ADOPTING THE CAPITAL IMPROVEMENT BUDGET FOR FY 2010 -11
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
At 7:31 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, June 22, 2010, at 5:30 P.M., for a Closed Session, with regular session commencing
at 7:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula, California.
ATTEST:
Susan W. Jones, MMC
City Clerk /Agency Secretary
[SEAL]
z
Michael S. Naggar, Chair Person
Item No. 27
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director /Agency Members
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: June 22, 2010
SUBJECT: Residential Improvement Program
PREPARED BY: Dana Schuma, Associate Planner
RECOMMENDATION: That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. RDA 10-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF TEMECULA APPROVING REVISIONS TO THE
RESIDENTIAL IMPROVEMENT PROGRAM
BACKGROUND: The Residential Improvement Program was originally adopted in August
1996. The program offers Agency assistance to very-low, low, and moderate income households in
the City of Temecula. The funds can be used for exterior painting, fence repair, and protecting the
health and safety of home occupants as required by Building Codes.
ANALYSIS: The Residential Improvement Program sets for the objectives, eligible property or
business owners, maximum residential improvement loans, eligible residential improvements,
ineligible residential improvements, and the authority of the Executive Director to implement the
Residential Improvement Program.
Staff recommends the Residential Improvement Program be revised to setforth the following terms:
Program Objectives
• Improve and preserve the community's supply of low and moderate income housing
available at affordable housing cost to persons and families of low moderate income both
within and outside of the Project Area
• To prevent blight in residential neighborhoods
• To improve the structural integrity of the City's housing stock
• To improve the health and safety of residents living in substandard housing
Eligibility Requirements
The Agency may provide Residential Improvement Loans to property owners within the City who
meet the following qualifications:
• Own single - family homes, townhomes and manufactured homes on a permanent foundation;
• The property is owner - occupied and the sole residence of the owner; and
• The owner's gross annual household income does not exceed that the Riverside County
moderate income established from time to time bythe California Department of Housing and
Community Development or the successor State agency providing such determinations.
Maximum Residential Improvement Loan
Previously, the Residential Improvement Program provided assistance of up to $7,500 to qualified
homeowners for such repairs; however, staff is recommending a program increase from $7,500 to
$10,000 for all qualified participants. The loan is forgiven if the owner occupies the residence for a
minimum of five years.
First Time Home Buyers
On August 12, 2008, the Redevelopment Agency approved a revised Residential Improvement
Program which increased the funds available through the Program when used in conjunction with
the First Time Home Buyer Program. The Program will provide a ten -year term, $10,000 loan to
borrows of moderate income as defined by the State of California that are also participating in the
Agency's First Time Home Buyer Program. The loan allows for repairs and improvements not
normally allowed under the first tier of the Program. First Time Home Buyers may use the loan to
make interior improvements such as replacing missing or broken appliances, exterior improvements
such as irrigation and pool equipment, and general improvements to repair damaged caused by
neglect, vandalism or theft. The loan is forgiven if the owner occupies the residence for a minimum
of 10 years.
Authority of the Executive Director
The Executive Director is specifically authorized to establish and approve the "Manual for the
Residential Improvement Program" that will address specific procedures and standard agreements
and to approve the Residential Improvement Loan Agreements.
All other provisions of the Residential Improvement Program shall remain the same.
FISCAL IMPACT: The 2010 -2011 Residential Improvement Program (RIP) budget is
$200,000 and is included in the 2010 -2011 Redevelopment Agency Budget.
ATTACHMENT: Resolution
RESOLUTION NO. RDA 10-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA APPROVING REVISIONS TO THE RESIDENTIAL
IMPROVEMENT PROGRAM
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Redevelopment Agency finds, determines and declares
that:
(a) The Redevelopment Agency of the City of Temecula ( "Agency ") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law of the State of California, Health and Safety Code Sections 32000 et. seq.
and has been authorized to transact business and exercise the powers of a redevelopment agency
pursuant to the action of the City Council of the City of Temecula ( "City ").
