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HomeMy WebLinkAbout091118 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk(951)694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL SPECIAL MEETING TEMECULA DUCK POND 28250 YNEZ ROAD TEMECULA, CALIFORNIA 92591 SEPTEMBER 11, 2018— 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. No Closed Session Next in Order: Ordinance: 18-08 Resolution: 18-62 CALL TO ORDER: Mayor Matt Rahn Invocation: To Be Announced Flag Salute: To Be Announced ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PRESENTATIONS/PROCLAMATIONS Presentation of Proclamation for National Preparedness Month PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. 1 CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of August 28, 2018 RECOMMENDATION: 2.1 That the City Council approve the action minutes of August 28, 2018. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve an Agreement for Toxicology and Lab Services with Bio Tox Laboratories, Inc. for the Temecula Police Department RECOMMENDATION: 4.1 That the City Council approve an Agreement for Toxicology and Lab Services with Bio Tox Laboratories, Inc., in the amount of $50,000, for Fiscal Year 2018-19 and a total five-year contract amount of $250,000. 2 5 Approve an Agreement with Bibliotheca, LLC for the Purchase and Installation of a Bin Sorter at the Ronald H. Roberts Temecula Public Library RECOMMENDATION: 5.1 Approve an Agreement with Bibliotheca, LLC, in the amount of $97,870 for the Purchase and Installation of a Bin Sorter at the Ronald H. Roberts Temecula Public Library; 5.2 Authorize the City Manager to approve contract change orders up to 10% of the contract amount or $9,787. 6 Approve the Third Amendment to the Consultant Services Agreement with Helixstorm for Technology Services to Include but not Limited to Virtualization, Network Support, and System Administration RECOMMENDATION: 6.1 That the City Council approve the Third Amendment to the Consultant Services Agreement with Helixstorm, in the amount of $100,000, for Technology-related services, for a total agreement amount of$300,000. 7 Award a Construction Contract to American Asphalt South, Inc. for the FY18/19 Citywide Slurry Program, PW18-09 RECOMMENDATION: 7.1 Award a Construction Contract to American Asphalt South, Inc., in the amount of $1,406,372.58, for FY18/19 Citywide Slurry Program, PW18-09; 7.2 Authorize the City Manager to approve change orders not to exceed the total project budget of$1,406,372.58; 7.3 Make a finding that the FY18/19 Citywide Slurry Program, PW18-09 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 8 Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03 RECOMMENDATION: 8.1 Accept the improvements for the Pavement Rehabilitation Program — Residential Slurry Seal, PW17-03, as complete; 8.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 8.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 3 9 Accept Improvements and File the Notice of Completion for Sidewalks — Ynez Road (Winchester Road to County Center Drive), PW17-22 RECOMMENDATION: 9.1 Accept the improvements for Sidewalks—Ynez Road (Winchester Road to County Center Drive), PW17-22, as complete; 9.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 9.3 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. ******************** RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ******************** 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: CSD 18-01 Resolution: CSD 18-05 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the Board of Directors addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the Board of Directors addressing that item. Each speaker is limited to five minutes. CSD CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Community Services District request specific items be removed from the Consent Calendar for separate action. 10 Approve the Action Minutes of August 28, 2018 RECOMMENDATION: 10.1 That the Board of Directors approve the action minutes of August 28, 2018. 11 Approve a Musical Services Agreement with the Inland Valley Symphony for Free Concerts for Fiscal Year 2018-19 RECOMMENDATION: 11.1 That the Board of Directors approve a Musical Services Agreement with the Inland Valley Symphony, in the amount of $38,000, for four free musical performances and educational outreach in Fiscal Year 2018-19. 5 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, September 25, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 6 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY— No Meeting TEMECULA HOUSING AUTHORITY— No Meeting TEMECULA PUBLIC FINANCING AUTHORITY— No Meeting RECONVENE TEMECULA CITY COUNCIL COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, September 25, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports and public Closed Session information) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time,the agenda packet may also be accessed on the City's website—TemeculaCA.gov—and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula, 8:00 AM—5:00 PM). In addition,such material will be made available on the City's website—TemeculaCA.gov—and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting.please contact the City Clerk's Department,(951)694-6444. 7 PRESENTATIONS ci, ' ' "'"'s*gtr0 -•`,. � a+s"ssi ,oj , The City of Temecula PROCLAMA TION WHEREAS, "National Preparedness Month," occurring each year in September, creates an important opportunity for every resident of Riverside County to prepare their homes,businesses,and communities for any type of emergency including natural disasters and potential terrorist attacks;and WHEREAS,investing in the preparedness of ourselves,our families,businesses,and communities can reduce fatalities and economic devastation in our communities and in our nation;and WHEREAS, injury and loss of life is avoidable when individuals take responsibility for preparing their families and their communities;and WHEREAS, Emergency Management programs such as its RivCoReady campaign, Federal Emergency Management Agency's Ready Campaign, Citizen Corps, and other federal, state, local, tribal, territorial, private, and volunteer agencies are working to increase public activities in preparing for emergencies and to educate individuals on how to take action;and WHEREAS,emergency preparedness is the responsibility of every citizen of Riverside County and all citizens are urged to make preparedness a priority and work together as a team, to ensure that individuals, families, and communities are prepared for disasters and emergencies of any type;and WHEREAS, the Federal Emergency Management Agency (FEMA) has announced the 2018 National Preparedness Month theme of"Disasters Happen. Prepare Now. Learn How;"and WHEREAS, all citizens of Riverside County are encouraged to prepare an emergency communication plan, participate in citizen preparedness activities, and visit the county's preparedness campaign's website at RivCoReady.org for important preparedness tips and information. NOW,THEREFORE,I,Matt Rahn,on behalf of the City Council of the City of Temecula,do hereby proclaim the month of September,2018 to be "National Preparedness Month " and call on all Government agencies, private organizations, and the people and businesses to develop their own emergency preparedness plan,and work together toward creating a more prepared society. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this eleventh day of September.2018. Matt Rahn,Mayor Randi Johl,City Clerk CITY COUNCIL CONSENT Item No . 1 Approvals ��� City Attorney `�'�" 1 Director of Finance JitAv City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, Legislative Director/City Clerk DATE: September 11, 2018 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, Legislative Director/City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No . 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 28, 2018 – 7:00 PM 6:00 PM - The City Council convened in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. The City Council will meet in closed session pursuant to Government Code Section 54956.8 regarding the potential conveyance of remainder portions of 44987 Old Town Front Street (APNs 922-210-057, 922-210-058, 922-210-059, and 922-210-060) owned by the City. The parties to the negotiations for the potential conveyance of property are: Front St.—Service Station, LP, Hagop (Jack) Kofdarali, General Partner and the City of Temecula. Negotiators for the City of Temecula are: Aaron Adams, Peter Thorson, Paula Gutierrez Baeza, Greg Butler, and Patrick Thomas. Under negotiation are price and terms of the potential conveyance of the property to Front St.—Service Station, LP. 2. CONFERENCE WITH LEGAL COUNSEL–POTENTIAL LITIGATION. The City Council will meet in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to three matters of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City. Based on existing facts and circumstances, the City Council will decide whether to defend or initiate litigation. At 7:02 PM Mayor Rahn called the City Council meeting to order to consider the matters described on the regular agenda. CALL TO ORDER: Mayor Matt Rahn Prelude Music: Susan Miyamoto Invocation: Senior Pastor Luke Kirkendall of Southwest Christian Church Flag Salute: Council Member Maryann Edwards ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PRESENTATIONS/PROCLAMATIONS Presentation of Proclamation for Constitution Week Presentation of Certificate of Recognition to Stan Sakai for Art Exhibition at the Temecula Valley Museum Action Minutes 082818 1 PUBLIC COMMENTS The following individual addressed the City Council on a non-agenda item: • Nancy Harvey CITY COUNCIL REPORTS CONSENT CALENDAR NOTICE TO THE PUBLIC 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of August 14, 2018 - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 2.1 That the City Council approve the Action Minutes and Joint Meeting Action Minutes of August 14, 2018. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Approve the City Treasurer's Report as of June 30, 2018 - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: Action Minutes 082818 2 4.1 That the City Council approve and file the City Treasurer's Report as of June 30, 2018. 5 Accept the Notice of Draft Amendments for the 2018 Conflict of Interest Code -Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 5.1 That the City Council accept the notice of draft amendments to the Conflict of Interest Code for the 2018 calendar year pursuant to Government Code 87306.5 and direct the City Clerk to publish the Notice of Intent. 6 Approve the Sponsorship Agreement with Michelle's Place for the Michelle's Place Walk of Hope (At the Request of Economic Development Committee Comerchero/Edwards) - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 6.1 That the City Council approve the Sponsorship Agreement with Michelle's Place for City-support costs, in the amount of $600 and in-kind promotional services of $11,415, for the Michelle's Place Walk of Hope. 7 Approve the Sponsorship Agreement with Valley of the Mist Quilt Guild for the 2018 Old Town Temecula Outdoor Quilt Show (At the Request of Economic Development Committee Comerchero/Edwards)-Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 7.1 That the City Council approve the Sponsorship Agreement with Valley of the Mist Quilt Guild for City-support costs, in the amount of$1,050 and in-kind promotional services of $11,415, for the 2018 Old Town Temecula Outdoor Quilt Show. 8 Approve an Agreement for Consultant Services with Jeff Katz Architectural Corp. (JKA) for the Community Recreation Center (CRC) Pool Enhancement, PW18-02 - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 8.1 Approve an Agreement for Consultant Services with Jeff Katz Architectural Corp. (JKA), in the amount of$117,900, for the Design of Community Recreation Center (CRC) Pool Enhancement, PW18-02; Action Minutes 082818 3 8.2 Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $11,790, which is equal to 10% of the Agreement amount. 9 Approve the Second Amendment to the Agreement for Minor Maintenance Services with Merchants Building Maintenance, LLC for Janitorial Services for City Facilities - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 9.1 That the City Council approve the Second Amendment to the Agreement for Minor Maintenance Services with Merchants Building Maintenance, LLC for Janitorial Services for City Facilities. 10 Accept Improvements, Increase Contingency, and File the Notice of Completion for the Pavement Rehabilitation Program — Margarita Road (Rancho California Road to Temecula Parkway), PW12-11 - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 10.1 Accept the improvements for the Pavement Rehabilitation Program — Margarita Road (Rancho California Road to Temecula Parkway), PW12-11 as complete; 10.2 Approve an increase to the project contingency in the amount of $23,707.97 and approve an increase of the City Manager authorization to execute change orders by the same amount; 10.3 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 10.4 Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. 11 Approve the Specifications, and Authorize the Solicitation of Construction Bids for Pavement Rehabilitation Program — Ynez Road, Equity Drive and County Center Drive, PW18-01 - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 11.1 Approve the Specifications, and authorize the Department of Public Works to solicit construction bids for the Pavement Rehabilitation Program — Ynez Road, Equity Drive and County Center Drive, PW 18-01; 11.2 Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Action Minutes 082818 4 12 Receive and File Temporary Street Closures for 2018 Autumnfest Events — Receive and file. RECOMMENDATION: 12.1 That the City Council receive and file the following proposed action by the City Manager: HEALTH & COMMUNITY RESOURCE FAIR GREEK FESTIVAL TEMECULA SAFE SOCAL DIVAS OF BLUES FESTIVAL VETERAN'S DAY RECESS: At 7:35 PM, the City Council recessed and convened as the Temecula Community Services District Meeting and the Temecula Public Financing Authority Meeting. At 7:40 PM, the City Council resumed with the remainder of the City Council Agenda. RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 16 Introduce an Ordinance Amending Section 2.40.100 of the Temecula Municipal Code Relating to Compensation for City Commissioners and Board Members (At the Request of Mayor Rahn and Mayor Pro Tempore Naqqar) - Approved Staff Recommendation (5-0); Motion by Comerchero, Second by Edwards; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 16.1 That the City Council introduce an ordinance entitled: ORDINANCE NO. 18-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 2.40.100 OF THE TEMECULA MUNICIPAL CODE RELATING TO COMPENSATION FOR CITY BOARD AND COMMISSION MEMBERS DEPARTMENTAL REPORTS 17 Community Development Department Monthly Report 18 Fire Department Monthly Report 19 Police Department Monthly Report 20 Public Works Department Monthly Report Action Minutes 082818 5 COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorsen reported that the City Council authorized the filing of nuisance actions against two marijuana dispensaries. ADJOURNMENT At 8:03 PM, the City Council meeting was formally adjourned to a Special Meeting on Tuesday, September 11, 2018, at 7:00 PM, Temecula Duck Pond, 28250 Ynez Road, Temecula, CA 92591. Next regular meeting: Tuesday, September 25, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 082818 6 Item No . 3 Approvals City Attorney Director of Finance City Manager CGS CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: September 11, 2018 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Fiscal Services Manager Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: 1. Resolution 2. List of Demands RESOLUTION NO. 18- 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$2,072,925.14. 