(b) On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside
County Redevelopment Project No. 1988 -1" (hereafter the "Plan ") in accordance with the
provisions of the Community Redevelopment Law (Health and Safety Code Sections 33000 et
seq.). On December 1, 1989, the City of Temecula was incorporated. The boundaries of the
Project Area described in the Plan are entirely within the boundaries of the City of Temecula
On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91 -08, 91-
11, 91 -14, and 91 -15 establishing the Redevelopment Agency of the City of Temecula and
transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos.
91 -11 and 91 -15, the City of Temecula and the Redevelopment Agency of the City of Temecula
assumed jurisdiction over the Plan as of July 1, 1991. These Ordinances are codified in Chapter
2.52 of the Temecula Municipal Code.
(c) One of the goals of redevelopment under the Community Redevelopment
Law and the Plan is to increase, improve, and preserve the community's supply of low and
moderate income housing available at affordable housing cost to persons and families of low
moderate income both within and outside of the Project Area
(d) The Residential Improvement Program is also intended to effectuate the
objectives of the Agency, the City of Temecula (the "City "), and the state of California in
complying with their obligation to decent housing and a suitable living environment pursuant to
the goals and objectives identified in the City's Housing Element of the Temecula General Plan.
(e) The Residential Improvement Program, as revised by this Resolution, is
consistent with the Redevelopment Plan, the Implementation Plan adopted by the Agency on
December 7, 2004, and updated in 2009, the City's General Plan and each element thereof,
including without limitation, the City's Housing Element.
(f) The Agency first adopted its Residential Improvement Program in April
1996 and has revised it from time to time.
11087 - 0001 \1236622v1
(g) The Redevelopment Agency has duly considered all terms and conditions
of the proposed Residential Improvement Program update and believes that the revised
Residential Improvement Program is in the best interests of the Agency and City and the health,
safety, and welfare of its residents, and in accord with the public purposes and provisions of
applicable State and local law requirements.
Section 2. Approval of Residential Improvement Program. The
Redevelopment Agency hereby approves the amended and restated Residential Improvement
Program consisting of the following terms:
(a) Objectives of the Residential Improvement Program. The objectives
of the Residential Improvement Program are to:
1) Improve and preserve the community's supply of low and moderate
income housing available at affordable housing cost to persons and families of low and moderate
income both within and outside of the Project Area,
2) Prevent blight in residential neighborhoods;
3) Improve the structural integrity of the City's housing stock; and
4) Improve the health and safety of residents living in substandard
housing
(b) Eligible Propertv Owners. The Agency may provide Residential
Improvement Loans to property owners within the City who meet the following qualifications:
1) Own single family homes, townhomes and manufactured homes on
a permanent foundation;
2) The property is owner - occupied and the sole residence of the
owner; and
3) The owner's gross annual household income does not exceed that
the Riverside County moderate income established from time to time by the California
Department of Housing and Community Development or the successor State agency providing
such determinations.
(c) Residential Improvement Loan Terms. The Agency may provide
Residential Improvement Loans to eligible property owners subject to the Residential
Improvement Program budget for the Agency's fiscal year as follows:
1) Maximum Amounts of Residential Improvement Loans:
a) A Residential Improvement Loan to an eligible property
owner shall be limited to a maximum amount of ten thousand dollars ($10,000.00).
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11087- 0001 \1236622v1
b) Senior homeowners who meet the requirements of
Subsection b) are eligible for Residential Improvements Grants of up to three thousand dollars
($3,000.00) and a maximum Residential Improvement Loan of up to seven thousand dollars
($7,000.00). "Senior homeowner" shall be defined in the Manual described in Section 3 of this
Resolution.
C) Any Residential Improvement Loans or Grants in excess of
these amounts require specific Redevelopment Agency approval pursuant to a specific
agreement.
2) Basic Terms of Residential Improvement Loan.
a) The loan shall bear interest at a rate of interest of five
percent (5 %) or the average prime rate of interest quoted by banks located within the City of
Temecula as of the date of the loan, whichever is higher.
b) The loan shall become due and payable in full if the
borrower transfers title, ceases to occupy the property as his or her principal residence,
refinances with cash taken out, or otherwise defaults on the loan documents.
C) The loan shall be forgiven by the Agency after five (5)
years if the owner has continuously resided in the home and the terms have not been breached;
provided, however, that for participants in the Agency's First Time Homebuyer's Program who
borrow for the improvements described in Subsection (d)2), the loan shall be forgiven by the
Agency after ten (10) years if the owner has continuously resided in the home and the terms have
not been breached.
d) Such other terms as determined by the Executive Director
to be necessary or convenient for the implementation of the Residential Improvement Program as
determined pursuant to Section 3 of this Resolution.
(d) Eligible Residential Improvements.
1) General Improvements. The following improvements may be
funded under the Residential Improvement Program:
a) Correction of violations of Chapter 15.04, Construction
Codes, of the Temecula Municipal Code and Chapter 15.16, Fire Code, of the Temecula
Municipal Code;
b) Abatement of lead -based paints;
C) Exterior work to help preserve or protect structures,
including without limitation, painting, stucco patching, roofing, siding, window repair or
replacement, door repair or replacement, or repair or replacement of structure damaged by
termites;
d) Front or rear yard fencing;
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11087- 0001 \1236622v1
e) Repair, restoration or replacement of important parts of
structure including, but not limited to, heating systems, plumbing systems, and electrical wiring;
f) Modifications or improvements necessary to accommodate
a resident's disability, including but not limited to, wheelchair ramps, door widening, or kitchen
or bathroom modifications;
g) Repair or replacement of items deemed necessary for health
and safety by the Executive Director (or his or her designee), including without limitation, failing
sewer laterals, failing septic tank systems, and the removal, repair and clean up of mold,
beehives, or rodent infestation; and
h) Such other items as determined by the Executive Director
(or his or her designee) to be similar to the items listed above.
2) Additional Improvements for First Time Homebuvers
Program. Participants in the Agency's First Time Homebuyer's Program shall also be
eligible to fund the following items with a Residential Improvement Loan in addition to the
items described in Subsection (d)(1):
a) Replacement of missing or broken appliances;
b) Repair broken or missing irrigation and pool equipment;
and
C) Repair or replace general damage caused by neglect,
vandalism or theft.
3) Ineligible Improvements. The following improvements are not
eligible for funding through a Residential Improvement Loan or Grant, except as provided in
Subsection (d)2) or (d)1)f):
a) Swimming pools or spas.
b) Patios or shade covers.
C) Room additions.
d) Kitchen or bathroom remodels.
e) Landscaping, landscaping irrigation or hardscape.
f) Interior enhancements.
g) Demolition or conversion of garage where residence would
be left without parking required by the Temecula Municipal Code.
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11087- 0001 \1236622v1
(e) Residential Improvement Loans and Grants Subject to Agencv
Regulations. The Residential Improvement Loans and Grants shall be subject to the
regulations for the Residential Improvement Program as may be established by the Executive
Director in the "Manual for the Residential Improvement Program" as authorized in Section 3 of
this Resolution.
Section 3. Authoritv of Executive Director to Implement Residential
Improvement Program. The Executive Director of the Agency (or his designee), is hereby
directed and authorized, on behalf of the Agency, to:
(a) Take all actions necessary and appropriate to carry out and implement the
Residential Improvement Program;
(b) Administer the Agency's obligations, responsibilities and duties to be
performed under the Residential Improvement Program;
(c) Approve regulations for the administration and implementation of the
Residential Improvement Program, including but not limited to the "Manual for the Residential
Improvement Program" providing for the administrative directives and regulations necessary and
convenient for the implementation of the Residential Improvement Program in accordance with
the provisions of this Resolution, including but not limited to application processes, eligibility
requirements, eligible improvements, determination of specific income qualifications,
determination of applicable interest rate, application evaluation, contractor qualifications, and to
revise and update the Manual as needed; and
(d) Enter into and execute on behalf of the Agency all documents necessary
and convenient for the implementation and administration of the Residential Improvement
Program, including but not limited to Residential Improvement Loan agreements with eligible
property owners, operating memoranda or amendments for such agreements, maintenance
agreements, deeds of trust, purchase of title and other reports on the property, acceptances, or
certificates of completions.