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 11th day of September, 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11th day of September, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk CITY OF TEMECULA LIST OF DEMANDS 08/16/2018 TOTAL CHECK RUN: $ 798,097.96 08/23/2018 TOTAL CHECK RUN: 783,048.12 08/23/2018 TOTAL PAYROLL RUN: 491,779.06 TOTAL LIST OF DEMANDS FOR 09/11/2018 COUNCIL MEETING: $2,072,925.14 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 461,087.47 125 PEG PUBLIC EDUCATION&GOVERNMENT 24,400.80 140 COMMUNITY DEV BLOCK GRANT 18,612.39 165 AFFORDABLE HOUSING 2,890.04 170 MEASURE A FUND 50.00 190 TEMECULA COMMUNITY SERVICES DISTRICT 191,940.13 192 TCSD SERVICE LEVEL B STREET LIGHTS 245.20 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 8,590.33 196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT. 912.89 197 TEMECULA LIBRARY FUND 7,544.58 210 CAPITAL IMPROVEMENT PROJECTS FUND 716,884.27 300 INSURANCE FUND 18,088.20 305 WORKERS'COMPENSATION 836.76 320 INFORMATION TECHNOLOGY 40,495.99 325 TECHNOLOGY REPLACEMENT FUND 24,666.35 330 CENTRAL SERVICES 1,927.04 340 FACILITIES 28,307.72 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 56.91 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 56.75 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 56.91 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 56.91 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 56.91 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 56.91 478 CFD 16-01 RORIPAUGH PHASE II 124.63 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 27.49 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 200.39 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 6.97 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 2.10 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 401.58 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 2,213.80 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 8.50 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 4,075.16 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.11 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 4.24 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 1.38 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 9,083.00 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 9.84 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 3.52 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 30.23 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,009.97 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.25 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 44.66 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 23.51 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 4,343.23 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 130.06 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 1.68 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 3.33 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 10,714.43 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 20.70 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 81.66 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 580.79 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 115.26 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 61.15 $ 1,581,146.08 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 281,464.22 140 COMMUNITY DEV BLOCK GRANT 658.83 165 AFFORDABLE HOUSING 4,046.15 190 TEMECULA COMMUNITY SERVICES DISTRICT 153,804.36 192 TCSD SERVICE LEVEL B STREET LIGHTS 449.04 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,316.86 196 TCSD SERVICE LEVEL"L"LAKE PARK MAINT. 317.95 197 TEMECULA LIBRARY FUND 2,064.91 300 INSURANCE FUND 688.43 305 WORKERS'COMPENSATION 1,859.30 320 INFORMATION TECHNOLOGY 31,259.05 330 CENTRAL SERVICES 3,634.31 340 FACILITIES 8,146.92 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 103.94 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 104.07 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 103.94 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 103.94 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 103.94 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 103.94 478 CFD 16-01 RORIPAUGH PHASE II 235.63 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 2.17 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 27.52 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 17.48 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 3.80 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 27.61 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 12.10 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 13.81 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 129.31 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.34 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7.61 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.77 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 83.28 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 17.27 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 6.56 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 6.16 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 19.15 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.58 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 79.76 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 41.52 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 105.29 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 180.28 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.19 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.33 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 148.78 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 37.34 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 2.13 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6.35 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 215.65 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 3.19 491,779.06 TOTAL BY FUND: $2,072,925.14 apChkLst Final Check List Page: 1 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK Check# Date Vendor Description Amount Paid Check Total 3890 07/10/2018 006887 UNION BANK OF CALIFORNIA 016868 LEAGUE OF AMERICAN LW MEMBERSHIP:PETERS,M. 40.00 BICYCLISTS 000515 TEMECULA VALLEY CHAMBER LW STATE OF THE CITY REGIST: -45.00 OF,COMMERCE PLANNING 000747 AMERICAN PLANNING LW CONF REGISTRATION:FISK,S. 580.00 ASSOCIATION 000747 AMERICAN PLANNING LW CONF REGISTRATION:COOPER,S. 823.00 ASSOCIATION 000747 AMERICAN PLANNING LW CONF REGISTRATION:PETERS,M. 580.00 ASSOCIATION 000747 AMERICAN PLANNING LW CONF REGISTRATION:JONES,E. 545.00 ASSOCIATION 000747 AMERICAN PLANNING LW CONF REGISTRATION:WEST,D. 375.00 ASSOCIATION 000747 AMERICAN PLANNING LW CONF REGISTRATION:RABIDOU, 545.00 ASSOCIATION B. 000747 AMERICAN PLANNING LW CONF REGISTRATION:CARDENAS, 375.00 ASSOCIATION J. 005963 LORMAN EDUCATION LW PROF TRAINING MEMBERSHIP: 380.63 SERVICES PETERS,M. 006714 SHERATON HOTEL LW CONF LODGING:FISK,S.10/7-10/9 243.42 006714 SHERATON HOTEL LW CONF LODGING:PETERS,M. 243.42 10/7-10/9 006714 SHERATON HOTEL LW CONF LODGING:JONES,E. 243.42 10/7-10/9 000747 AMERICAN PLANNING LW CONF REGISTRATION:WATSON,L. 545.00 5,473.89 ASSOCIATION 3936 07/20/2018 006887 UNION BANK OF CALIFORNIA 018979 ICMA AAANNUAL DUES:CITY AGENCY 1,400.00 020829 MURRIETA CHAMBER OF AA REGIST:STATE OF THE CITY: 50.00 COMMERCE LOWREY/TOV 018979 ICMA AA CONF REGIST:ADAMS 9/23-9/26 685.00 013218 SOROS MEDITERRANEAN AA RFRSHMNTS:CITY ATTY MEETING 126.75 GRILL 6/12/18 019321 VISIT TEMECULA VALLEY AA REGIST:STATE OF THE TOURISM: 10.00 STEWART 020828 KEURIG GREEN MOUNTAIN AA REPLACEMENT OF BROKEN 184.86 MACHINE 017736 FEAST CALIFORNIA CAFE,LLC, AA RFRSHMNTS:CITY ATTY MTG 6/26 58.12 DBA CORNER BAKERY CAFE 015354 FACEBOOK.COM AAS.A.F.E.3-MINUTE BAG DELIVERY 12.74 015354 FACEBOOK.COM AAS.A.F.E.3-MINUTE BAG DELIVERY 7.26 2,534.73 Pagel apChkLst Final Check List Page: 2 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 3941 08/08/2018 007282 AMAZON COM INC, MISC OFC SUPPLIES:FINANCE 73.00 SYNCB/AMAZON MISC OFC SUPPLIES:FINANCE 23.98 MISC OFC SUPPLIES:FINANCE 6.35 103.33 3942 08/02/2018 001212 SO CALIF GAS COMPANY JUL 060-293-3315-7:28922 PUJOL ST 14.79 14.79 3943 08/02/2018 001212 SO CALIF GAS COMPANY JUL 181-383-8881-6:28314 MERCEDES 18.57 18.57 ST 3944 08/02/2018 001212 SO CALIF GAS COMPANY JUL 133-040-7373-0:43210 BUS PARK 18.57 18.57 DR 3945 08/02/2018 001212 SO CALIF GAS COMPANY JUL 028-025-1468-3:41375 MCCABE CT 19.51 19.51 3946 08/02/2018 001212 SO CALIF GAS COMPANY JUL 125-244-2108-3:30600 PAUBA RD 24.23 24.23 3947 08/02/2018 001212 SO CALIF GAS COMPANY JUL 101-525-0950-0:28816 PUJOL ST 25.17 25.17 3948 08/02/2018 001212 SO CALIF GAS COMPANY JUL 026-671-2909-8:42051 MAIN ST 25.17 25.17 3949 08/02/2018 001212 SO CALIF GAS COMPANY JUL 129-582-9784-3:43230 BUS PARK 28.93 28.93 DR 3950 08/02/2018 001212 SO CALIF GAS COMPANY JUL 091-024-9300-5:30875 RANCHO 309.90 309.90 VISTA 3951 08/02/2018 001212 SO CALIF GAS COMPANY JUL 129-535-4236-7:41000 MAIN ST 484.83 484.83 3952 08/02/2018 001212 SO CALIF GAS COMPANY JUL 021-725-0775-4:41845 6TH ST 71.39 71.39 3953 08/09/2018 002390 EASTERN MUNICIPAL WATER JUNE WATER METER:39569 577.40 577.40 DIST SERAPHINA RD 3954 08/08/2018 000537 SO CALIF EDISON JUL 2-00-397-5042:43200 BUS PARK DR 6,732.92 6,732.92 #1 3955 08/09/2018 001212 SO CALIF GAS COMPANY JUL 098-255-9828-8:29119 MARGARITA 45.12 45.12 RD 3956 08/09/2018 001212 SO CALIF GAS COMPANY JUL 117-188-6393-6:32131 S LOOP RD 47.97 47.97 3957 08/03/2018 018858 FRONTIER CALIFORNIA INC JUL INTERNET SVCS:EXT DMV INET 107.84 107.84 LINE Page2 apChkLst Final Check List Page: 3 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 3958 08/03/2018 018858 FRONTIER CALIFORNIA INC JUL INTERNET SVCS:FIRE STN 73 117.84 117.84 3959 08/03/2018 018858 FRONTIER CALIFORNIA INC JUL INTERNET SVCS:C.MUSEUM,GIFT 126.98 126.98 SHOP 3960 08/03/2018 018858 FRONTIER CALIFORNIA INC JUL INTERNET SVCS:TCC 146.98 146.98 3961 08/03/2018 018858 FRONTIER CALIFORNIA INC JUL INTERNET SVCS:SENIOR CENTER 146.98 146.98 3962 08/03/2018 018858 FRONTIER CALIFORNIA INC JUL INTERNET SVCS:THEATER 146.98 146.98 3963 08/03/2018 018858 FRONTIER CALIFORNIA INC JUL INTERNET SVCS:LIBRARY 186.98 186.98 3964 08/03/2018 018858 FRONTIER CALIFORNIA INC JUL INTERNET SVCS:CITY HALL 291.98 291.98 3965 08/13/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:EOC 136.64 136.64 3966 08/14/2018 007282 AMAZON COM INC, BOOKS/COLLECTIONS:LIBRARY 314.95 SYNCB/AMAZON BOOKS/COLLECTIONS:LIBRARY 34.71 BOOKS/COLLECTIONS:LIBRARY 28.06 POE+8 PORT SWITCH:INFO TECH 136.55 514.27 3967 08/15/2018 007282 AMAZON COM INC, SUPPLIES:SUMMER DAY CAMP 53.99 SYNCB/AMAZON AMAZON SUPPLIES:EOC 485.00 SUPPLIES:SUMMER DAY CAMP 116.08 SUPPLIES:SUMMER DAY CAMP 329.97 SUPPLIES:SUMMER DAY CAMP 24.29 1,009.33 3968 08/16/2018 007282 AMAZON COM INC, USE TAX:OFFICE EQUIP: -8.68 SYNCB/AMAZON PREVENTION MISC EQUIP:STA 73 303.42 OFFICE EQUIP:PREVENTION 435.64 BLDG &SAFETY-TEXTBOOKS 43.25 BLDG &SAFETY-TEXTBOOKS 43.25 MISC SUPPLIES&TOOLS:PREV 119.55 MISC SUPPLIES AND TOOLS:PREV -17.53 MISC SUPPLIES&TOOLS:PREV 55.22 974.12 Page:3 apChkLst Final Check List Page: 4 08116/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 3969 08/16/2018 006887 UNION BANK OF CALIFORNIA 008530 WITMER PUBLIC SAFETY CD FIRE EQUIPMENT:NY HOOKS STA. 308.62 GROUP 92 008834 FIRE PROTECTION CD TRAINING EQUIPMENT:BOOKS 1,395.92 PUBLICATIONS FOR EXPLORE 003792 GRAINGER CD WATER TANK DOLLIES 189.76 020830 TC LIFE SAFETY CD SPRINKLER SHUT OFF TOOLS: 205.84 FIRE STA. 020831 ALTERNATE FORCE CD MANIKIN FOR TRAINING 1,251.28 PURPOSES 007898 AMERICAN FIRE SPRINKLER CD MEMBERSHIP DUES:DEHART 100.00 ASSOC. 018389 IN-N-OUT BURGER INC CD RFRSHMNTS:FIRE CREW 6/22/18 41.65 008530 WITMER PUBLIC SAFETY CD TRAINING EQUIPMENT: 568.63 GROUP EXPLORERS 008530 WITMER PUBLIC SAFETY CD USE TAX:TRAINING EQUIPMENT -41.65 GROUP 008530 WITMER PUBLIC SAFETY CD USE TAX:FIRE EQUIP:NY HOOKS -23.63 GROUP STA.92 020830 TC LIFE SAFETY CD USE TAX:SPRINKLER SHUT OFF -16.56 TOOLS:ST 008834 FIRE PROTECTION CD USE TAX:TRAINING EQUIP:BOOKS -112.32 PUBLICATIONS 020831 ALTERNATE FORCE CD USE TAX:MANIKIN FOR TRAINING -100.68 018925 FIREHOUSE SUBS CD SUPPLIES:INSPECTOR VEHICLES 207.89 020832 OPTICS PLANET.COM CD SEARCH&RESCUE EQPMNT:FIRE 82.79 STA 12 020833 WEATHER TECH CD SUPPLIES:INSPECTOR VEHICLES 99.96 020833 WEATHER TECH CD SUPPLIES:INSPECTOR VEHICLES 1,139.40 020833 WEATHER TECH CD SUPPLIES:INSPECTOR VEHICLES 90.70 020833 WEATHER TECH CD SUPPLIES:INSPECTOR VEHICLES 659.70 000293 STADIUM PIZZA INC CD RFRSHMNTS:SUMMER 183.14 EXPLORERS PRGM 011816 D'ALESIO INC CD BILLING ADJUSTMENT 1.35 015914 BARE MANUFACTURING,INC. CD HOSE ROLLER:FIRE STA.92 410.00 020832 OPTICS PLANET.COM CD SEARCH&RESCUE EQPMNT:FIRE 165.58 STA 12 020832 OPTICS PLANET.COM CD SEARCH&RESCUE EQPMNT:FIRE 82.79 6,890.16 STA 12 3970 07/31/2018 000537 SO CALIF EDISON JUL 2-40-576-0232:44173 BUTTERFIELD 17.90 17.90 STG Page:4 apChkLst Final Check List Page: 5 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 3971 07/31/2018 000537 SO CALIF EDISON JUL 2-35-164-3663:42335 MEADOWS 25.40 25.40 PKWY 3972 07/31/2018 000537 SO CALIF EDISON JUL 2-35-164-3515:32932 LEENA WAY 25.40 25.40 3973 07/31/2018 000537 SO CALIF EDISON JUL 2-35-164-3770:43487 BUTTERFIELD 27.10 27.10 STG 3974 07/31/2018 000537 SO CALIF EDISON JUL 2-33-357-5785:44747 REDHAWK 37.59 37.59 PKWY 3975 07/31/2018 000537 SO CALIF EDISON JUL 2-34-624-4452:32131 S LOOP RD 1,987.79 1,987.79 LOT 4068 07/20/2018 006887 UNION BANK OF CALIFORNIA 000210 LEAGUE OF CALIF CITIES LW REG:'18 CONF:LEHNER 9/12-9/14 525.00 000210 LEAGUE OF CALIF CITIES LW REG:'18 CONF:WATSON 9/12-9/14 525.00 020838 RIVERSIDE CENTRE PARKING LW PARKING:WRCOG MEETING:6/21 4.00 020370 BEENVERIFIED.COM LW MONTHLY DUES:CODE 52.45 1,106.45 ENFORCEMENT 4070 07/20/2018 006887 UNION BANK OF CALIFORNIA 003773 REUBEN H FLEET SCIENCE KH RFRSHMNTS:SUMMER DAY CAMP 1,681.68 CENTER FIELD TRIP 001365 RIVERSIDE,COUNTY OF, KH HEALTH PERMIT FOR SUNDAYS IN 98.00 ENVIRONMENTAL HEALTH THE SQUA DEPT 001365 RIVERSIDE,COUNTY OF, KH HEALTH PERMITS:SUNDAYS IN 2.32 1,782.00 ENVIRONMENTAL HEALTH THE SQUARE DEPT 190923 08/16/2018 020835 29605 SOLANA WAY LLC,VISTA HOMELESS PREVENTION SERVICES 1,800.00 1,800.00 PROMENADE APT HOMES 190924 08/16/2018 012881 4IMPRINT INC,DBA NELSON PROMO ITEMS:TCC 5,411.00 5,411.00 MARKETING 190925 08/16/2018 018313 858 GRAPHICS INC EXHIBIT DISPLAY ITEMS:TVM 755.11 755.11 190926 08/16/2018 001517 AETNA BEHAVIORAL HEALTH CREDITADJ:DEDUCTING 1 -4.40 LLC,DBAAETNA RESOURCES PARTICIPANT SEP EMPLOYEE ASSISTANCE PROGRAh 1,465.20 1,460.80 190927 08/16/2018 020624 AIA CORPORATION,DBA PROMO ITEMS:WORKFORCE PGRM 591.21 591.21 IMPACT ADVERTISING 190928 08/16/2018 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES:STREET MAINT 491.12 ASPHALT SUPPLIES:STREET MAINT 470.62 961.74 Page:5 apChkLst Final Check List Page: 6 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 190929 08/16/2018 013015 ALWAYS RELIABLE backflow testings:var parks&medians 365.00 BACKFLOW,AKA NANETTE SEMAN BACKFLOW TESTS:VARIOUS FACILITIES 135.00 backflow testings:var parks&medians 150.00 backflow testings:var parks&medians 108.00 BACKFLOW TESTING:VARIOUS SLOPES 108.00 866.00 190930 08/16/2018 000101 APPLE ONE INC JUL TEMP STAFF SVCS:CITY CLERK& 4,405.20 4,405.20 PLANNI 190931 08/16/2018 020610 ARAMEXX GROUP INC,DBA RET:JUN FALLEN HEROES -852.75 ARAMEXX CONSTRUCTION MEMORIAL:PW JUN FALLEN HEROES MEMORIAL:PW 17,055.00 16,202.25 190932 08/16/2018 011666 B P S TACTICAL INC TACTICAL BALLISTIC VEST 1,009.20 1,009.20 COVERS:POLICE 190933 08/16/2018 007065 B&H FOTO&ELECTRONICS USE TAX:MISC A/V PRODUCTION -81.38 CORP EQUIP:PEG MISC AN PRODUCTION EQUIP:PEG SUf 1,011.38 MISC STAGE SUPPLIES:THEATER 580.11 1,510.11 190934 08/16/2018 019709 BAGDASARIAN,NADYA REIMBURSEMENT:TEAM PACE EVENT 299.88 299.88 7/26 190935 08/16/2018 006254 BALLET FOLKLORICO,AKA PERFORMANCE:CULTURE QUEST 150.00 150.00 LORENA HANCOCK 190936 08/16/2018 018101 BARN STAGE COMPANY INC, STTLMNT:MAGIC AT THE MERC: 88.00 88.00 THE 8/12/18 190937 08/16/2018 014284 BLAKELYS TRUCK SERVICE, VEHICLE/EQUIP REPAIRS:STREET 108.00 AKA DONALD W BLAKELY MAINT VEHICLE REPAIRS:PW STREET MAINT 838.23 PARKS:SERVICE JOHN DEERE GATOR 140.33 1,086.56 190938 08/16/2018 003048 BOYS AND GIRLS CLUB,OF CDBG SUB-RECIPIENT-AFTER 1,120.29 1,120.29 SOUTHWEST COUNTY SCHOOL PRGM 190939 08/16/2018 017813 BUXTON COMPANY VISITOR STUDY:ECO DEV 30,000.00 30,000.00 190940 08/16/2018 001610 CALTRANS,DEPT OF JUN'18 PROJECT DETAIL 456.45 456.45 TRANSPORTATION EXPENDITURE 190941 08/16/2018 000131 CARL WARREN AND COMPANY JUL CLAIM ADJUSTER SVCS 9,742.30 9,742.30 INC 190942 08/16/2018 019878 CERTIFIED ACCESS ANNUAL MEMBERSHIP:CLEMENTS, 150.00 150.00 SPECIALIST,INSTITUTE BRIAN Page6 apChkLst Final Check List Page: 7 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 190943 08/16/2018 020836 CHENG,PEI-PING REFUND:CITATION 6509 150.64 150.64 190944 08/16/2018 012627 CLEAR IMAGE ENTERPRISES CLEANING SVCS:TVE2 715.00 INC,DBA:CLEAR IMAGE WINDOW CL CLEANING SERVICES:PARKING GARAG 4,030.00 4,745.00 190945 08/16/2018 017429 COBRAADVANTAGE INC,DBA JUL FSA&COBRAADMIN:HR 523.00 523.00 THE ADVANTAGE GROUP 190946 08/16/2018 000442 COMPUTER ALERT SYSTEMS CIVIC CTR:SVC SMOKE DETECTORS 489.38 CHECK PANIC BUTTONS:VARI FACILTIE: 1,200.00 1,689.38 190947 08/16/2018 002945 CONSOLIDATED ELECTRICAL electrical supplies:various park sites 31.54 DIST ELECTRICAL SUPPLIES:CIVIC CTR 88.09 119.63 190948 08/16/2018 017542 COX,KRISTI LYN TCSD INSTRUCTOR EARNINGS 224.00 TCSD INSTRUCTOR EARNINGS 369.60 TCSD INSTRUCTOR EARNINGS 268.80 TCSD INSTRUCTOR EARNINGS 308.00 TCSD INSTRUCTOR EARNINGS 123.20 1,293.60 190949 08/16/2018 010650 CRAFTSMEN PLUMBING& SENIOR CTR:FREEZER REPAIR 150.00 HVAC INC OPEN MAIN LINE DRAIN:MPSC 368.11 EQUIPMENT REP:STA 92 150.00 PLUMBING REPAIR:STA 84 9,920.00 Civic Ctr:Repair Tankless Water Heater 390.00 10,978.11 190950 08/16/2018 019858 CUB SCOUT PACK 301 REFUND:SEC DEP:PICNIC 200.00 200.00 RENTAL:RRSP 190951 08/16/2018 016098 CULTIVATING GOOD INC,DBA Workforce:Legal Scholars Luncheon 770.58 770.58 E.A.T.MARKETPLACE 190952 08/16/2018 020309 D MAX ENGINEERING INC CONSULT SVCS:MGMT PRACTICE 14,864.00 14,864.00 DSGN MANUAL 190953 08/16/2018 001233 DANS FEED&SEED INC MISC SUPPLIES: STREET MAINT 26.33 26.33 190954 08/16/2018 012600 DAVID EVANS&ASSOCIATES ENG SVCS-PW08-04 14,597.85 14,597.85 INC 190955 08/16/2018 020648 DG INVESTMENT HOLDINGS 2 CITYWIDE SURVEILLANCE PROJECT 165,358.00 165,358.00 INC,CONVERGINT :INFO TECHNOLOGIES Page:7 apChkLst Final Check List Page: 8 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 190956 08/16/2018 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:CODE 194.12 LUBRICANTS ENFORCEMENT FUEL FOR CITY VEHICLES:PARKS MAINZ 1,418.36 FUEL FOR CITY VEHICLES:PUBLIC WOR 462.90 FUEL FOR CITY VEHICLES:TRAFFIC DIV 339.90 FUEL FOR CITY VEHICLES:STREETS MA 1,083.16 FUEL FOR CITY VEHICLES:LAND DEV/NI 83.09 FUEL FOR CITY VEHICLES:TCSD 481.31 FUEL FOR CITY VEHICLES:TCSD 20.20 FUEL FOR CITY VEHICLES:BLDG INSPE' 217.52 FUEL FOR CITY VEHICLES:POLICE 92.63 4,393.19 190957 08/16/2018 014301 DUNAMIX DANCE PROJECT TIX:PRAISE HIM WITH DANCING: 662.47 662.47 8/10-11 190958 08/16/2018 020613 EAGLE PAVING COMPANY INC, SIDEWALKS-6TH ST 14,448.75 DBA TORO ENGINEERING