Section 4. Effective Date and Applicabilitv to New Applications. This
Resolution shall be effective upon its adoption and shall be applicable to all applications for
funding under the Residential Improvement Program pending before the Agency or submitted
after this date.
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11087- 0001 \1236622v1
Item No. 28
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director /Agency Members
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: June 22, 2010
SUBJECT: Facade Improvement Program
PREPARED BY: Dana Schuma, Associate Planner
RECOMMENDATION: That the Board of Directors:
1. Adopt a resolution entitled:
RESOLUTION NO. RDA 10-
A RESOLUTION OF THE TEMECULA REDEVELOPMENT
AGENCY OF THE CITY OF TEMECULA APPROVING THE
REVISED FACADE IMPROVEMENT PROGRAM
BACKGROUND: The Facade Improvement Program was originally approved in April 1995 as a
rebate program to facilitate rehabilitation and enhance the western theme in the Tourist Retail Core
in Old Town. In July 1999, the Facade Improvement Program was revised to eliminate the
forgivable loan option and add an initial grant of up to $5,000; and a 50 percent matching rebate of
eligible costs up to a program maximum of $15,000 in RDA rebate funds.
The program offers Agency assistance to property and /or business owners in the City of Temecula
Old Town area to enhance the visual attractiveness of buildings in Old Town and reduce non-
conforming conditions. The funds can be used for exterior facade improvement, structural repair,
and /or sign removal and replacement. New construction and building additions are not eligible.
ANALYSIS: The Facade Improvement Program sets for the objectives, eligible property or
business owners, maximum facade improvement grants, eligible facade improvements, ineligible
facade improvements, and the authority of the Executive Director to implement the Facade
Improvement Program.
Staff recommends the Facade Improvement Program be revised to set forth the following terms
Program Objectives
• Encourage new and established commercial businesses to improve the appearance of their
buildings
• Create a more inviting and interesting Old Town streetscape
• Assist property owners and /or business tenants to correct deficiencies
• Bring further illumination to the Old Town area with more ambient lighting and signage
Eligibility Requirements
The Agency may provide Fapade improvement grants to all property owners or business owners in
Old Town except for new construction, non - commercial businesses, properties owned or occupied
by a public agency, or residential properties.
Maximum Facade Improvement Grant
Previously, the Facade Improvement Program provided an option for a traditional loan of up to
$50,000 to qualifying property owners. The loan had a repayment period of up to five years. The
Agency has only done one loan in the history of the program. The cost to administer loans is
prohibitive; therefore, staff believes eliminating the loan option is practical to allow for more grant
opportunities for businesses in the Old Town area. The elimination of the loan option will reduce the
total amount of Agency assistance to anyone property owner and /or business location from $50,000
to $20,000.
Authority of Executive Director
The Executive Director is specifically authorized to establish and approve the "Manual for the
Facade Improvement Program" that will address specific procedures and standard agreements and
to approve the Facade Improvement Grant Agreements.
All other provisions of the Fapade Improvement Program shall remain the same.
FISCAL IMPACT: The 2010 -2011 Fapade Improvement Program budget is $80,000
ATTACHMENT: Resolution
RESOLUTION NO. RDA 10-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF TEMECULA APPROVING THE REVISED FACADE
IMPROVEMENT PROGRAM
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Redevelopment Agency hereby finds determines and
declares that:
(a) The Redevelopment Agency of the City of Temecula ( "Agency ") is a
community redevelopment agency duly organized and existing under the Community
Redevelopment Law of the State of California, Health and Safety Code Sections 32000 et. seq.
and has been authorized to transact business and exercise the powers of a redevelopment agency
pursuant to the action of the City Council of the City of Temecula ( "City ").