IMPROVEMENTS:PW1705 RET:SIDEWALKS-6TH ST IMPROV:PW1 -722.44 13,726.31 190959 08/16/2018 004829 ELLISON WILSON ADVOCACY JUL STATE LOBBYING SVCS 3,500.00 3,500.00 LLC 190960 08/16/2018 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS 598.50 598.50 190961 08/16/2018 019469 FALCON ENGINEERING JUL CONSTRUCTION MGMNT SRVC: 189,142.00 189,142.00 SERVICES PW04-08 190962 08/16/2018 002982 FRANCHISE TAX BOARD KRACH,BREE-CASE#603016103 10.88 10.88 190963 08/16/2018 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING SUPPLIES: 266.93 266.93 THEATER 190964 08/16/2018 000177 GLENNIES OFFICE PRODUCTS MISC.OFC SUPPLIES:STA 95 60.31 60.31 INC 190965 08/16/2018 001500 GOVERNMENT TRAINING EMPLOYEE TRAINING:HUMAN 1,795.00 1,795.00 AGENCY,REGIONAL TRAINING RESOURCES CENTER 190966 08/16/2018 003342 HABITAT FOR HUMANITY, CDBG CRITICAL HOME REPAIR PRGM 8,330.09 8,330.09 INLAND VALLEY INC Page:8 apChkLst Final Check List Page: 9 08/1612018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 190967 08/16/2018 000186 HANKS HARDWARE INC MAINT SUPPLIES:VARI PARKS 70.72 MAINT SUPPLIES:VARI PARKS 62.48 MAINT SUPPLIES:VARI PARKS 39.05 MAINT SUPPLIES:VARI PARKS 59.85 MAINT SUPPLIES:VARI PARKS 16.19 MAINT SUPPLIES:VARI PARKS 32.60 MAINT SUPPLIES:VARI PARKS 99.41 EQUIPMENT:SPORTS 460.69 SUPPLIES:SPECIAL EVENTS 189.93 MAINT SUPPLIES:CIVIC CTR 15.18 MAINT SUPPLIES:CIVIC CTR 35.08 MAINT SUPPLIES:CIVIC CTR 7.34 MAINT SUPPLIES:CIVIC CTR 48.12 MAINT SUPPLIES:VARI PARKS 53.76 MAINT SUPPLIES:AQUATICS 4.74 MAINT SUPPLIES:CRC 17.76 MAINT SUPPLIES:TCC 24.21 MAINT SUPPLIES:TCC 32.41 MAINT SUPPLIES:CIVIC CTR 150.35 MAINT SUPPLIES:LIBRARY 56.06 MAINT SUPPLIES:MAINT FAC 20.49 MAINT SUPPLIES:MAINT FAC 33.91 MAINT SUPPLIES:AQUATICS 21.93 MAINT SUPPLIES:AQUATICS 30.96 MAINT SUPPLIES:AQUATICS 10.31 maintenance supplies,various facilities 52.16 MAINT SUPPLIES:CIVIC CTR 3.25 HDWR SUPPLIES-STA 73 8.68 MAINT SUPPLIES:TVE2 70.81 MAINT SUPPLIES:CIVIC CTR 47.81 MAINT SUPPLIES:CIVIC CTR 12.03 MAINT SUPPLIES:LIBRARY 4.42 MAINT SUPPLIES:MAINT FAC 3.78 MAINT SUPPLIES:PARKING GARAGE 3.80 1,800.27 190968 08/16/2018 020628 HASA INC Pool Sanitizing Chemicals:various pools 643.85 643.85 190969 08/16/2018 003198 HOME DEPOT MISC SUPPLIES:THEATER 1,916.83 MISC SUPPLIES:THEATER 499.96 MISC SUPPLIES:THEATER 132.88 CREDIT:DUPLICATE PAYMENT -187.41 MISC SUPPLIES:THEATER 37.04 MISC SUPPLIES:THEATER 43.47 MISC SUPPLIES:THEATER 101.18 MISC SUPPLIES:THEATER 301.61 2,845.56 Pages apChkLst Final Check List Page: 10 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 190970 08/16/2018 010210 HOME DEPOT SUPPLY INC, MAINT SUPPLIES:CRC 104.33 104.33 THE 190971 08/16/2018 018059 ICON ENTERPRISES INC MAY'18 SOFTWARE FEES 4,241.86 4,241.86 190972 08/16/2018 016564 IMPACT TELECOM JUL 800 SERVICES:CIVIC CENTER 56.75 56.75 190973 08/16/2018 020396 KINGDOM CAUSES,DBA CITY 7/14-8/13 HOMELESS COLLABORATION 10,000.00 10,000.00 NET 190974 08/16/2018 001282 KNORR SYSTEMS INC CHEMICAL FEED PUMPS:CRC POOL 4,922.54 CIVIC CTR:FOUNTAIN WATER TABLETS 202.70 MISC POOL SUPPLIES-CRC 510.00 CRC POOL,CHEMICAL PUMP&SERVICE 886.08 LARGE CHEMICAL FEED PUMP 275.13 6,796.45 190975 08/16/2018 017118 KRACH BREE B,DBA NAMEPLATES:BC 43.50 TEMECULA TROPHY&DES TAX WITHHOLDING PER FRACHISE TAX -10.88 32.62 190976 08/16/2018 000482 LEIGHTON CONSULTING INC JUN GEOTECH SVCS AND MATERIALS 250.10 TESTING JUN MAT'LS&GEOTECH TESTING:PW1 921.20 1,171.30 190977 08/16/2018 003782 MAIN STREET SIGNS,DBA sign replacement supplies:pw streets- 2,259.61 2,259.61 ATHACO INC 190978 08/16/2018 004141 MAINTEX INC PARK SITES CUSTODIAL SUPPLIES 238.42 238.42 190979 08/16/2018 018314 MICHAEL BAKER JUN ENG&SURVEY SVCS-PW17-28 3,644.58 3,644.58 INTERNATIONAL 190980 08/16/2018 013443 MIDWEST TAPE LLC BOOKS/COLLECTIONS:LIBRARY 70.87 70.87 190981 08/16/2018 013827 MIKO MOUNTAINLION INC CONCRETE INSTALLATION:PBSP 24,500.00 24,500.00 190982 08/16/2018 004043 MISSION ELECTRIC SUPPLY WOODCREST:ELEC RPLCMNT 1,247.51 INC PEDESTAL ELECTRICAL SUPPLIES:LIBRARY 20.12 ELECTRICAL SUPPLIES:LIBRARY 163.64 electrical supplie:various facilities 71.75 electrical supplie:various facilities 328.10 1,831.12 190983 08/16/2018 016445 MKB PRINTING& BUSINESS CARDS:W.CRAVEN&C. 199.02 199.02 PROMOTIONAL INC,DBA DAMKO MINUTEMAN PRESS Page:10 apChkLst Final Check List Page: 11 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 190984 08/16/2018 004040 MORAMARCO,ANTHONY J, STAFF UNIFORMS:SHIRTS:TCC 2,270.00 DBA BIGFOOT GRAPHICS TCSD INSTRUCTOR EARNINGS 2,268.00 TCSD INSTRUCTOR EARNINGS 644.00 5,182.00 190985 08/16/2018 019019 MUSIC CONNECTION LLC STTLMNT:SPEAKEASY AT THE MERC 338.10 338.10 8/11 190986 08/16/2018 017861 MYTHOS TECHNOLOGY INC DATTO NETWORKING AP62 WIFI 649.24 JUL-SEPT IT MONITORING SRVCS:TVE2 150.00 799.24 190987 08/16/2018 002925 NAPA AUTO PARTS AUTO PARTS&MISC SUPPLIES:STA 58.58 58.58 73 190988 08/16/2018 001323 NESTLE WATERS NORTH 6/23-7/22 WATER DELIV SVCS:CITY 29.32 29.32 AMERICA,DBA MGR READYREFRESH 190989 08/16/2018 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES:HR 19.56 DIV OFFICE SUPPLIES:HR 47.07 66.63 190990 08/16/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PW PARKS 98.60 98.60 MAINT 190991 08/16/2018 019334 PARK CONSULTING GROUP JUL CONSULTING&ENTERPRISE 7,574.00 7,574.00 INC SRVCS:I.T. 190992 08/16/2018 010338 POOL AND ELECTRICAL VARIOUS SUPPLIES:AQUATICS 212.58 PRODUCTS,INC VARIOUS SUPPLIES:AQUATICS 80.86 CHEMICAL SUPPLIES:SPLASH PARK&F 520.95 814.39 190993 08/16/2018 011549 POWER SPORTS UNLIMITED, VEH MAINT&REPAIR:TEMECULA 398.44 DBA BMW MOTORCYCLES OF POLICE NO VEH MAINT&REPAIR:TEMECULA POLIC 806.84 1,205.28 190994 08/16/2018 014379 PROFESSIONAL IMAGE BANNER PROGRAM:ECON DEV 84.83 84.83 ADVERTISING,DBA EXTREME SIGNSGRAPHICS 190995 08/16/2018 019015 PROJECT RADIAN,DBA GEARS TCSD INSTRUCTOR EARNINGS 1,554.00 2 ROBOTS TCSD INSTRUCTOR EARNINGS 1,743.00 3,297.00 190996 08/16/2018 005075 PRUDENTIAL OVERALL CREDIT:BILLINGADJUSTMENT/PW -14.85 SUPPLY STREET MAIN JUL UNIFORM/FLR MTS/TWL RENT:CITY 743.77 JUL UNIFORM/FLR MTS/TWL RENT:PW M 674.48 1,403.40 190997 08/16/2018 020576 PS80 PARTNERS LLC,DBA EXCURSION:SUMMER DAY CAMP 380.00 380.00 SPLASH KINGDOM WATER 7/17/18 Page:11 apChkLst Final Check List Page: 12 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 190998 08/16/2018 002012 R D O EQUIPMENT COMPANY BACKHOE&TRACTOR REPAIRS:PW 1,019.01 1,019.01 STREET MNTC 190999 08/16/2018 013632 RELIANCE CHURCH REFUND:SEC DEP:RM RENTAL:CONF 200.00 200.00 CTR 191000 08/16/2018 016869 RIGHTWAY SITE SERVICES INC PORTABLE RESTRO0MS:4TH OF JULY 497.81 497.81 DBA,RIGHTWAY PORTABLE PARADE TOILET 191001 08/16/2018 017391 RISE INTERPRETING INC JUL INTERPRETING SRVCS:CLASSES 3,070.23 3,070.23 191002 08/16/2018 000353 RIVERSIDE CO AUDITOR, 2018-19 LAFCO FEES:PLANNING 9,689.52 9,689.52 CONTROLLER 191003 08/16/2018 000418 RIVERSIDE CO CLERK& NOE FOR PW18-09 CITYWIDE SLURRY 50.00 50.00 RECORDER SEAL 191004 08/16/2018 010777 RIVERSIDE CO EXECUTIVE JUL-SEPT ANIMAL SHELTER 48,767.16 48,767.16 OFFICE OPERATIONS 191005 08/16/2018 001097 ROADLINE PRODUCTS INC MISC SUPPLIES:PW STENCIL CREW 512.75 512.75 191006 08/16/2018 020834 ROBERT MATILLA,ROBERT HOMELESS PREVENTION SERVICES 1,100.00 1,100.00 COLE PROPERTIES 191007 08/16/2018 017699 SARNOWSKI SHAWNA M PHOTOGRAPHY:WORKFORCE INTERN 175.00 PRESTON LUNCHEON PHOTOGRAPHY:SMR MEAL PLAN MARG 175.00 PHOTOGRAPHY:INCUBATOR TVE2 BUILE 175.00 PHOTOGRAPHY:MPSC JULY'18 EVENT 175.00 700.00 191008 08/16/2018 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 8/9/18 545.00 545.00 191009 08/16/2018 000645 SMART AND FINAL INC SUPPLIES:CULTURALARTS 130.69 SUPPLIES:MPSC 308.88 439.57 191010 08/16/2018 020545 SOCIAL WORK ACTION GROUP JUL PROF SRVCS:RESPONSIBLE 3,893.34 COMPASSION JUL PROF SRVCS:RESPONSIBLE COMP/ 2,506.95 6,400.29 191011 08/16/2018 020548 SOURCE POINT PRODUCTS& Econ Dev:Thank You Cards 146.81 146.81 SRVCS,DBA FULLY PROMOTED OF TV 191012 08/16/2018 000293 STADIUM PIZZA INC RFRSHMNTS:S000TER 158.68 NIGHTS/SKATE PARK 8/5 RFRSHMNTS:S000TER NIGHTS/SKATE 77.43 RFRSHMNTS:CRC TEEN EVENT 8/4 84.00 320.11 Page:12 apChkLst Final Check List Page: 13 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191013 08/16/2018 017814 STC TRAFFIC,INC MAY STREET LIGHTING PLAN REVIEW, 1,655.00 INSPECT JUN STREET LIGHTING PLAN REVIEW,It 437.50 2,092.50 191014 08/16/2018 009452 STRAWN,WILLIAM R REIMB:SUPPLIES FOR COMMUNITY 129.28 129.28 THEATER 191015 08/16/2018 003840 STRONGS PAINTING PAINTING SRVCS:STA 84 700.00 700.00 191016 08/16/2018 020446 SURERIDE CHARTER INC,DBA TRANSPORTATION:SMR DAY CAMP 8/2 4,684.20 4,684.20 SUN DIEGO CHARTER 191017 08/16/2018 010679 TEMECULAAUTO VEH MAINT&REPAIR:TCSD 2,195.55 REPAIR/RADIATOR,DBAAUTO ENTERPRISE INC VEH MAINT&REPAIR:TCSD 830.35 3,025.90 191018 08/16/2018 003941 TEMECULA WINNELSON USE TAX/PLUMBING -10.99 COMPANY SUPPLIES:LIBRARY&C.C. PLUMBING SUPPLIES:LIBRARY&CIVIC( 1,194.75 1,183.76 191019 08/16/2018 020827 TERRA MANOR INC,DBA HUGS REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 F.F.A. 191020 08/16/2018 017415 THYSSENKRUPP ELEVATOR JUL-SEPT ELEVATOR SRVCS:CITY 5,049.00 5,049.00 CORP FACS 191021 08/16/2018 009176 TICKET ENVELOPE COMPANY, WILL CALL ENVELOPES:THEATER 1,245.00 1,245.00 AKA CAROL MC CALLUM 191022 08/16/2018 019100 TNT ENTERTAINMENT GROUP DJ/ANNOUNCER:FRIENZ BAND 1,000.00 LLC CONCERT 8/12 DJ/ANNOUNCER:CRIMSON CROW CONC 1,000.00 2,000.00 191023 08/16/2018 017579 U S HEALTHWORKS MEDICAL, MEDICAL SCREENINGS:HR 154.00 GROUP PC MEDICAL SCREENINGS:HR 227.00 381.00 191024 08/16/2018 002702 U S POSTAL SERVICE JUL'18 POSTAGE METER DEPOSIT 2,038.06 JUN'18 POSTAGE METER DEPOSIT 1,551.13 3,589.19 191025 08/16/2018 007766 UNDERGROUND SERVICE JUL UNDERGROUND UTILITY 252.55 252.55 ALERT,OF SOUTHERN LOCATOR ALERTS: CALIFORNIA 191026 08/16/2018 012549 UPODIUM,AKA JOHN VEHICLE MAINT SUPPLIES:STA 95 60.79 60.79 FONTEYN 191027 08/16/2018 004864 V N W CIRCLE OF CARE INC FY17/18 CDBG SUB-RECIPIENT 1,309.57 1,309.57 191028 08/16/2018 008977 VALLEY EVENTS,INC. FACE PAINTER:SKIP ICE CREAM 175.00 175.00 SOCIAL 7/11 Page:13 apChkLst Final Check List Page: 14 08/16/2018 11:27:39AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191029 08/16/2018 020837 VILLA,IRENE RELEASE CLAIMS AGREEMENT 497.30 497.30 PAYMENT 191030 08/16/2018 009101 VISION ONE,INC.,DBA: JUL SHOWARE TICKETING 2,162.40 2,162.40 ACCESSO SHOWARE SRVCS:THEATER 191031 08/16/2018 020399 VOICES FOR CHILDREN FY17/18 CDBG SUB-RECIPIENT CASA 620.20 PRGM FY17/17 CDBG SUB-RECIPIENT CASA PF 630.20 1,250.40 191032 08/16/2018 007987 WALMART SUPPLIES:SKATE PARK 190.50 SUPPLIES:SUMMER DAY CAMP 147.65 SUPPLIES:SENIOR CENTER 150.00 488.15 191033 08/16/2018 003730 WEST COAST ARBORISTS INC 7/1-15/18 TREE MAINT:CITYWIDE 27,296.10 R-O-W 7/1-15/18 TREE MAINT:VINATGE HILLS SI 6,164.00 7/1-15/18 TREE MAINT:HARVESTON SLOI 5,557.75 7/3/18 TREE MAINT:TVE2 698.25 7/16-31/18 TREE MAINT:HARV.LAKE PAR 745.20 7/16-31/18 TREE MAINT:CITYWIDE R-O-V\ 2,099.20 7/16-31/18 TREE MAINT:HARVESTON SLC 5,079.75 7/16-31/18 TREE MAINT:PARKS&MEDIA!, 186.30 7/1-15/18 TREE MAINT:PARKS&MEDIAN; 5,200.80 53,027.35 191034 08/16/2018 000621 WESTERN RIVERSIDE FY16/17 SOLID WASTE CO-OP/AB 939 7,754.88 7,754.88 COUNCIL OF,GOVERNMENTS DUES (WRCOG) 191035 08/16/2018 015199 WINTER ADVERTISING CREATIVE&PRODUCTION SRVCS:CM 400.00 AGENCY,AKA:MARY LARUE OFFICE WINTER UPTOWN TEMECULA BROCHURE REVIS 2,982.47 3,382.47 Grand total for UNION BANK: 798,097.96 Page:14 apChkLst Final Check List Page: 15 08/16/2018 11:27:39AM CITY OF TEMECULA 152 checks in this report. Grand Total All Checks: 798,097.96 Page:15 apChkLst Final Check List Page: 1 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK Check# Date Vendor Description Amount Paid Check Total 3986 08/15/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:LIBRARY 8.49 8.49 3987 08/15/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:LIBRARY 8.49 8.49 3988 08/15/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:SKATE PARK 43.94 43.94 3990 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:30875 RANCHO 21.28 21.28 DISTRICT VISTA 3991 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:FIRE LINE:PAUBA 21.28 21.28 DISTRICT RD 3992 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:FIRE LINE:30650 21.28 21.28 DISTRICT PAUBA RD 3993 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO VISTA RD 59.47 59.47 DISTRICT 3994 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:33353 TEM PKWY 79.72 79.72 DISTRICT 3995 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:NEAR 32776 80.39 80.39 DISTRICT DEPORTOLA 3996 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:30016 LAURIE RAE 80.69 80.69 DISTRICT LN 3997 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:NEAR 43734 81.19 81.19 DISTRICT MEADOWS PKWY 3998 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:NACKE DR 84.76 84.76 DISTRICT 3999 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:31795 RANCHO 87.28 87.28 DISTRICT CAL 4000 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:31795 RANCHO 92.93 92.93 DISTRICT CAL 4001 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:CAMPANULA WAY 95.26 95.26 DISTRICT 4002 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:CAMPANULA WAY 95.65 95.65 DISTRICT Page:1 apChkLst Final Check List Page: 2 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4003 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:30875 RANCHO 102.92 102.92 DISTRICT VISTA 4004 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:MEADOWS PKWY 111.10 111.10 DISTRICT 4005 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:BUTTERFIELD STG 114.83 114.83 DISTRICT RD 4007 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO VISTA 119.53 119.53 DISTRICT /STA 167 4008 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO VISTA RD 127.19 127.19 DISTRICT 4009 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:AVENIDA DE LA 128.85 128.85 DISTRICT REINA 4010 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:NEAR 32674 131.27 131.27 DISTRICT DEPORTOLA 4011 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:41417 MEADOWS 151.46 151.46 DISTRICT PKWY 4012 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:42902 159.51 159.51 DISTRICT BUTTERFIELD STG 4013 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:BUTTERFIELD STG 160.80 160.80 DISTRICT RD 143 4014 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:41395 AVENIDA DE 175.58 175.58 DISTRICT LA 4015 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:CALLE ARAGON 183.64 183.64 DISTRICT 4016 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:31421 CORTE 191.27 191.27 DISTRICT TALVERA 4017 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO VISTA RD 203.86 203.86 DISTRICT 4018 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:DEPORTOLA RD 210.59 210.59 DISTRICT 4019 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:VIA REINA 211.81 211.81 DISTRICT Page2 apChkLst Final Check List Page: 3 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4020 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:41403 CALLE TAJO 228.25 228.25 DISTRICT 4021 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:31132 CORTE 239.78 239.78 DISTRICT ANZA 4022 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:CAMINO MERANO 257.83 257.83 DISTRICT 4023 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:31966 RANCHO 267.27 267.27 DISTRICT VISTA 4024 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:41403 CALLE TAJO 300.15 300.15 DISTRICT 4025 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:42091 CROWNE 315.76 315.76 DISTRICT HILL DR 4026 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO VISTA RD 327.76 327.76 DISTRICT 4027 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:DEPORTOLA RD 338.46 338.46 DISTRICT 4028 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:42083 CROWNE 366.57 366.57 DISTRICT HILL DR 4029 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:31970 RANCHO 387.89 387.89 DISTRICT VISTA 4030 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:30600 PAUBA RD 397.23 397.23 DISTRICT 4031 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO VISTA RD 400.27 400.27 DISTRICT 4032 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:PARK SITE 429.21 429.21 DISTRICT DEPORTOLA RD 4033 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO VISTA RD 433.96 433.96 DISTRICT 4034 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:41415 MEADOWS 463.06 463.06 DISTRICT PKWY 4035 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:NACKE DR 464.58 464.58 DISTRICT Page:3 apChkLst Final Check List Page: 4 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4036 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:30650 PAUBA RD 482.57 482.57 DISTRICT 4038 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:31093 RANCHO 581.49 581.49 DISTRICT VISTA 4039 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:OLD KENT RD 583.71 583.71 DISTRICT 4040 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:42226 CROWNE 604.69 604.69 DISTRICT HILL DR 4041 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:33411 PAUBA RD 607.90 607.90 DISTRICT 4042 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:CROWNE HILL DR 615.56 615.56 DISTRICT 4043 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:30875 RANCHO 627.12 627.12 DISTRICT VISTA 4044 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:DEPORTOLA RD 660.36 660.36 DISTRICT 4045 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:CROWNE HILL DR 710.01 710.01 DISTRICT 4046 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:NACKE DR 915.71 915.71 DISTRICT 4047 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:30875 RANCHO 917.19 917.19 DISTRICT VISTA 4048 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:OLD KENT RD 935.97 935.97 DISTRICT 4049 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:CHANNEL ST LSCP 1,023.22 1,023.22 DISTRICT 4050 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:30600 PAUBA RD 1,028.55 1,028.55 DISTRICT 4051 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:41665 CORTE 1,097.14 1,097.14 DISTRICT HIGUERA 4052 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:42470 CROWNE 1,132.40 1,132.40 DISTRICT HILL Page:4 apChkLst Final Check List Page: 5 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 4053 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:SPORTS PARK 1,142.80 1,142.80 DISTRICT MARG RD 4054 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:33409 PAUBA RD 1,347.02 1,347.02 DISTRICT 4055 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO VISTA RD 1,488.04 1,488.04 DISTRICT 4101 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:RANCHO VISTA RD 1,674.40 1,674.40 DISTRICT 4102 08/02/2018 000262 RANCHO CALIF WATER JUL WATER METER:32810 SAN JUAN 536.09 536.09 DISTRICT CT 4103 08/23/2018 007282 AMAZON COM INC, CAR EQUIP:PREV 30.98 30.98 SYNCB/AMAZON 4104 08/23/2018 010349 CALIF DEPT OF CHILD SUPPORT PAYMENT 899.07 899.07 SUPPORT 4105 08/23/2018 000194 I C M A RETIREMENT-PLAN ICMA-RC RETIREMENT TRUST 457 8,784.63 8,784.63 303355 PAYMENT 4106 08/23/2018 000444 INSTATAX(EDD) STATE TAXES PAYMENT 23,893.48 23,893.48 4107 08/23/2018 000283 INSTATAX(IRS) FEDERAL TAXES PAYMENT 80,211.13 80,211.13 4108 08/23/2018 000389 NATIONWIDE RETIREMENT OBRA-PROJECT RETIREMENT 5,098.46 5,098.46 SOLUTION PAYMENT 4109 08/23/2018 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 10,265.63 10,265.63 SOLUTION 4110 08/23/2018 000246 PERS(EMPLOYEES' EMPLOYEE RETIREMENT PAYMENT 100,815.76 100,815.76 RETIREMENT) 191036 08/23/2018 004802 ADLERHORST INTERNATIONAL police k-9 training&equip:tem police 350.00 350.00 LLC 191037 08/23/2018 003552 AFLAC PREMIUM HOLDING, AFLAC ACCIDENT INDEMNITY 3,906.46 3,906.46 C/O BNB BANK LOCKBOX PAYMENT 191038 08/23/2018 003951 ALL AMERICAN ASPHALT ASPHALT SUPPLIES:PW STREET 479.64 MAINT ASPHALT SUPPLIES:STREET MAINT 255.79 735.43 Page:5 apChkLst Final Check List Page: 6 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191039 08/23/2018 004601 ALL THE KING'S FLAGS CITY COUNCIL CHAMBER FLAG POLE 236.78 236.78 &BASE 191040 08/23/2018 013015 ALWAYS RELIABLE Ynez Median:Replace Backflow- 710.00 BACKFLOW,AKA NANETTE SEMAN ANNUAL BACKFLOW TESTING:VARI FAC 216.00 926.00 191041 08/23/2018 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS:TEMECULA 104.00 AFN POLICE PHLEBOTOMY SRVCS:TEMECULA POLIC 1,300.00 PHLEBOTOMY SRVCS:TEMECULA POLIC 250.00 PHLEBOTOMY SRVCS:TEMECULA POLIC 90.00 AUG STAND BY FEE:POLICE 1,248.00 PHLEBOTOMY SRVCS:TEMECULA POLIC 1,075.00 PHLEBOTOMY SRVCS:TEMECULA POLIC 90.00 PHLEBOTOMY SVCS:TEMECULA POLICE 1,082.00 PHLEBOTOMY SVCS:TEMECULA POLICE 165.00 5,404.00 191042 08/23/2018 000936 AMERICAN RED CROSS, CERTIFICATION MATERIALS: 800.00 800.00 HEALTH&SAFETY SERVICES AQUATICS 191043 08/23/2018 020845 ANAYA,MARIA ELIAZAR REFUND:SEC DEP/RENTAL:CRC 779.10 779.10 191044 08/23/2018 002187 ANIMAL FRIENDS OF THE JUN ANIMAL CONTROL SVCS:CITY OF 10,000.00 10,000.00 VALLEYS 191045 08/23/2018 013950 AQUA CHILL OF SAN DIEGO AUG WATER SVCS:POLICE 28.28 STOREFRONT OFC AUG DRINKING WATER SVCS:INFO TEC 28.28 56.56 191046 08/23/2018 020712 ARFMANN MARKETING LLC, mcgruff costume repair:temecula police 133.00 133.00 DBA MCGRUFF STUFF 191047 08/23/2018 011954 BAKER AND TAYLOR INC BOOK COLLECTIONS:LIBRARY 2,415.51 BOOK COLLECTIONS:LIBRARY 174.79 BOOK COLLECTIONS:LIBRARY 271.70 2,862.00 191048 08/23/2018 013482 BAS SECURITY SECURITY SVC:CITY FACILITIES 2,889.60 SECURITY SVC:CITY FACILITIES 1,025.75 SECURITY SERVICE:CITY FACILITIES 1,161.00 5,076.35 191049 08/23/2018 002377 BEST BUY COMPANY INC EE COMPUTER PURCHASE PRGM: 2,000.00 2,000.00 WHITE,C. 191050 08/23/2018 018607 BLUELINE RENTAL LLC equipment rentals:various special 1,424.95 1,424.95 191051 08/23/2018 018408 BOB CALLAHAN'S POOL JUL POOL MAINT SVC:VARIOUS 1,100.00 SERVICE LOCATIONS JUL FOUNTAIN MAINT SVC:PW 950.00 2,050.00 Page6 apChkLst Final Check List Page: 7 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191052 08/23/2018 020840 BOTSKO-RAYMOND, REFUND:BIGFOOT'S TEEN 65.00 65.00 SAMANTHA PHOTOSHOP 191053 08/23/2018 020773 BOURNAT CHARLOTTE,DBA Refreshments:eco dev pgrm 1,305.00 1,305.00 BON APPETIT LLC 191054 08/23/2018 017115 BUREAU OF OFFICE SERVICES TRANSCRIPTION SVCS:POLICE 8.23 8.23 INC 191055 08/23/2018 001035 C R AND R INC WASTE HAULING SVCS:HOMELESS 338.45 338.45 OUTREACH 191056 08/23/2018 010939 CALIF DEPT OF INDUSTRIAL P02719 BLUE SLIDE:30875 RANCHO 390.00 390.00 VISTA 191057 08/23/2018 004241 CALIF DEPT OF STATE REMITTANCE OF SB1186-QE JUN 271.20 271.20 ARCHITECT 2015 191058 08/23/2018 004228 CAMERON WELDING SUPPLY MISC WELDING SUPPLIES:PW PARKS 25.47 25.47 MAINT 191059 08/23/2018 004462 CDW LLC,DBA CDW MISC SMALL TOOLS&EQUIP:INFO 178.04 GOVERNMENT LLC TECH MISC SMALL TOOLS&EQUIP:INFO TECI- 189.61 367.65 191060 08/23/2018 000137 CHEVRON AND TEXACO, JUL 18 CITY VEHICLES FUEL:POLICE 1,591.11 1,591.11 BUSINESS CARD SERVICES DEPT 191061 08/23/2018 020025 CIVIL SOURCE,INC. 4/1-4/28 ENG SVCS-PW15-11 8,320.00 4/1-5/31 PROJ MGMT SVCS-PW13-09 12,960.00 21,280.00 191062 08/23/2018 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 4.00 4.00 CHARITIES PAYMENT 191063 08/23/2018 000442 COMPUTER ALERT SYSTEMS SVC CALL:ELEVATOR TESTING: 151.13 THEATER SVC CALL:WEDDING CHAPEL 75.00 ALARM REPAIRS:STA 95 782.93 1,009.06 191064 08/23/2018 001264 COSTCO TEMECULA 491 THEATER HOSPITALITY&OFFICE 263.55 263.55 SUPPLIES 191065 08/23/2018 004329 COSTCO TEMECULA#491 SUPPLIES:HIGH HOPES EVENTS 223.28 223.28 191066 08/23/2018 010650 CRAFTSMEN PLUMBING& VARIOUS PARKS:PLUMBING SVCS 1,436.00 HVAC INC VARIOUS PARKS:PLUMBING SVCS 800.00 LIBRARY:REPAIR AUTOMATIC FRONT Df 844.00 3,080.00 191067 08/23/2018 020436 CRONBERG,RICHARD N TCSD INSTRUCTOR EARNINGS 336.00 336.00 Page:7 apChkLst Final Check List Page: 8 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191068 08/23/2018 015933 CROSSROADS CHURCH REFUND:SEC DEP:RM RENTAL:CRC 200.00 200.00 191069 08/23/2018 020726 DARRYL F.WALKER MUSIC Theater Performances:AUG 25,2019& 2,000.00 2,000.00 LLC 191070 08/23/2018 012600 DAVID EVANS&ASSOCIATES JUN DSIGN SVC:LIBRARY PARKING 2,378.74 INC PW13-09 MAY DSIGN SVC:LIBRARY PARKING PW1 11,327.50 13,706.24 191071 08/23/2018 003945 DIAMOND ENVIRONMENTAL VARI.PARKS:PORTABLE 65.41 65.41 SRVCS RESTROOMS:REDHAWK 191072 08/23/2018 004192 DOWNS ENERGY FUEL& FUEL FOR CITY VEHICLES:NPDES& 202.47 LUBRICANTS LAND DEV FUEL FOR CITY VEHICLES:TCSD 547.92 FUEL FOR CITY VEHICLES:BLDG INSPE' 332.72 FUEL FOR CITY VEHICLES:CODE ENFOI 75.16 FUEL FOR CITY VEHICLES:POLICE DEP' 22.03 FUEL FOR CITY VEHICLES:PARKS MAIN 1,493.65 FUEL FOR CITY VEHICLES:STREETS MF 1,160.16 FUEL FOR CITY VEHICLES:TRAFFIC DIV 329.77 4,163.88 191073 08/23/2018 019293 E&F PET SUPPLIES INC K-9 FOOD:TEMECULA POLICE 84.70 84.70 191074 08/23/2018 001056 EXCEL LANDSCAPE INC IRRIGATION REPAIRS:VARIOUS 1,958.52 PARKS irrigation repair:var landscape medians 952.14 IRRIGATION REPAIRS:VAR SLOPES/FAC 1,083.80 3,994.46 191075 08/23/2018 000165 FEDERAL EXPRESS INC 7/25-7/26 EXP MAIL SVCS:RISK MGMT 88.40 88.40 191076 08/23/2018 010804 FEHR&PEERS JUL OLD TOWN PARKING 26,161.38 26,161.38 STUDY:PLANNING 191077 08/23/2018 000380 FIRST STUDENT CHARTER, TRANSPORTATION:SMR DAY CAMP 2,380.11 DBA FIRST STUDENT INC 7/12 TRANSPORTATION:SMR DAY CAMP 7/17 574.40 TRANSPORTATION:SMR DAY CAMP 7/24 632.99 TRANSPORTATION:SMR DAY CAMP 7/26 2,374.17 5,961.67 191078 08/23/2018 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 260.00 260.00 191079 08/23/2018 014865 FREIZE UHLER KIMBERLY DBA, STAFF POLO SHIRTS:PUBLIC WORKS 91.03 91.03 CLEAR BLUE PROMOTIONS 191080 08/23/2018 018858 FRONTIER CALIFORNIA INC AUG INTERNET SVCS:SR CTR,SKATE 206.12 206.12 PARK Page:8 apChkLst Final Check List Page: 9 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191081 08/23/2018 019710 FU,JIMMY PHOTOGRAPHY SRVCS:ECO DEV 200.00 200.00 191082 08/23/2018 009097 FULL COMPASS SYSTEMS SOUND/LIGHTING&MISC SUPPLIES: 106.40 THEATER SOUND/LIGHTING&MISC SUPPLIES:TH 3,110.96 SOUND/LIGHTING&MISC SUPPLIES:TH 1,146.40 4,363.76 191083 08/23/2018 016184 FUN EXPRESS,LLC, MISC SUPPLIES:MPSC 146.47 146.47 SUBSIDIARY OF ORIENTAL TR 191084 08/23/2018 000177 GLENNIES OFFICE PRODUCTS Office Supplies-Planning 49.75 INC Office Supplies-Planning 395.25 MISC OFC SUPPLIES:CODE ENFORCEMI 108.98 Office Supplies-Planning 574.86 Office Supplies-Planning 17.44 MISC.OFFICE SUPPLIES:BC 170.43 OFFICE SUPPLIES:PW STREET MAINT 32.41 OFFICE SUPPLIES:PW STREET MAINT 46.92 OFFICE SUPPLIES:PW STREET MAINT 420.90 OFFICE SUPPLIES:INFO TECH 179.32 Office Supplies-Planning 394.49 CREDIT OFFICE SUPPLIES/PW STREET -27.78 CREDIT ITEMS RETURNED/PLANNING -504.74 1,858.23 191085 08/23/2018 019721 GOVCONNECTION INC METRO E-LINES TRANSCEIVER:INFO 1,334.58 TECH WIRELESS ACCESS POINT LICENSES:HE 544.58 1,879.16 191086 08/23/2018 003792 GRAINGER MISC STAGE SUPPLIES:THEATER 42.89 42.89 191087 08/23/2018 020748 HAAKER EQUIPMENT MISC PARTS&SUPPLIES:PW STREET 744.39 744.39 COMPANY,DBA TOTAL CLEAN MAINT Page9 apChkLst Final Check List Page: 10 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191088 08/23/2018 000186 HANKS HARDWARE INC maintenance supplies,various facilities 8.59 MAINTENANCE SUPPLIES:THEATER 34.42 maintenance supplies,various facilities 14.49 MAINTENANCE SUPPLIES:OLD TOWN 8.66 MAINTENANCE SUPPLIES:CRC 63.23 MAINTENANCE SUPPLIES:CRC 23.87 HARDWARE SUPPLIES-STA 73 18.11 HARDWARE SUPPLIES-STA 73 56.53 HARDWARE SUPPLIES-STA 73 25.95 HARDWARE SUPPLIES-STA73 51.54 MAINTENANCE SUPPLIES:AQUATICS 9.34 maintenance supplies,various facilities 19.15 maintenance supplies,various facilities 186.46 HARDWARE SUPPLIES-PW ST MAINT. 86.51 HARDWARE SUPPLIES:BC 12.33 HARDWARE SUPPLIES-STA 95 108.28 HARDWARE SUPPLIES-STA 73 17.26 744.72 191089 08/23/2018 002109 HD SUPPLY CONSTR.SUPPLY REPAIR&MAINTENANCE:STA 12 374.09 374.09 LTD,DBA HDS WHITE CAP CONST T 191090 08/23/2018 013749 HELIXSTORM INC IT INFRASTRUCTURE SUPPORT INFO 2,581.25 TECH IT INFRASTRUCTURE SUPPORT:INFO TE 2,587.50 5,168.75 191091 08/23/2018 001013 HINDERLITER DE LLAMAS& SALES TAX&RECOVERY SVCS:3RD 6,529.00 6,529.00 ASSOC QTR 191092 08/23/2018 003198 HOME DEPOT MAINT SUPPLIES:OLD TOWN 8,672.44 MAINTENANCE EQUIPMNT:HISTORY MUSEUM 335.34 9,007.78 191093 08/23/2018 017334 HOUSE OF AUTOMATION INC AUTOMATIC GATE REPAIR-STA 95 175.00 175.00 191094 08/23/2018 009734 IN-N-OUT BURGERS RFSHMNTS:FIRE&POLICE 1,300.00 1,300.00 APPRECIATION 191095 08/23/2018 019085 INTERPRETERS UNLIMITED TRANSLATION SRVCS:TEMECULA 142.00 142.00 INC POLICE 191096 08/23/2018 003296 INTL CODE COUNCIL MEMB RENEWAL:WIGLE,ELSA 240.00 240.00 191097 08/23/2018 012285 JOHNSTONE SUPPLY MAINTENANCE SUPPLIE:CIVIC CTR 38.06 MAINTENANCE SUPPLIE:CIVIC CTR 739.46 777.52 191098 08/23/2018 020259 KAVEH ENGINEERING AND, JUN CONST OVERLAND:PW16-06 88,415.08 88,415.08 CONSTRUCTION,INC Page:10 apChkLst Final Check List Page: 11 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191099 08/23/2018 001282 KNORR SYSTEMS INC AQUATIC SUPPLIES:VARIOUS POOLS 129.84 Margarita Splash Pad:Various Supplies 588.22 718.06 191100 08/23/2018 020847 LAURA L.NEWMAN AND THE RELEASE CLAIMS AGREEMENT 7,500.00 7,500.00 LAW,FIRM OF LAURETI& PAYMENT ASSOC. 191101 08/23/2018 000210 LEAGUE OF CALIF CITIES REGISTANN'L CONF:EDWARDS,M. 40.00 40.00 9/12 191102 08/23/2018 003726 LIFE ASSIST INC EMERGENCY MEDICAL EQUIP:MEDIC 2,169.55 EMERGENCY MEDICAL EQUIP:MEDIC 8.406.20 10,575.75 191103 08/23/2018 004230 LINCOLN EQUIPMENT INC POOL EQUIPMENT:AQUATICS 30.96 30.96 191104 08/23/2018 003782 MAIN STREET SIGNS,DBA SIGN REPLACEMENT SUPPLIES:PW 134.69 134.69 ATHACO INC STREETS 191105 08/23/2018 018314 MICHAEL BAKER JUN ENG SUPPORT SVCS:PW04-08 8,992.00 8,992.00 INTERNATIONAL 191106 08/23/2018 013827 MIKO MOUNTAINLION INC CONCRETE CATCH BASIN:DEER 4,000.00 4,000.00 HOLLOW WAY 191107 08/23/2018 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES:CIVIC CTR 65.95 INC ELECTRICAL SUPPLIES:CIVIC CTR 255.78 ELECTRICAL SUPPLIES:VARI PARKS 204.83 526.56 191108 08/23/2018 017956 MONOPRICE INC AUDIO VISUAL SUPPLIES:INFO TECH 12.05 12.05 191109 08/23/2018 004586 MOORE FENCE COMPANY INC BIRDSALL PARK:NEW VINYL FENCING 7,715.64 7,715.64 191110 08/23/2018 004040 MORAMARCO,ANTHONY J, TCSD INSTRUCTOR EARNINGS 1,800.00 1,800.00 DBA BIGFOOT GRAPHICS 191111 08/23/2018 002925 NAPA AUTO PARTS MISC SUPPLIES:PW STREET MAINT. 17.49 17.49 191112 08/23/2018 020234 NELSON RANDY,DBA Radar printer writer motor mount:police 540.00 540.00 MOTORCYCLE DYNAMICS Page:11 apChkLst Final Check List Page: 12 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191113 08/23/2018 001323 NESTLE WATERS NORTH 6/23-7/22/18 DRINKING WATER:CRC 210.71 AMERICA,DBA READYREFRESH 6/23-7/22/18 DRINKING WATER:TCC 37.76 6/23-7/22/18 DRINKING WATER:FOC 159.98 6/23-7/22/18 DRINKING WATER:TVM 36.27 6/23-7/22/18 DRINKING WATER:SKATE 8.61 6/23-7/22/18 DRINKING WATER:PBSP 46.24 6/23-7/22/18 DRINKING WATER:OTTT 56.56 6/23-7/22/18 DRINKING WATER:LIBRARY 113.41 6/23-7/22/18 DRINKING WATER:IWTCM 24.89 6/23-7/22/18 DRINKING WATER:MRC 45.73 740.16 191114 08/23/2018 000209 NUTRIEN AG SOLUTIONS INC VARI SUPPLIES:FIRE STATION#12 338.95 REPAIR&MAINTENANCE-STA 95 206.95 545.90 191115 08/23/2018 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES:PW LAND DEV 225.73 225.73 DIV 191116 08/23/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:TCSD 1,352.68 1,352.68 191117 08/23/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:POLICE 1,196.55 1,196.55 191118 08/23/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PW LAND 174.34 DEV CITY VEHICLE MAINT SVCS:PW FACILITI 456.93 CITY VEHICLE MAINT SVCS:PW FACILITI 427.98 CITY VEHICLE MAINT SVCS:PW LAND DE 425.13 CITY VEHICLE MAINT SVCS:PW CIP 204.83 CITY VEHICLE MAINT SVCS:PW CIP 1,176.10 CITY VEHICLE MAINT SVCS:PW FACILITI 54.74 CITY VEHICLE MAINT SVCS:PW PARKS 479.95 CITY VEHICLE MAINT SVCS:PW PARKS 565.98 CITY VEHICLE MAINT SVCS:PW TRAFFIC 61.03 4,027.01 191119 08/23/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:FIRE PREV 54.74 54.74 191120 08/23/2018 020848 PATRICK,DAMION ESRI USER CONF:7/10-7/12/18 168.62 168.62 191121 08/23/2018 000249 PETTY CASH PETTY CASH REIMBURSEMENT 884.37 884.37 191122 08/23/2018 011549 POWER SPORTS UNLIMITED, VEH MAINT&REPAIR:TEMECULA 359.76 359.76 DBA BMW MOTORCYCLES OF POLICE NO 191123 08/23/2018 000254 PRESS ENTERPRISE 26 WK SUBSCR:CITY MGR OFC 223.65 223.65 COMPANY INC 180905647 Page:12 apChkLst Final Check List Page: 13 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191124 08/23/2018 020842 PROGRESSIVE ENERGY REFUND:DUPLICATE PMT FOR NSF 420.50 420.50 SOLUTIONS CHECK 191125 08/23/2018 000947 RANCHO REPROGRAPHICS REPROGRAPHIC SRVCS:BTRFLD STG 43.39 RD PH III REPROGRAPHIC SRVCS:BTRFLD STG R 350.18 393.57 191126 08/23/2018 020429 REMOTE SATELLITE SYSTEMS SEPT'18 SATELLITE PHONE 280.00 280.00 INT'L SRVCS:EOC 191127 08/23/2018 001365 RIVERSIDE,COUNTY OF, APR-JUN VECTOR CONTROL 3,742.81 3,742.81 ENVIRONMENTAL HEALTH SRVCS:CODE ENF DEPT 191128 08/23/2018 017446 ROSE AGAIN FOUNDATION FY 17/18 CDBG SUB-RECIPIENT-KIDS 3,206.00 3,206.00 SOAR 191129 08/23/2018 017549 ROSEN AND ROSEN SAFETY UNIFORMS:PW PARK MAINT 42.80 42.80 INDUSTRIES INC,DBA R&R INDUSTRIES INC 191130 08/23/2018 004274 SAFE AND SECURE LOCKSMITH REPAIR:STA 92 321.59 LOCKSMITH SRVC LOCKSMITH SRVCS:CRC 44.72 LOCKSMITH SRVCS:VAIL RANCH PARK 128.70 495.01 191131 08/23/2018 010366 SAN DIEGO COUNTY MOTOR, 2018 MOTOR TRNG 9/14-15 8 POLICE 560.00 560.00 OFFICERS ASSOCIATION OFFICER 191132 08/23/2018 000278 SAN DIEGO UNION-TRIBUNE JUL LEGAL ADVERTISING:CITY 1,080.86 1,080.86 CLERK/PLNG 191133 08/23/2018 009980 SANBORN GWYNETH A,CO COUNTRY LIVE!