(b) On June 12, 1988, the Board of Supervisors of the County of Riverside
adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside
County Redevelopment Project No. 1988 -1" (hereafter the "Plan ") in accordance with the
provisions of the Community Redevelopment Act (Health and Safety Code Sections 33000 et
seq.). On December 1, 1989, the City of Temecula was incorporated. The boundaries of the
Project Area described in the Plan are entirely within the boundaries of the City of Temecula
On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91 -08, 91-
11, 91 -14, and 91 -15 establishing the Redevelopment Agency of the City of Temecula and
transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos.
91 -11 and 91 -15, the City of Temecula and the Redevelopment Agency of the City of Temecula
assumed jurisdiction over the Plan as of July 1, 1991. These Ordinances are codified in Chapter
2.52 of the Temecula Municipal Code.
(c) One of the goals of the Plan is to improve the appearance of the Project
Area by assisting in the improvement and maintenance of facades of buildings within the Project
Area.
(d) The Agency first adopted its Fagade Improvement Program in April 1995
and has revised it from time to time in order to help property and /or business owners in Old
Town rehabilitate commercial storefronts and buildings.
(e) The Fagade Improvement Program is intended to effectuate the goals and
objectives of the Community Redevelopment Law, the City's General Plan, and the Plan.
(f) The Fagade Improvement Program, as revised by this Resolution, is
consistent with the Redevelopment Plan, the Implementation Plan adopted by the Agency on
December 7, 2004, and updated in 2009, the City's General Plan and each element thereof.
(g) The Agency Board has duly considered all terms and conditions of the
proposed Fagade Improvement Program update and believes that the revised Fagade
11087 - 0001 \1236459v1
Revised June 14, 2010
Improvement Program is in the best interests of the Agency and City and the health, safety, and
welfare of its residents, and in accord with the public purposes and provisions of applicable State
and local law requirements.
Section 2. Approval of Facade Improvement Program. The Agency
hereby approves the amended and restated Facade Improvement Program available to property
owners or business owners located within the boundaries of the Old Town Specific Plan ( "Old
Town ") consisting of the following terms:
(a) Objectives of the Facade Improvement Program. The objectives
of the Facade Improvement Program are to:
1) Encourage new and established commercial businesses to improve
the appearance of their buildings and ultimately attract more customers and increase sales.
2) Create a more inviting and interesting Old Town streetscape
making it a great place to walk, shop, dine, and experience.
3) Assist property owners and /or business tenants to correct
deficiencies such as code and/or seismic violations.
4) Bring further illumination to the Old Town area with more ambient
lighting and signage giving the area a more vibrate and welcoming atmosphere.
(b) Eligible Propertv or Business Owners. The Agency may provide
Facade improvement grants to all property owners or business owners in Old Town except for
1) New construction;
2) Non - commercial businesses'
3) Properties owned or occupied by a public agency; or
4) Residential properties (owned or rented).
(c) Maximum Facade Improvement Grants. The Agency may provide
improvement grants to eligible property owners or business owners located Old Town subject to
the applicable Agency budget for the fiscal year as follows:
1) A facade improvement grant to any one property owner and/or
business location shall be limited to a total of twenty thousand dollars ($20,000.00).
2) The Agency may provide a qualified property and /or business
owners with a facade improvement grant of up to five thousand dollars ($5,000.00).
3) The Agency may provide a qualified property and /or business
owner with a facade improvement grant for seismic deficiencies up to fifteen thousand dollars
($15,000.00).
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11087- 0001 \1236459v1
Revised June 14, 2010
4) Any facade improvement grants in excess of these amounts require
specific Redevelopment Agency approval pursuant to a specific agreement.