@ THE MERC 8/18/18 517.25 517.25 TEMECULA MUSIC ACADEMY 191134 08/23/2018 009213 SHERRY BERRY MUSIC JAZZ @ THE MERC 8/16/18 544.00 BRAVURA YOUTH JAZZ BAND 8/18/18 625.00 FY 18/19 ENTERTAINMENT:THEATER 17,500.00 JAZZ @ THE MERC 7/12/18 567.00 19,236.00 Page:13 apChkLst Final Check List Page: 14 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191135 08/23/2018 000293 STADIUM PIZZA INC RFRSHMNTS:SOOOTER NIGHTS 8/10 146.80 RFRSHMNTS:FUTURE PHYSICIANS 7/17 103.80 RFRSHMNTS:LEADERSHIP 7/18 245.03 RFRSHMNTS:FUTURE PHYSICIANS 7/24 105.20 RFRSHMNTS:LEGAL SCHOLARS 7/27 130.77 RFRSHMNTS:LEGAL SCHOLARS 8/01 136.70 RFRSHMNTS:LEGAL SCHOLARS 8/03 155.15 RFRSHMNTS:FUTURE PHYSICIANS 7/31 113.77 RFRSHMNTS:STEM 7/16 195.75 RFRSHMNTS:LEGAL SCHOLARS 7/23 188.63 RFRSHMNTS:STEM 7/23 173.20 RFRSHMNTS:STEM 7/24 164.14 RFRSHMNTS:LEGAL SCHOLARS 8/10 170.67 RFRSHMNTS:STEM 7/30 199.10 RFRSHMNTS:LEADERSHIP 8/03 153.00 2,381.71 191136 08/23/2018 018844 STANTEC CONSULTING JUN CONSULTING SRVCS:BTRFLD 920.00 SERVICES STG RD PH3 MAY CONSULTING SRVCS:BTRFLD STG 2,767.20 3,687.20 191137 08/23/2018 002015 STAR WAY SYSTEMS SOUND TECHNICIAN:JULY 4TH 1,625.00 1,625.00 CORPORATION,DBA SO CALIF PARADE SOUND 191138 08/23/2018 000220 STEVEN LABEL PRINTING SRVCS:CIP COVERS 97.88 CORPORATION,DBA ROBINSON PRINTING PRINTING SRVCS:CIP DIVIDERS&COME 641.63 739.51 191139 08/23/2018 003840 STRONGS PAINTING PAINTING SRVCS:CRC 750.00 750.00 191140 08/23/2018 013387 SWEEPING UNLIMITED INC JUL SWEEPING SRVCS:PARKING 540.00 540.00 GARAGE 191141 08/23/2018 003599 T Y LIN INTERNATIONAL 5/26/18-6/30/18 SRVCS:F.V.PKWY/I-15 105,854.00 105,854.00 191142 08/23/2018 000515 TEMECULA VALLEY CHAMBER WOMEN IN BUSINESS SEM:8/30 6 300.00 300.00 OF,COMMERCE TCSD STAFF 191143 08/23/2018 012676 THERMAL SOLUTIONS INTL, TICKET WRITING DEVICE PAPER: 294.75 294.75 DBA:POSPAPER.COM POLICE 191144 08/23/2018 017415 THYSSENKRUPP ELEVATOR ELEVATOR REPAIRS:PARKING 2,966.00 2,966.00 CORP STRUCTURE 191145 08/23/2018 016311 TIERCE,NICHOLAS GRAPHIC DSGN SRVCS:THEATER 3,060.00 3,060.00 Page:14 apChkLst Final Check List Page: 15 08/23/2018 9:44:15AM CITY OF TEMECULA Bank: union UNION BANK (Continued) Check# Date Vendor Description Amount Paid Check Total 191146 08/23/2018 004124 TRUELINE CONSTRUCTION TENNIS COURT 1,200.00 1,200.00 AND,SURFACING INC RESURFACING:MARGARITA PARK 191147 08/23/2018 017579 U S HEALTHWORKS MEDICAL, MEDICAL SCREENINGS:HR/ECON DEV 506.00 506.00 GROUP PC 191148 08/23/2018 008977 VALLEY EVENTS,INC. RENTAL:FIRE/POLICE APPRECIATION 308.00 8/30 EVENT SERVICES:HIGH HOPES 8/17/18 650.00 958.00 191149 08/23/2018 014848 VALUTEC CARD SOLUTIONS JUL TICKETING SRVCS:THEATER 101.96 101.96 LLC 191150 08/23/2018 018174 VCA ANIMAL HOSPITALS,INC. K-9 VET CARE:TEMECULA POLICE 203.82 K-9 VET CARE:TEMECULA POLICE 881.34 1,085.16 191151 08/23/2018 018147 WADDLETON,JEFFREY L. DJ/ANNOUNCER SRVCS:FIRE/POLICE 360.00 360.00 APPRC 191152 08/23/2018 020275 WALLACE&ASSOC 7/2-29/18 CONSTR MGMT:PARK&RIDE 11,868.00 11,868.00 CONSULTING INC 191153 08/23/2018 007987 WALMART HOSPITALITY&MISC 49.41 49.41 SUPPLIES:THEATER 191154 08/23/2018 019375 WARD,ROSANNE REIMB:NOTARY BOND FILING 65.92 65.92 FEE/MILEAGE 191155 08/23/2018 011213 WAVE WATERPARK,THE EXCURSION:TEENS SUMMER DAY 294.25 294.25 CAMP 8/7 191156 08/23/2018 013556 WESTERN AV ENG DSGN&DRAFTING SRVCS:I.T. 48,000.60 48,000.60 191157 08/23/2018 020846 WILSON,RITA REFUND:SEC DEP:RM RENTAL:TCC 200.00 200.00 191158 08/23/2018 004567 WITCHER ELECTRIC,AKA ELECTRICAL SRVCS:STA 92 345.00 TERRENCE KEVIN WITCHE INSTALL ELECTRIC METER:WOODCRES. 960.00 INSTALL(4)20 AMP OUTLETS:CRC 860.00 REPLACE METER PEDESTAL:OLD TOWN 1,260.00 3,425.00 191159 08/23/2018 005195 ZOOLOGICAL SOCIETY OF EXCURSION:SUMMER DAY CAMP 8/9 6,212.30 6,212.30 SANDIEGO,DBA:SAN DIEGO ZOO GLOBAL Grand total for UNION BANK: 783,048.12 Page:15 apChkLst Final Check List Page: 16 08/23/2018 9:44:15AM CITY OF TEMECULA 201 checks in this report. Grand Total All Checks: 783,048.12 Pagel 6 Item No . 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Lisa McConnell, Chief of Police DATE: September 11, 2018 SUBJECT: Approve an Agreement for Toxicology and Lab Services with Bio Tox Laboratories, Inc. for the Temecula Police Department PREPARED BY: Lt. James Rayls, Temecula Police Department Mary Vollmuth, Purchasing Manager RECOMMENDATION: That the City Council approve an Agreement for Toxicology and Lab Services with Bio Tox Laboratories, Inc., in the amount of $50,000, for Fiscal Year 2018-19 and a total five-year contract amount of$250,000. BACKGROUND: The City contracts with the Riverside County Sheriff's Department for law enforcement services. The Temecula Police Department is required to perform the appropriate legal testing for any drivers apprehended within Temecula City limits for driving under the influence (DUI) and obtain expert examination of forensic evidence collected at a crime scene. Services rendered by Bio Tox Laboratories to the Temecula Police Department are budgeted and paid by the City of Temecula. To maintain policy and procedure continuity between Temecula Police and the Riverside County Sheriff's Department, the City of Temecula often "piggybacks" on Riverside County competitively bid contracts to ensure the contractor selected meets standards and the evidence chain of command, documentation, and process is consistent between agencies. On July 1, 2018 the County of Riverside awarded a five-year contract to Bio Tox Laboratories, Inc, for toxicology and lab services with terms enabling other law enforcement agencies within the County to utilize their services with the same terms and fee schedule. To remain cost effective and in alignment with the County contract, Staff recommends approving the Agreement with Bio Tox Laboratories, Inc. for the total five-year contract amount of$250,000. FISCAL IMPACT: Adequate funds are available in the current Fiscal Year 2018-19 Temecula Police Department Operating Budget. ATTACHMENTS: Bio Tox Laboratories, Inc. Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND BIO TOX LABORATORIES, INC. FOR TOXICOLOGY AND LAB SERVICES THIS AGREEMENT is made and effective as of September 11, 2018, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Bio Tox Laboratories 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, 2018 and shall remain and continue in effect until tasks described herein are completed, but in no event later than September 11, 2023, unless sooner terminated pursuant to the provisions of this Agreement. The Agreement price shall be adjusted at the beginning of each fiscal year as negotiated with the County of Riverside in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Riverside-San Bernardino-Ontario Area using April year over year change by the United States Bureau of Labor Statistics (CPI). 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Fifty Thousand Dollars and No Cents ($50,000.00) each fiscal year for a total not to exceed Agreement amount of Two Hundred Fifty Thousand Dollars and No Cents ($250,000.00) unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager . Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City's written authorization is given to Consultant for the performance of said services. 1 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 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 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. 3 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio ToxlToxicology and Lab Services.Police.08.20.18 06/29/2018 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)accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula,Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 4 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries,wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. CONFIDENTIALITY a. The Consultant shall not use for personal gain or make other improper use of privileged or confidential information which is acquired in connection with this Agreement. The term "privileged" or "confidential information" includes but is not limited to: unpublished or sensitive technological or scientific information; medical, personnel, or security records; anticipated material requirements or pricing/purchasing actions; City information or data which is not subject to public disclosure; City operational procedures, and knowledge of selection of contractors, subcontractors or suppliers in advance of official announcement. 5 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 b. The Consultant shall protect from unauthorized disclosure of names and other identifying information concerning persons receiving services pursuant to this Agreement, except for general statistical information not identifying any person. The Consultant shall not use such information for any purpose other than carrying out the Consultant's obligations under this Agreement. The Consultant shall promptly transmit to the City all third-party requests for disclosure of such information. The Consultant shall not disclose, except as otherwise specifically permitted by this Agreement or authorized in advance in writing by the City, any such information to anyone other than the City. For purposes of this paragraph, identity shall include, but not be limited to, name, identifying number, symbol, or other identifying particulars assigned to the individual, such as finger or voice print or a photograph. c. The Consultant is subject to and shall operate in compliance with all relevant requirements contained in the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, enacted August 21, 1996, and the related laws and regulations promulgated subsequent thereto. d. A supplemental HIPAA Business Associate Agreement ("Supplemental Agreement") is made part of this Agreement ("Agreement') between the City and Consultant attached hereto and incorporated herein as Exhibit C and shall be effective as of the date this Agreement is approved by both parties (the "Effective Date"). 13. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set 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. 6 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Bio Tox Laboratories, Inc. Attn: Tracey Stangarone 1965 Chicago Avenue, Ste. C Riverside, CA 92507 15. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 16. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof,the Consultant, or Consultant's sub-contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub-contractors on this project. Consultant further agrees to 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, 7 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio ToxfToxicology and Lab Services.Police.08.20.18 06/29/2018 understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. 8 Rt/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BIO TOX LABORATORIES, 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: Matt Rahn, Mayor Tracey Stangarone, President ATTEST: By: By: 444- Randi Johl, City Clerk Dale R. Somers,Vice President APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Bio Tox Laboratories, Inc. Attn: Tracey Stangarone 1965 Chicago Avenue, Ste. C Riverside, CA 92507 Phone: 951-341-9355 E-Mail: tracey©biotoxlabs.com PM Initials: Date: 9 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 EXHIBIT A Tasks to be Performed / Scope of Work The City of Temecula contracts Police services with the County of Riverside Sheriff Department. The County of Riverside has entered into Contract ID #SHARC-96148-002-06/23 with Bio Tox Laboratories. Bio Tox Laboratories has approved the City of Temecula to obtain the same services and pricing as outlined in Section 13, Exhibit A and Exhibit B of the County of Riverside contract. Response Time: Acceptable response time from notification that a specimen is ready for pick-up and delivery/postmark if mailing a final report, is to be no longer than three (3) working days (working days are 8:00 a.m. to 5:00 p.m., Monday through Friday). Final laboratory reports are to be delivered/mailed by the lab to the requesting agency: Specimens shall be obtained from and reports delivered to the Temecula Police Department at the following location: Temecula Police Department Southwest Station 30755-A Auld Road Murrieta, CA 92562 Phone: 951-696-3000—Southwest Station Main Line/Normal Working Hours Monday-Friday Licenses & Certification: a. Qualifications of the Lab Director should include being licensed by the California Department of Health Services as a Supervising Clinical Toxicologist or a Board Certified Forensic Toxicologist. b. Supervisors of analyst must be licensed by the California Department of Health Services in Clinical Toxicology; or a Board Certified Forensic Toxicologist. c. The Laboratory must be accredited in Forensic Toxicology by the American Board of Forensic Toxicology (ABFT). Experience: Suppliers and agents of the Laboratory must be familiar with the handling of evidence and the proper protocol for documenting and maintaining the correct chain of evidence. All aspects of testing must be appropriately documented. The documentation will include personnel files on Analysts, Supervisors, Directors and all persons with access to specimens; chain of custody documents; quality assurance/control records; all test data; performance on proficiency testing can be accomplished and there is no deterioration of these items of evidence. Expert Witness: The City of Temecula reserves the right to request replacement of any professional during the term of this Agreement that is found to be unacceptable to the Court. A board certified toxicologist shall be available as necessary for courtroom testimony and Coroner review, as well as, consultations with City and County staff. Testing Procedures: 10 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 a. Testing must consist of the screening of appropriate bodily fluids (e.g., blood, urine, bile, vitreous, gastric contents) and tissues (e.g., liver, brain spleen muscle) for the presence or absence of drugs and/or alcohol, followed by confirmation of the amounts of drugs or alcohol. Confirmation of drugs must be confirmed via a second procedure based on a different chemical principle. Initial screening can be done by immunoassay; however, only gas chromatography/mass spectrometry (GC/MS) and Liquid Chromatography/Mass Spectrometry (LC/MS/MS) will be considered acceptable for confirmation testing. b. The service may utilize one or more secondary toxicology laboratories for forensic testing of substances not provided by the primary laboratory (Send out or other reference laboratory). The secondary facility shall conform to the license and certification requirements of the primary laboratory. Special Considerations: The proposal shall include an itemized listing of any potential special fees (e.g., handling charges, chain of custody, tissue preparation) and listing if tests requiring a secondary laboratory (send outs). It shall specify approximate turnaround times for reporting results on routine, rush and STAT cases. Specimens are to maintained for a duration of two (2) years. Coroner's Office to be provided a list prior to disposal, to respond with any requests for sample return. City of Temecula Police shall follow the County of Riverside Sheriff/Coroner requirements. Currently, the Riverside County Sheriff-Coroner performs approximately 1,400- 1,500 autopsies per year and approximately 1,000 consultations (examination of the decedent without autopsy). The investigation of most of the autopsied decedents requires varying degrees of toxicological support on one or more specimens. Many decedents not requiring autopsy will be expected to have toxicological workup. 11 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 EXHIBIT B Payment Rates and Schedule Riverside County Sheriff contracts with Bio Tox Laboratories for toxicology and lab services. The contract with the County is for a period of five (5) years and the pricing for fiscal year 2018/19 services with the City of Temecula is per County pricing as outlined in County of Riverside contract ID#SHARC-96148-002-60/23 attached hereto and incorporated herein as though set forth in full. Any change in pricing during the term of this Agreement shall be per the fee structure (Payment Provisions) negotiated and agreed upon with the County of Riverside under their current contract. Bio Tox Laboratories shall provide the City of Temecula the pricing structure for any additional fiscal years upon request by the City of Temecula during the term of this Agreement. In no event shall such services with the City exceed $50,000 per fiscal year for a total five-year contract amount of$250,000 for the total term of the Agreement. The not to exceed amount listed herein is an estimated expenditure and this Agreement does not guarantee Consultant this amount in purchased services. 12 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox(Toxicology and Lab Services.Police.08.20.18 06/29/2018 EXHIBIT 13 PAYMENT PROVISIONS TEST DESCRIPTION Service Fee ALCOHOL AND VOLATILES Unit Cost I ALCOHOL,URINE S 42 2 ALCOHOL,VITREOUS S 42 3 ALCOHOL,BLOOD S 45 4 ALCOHOL,TISSUE S 55 5 ALCOHOLIC BEVERAGE jincluding Pnino) 5 99 6 VOLATILES PANEL(ACETONE,ISOPROPANOL,METHANOL) S 99 BARBITURATES PANEL.LC/MS/MS BARBITURATE CONFIRMATION,LC/MS/MS S 125 7 BUTALBITAL PHENOBARBITAL PENTOBARBITAI,iAMOBARBITA I. SECOBARBITAL. BENZODIAZEPINES PANEL,LC/MS/MS BENZODIAZEPINES CONFIRMATION,LC/MS/MS S 155 7-AMINOCLONAZEPAM ALPRAZOLAM AMINOELUNITRAZEPAM BROMAZEPAM CHLORDIAZEPDXIDE CLOBAZAM CLONAZEPAM CLONAZOLAM DELORAZEPAM DESALKYLFLURAZEPAM DIAZEPAM DICLAZEPAM ESTAZOLAM ETIZOLAM FLUBROMAZEPAM FLUBROMAZOLAM FLUNITRAZEPAM FLURAZEPAM 13 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 HYDROXALPRAZOLAM HYDROXYTRIAZOLAM LORAZEPAM MIDAZOLAM NORCI-ILORDIAZEPDXIDE NORDIAZEPAM OXAZEPAM I'HENAZEPAM PYRAZOLAM _ TEMAZEPAM TRIAZOLAM CANNABINOIDS CONFIRMATION,LC/MS/MS CANNABINOIDS CONFIRMATION,LC/MS/MS S 95 9 DELTA-9-THC 1 1-HYDROXY-DEL;I'A-9-THC 11-CARBOXY-DELTA-9-THC COCAINE CONFIRMATION,LC/MS/MS COCAINE CONFIRMATION,LC/MS/MS S 75 10 COCAINE — — BENZOYLECGONINE COCAETI-IYLENE CORONER DRUG SCREEN PANELS PLUS ALCOHOL I I COMPREHENSIVE PANEL DRUG SCREEN(BLOOD,URINE OR VITREOUS)-OVER 200 DRUGS DETECTABLE ECTABLE S 125 12 COMPREHENSIVE I'ANEL DRUG SCREEN(TISSUE)-OVER 200 DRUGS DETECTABLE $ 135 CORONER PANEL DRUG SCREEN(BLOOD OR VITREOUS)- 13 AMPHETAMINES,BENZODIAZEPINES,CANNABINOIDS,COCAINE. METABOLITE,OPIA'T'ES,PCP,CARISOPRODOL, FENTANYL, OXYCODONE,ZOI.PIDEM $ 75 CORONER PANEL DRUG SCREEN(TISSUE)-AMPFII FAMINES, 14 BENZODIAZEPINES,CANNABINOIDS,COCAINE METABOLITE, OPIATES,PCP,CAR ISOPRODOL,FENTANYL,OXYCODONE, ZOLPIDEM _ S 55 OTHER DRUG SCREENS 15 DRUGS OF ABUSE SCREEN-BENZODIAZEPINES,COCAINE METABOLITE,METHAMPHETAMINE,OPIATES,PCP,TI IC (ANTEMORTEM CASES ONLY) $ 42 14 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 I 0-PANEL DRUG SCREEN-AMPHETAMINES,BENZODIAZEPINES, 16 CANNABINOIDS,COCAINE METABOLITE,OPIATES,PCP, CARISOPRODOL,FENTANYL,OXYCODONE'.,ZOLPIDEM (AN'rE\IORTEM CASES ONLY) $ 65 17 AMPHETAMINES SCREEN(URINE,BLOOD OR VITREOUS) S 19 18 AMPHETAMINES SCREEN,'TISSULi S 25 19 BENZODIAZEPINES SCREEN(URINE,BLOOD OR VITREOUS) 5 19 20 BENZODIAZEPINES SCREEN(TISSUE) $ 25 21 CANNABINOIDS SCREEN(URINE,BLOOD OR VITREOUS) S 19 22 CANNABINOIDS SCREEN(TISSUE) S 25 23 COCAINE METABOLITE SCREEN(URINE,BLOOD OR VITREOUS) S 19 24 COCAINE METABOLITE SCREEN(TISSUE) S 25 25 DESIGNER STIMULANT SCREEN(URINE,BLOOD OR VrrREOUS) - 5 125 26 DESIGNER STIMULANT SCREEN(TISSUE) 3 135 27 LSD SCREEN(BLOOD OR VITREOUS) S 75 28 OPIATES SCREEN(URINE.BLOOD OR VITREOUS) S 19 29 OPIATES SCREEN(TISSUE) S 25 30 PHENCYCLIDINE SCREEN(URINE.BLOOD OR VITREOUS) S 19 AMPHETAMINES CONFIRMATION,LC/MS/MS AMPHETAMINES CONFIRMATION,LC/MS/MS 3 75 MET(-(AMPHETAMINE 31 AMPHETAMINE METHYLENEDIOXYAMPIIE'I'AMINE(MDA) METIIYLENEDIOXYMETI-IAMPIII3TAMINE(MDMA) MDEA BETA-PHENETHYI,AM INE OPIATES CONFIRMATION,LC/MS/MS OPIATES CONFIRMATION,LC/MS/MS 5 89 MORPHINE CODEINE 32 OXYCODONE IIYDROCODONE HYDROMORPHONE OXYMORPI IONE. 6-MONOACETYLMORPIIINE PIIENCYCLIDINE CONFIRMATION,LC/MS/MS 33 PHENCYCLIDINE,LC/[MIS/MS —_ S 39 OTHER DRUGS(AND/OR METABOLI'Z'E),LC/MS/MS 34 ACETAMINOPHEN S 99 15 R/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 35 ALBUTEROL _ S 99 36 AMITRIPTYLINE $ 99 37 ATENOLOL S 99 38 BENZTROPINE S 99 39 BROMPHENIRAMINE S 99 40 BUPRENORPHINE $ 99 41 BUPROPION S 125 42 BUSPIRONE $ 99 43 CARBAMAZEPINE _ S 99 44 CARISOPRODOL _ _____$ 99_ 45 CHLORPHENIRAMINE S _ 99 46 CHLORPROMAZINE $ 99 47 CTTALOPRAM/ESCITALOPRAM $ 99 48 CLONIDINE S 99 49 CYCLOBENZAPRINE S 99 r 50 DEXTROMETHORPHAN S 99 51 DIPHENHYDRAMINE S 99 52 DOXEPIN S 99 53 DOXYLAMINE $ 99 54 4 DULOXETINE S 99 55 FENTANYL S 99 56 FLUOXETINE $ 99 57 GABAPENTIN $ 125 58 GAMMA-HYDROXYBUTYRATE S 199 59 HALOPERIDOL S 99 60 HYDROXYZINE _ S 99_ 6I KETAMINE S 99 62 4 LAMOTRIGINE $ 99 63 LEVETIRACETAM S 99 64 LEVORPHANOL S 99 65 LIDOCAINE S 99 66 MECLIZINE _ $ 99 67 MEPERIDINE _ S 99 68 METHADONE S 99 69 METHOCARBAMOL S 99 70 MIRTAZAPINE $ 99 71 NALOXONE _ S 99 72 OLANZAPINE S 99 73 OXCARBAZEPINE S 99 16 R/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 74 PAROXETINE $ 99 75 r1-IENAZEPAM $ 99 76 PHENTERMINE S 99 77 PHENYTOIN S I25 78 PRIMIDONE S 99 79 PROMETIIAZINE S 99 80 PROPRANOLOL — S 99 81 PSEUDOEPHEDRINE S 99 82 QUETIAPINE $ 99 83 RISPERIDONE S 99 84 SERTRALINE $ 99 85 TOPIRAMATE $ 125 86 TRAMADOL S 99 87 TRAZODONE S 99 88 VENLAFAXINE S 99 89 ZOLPIDEM S 99 SPECIAL FEES 90 BIOHAZARD WASTE FEE 91 CAPITATION CORONER PANEI. S 475 92 CAPITATioN COMPREHENSIVE PANEL S 675 93 CAPITATION CORONER REVIEW $ 875 94 CHAIN OF CUSTODY-storage only per sample:no testing:antemortem S 15 95 CHAIN OF CUSTODY-storage only per sat>plc:no testing;post mortem S 15 96 HANDLING,SHIPPING&SPECIAL CARE at cost 97 LEAKING SAMPLE $ 25 98 MATRIX EFFECT-Unsuccessful quanttialive analysis due to unusual problems with submitted sample. S 150 99 NAME DISCREPANCY S 19 100 RUSH SAMPLE ANALYSIS-1-2 weeks turnaround time depending on complexity of case no charge 101 STAT PICK UP FEE-60 MILE MAXIMUM(Call for other arrangements outside of 60 miles) _ S 75 102 SAMPLE RETURN $ 25 103 STAT FEE,PER TEST-24 to 48 hauls Iurnanwtxl time S 200 104 TISSUE PREPARA'T'ION S _ 50 105 TRIP CHARGE S 2g Note: Capitation fees only include drugs tested by Bio Tox Laboratories and are inclusive fo the coroner panel or comprehensive panel drugs (i.e. bath salts and GHB are not included). Fee does not include tissue prep fees, chain of custody samples, or tests done after initial receipt. Drugs listed are subject to review and change as deemed necessary by laboratory management. Testimony fees will be billed to the District Attorney directly, not to the City of Temecula/Temecula Police Department or Riverside County Sheriff's Department. 17 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tax/Toxicology and Lab Services.Police.08.20.18 06/29/2018 EXHIBIT C HIPAA Business Associate Agreement ("Supplemental Agreement") Between the City of Temecula and Bio Tox Laboratories, Inc. This HIPAA Business Associate Agreement ("Supplemental Agreement") as outlined in Section 12 of this Agreement is attached hereto and incorporated herein as though set forth in full. By signing the Agreement with the City of Temecula, Consultant acknowledges and accepts Exhibit C. RECITALS: WHEREAS, City and Consultant entered into the Agreement ("Agreement") for Toxicology and Lab Services pursuant to which the Consultant provides services to the City of Temecula, and in conjunction with the provision of such services certain protected health information ("PHI")and/or certain electronic protected health information ("ePHI") may be created or made available to Consultant for the purpose of carrying out its obligations under the Agreement. WHEREAS, the provisions of the Heath Insurance Portability and Accountability Act of 1996 ("HIPAA"), Public Law 104-191 enacted August 21, 1996, and the Health Information Technology for Economic and Clinical Health Act ("HITECH") of the American Recovery and Reinvestment Act of 2009, Public Law 111-5 enacted February 17, 2009, and the laws and regulations promulgated subsequent thereto, as may be amended from time to time, are applicable to the protection of any use or disclosure of PHI and/or ePHI pursuant to the Agreement; and, WHEREAS, City is a covered entity, as defined in the Privacy Rule; and, WHEREAS, to the extent City discloses PHI and/or ePHI to Consultant or Consultant creates, receives, maintains, transmits, or has access to PHI and/or ePHI of City, Consultant is a business associate, as defined in the Privacy Rule; and, WHERAS, City is a covered entity, as defined in the Privacy Rule; and, WHEREAS, pursuant to 42 USC17931 and 17934, certain provisions of the Security Rule and Privacy Rule apply to a business associate of a covered entity in the same manner that they apply to the covered entity, the additional security and privacy requirements of HITECH are applicable to business associates and must be incorporated into the business associate agreement, and a business associate is liable for civil and criminal penalties for failure to comply with these security and/or privacy provisions; and, WHEREAS, the parties intend to enter into this Agreement ("Supplemental Agreement") to address the requirements and obligations set forth in the Privacy, Rule, Security Rule, HITECH and HIPAA as they apply to Consultant as a business associate of City, including the establishment of permitted and required uses and disclosures of PHI and/or ePHI created or received by Consultant during the course of performing functions, services, and activities on behalf of City, and appropriate limitations and conditions on such uses and disclosures; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 18 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 1. Definitions. Terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HITECH, HIPAA, Security Rule and/or Privacy Rule, as may be amended from time to time, A. "Breach" when used in connection with PHI means the acquisition, access, use or disclosure of PHI in a manner not permitted under subpar E of the Privacy Rule which compromises the security of privacy of the PHI, and shall have the meaning given such term in 45 CFR 164.402. (1) Except as provided below in Paragraph (2) of this definition, acquisition, access, use or disclosure of PHI in a manner not permitted by subpart E of the Privacy Rule is presumed to be a breach unless Consultant demonstrates that there is a low probability that the PHI has been compromised based on risk assessment of at least the following four factors: (a) The nature and extent of the PHI involved, including the types of identifiers and the likelihood of re-identification; (b) The unauthorized person who used the PHI or to whom the disclosure was made; (c) Whether the PHI was actually acquired or viewed; and (d) The extent to which the risk to the PHI has been mitigated. (2) Breach Excludes: (a) Any unintentional acquisition, access or use of PHI by a workforce member or person acting under the authority of a covered entity or business associate, if such acquisition, access or use was made in good faith and within the scope of authority and does not result in further use or disclosure in a manner not permitted under subpart E of the Privacy Rule. (b) Any inadvertent disclosure by a person who is authorized to access PHI at a covered entity or business associate to another person authorized to access PHI at the same covered entity, business associate, or organized health care arrangement in which City participates, and the information received as a result of such disclosure is not further used or disclosed in a manner not permitted by subpart E of the Privacy Rule. (c) A disclosure of PHI where a covered entity or business associate has a good faith belief that an unauthorized person to whom the disclosure was made would not reasonably have been able to retain such information. B. "Business Associate" has the meaning given such term in 45 CFR 164.501, including but not limited to a subcontractor that creates, receives, maintains, transmits or accesses PHI on behalf of the business associate. C. "Data Aggregation" has the meaning given such term in 45 CFR 164.501. D. "Designated Record Set" as defined in 45 CFR 164.501 means a group of records maintained by or for a covered entity that may include: the medical records and billing records about individuals maintained by or for a covered health care provider; the enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for a health plan; or, used, in whole or in part, by or for the covered entity to make decisions about individuals. E. "Electronic Protected Health Information" ("e-PHI") as defined in 45 CFR 160.103 means protected health information transmitted by or maintained in electronic media. F. "Electronic Health Record" means an electronic record of health-related information on an individual that is created, gathered, managed, and consulted by authorized health care clinicians and staff, and shall have the meaning given such term in 42 USC 17921(5). 19 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Toxfroxicology and Lab Services.Police.08.20.18 06/29/2018 G. "Health Care Operations" has the meaning given such term in 45 CFR 164.501. H. "Individual" as defined in 45 CFR 160.103 means the person who is the subject of protected health information. I. "Person" as defined in 45 CFR 160.103 means a natural person, trust or estate, partnership, corporation, professional association or corporation, or other entity, public or private. J. "Privacy Rule" means the HIPAA regulations codified at 45 CFR Parts 160 and 164, Subparts A and B. K. "Protected Health Information"("PHI")has the meaning given such term in 45 160.103, which includes ePHI. L. "Required By Law" has the meaning given such term in 45 CFR 164.103 M. "Secretary" means the Secretary of the U.S. Department of Health and Human Services ("HHS"). N. "Security Incident" as defined in 45 CFR 164.304 means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of information or interference with system operations in an information system. O. "Security Rule" means the HIPAA Regulations codified at 45 CFR Parts 160 and 164, Subparts A and C. P. "Subcontractor" as defined in 45 CFR 160.103 means a person to whom a business associate delegates a function, activity, or service, other than in the capacity of a member of the workforce of such business associate. Q. "Unsecured Protected Health Information" and "Unsecured PHI" as defined in 45 CFR 164.402 means PHI not rendered unusable, unreadable, or indecipherable to unauthorized persons through use of a technology or methodology specified by the Secretary in the guidance issued under 42 USC 17932(h)(2). 2. Scope of Use and Disclosure by Contractor of City's PHI and/or ePHI. A. Except as otherwise provided in this Supplemental Agreement, Consultant may use, or access PHI and/or ePHI as necessary to perform any and all obligations of Consultant under the Supplemental Agreement or to perform functions, activities or services for, or on behalf of, City as specified in this Supplemental Agreement, if such use or disclosure does not violate HIPAA, HITECH, the Privacy Rule and/or Security Rule. B. Unless otherwise limited herein, in addition to any other uses and/or disclosures permitted or authorized by this Supplemental Agreement or required by law, in accordance with 45 CFR 164.504€(2), Consultant may: (1) Use PHI and/or ePHI if necessary for Consultant's proper management and administration and to carry out its legal responsibilities; and, (2) Disclose PHI and/or ePHI for the purpose of Consultant's proper management and administration or to carry out its legal responsibilities; only if: a) The disclosure is required by law; or, b) Consultant obtains reasonable assurances, in writing,from the person to whom Consultant will disclose such PHI and/or ePHI that the person will: Hold such PHI and/or ePHI in confidence and use or further disclose it only for the purpose for which Consultant disclosed it to the person, or as required by law; and, ii. Notify City of any instances of which it becomes aware in which the confidentiality of the information has been breached; and, (3) Use PHI to provide data aggregation services relating to the health care operations of City pursuant to the Supplemental Agreement or as requested by the City; and, 20 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 (4) De-identify all PHI and/or ePHI of City received by Consultant under this Supplemental Agreement provided that the de-identification conforms to the requirement of the Privacy Rule and/or Security Rule and does not preclude timely payment and/or claims processing and receipt. C. Notwithstanding the foregoing, in any instance where applicable State and/or Federal laws and/or regulations are more stringent in their requirements than the provisions of HIPAA, including, but not limited to, prohibiting disclosure of mental health and/or substance abuse records, the applicable State and/or Federal laws and/or regulations shall control the disclosure records, 3. Prohibited Uses and Disclosures. A. Consultant may neither use, disclose, nor access PHI and/or ePHI in a manner not authorized by the Agreement or Supplemental Agreement without patient authorization or de-identification of the PHI and/or ePHI and as authorized in writing from the City. B. Consultant may neither use, disclose nor access PHI and/or ePHI it receives from the City or from another business associate of City, except as permitted or required by this Supplemental Agreement, or as required by law. C. Consultant agrees not to make any disclosure of PHI and/or ePHI that City would be prohibited from making. D. Consultant shall not use or disclose PHI for any purpose prohibited by the Privacy Rule, Security Rule, HIPAA and/or HITECH, including, but not limited to 42 USC 17935 and 17936. Consultant agrees: (1) Not to use or disclose PHI for fundraising, unless pursuant to the Agreement or Supplemental Agreement and only if permitted by and in compliance with the requirements of 45 CFR 164.514(f) or 45 CFR 164.508; (2) Not to use or disclose PHI for marketing, as defined in 45 CFR 164.514 or 45 CFR 164.508. (3) Not to disclose PHI, except as otherwise required by law, to a health plan for purposes of carrying out payment or health care operations, if the individual has requested this restriction pursuant to 42 USC 17935(a) and 45 CFR 164.522, and has paid out of pocket in full for the health care item or services to which the PHI solely relates; and, (4) Not to received, directly or indirectly, remuneration in exchange for PHI, or engage in any act that would constitute a sale of PHI, as defined in 45 CFR 164.502(a)(5)(ii), unless permitted by the Agreement or Supplemental Agreement and in compliance with the requirements of a valid authorization under 45 CFR 164.508(a)(4). This prohibition shall not apply to payment by the City to Consultant for services provided pursuant to the Agreement. 4. Obligations of City. A. City agrees to make its best efforts to notify Consultant promptly in writing of any restrictions on the use or disclosure of PHI and/or ePHI agreed to by the City that may affect Consultant's ability to perform its obligations under the Agreement or the Supplemental Agreement. B. City agrees to make its best efforts to promptly notify Consultant in writing of any changes in, or revocation of, permission by any individual to use or disclose PHI and/or ePHI, if such changes or revocation may affect Consultants ability to perform its obligations under the Agreement or the Supplemental Agreement. 21 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 C. City agrees to make its best efforts to promptly notify Consultant in writing of any known limitation(s) in its notice of privacy practices to the extent that such limitation may affect Consultant's use or disclosure of PHI and/or ePHI. D. City agrees not to request Consultant to use or disclose PHI and/or ePHI in any manner that would not be permissible under HITECH, HIPAA, and the Privacy Rule, and/or Security Rule. E. City agrees to obtain authorizations necessary for the use or disclosure of PHI and/or ePHI, so that Consultant can perform its obligations under this Agreement and Supplemental Agreement. 