(d) Eligible Facade Improvements. The following facade improvements
may be funded under the Facade Improvement Program:
1) New facade construction appropriately scaled within an existing
building;
signs;
2) Window replacement and window framing;
3) Painting, stucco or other exterior improvements;
4) Awnings, murals marquees, parapet walls, arcade /canopy facade;
5) Removal and replacement of old signage with new conforming
6) Tile /pavement between entry and public sidewalk;
7) Accessibility improvements for disabled;
8) Landscape features where appropriate for a facade;
9) Hardscape improvements such as fountains, firepits, garden
structures, trellises, wind barriers, or patios;
10) seismic and foundation repairs and fire sprinklers and fire walls
required by the City's Fire Code;
11) Design costs and permit fees for eligible improvements; or
12) Such other facade improvements as determined by the Executive
Director (or his or her designee) to be similar to the listed improvements and meet the general
goals of the Old Town Specific Plan.
(e) Ineligible Facade Improvements. The following improvements are not
eligible for funding under the Facade Improvement Program:
seismic upgrades;
1) Maintenance type improvements such as roofing;
2) All interior improvements except for display lighting;
3) General structural upgrade improvements except for eligible
4) New construction;
5) Existing work or completed improvements;
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11087- 0001 \1236459v1
Revised June 14, 2010
6) Any improvements not specifically reviewed and approved by
Executive Director (or his or her designee);
7) Equipment and trade fixtures;
8) Operation and maintenance costs, including existing debt service;
and
9) Such other items as determined by the Executive Director (or his
or her designee) to be similar to the listed items.
(f) Facade Improvement Grants Subject to Agencv Regulations. The
Facade Improvement Grants shall be subject to the regulations for the Facade Improvement
Program as may be established by the Executive Director in the "Manual for the Facade
Improvement Program" as authorized in Section 3 of this Resolution.
Section 3. Authoritv of Executive Director to Implement Facade
Improvement Program. The Executive Director of the Agency (or his designee), is hereby
directed and authorized, on behalf of the Agency, to:
(a) Take all actions necessary and appropriate to carry out and implement the
Facade Improvement Program;
(b) Administer the Agency's obligations, responsibilities and duties to be
performed under the Facade Improvement Program;
(c) Approve regulations for the administration and implementation of the
Facade Improvement Program, including but not limited to the "Manual for the Facade
Improvement Program" providing for the administrative directives and regulations necessary and
convenient for the implementation of the Facade Improvement Program in accordance with the
provisions of this Resolution, including but not limited to application processes, eligibility
requirements, eligible improvements, application evaluation, contractor qualifications, and to
revise and update the Manual as needed; and
(d) Enter into and execute on behalf of the Agency all documents necessary
and convenient for the implementation and administration of the Facade Improvement Program,
including but not limited to facade grant agreements with eligible property and business owners,
operating memoranda or amendments for such agreements, maintenance agreements, deeds of
trust, purchase of title and other reports on the property, acceptances, or certificates of
completions.
Section 4. Effective Date and Applicabilitv to New Applications. This
Resolution shall be effective upon its adoption and shall be applicable to all applications for
funding under the Facade Improvement Program pending before the Agency or submitted after
this date.
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11087- 0001 \1236459v1
Item No. 29
Approvals
City Attorney
Director of Finance
City Manager
TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Executive Director /Agency Members
FROM: Patrick Richardson, Planning and Redevelopment Director
DATE: June 22, 2010
SUBJECT: Annual Contract for Keyser Marston Associates, Inc. for Real Estate Economic and
Affordable Housing Consulting Services for Fiscal Year 2010 -2011
Prepared By: Luke Watson, Management Analyst
RECOMMENDATION: That the Agency Members:
Approve an agreement with Keyser Marston Associates, Inc. in the amount of $50,000 to
provide as- needed Real Estate Economic Consulting Services for Fiscal Year 2010 -2011.
2. Approve an agreement with Keyser Marston Associates, Inc. in the amount of $75,000 to
provide as- needed Affordable Housing Consulting Services for Fiscal Year 2010 -2011.
BACKGROUND: The Agency is currently pursuing a comprehensive range of redevelopment
projects, including commercial, institutional, affordable housing and other revitalization initiatives.