5. Obligations of Consultant. In connection with the use or disclosure of PHI and/or ePHI. Consultant agrees to: A. Use or disclose PHI only if such use or disclosure complies with each applicable requirement of 45 CFR164.504(e). Consultant shall also comply with the additional privacy requirements that are applicable to covered entities in HITECH, as may be amended from time to time. B. Not use or further disclose PHI and/or ePHI other than as permitted or required by this Supplemental Agreement or as required by law. Consultant shall promptly notify the City if Consultant is required by law to disclose PHI and/or ePHI. C. Use appropriate safeguards and comply, where applicable, with the Security Rule with respect to ePHI,to prevent use or disclosure of PHI and/or ePHI other than as provided for by this Supplemental Agreement. D. Mitigate, to the extent possible, any harmful effect that is known to Consultant of a use or disclosure of PHI and/or ePHI by Consultant in violation of this Supplemental Agreement. E. Report to City any use or disclosure of PHI and/or ePHI not provided for by this Supplemental Agreement or otherwise in violation of HITECH, HIPAA, the Privacy Rule, and/or Security Rule of which Consultant becomes aware, including breaches of unsecured PHI as required by 45 CFR 164.410. F. In accordance with 45 CFR 164.502(e)(1)(ii), require that any subcontractors that create, receive, maintain, transmit or access PHI on behalf of the Consultant agree through contract to the same restrictions and conditions that apply to Consultant with respect to such PHI and/or Ephi, including the restrictions and conditions pursuant to this Supplemental Agreement. G. Make available to City of the Secretary, in the time and manner designated by the City or Secretary, Consultants internal practices, books and records relating to the use, disclosure and privacy protection of PHI received from City, or created or received by Consultant on behalf of City, for purposes of determining, investigating or auditing Consultant's and/or City's compliance with the Privacy Rule. H. Request, use or disclose only the minimum amount of PHI necessary to accomplish the intended purpose of the request, use or disclosure in accordance with 42 USC 17935(b) and 45 CFR 164.502(b)(1). I. Comply with requirements of satisfactory assurances under 45 CFR 164.512 relating to notice or qualified protective order in response to a third party's subpoena, discovery request, or other lawful process for the disclosure of PHI, which Consultant shall promptly notify City upon Consultant's receipt of such request from a third party. J. Not require an individual to provide patient authorization for use or disclosure of PHI as a condition of treatment, payment, enrollment in any health plan, or eligibility of benefits, unless otherwise excepted under 45 CFR 164.508(b)(4) and authorized in writing by City. 22 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 K. Use appropriate administrative, technical and physical safeguards to prevent inappropriate use, disclosure, or access of PHI and/or Ephi. L. Obtain and maintain knowledge of applicable laws and regulations related to HIPAA and HITECH, as may be amended from time to time. M. Comply with the requirements of the Privacy Rule that apply to the City to the extent Consultant is to carry out City's obligations under the Privacy Rule. N. Take reasonable steps to cure or end any pattern of activity or practice of its subcontractor(s) of which Consultant becomes aware that constitute a material breach or violation of the subcontractor's obligations under the business associate contract with Consultant, and if such steps are unsuccessful, Consultant agrees to terminate it contract with the subcontractor(s) if feasible. 6. Access to PHI, Amendment and Disclosure Accounting. Consultant agrees to. A. Access to PHI, including Ephi. Provide access to PHI, including Ephi if maintained electronically, in a designated record set to City or an individual as directed by City, within five(5)days of request from City, to satisfy the requirements of 45 CFR 164.524. B. Amendment of PHI. Make PHI available for amendment and incorporate amendments to PHI in a designated record set City directs or agrees to at the request of an individual, within fifteen (15) days of receiving a written request from the City, in accordance with 45 CFR 164.526. C. Accounting of disclosure of PHI and electronic health record. Assist City to fulfill its obligations to provide accounting of disclosures of PHI under 45 CFR 164.528 and, where applicable, electronic health records under 42 USC 17935(c) if Consultant uses or maintains electronic health records. Consultant shall: (1) Document such disclosures of PHI and/or electronic health records, and information related to such disclosures, as would be required for City to respond to a request by an individual for an accounting of disclosures of PHI and/or electronic health record in accordance with 45 CFR 164.528. (2) Within fifteen (15) days of receiving a written request from City, provide to City or any individual as directed by City information collected in accordance with this section to permit City to respond to a request by an individual for an accounting of disclosures of PHI and/or electronic health record. (3) Make available for City information required by this Section 6.c for six (6) years preceding the individual's request for accounting of disclosures of PHI, and for three (3) years preceding the individual's request for accounting of disclosures of electronic health record. 7. Security of ePHI. In the event City discloses ePHI to Consultant or Consultant needs to create, receive, maintain, transmit or have access to City ePHI, in accordance with 42 USC 17931 and 45 CFR 164.314(a)(2)(i), and 164.306, Consultant shall: A. Comply with the applicable requirements of the Security Rule, and implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of ePHI tht Consultant creates, receives, maintains, or transmits on behalf of the City in accordance with 45 CFR 164.308. 164.310, and 164.312; B. Comply with each of the requirements of 45 CFR 164.316 relating to the implementation of policies, procedures, and documentation requirements with respect to ePHI; 23 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 C. Protect against any reasonably anticipated threats or hazards to the security or integrity of ePHI; D. Protect against any reasonably anticipated uses or disclosures of ePHI that are not permitted or required under the Privacy Rule; E. Ensure compliance with the Security Rule by Consultants workforce; F. In accordance with 45 CFR 164.308(b)(2), require that any subcontractor's that create, receive, maintain, transmit, or access ePHI on behalf of the Consultant agree through contract to the same restrictions and requirements contained in this Supplemental Agreement and comply with the applicable requirements of the Security Rule; G. Report to City any security incident of which Consultant becomes aware, including breaches of unsecured PHI as required by 45 CFR 164.410; and, H. Comply with any additional security requirements that are applicable to covered entities in Title 41 (Public Health and Welfare) of the United States Code, as may be amended from time to time, including but not limited to HITECH. 8. Breach of Unsecured PHI. In the case of breach of unsecured PHI, Consultant shall comply with the applicable provisions of 42 USC 17932 and 45 CFR Part 164, Subpart D, including but not limited to 45 CFR 164.410. A. Discovery and notification. Following the discovery of a breach of unsecured PHI, Consultant shall notify City in writing of such breach without unreasonable delay and in no case later than 60 calendar days after discovery of breach, except as provided in 45 CFR 164.12. (1) Breaches treated as discovered. A breach is treated as discovered by Consultant as of the first day on which such breach is known to Consultant or, by exercising reasonable diligence, would have been known to Consultant, which includes any person, other than the person committing the breach, who is an employee, officer, or other agent of the Consultant (determined in accordance with the federal common laws of agency). (2) Content of notification. The written notification to City relating to breach of unsecured PHI shall include, to the extent possible, the following information if known (or can be reasonably obtained) by Consultant: (a) The identification of each individual whose unsecured PHI has been, or is reasonably believed by Consultant to have been accessed, acquired, used or disclosed during the breach; (b) A brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; (c) A description of the types of unsecured PHI involved in the breach, such as whether full name, social security number, date of birth, home address, account number, diagnosis, disability code, or4 other types of information were involved; (d) Any steps individuals should take to protect themselves from potential harm resulting from the breach; (e) A brief description of what Consultant is doing to investigate the breach, to mitigate harm to individuals, and to protect against any further breaches; and, (f) Contact procedures for individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an E-Mail address, website, or postal address. B. Cooperation. With respect to any breach of unsecured PHI reported by Consultant, Consultant shall cooperate with City and shall provide City with any information requested by City to enable City to fulfill in a timely manner its own reporting and 24 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio nu/Toxicology and Lab Services.Police.08.20.18 06/29/2018 notification obligations, including but not limited to, providing notice to individuals, prominent media outlets and Secretary in accourdance with 42 USC 17932 amd 45 CFR 164.404, 164.406, and 164.408. C. Breach loq. To the extent breach of unsecured PHI involves less than 500 individuals, Consultant shall maintain a log or other documentation of such breaches and provide such log or other documentation on an annual basis to City not later than fifteen (15) days after the end of each calendar year for submission to the Secretary. D. Delay of notification by law enforcement. If Consultant delays notification of breach of unsecured PHI pursuant to a law enforcement official's statement that required notification, notice or posting would impede a criminal investigation or cause damage to national security, Consultant shall maintain documentation sufficient to demonstrate its compliance with the requirements of 45 CFR 164.412. E. Payment of costs.With respect to any breach of unsecured PHI caused solely by the Consultant's failure to comply with one or more of its obligations under this Supplemental Agreement and/or the provisions of HITECH, HIPAA, the Privacy Rule or the Security Rule, Consultant agrees to pay any and all costs associated with providing all legally required notifications to individuals, media outlets, and the Secretary. This provision shall not be construed to limit or diminish Consultant's obligations to indemnify, defend and hold harmless the City under Section 9 of this Supplemental Agreement. F. Documentation. Pursuant to 45 CFR 164.414(b), in the event Consultant's use or disclosure of PHI and/or ePHI violates the Privacy Rule, Consultant shall maintain documentation sufficient to demonstrate that all notifications were made by Consultant as required by 45 CFR Part 164, Subpart D, or that such use or disclosure did not constitute a breach, including Consultant's completed risk assessment and investigation documentation. G. Additional State Reporting Requirements. The City of Temecula has no oversight for licensed clinics, health facilities, home health agencies or hospices and therefore State reporting is not applicable to this Supplemental Agreement. 9. Hold Harmless/Indemnification. A. The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency. B. With respect to any action or claim subject to indemnification herein by Consultant, Consultant shall, at their sole cost, have the right to use Counsel of their choice, subject to the approval of the City, which shall not be unreasonable withheld, and shall the right to adjust, settle, or compromise any such action or claim without the prior consent of City, provided, however, that any such adjustment, settlement or compromise in no manner 25 R./Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 whatsoever limits or circumscribes Consultant's indemnification to City as set forth herein. Consultant's obligation to defend, indemnify and hold harmless City shall be subject to City having given Consultant written notice within a reasonable period of time of the claim or of the commencement of the related action, as the case may be, and information and reasonable assistance, at Consultant's expense, for the defense or settlement therof. Consultant's obligation hereunder shall be statisfied when Consultant has provided to the City the appropriate form of dismissal relieving City from any liability for the action or claim involved. C. The specified insurance limits required in the Agreement to this Supplemental Agreement shall in no way limit or circumscribe Consultant's obligations to indemnify and hold harmless City herein from third party claims arising from issues of this Supplemental Agreement. D. In the event there is conflict between this clause and California Civil Code 2782,this clause shall be interpreted to comply with Civil Code 2782. Such interpretation shall not relieve Consultant from indemnifying City to the fullest extend allowed by law. E. In the event there is a conflict between this indemnification clause and an indemnification clause contained in the Agreement of this Supplemental Agreement, this indemnification shall only apply to the subject issues included within this Supplemental Agreement. 10. Term. This Supplemental Agreement shall commence upon the Effective Date and shall terminate when all PHI and/or ePHI provided by the City to Consultant, or created or received by the Consultant on behalf of the City, is destroyed or returned to City, or, if it is infeasible to return or destroy PHI and ePHI, protections are extended to such information, in accordance with section 11.B of this Supplemental Agreement. 11. Termination. A. Termination for Breach of Contract. A breach of any provision of this Supplemental Agreement by either party shall constitute a material breach of the Agreement and will provide grounds for terminating this Supplemental Agreement and the Agreement with or without an opportunity to cure the breach, notwithstanding any provision in the Agreement to the contrary. Either party, upon written notice to the other party describing the breach, may take any of the following actions: (1) Terminate the Agreement and this Supplemental Agreement, effective immediately, if the other party breaches a material provision of the Supplemental Agreement. (2) Provide the other party with an opportunity to cure the alleged material breach and in the event the other party fails to cure the breach to the satisfaction of the non- breaching party in a timely manner, the non-breaching party has the right to immediately terminate the Agreement and the Supplemental Agreement. (3) If termination of the Agreement is not feasible, the breaching party, upon the request of the non-breaching party, shall implement, at its own expense, a plan to cure the breach and report regularly on its compliance with such plan to the non- breaching party. B. Effect of Termination. (1) Upon termination of this Supplemental Agreement, for any reason, Consultant shall return or, if agreed to in writing by the City, destroy all PHI and/or ePHI received from the City or created or received by the Consultant on behalf of the 26 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20.18 06/29/2018 City, and, in the event of destruction, Consultant shall certify such destruction, in writing, to City. This provision shall apply to all PHI and/or ePHI which are in the possession of subcontractors or agents of Consultant. Consultant shall retain no copies of PHI and/or ePHI, except as provided below in paragraph (2) of this section. (2) In the event that Consultant determines that returning or destroying the PHI and/or ePHI is not feasible, Consultant shall provide written notification to City of the conditions that make such return or destruction not feasible. Upon determination by Consultant that return or destruction of PHI and/or ePHI is not feasible, Consultant shall extend the protections of this Supplemental Agreement to such PHI and/or ePHI and limit further uses and disclosures of such PHI and/or ePHI to those purposes which make the return or destruction not feasible, for so long as Consultant maintains such PHI and/or ePHI. 12. General Provisions. A. Retention Period. Whenever Consultant is required to document or maintain documentation pursuant to the terms of this Supplemental Agreement, Consultant shall retain such documentation for six (6) years from the date of its creation or as otherwise prescribed by law, whichever is later. B. Amendment. The parties agree to take such action as is necessary to amend this Supplemental Agreement from time to time as is necessary for City to comply with HITECH, the Privacy Rule, and HIPAA generally. C. Survival. The obligations of Consultant under Sections 3,5,6,7,8,9,11.8 and 12.A of this Supplemental Agreement shall survive the termination or expiration of this Supplemental Agreement. D. Regulatory and Statutory References. A reference in this Supplemental Agreement to a section in HITECH, HIPAA, the Privacy Rule and/or Security Rule means the section(s) as in effect or amended. E. Interpretation of Supplemental Agreement. (1) This Supplemental Agreement shall be construed to be a part of the Agreement as one document. The purpose is to supplement the Agreement to include the requirements of the Privacy Rule, Security Rule, HIPAA and HITECH generally. (2) Any ambiguity between this Supplemental Agreement and the Agreement shall be resolved to permit City to comply with the Privacy Rule, Security Rule, HIPAA and HITECH generally. F. Notices to City. All notifications required to be given by Consultant to City pursuant to the terms of this Supplemental Agreement shall be made in writing and delivered to City both by U.S. Mail to both the addresses listed below by registered or certified mail return receipt or guaranteed overnight mail with tracing capability, or a such other address as the City may hereafter designate. All notices to City provided by Consultant pursuant to this Section shall be deemed given or made when received by City: City of Temecula City of Temecula Police Department Attn: City Manager Southwest Station 41000 Main Street Attn: Chief of Police Temecula, CA 92590 30755-A Auld Road Murrieta, CA 92562 27 R/Finance/Agreements/Finance Dept Agreements/Agreements 2018-19/Bio Tox/Toxicology and Lab Services.Police.08.20 18 06/29/2018 Item No . 