Keyser Marston Associates, Inc. (KMA) has provided economic consulting services to assist the
Temecula Redevelopment Agency (Agency) with its redevelopment and affordable housing projects
for over ten years. The attached one -year agreement is to provide as- needed services for projects
through Fiscal Year 2010 -2011. In order to assist the Agency with these activities, KMA will provide
the following menu of consulting services on an as- needed basis:
1. Market Support and Valuation
2. Fiscal and Economic Impact
3. Financial Analysis
4. Identification of Financing Sources
5. Transaction of Structuring /Negotiations
6. Preparation of Reuse Analyses and Summary Reports
7. Public Hearings and Presentations
KMA will provide all services, as requested, on a time -and materials basis subject to the attached
standard hourly billing rate schedule.
FISCAL IMPACT: Funds in the amount of $50,000 for real estate economic consulting
services have been budgeted for in Account Number 280 - 199 - 999 -5250 (Other Outside Services) in
the Redevelopment Agency's 2010 -2011 Redevelopment operating budget. Funds in the amount of
$75,000 for affordable housing consulting services have been budgeted for in Account Number 165-
199- 999 -5250 (Other Outside Services) in the Redevelopment Agency's 2010 -2011 20% Housing
Set -Aside operating budget
ATTACHMENTS: Real Estate Economic Consulting Services Contract for Fiscal Year
2010 -11
Affordable Housing Consulting Services Contract for Fiscal Year
2010 -11
AGREEMENT FOR CONSULTANT SERVICES BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND KEYSER
MARSTON ASSOCIATES
KEYSER MARSTON ASSOCIATES, INC.
ANNUAL AGREEMENT FOR 2010 -2011
FOR ECONOMIC CONSULTING SERVICES
THIS AGREEMENT is made and effective as of July 1, 2010, between the
Redevelopment Agency of the City of Temecula , a public body, corporate and politic
(hereinafter referred to as "City "), and Keyser Marston Associates, Inc. (hereinafter referred to
as "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
TERM
This Agreement shall commence on July 1, 2010, and shall remain and continue in
effect until tasks described herein are completed, but in no event later than June 30, 2011
unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A,
attached hereto and incorporated herein as though set forth in full. Consultant shall complete
the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all time faithfully, competently and to the best of his or her ability,
experience, and talent, perform all tasks described herein. Consultant shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in providing
similar services as are required of Consultant hereunder in meeting its obligations under this
Agreement.
4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates
and Schedule, attached hereto and incorporated herein by this reference as though set forth in
full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the
payment rates and schedule of payment, are null and void. This amount shall not exceed
FIFTY THOUSAND DOLLARS and 00 /100 ($50,000.00) for the total term of this agreement
unless additional payment is approved as provided in this Agreement.
b. Consultant shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth
herein, unless such additional services are authorized in advance and in writing by the
Executive Director. Consultant shall be compensated for any additional services in the amounts
and in the manner as agreed to by Executive Director and Artist at the time City's written
authorization is given to Consultant for the performance of said services.
C. Consultant will submit invoices monthly for actual services performed.
Invoices shall be submitted between the first and fifteenth business day of each month, for
services provided in the previous month. Payment shall be made within thirty (30) days of
receipt of each invoice as to all non - disputed fees. If the City disputes any of Consultant's fees,
it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any
disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement,
Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in
such form as approved by the Director of Finance.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
a. The City may at any time, for any reason, with or without cause, suspend
or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten
(10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately
cease all work under this Agreement, unless the notice provides otherwise. If the City suspends
or terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the
City shall pay to Consultant the actual value of the work performed up to the time of termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section
entitled "PAYMENT" herein.
6. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement
shall constitute a default. In the event that Consultant is in default for cause under the terms of
this Agreement, City shall have no obligation or duty to continue compensating Consultant for
any work performed after the date of default and can terminate this Agreement immediately by
written notice to the Consultant. If such failure by the Consultant to make progress in the
performance of work hereunder arises out of causes beyond the Consultant's control, and
without fault or negligence of the Consultant, it shall not be considered a default.
b. If the Executive Director or his delegate determines that the Consultant is
in default in the performance of any of the terms or conditions of this Agreement, it shall serve
the Consultant with written notice of the default. The Consultant shall have ten (10) days after
service upon it of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Consultant fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to terminate
this Agreement without further notice and without prejudice to any other remedy to which it may
be entitled at law, in equity or under this Agreement.
OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement. Consultant shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Consultant shall provide free access to the representatives of
City or its designees at reasonable times to such books and records, shall give City the right to
examine and audit said books and records, shall permit City to make transcripts there from as
necessary, and shall allow inspection of all work, data, documents, proceedings and activities
related to this Agreement. Such records, together with supporting documents, shall be
maintained for a period of three (3) years after receipt of final payment.
b. Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files containing
data generated for the work, surveys, notes, and other documents prepared in the course of
providing the services to be performed pursuant to this Agreement shall become the sole
property of the City and may be used, reused or otherwise disposed of by the City without the
permission of the Consultant. With respect to computer files containing data generated for the
work, Consultant shall make available to the City, upon reasonable written request by the City,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files, with exception of Consultant's proprietary computer
models.
8. INDEMNIFICATION
The Consultant agrees to defend, indemnify, protect and hold harmless the City, District,
and /or Agency, its officers, officials, employees and volunteers from and against any and all
claims, demands, losses, defense costs or expenses, including attorney fees and expert witness
fees, or liability of any kind or nature which the City, District and /or Agency, its officers, agents,
employees or volunteers may sustain or incur or which may be imposed upon them for injury to
or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts
or omissions arising out of or in any way related to the performance or non - performance of this
Agreement, excepting only liability arising out of the negligence of the City.
9. INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01
06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles,
a non -owned auto endorsement to the General Liability policy described above is acceptable.
3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance. If the Consultant has no employees while
performing under this Agreement, worker's compensation insurance is not required, but
Consultant shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Consultant's profession.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less
than:
1) General Liability: One million ($1,000,000) per occurrence for
bodily injury, personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit is used, either the general aggregate limit shall apply
separately to this project /location or the general aggregate limit shall be twice the required
occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for
bodily injury and property damage.
3) Worker's Compensation as required by the State of California;
Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
4) Professional Liability Coverage: One million ($1,000,000) per
claim and in aggregate.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured
retentions shall not exceed One Hundred Thousand Dollars and No Cents ($100,000).
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
1) The City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees and
volunteers are to be covered as insured's, as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations of the
Consultant; premises owned, occupied or used by the Consultant; or automobiles owned,
leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations
on the scope of protection afforded to the City, the Temecula Community Services District, the
Redevelopment Agency of the City of Temecula, their officers, officials, employees or
volunteers.
2) For any claims related to this project, the Consultant's insurance
coverage shall be primary insurance as respects the City, the Temecula Community Services
District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees
and volunteers. Any insurance or self- insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Consultant's insurance and shall not contribute
with it.
3) Any failure to comply with reporting or other provisions of the
policies including breaches of warranties shall not affect coverage provided to the City, the
Temecula Community Services District, the Redevelopment Agency of the City of Temecula,
their officers, officials, employees or volunteers.
4) The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
5) Each insurance policy required by this agreement shall be
endorsed to state: should the policy be canceled before the expiration date the issuing insurer
will endeavor to mail thirty (30) days' prior written notice to the City.
6) If insurance coverage is canceled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and /or
notify the City via certified mail, return receipt requested of the changes to or cancellation of the
policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coverage. Consultant shall furnish the City with original
endorsements effecting coverage required by this clause. The endorsements are to be signed
by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to
be on forms provided by the City. All endorsements are to be received and approved by the
City before work commences. As an alternative to the City's forms, the Consultant's insurer
may provide complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications.
10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly
independent contractor. The personnel performing the services under this Agreement on behalf
of Consultant shall at all times be under Consultant's exclusive direction and control. Neither
City nor a