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: September 11, 2018 SUBJECT: Approve an Agreement with Bibliotheca, LLC for the Purchase and Installation of a Bin Sorter at the Ronald H. Roberts Temecula Public Library PREPARED BY: Damion Patrick, Assistant Director of ITSS RECOMMENDATION: That the City Council: 1. Approve an Agreement with Bibliotheca, LLC, in the amount of $97,870, for the Purchase and Installation of a Bin Sorter at the Ronald H. Roberts Temecula Public Library; 2. Authorize the City Manager to approve contract change orders up to 10% of the contract amount or$9,787. BACKGROUND: The Ronald H. Roberts Temecula Public Library houses a collection of more than 90,000 items for children, teens, and adults. This includes books, magazines, CDs. DVDs, audiobooks and more. Many of these items are available to check out for Temecula residents and visitors with a Library Card. In an effort to provide the highest level of service to patrons. the Library initiated the use of bin sorter technology when the library opened. This technology allows the Library to efficiently process returned items and get them back into circulation quickly. At this time, the Library seeks to replace the existing bin sorter that was installed in 2006, and has aged beyond its useful life. The cost of the replacement bin sorter is $97,870, including the equipment, installation, tax, and one year of maintenance. The replacement of this equipment will help the Library to maintain its place as one of the highest circulating libraries in Riverside County. This equipment is a sole source purchase, as Bibliotheca is the only reseller of a bin sorter that works with the existing infrastructure and Library Management System at the library. FISCAL IMPACT: Adequate funds were budgeted in the Annual Operating Budget. ATTACHMENT: Agreement with Bibliotheca, LLC. PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND BIBLIOTHECA BIN SORTER EQUIPMENT FOR THE RONALD H. ROBERTS TEMECULA PUBLIC LIBRARY THIS AGREEMENT is made and effective as of September 11, 2018, between the City of Temecula , a municipal corporation (hereinafter referred to as"City"), and Bibliotheca,an LLC (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 September 11, 2018, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2019, 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 Bin Sorter as more particularly described in Exhibit A, Description of Equipment and or Scope of Work, attached hereto and incorporated herein as though set forth in full (hereafter"Equipment"). 3. PURCHASE / INSTALLATION PRICE The Purchase Price, which City agrees to pay to Contractor for the Equipment is Ninety- Seven Thousand, Eight Hundred and Seventy Dollars ($97,870). The Purchase Price is final and shall be paid by City to Contractor in accordance with the attached Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein as though set forth in full. The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement, or Nine Thousand, Seven Hundred Eighty-Seven Dollars.($9,787), as approved by the 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 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. 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 Agreement 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 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code,Contractor shall forfeit to the City, as a penalty,the sum of$200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services,and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104;or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html 7. 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 a bin sorter for the public library 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. 2 8. 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. 9. 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. 10. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before November 8, 2018. 11. PLACE OF DELIVERY The Equipment shall be delivered to this location Ronald H. Robert Temecula Public Library 30600 Pauba Road Temecula, California 92592 12. 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. 13. 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. 3 14. INDEMNIFICATION The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula,Temecula Community Services District,and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Contractor's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula,Temecula Community Services District,and/or the Successor Agency to the Temecula Redevelopment Agency. 15. AGREEMENT DOCUMENTS a. This Agreement includes the following documents,: Exhibit A, Equipment Description and/or Scope of Work and Exhibit B, Payment Rates and Schedule. 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. 16. 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. 17. 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 4 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. Minimum Limits of Insurance. Contractor shall maintain limits no less than: b. 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula,the Temecula Community Services District,the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula,the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of 5 Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty(30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 18. 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. 19. 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. 20. 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. 21. INDEPENDENT CONTRACTOR 6 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. 22. 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. 23. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or(iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Bibliotheca Attn: Jessica Michalek, Contracts Specialist 403 Hayward Avenue N. Oakdale, MN 55128 24. 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. 25. 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. 26. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non-substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non-monetary changes in scope of work; (d) agreement termination. 8 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BIBLIOTHECA (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: ;l' �._ Matt Rahn, Mayor Karen Roscher, CFO ATTEST: By: By: Randi Johl, City Clerk ohn Lehman, President, North America Operations APPROVED AS TO FORM: By: Peter M.Thorson, City Attorney CONTRACTOR Bibliotheca LLC Attn: Jessica Michalek, Contracts Specialist 403 Hayward Ave. N. Oakdale, MN 55128 Phone: (877)207-3127 ext. 312 Email: j.michalek@bibliotheca.com PM Initials: l Date: 9 EXHIBIT A DESCRIPTION OF EQUIPMENT AND/OR SCOPE OF WORK The specific elements(scope of work) of this service include: The City is purchasing the equipment and installation services for a flex AMH(TM) 7-bin sorter at the Temecula Public Library. The flex AMH was designed specifically for library users from the ground up. This unique hardware and software return and sorting solution delivers an engaging experience for users—making returning library items as simple as possible. Our fully modular design allows us to create any type of solution to fit your specific space—and expand in the future. By automating the collection of materials from many return points, you can simplify the complexity of getting items back on the shelf fast. Upon execution of the agreement, Contractor will work with the City to build a project schedule. That schedule will include installation of the equipment between November 13, 2018, and November 20, 2018. Temecula Public Library flex AMHTM 7-bin sorter with one patron Quantity induction and one staff induction Includes the following: 1 • One(1) flex AMHTM 7-Bin Sorter • One(1)Patron Induction • One(1) Staff Induction • Seven(7) Bins • One(1)Holds Slip Printer • 1 pre-installation site visit • 12-month warranty • Shipping, Handling and Administration(one location) • One(1)On-Site Installation and Training(this location only) 10 „IL 8. 5'-3/4' IP '1110 UI o P 11)'I 11 ■) 4._8- 11111” 1;'." 8,11111 ; ■ I 7'-i 3/8" 4. k a \ ay C] i Drawing: Temecula flexAMH 7Bin LINT 1STA 11 Ci to e i \ .t) -tr. :. / -T.-. 8., " 0 CD 1 pci :,. ( ' j 5 3/4 I I... o I _ Q) • ...1.1L I 0 --..,10,11 4'_8 .I. I I III I ^ D it _ , „ . 7'-1 3/8" Temecula flexAMH_7Bin_1 INT 1STA Creation Date: June 5,2017 / / \ Last Change: June 5,2017 Name: u°vnc 20Arnp Duplex Circa 45 J.Beaver Cutler oeeioGrcw tee t - MDMA 5-2011 aecoptacte CATS or higher Date 4 Page 1 artier •tn1'ass olneMvw.speonec IrtstykV according to local eleWical/Dud*code specfecabons.Should be installed and activated by 7ueh c n presonnel prior lo MIM System lnitallebon. O Ic3 .0• 0 o I■ ■II Illllll LJ O Temecula ` flexAMH 7Bin LINT • - 5{ -1STA Creation Date: June 5,2017 Last Change: June 5,2017 Name: J.Beaver Page 2 D 0 + r,.... ;-1‘----- _. _ __ - - . - . ...---------- 11111 ItiODr-I` I CI) \- ••••---- \. 6..5°.g..-4 -'VO51111 .:-.'.- - - - - :Iiii41 r CD - 1441101.1• • Ilit AA& \IIISII 0 .... .. !, l'ibill.111.111111111.11.11IIIIIIIIIIIIPIIII-11111111 .—il-.1111.1111°111.1 ) 2 7 TtleelSrnxATAuln_l INT Creation Date: 11)\ It June 5,2017 June 5,2017 C/Y! lit Name: J.Beaver Page 3 N 0 • et ®0 n 1 F. -,. 0 v, . (i) a) 1b, 0 f\ i 1111 \ \ \A„, _ _0 4 ei- 111 • 1 ' Temecula flexAMH_7Bin_1 INT ,.. - _1STA + _ Creation Date: June 5,2017 Last Change: June 5,2017 Name: ' .__ - - _ J.Beaver Page 4 v) (Di -C,-, )0 Q 0 UN if (1) : .mommumi Ii 0 .... '..Irj+1 �� .mow D mo. am" . imi__ 1111 y -=moi i Illa low Temecula flexAMH_7Bin_1 INT 1STA Creation Date: June 5,2017 Last Change: June 5,2017 Name: J.Beaver Page 5 ____ __ v, A.------- a:4==m I -o O Ap, mmot 4._-0.-0 I I 1 Arimmv -(c) + OPP. _�,. 11 I U/ a) a) API". tai.4NSM/11 AP•Pv 1111•1111111111111111111111111111;\- .0 OPP- AP"'" _0 fi P' -- r- I --' a Temecula flexAMH_7Bin_1 INT . . ,_ 111 I _l STA Creation Date: - June 5,2017 1111 Last Change: June 5,2017 Name: -- — J.Beaver --- -_. ... Page 6 in D ., IO / I t , :,,ci Q O 01111r , dm= ______ f-Nwrii 1 i ..., 4 ill . itiat . oN a) 2 r cp 0 ,1.11114 1 1 1 ..0 , / I -.0 Temecula flexAMH_7Bin_1 INT 1STA Creation Date: rjllIllL June 5,2017 Last Change: June 5,2017 Name: J.Beaver Page 7 N 7 II ....../ 0 4- II R ! I�� _ Mir _ ...0 I ;1111111111111111111111111 NW ��Ammomm;111111' 11111111111M111, _0 . III _ - w// - iil rill . 1 Temecula flexAMF17Bin L INT _1STA - - — I I I I I I - Creation Date: -- June 5,2017 Last Change: June 5,2017 Name: J.Beaver Page 8 v) 7.3 -0 O (_40 _O t I 0 0 , 0 2r cp # 111111111 O .0 . D ult . ! . . i i 0. lial .n_ I l i ` - f fid. _ o 0 ........asitisaim.. .—. . , \ Temecula AexAMH_7Bin_1 INT _1STA o c ( �� —11 .. 1 Creation Date: June 5,2017 11.1110r Last Change: �- 1 June 5,2017 II _- �__-- / Name: 7 __ J.Beaver I .,y II i 1 1 Page 9 tn �rr 4- 647 mm ®/o ,yl __. ._, 690 mm U 0 U V) 0 ii 1 0 ...C) i i n_ E E .Y E E r—, , t 1 I I 3 - Temecula ��- - flexAMH_7Bin_1INT i i I _1STA , E $ _ Creation Date: i June 5,2017 1 i Last Change: June 5,2017 Name: Finished Opening Size and Sill Height(Aft Staff Side) Finish Frame Dimensions J.Beaver Page 10 cm Specifications : bibliotheca flex AMH'" + s 0 Dimensions` Environmental facts ..sta _CD "'n:945 mm/3'-2" Noise Level:Less than/equal so 55c15 per module C.) w:030 mm 1 2-I.S humidity Max 80%rtan coridern r g O 4- ekes harden& 19"touchscreen Working temperature(internal(:+5"C-�40"C/419F-100F /'� a) Input level(internal 8 external, Working temperature(external!:-15"C-+00`C/ 5'F-I40"F [�j�/] 11:950mm/2'-3S -4- Operating frequency: bulkSepaator- O 13.56 MHz,max tronsmBfing power I IW Operafing frequency:13,56 MHz,max transmitting power:SW Supported pported tog Types S uppariea lag types-_5015693/15018000-3 Mode 1 MID specification: 15015693/5018006.3 Mode 1 Supported user cards Rada approvals: Operaiirg frequency:13.56 MHz.max tansmitling power 100mW n Europe(EN 300 330),US(FCC 47 CFR Pan 15), Suppartea tag haw 15015693.6018000•3 Made I,15014443A/0 C onoaa(IC R5S-GEN,RSS-210) Radio approve:Europe(EN 300 330).US(FCC 47 CFR Pan 15) +fere performance'. 2.400 item per now to me sorter.depending on LMS/ILS response lime Login types: Bacoda, Ware.Legic CE,FCC,UL.RCM All devices running an 24V DC bw voltage Stondds/cecalioMachinery directives 2006/42 EN Temecula ortMrc Relevant low voltage diecfrves flexAMH_76in_l INT Relevant electromagnetic submission and iodialioii diectives _1STA Creation Date: Repo/flog: Configuration and mooning is ovalcmle via our optional RtraryConnecr central management software_ June 5,2017 quickConnecs AMT{'software is defverea pre-installed and pre-configured with al AMM systems.Supports LMS/ILS Last Change: Soltwree: protocols 51P2 and NC1P and is data model independent.flex Yhuafzer"provides quick information and an instant June 5,2017 virtual view or The configured AMH system- -- Name: Oimensioru of Berns minimum:h:l00mm/3.94' (w:100mm/3-94'I d:5mm/0.20' J.Beaver emit cm be sorted; maximum:rc 410mm/16.14' I w:360mm/14.17' I d:121mrn/4.72' Weight of tees that maximum:4 kg 18.8 be Page 11 can be sorted Environmental Considerations for bibliotheca flex AMH External Patron Returns Rain/Water } External Patron Returns are rated at IP54 when the book-slot door is closed. The definition of this rating is below. Naturally,when the hook-slot .0 .Q door is open to accept items it is susceptible to ingress by foreign objects and water,especially driving rain. We strongly recommend all external O units be fitted with protective covering,e.g.Canopy,Awning, Building Overhang,Vestibule,etc. These devices also provide convenience and protection for library patrons using the system during inclement weather. Snow/ice W .D Heavy snow,sleet and ice can have similar effects as above. Additionally,external unit's stated operational working temperature range is N_c (external):-15°C-+60°C/5°F-140°F. Units installed in geographical areas that experience conditions outside this working range MUST provide J� } a protected environment for the return(s)that maintains temperatures within this range. O Direct Sunlight 4111111 External returns are supplied with brighter outdoor display monitors to assist with viewing in bright daylight conditions.Even with the brighterrap screens,direct sunlight can sometimes make viewing difficult or impossible.The library should consider this when locating their external return(s).Seasonal shifts in the sun's position should not be overlooked.High internal temperatures caused by direct sunlight may cause damage to the monitor,which may not be covered under the warranty. In North America,external returns installed with southern exposure and no shade provided by buildings,foliage,etc.are particularly susceptible. Failure on the owner's part to provide adequate protection for external returns may result in the unit's malfunction during extreme conditions. Bibliotheca will be unable to provide support services during such failures. When conditions improve, units should return to normal operation. In some cases,failure to comply may void the warranty on affected component(s). Repeated Temecula flexAMH_7Bin_l INT exposure of on unprotected return Increases chances of a voided warranty. 1STA INGRESS PROTECTION(IP)RATING Creation Date: De:epslwn rent Numeral BacaW June 5,2017 Protection against contact an0 Monis rairroleCLon Ingress of foreign Oodles D(FlUIEt water. 5 4 Last Change: June 5,2017 Casgkte F°te(UOn a=a'Ml tonteki Alae Il ye or rnt>r.rss pertf.r,s de Tilt Name: enclosure.Pranl enn alas w rut Water splashed asainat the aarmfYI de9o1.6°l duct:The nares machine kale AM dtreNpn J.Beaver d dust is not totally prrreraed,but shall hese no harmful cenn°t enter rn an anu.mt Suffihent effect o Interfere snUs satisfactory operation of the machine Page 12 EXHIBIT B PAYMENT RATES AND SCHEDULE The purchase price that the City agrees to pay the Contractor for the Equipment and installation services is Ninety-Seven Thousand, Eight Hundred Seventy Dollars ($97,870).The Purchase Price is final and shall be paid by City to Contractor in accordance with the payment terms below. The City Manager may approve additional work up to ten percent(10%) of the amount of the Agreement, or Nine Thousand, Seven Hundred Eighty Seven Dollars ($9,787), as approved by the City Council. Any additional work in excess of this amount shall be approved by the City Council. PLEASE SEE NEXT PAGE FOR BIBLIOTHECA QUOTE. Please note: Bibliotheca's pricing information is confidential and proprietary, and not to be distributed in any way. System returns will be accepted within 30 days from the date or order and must be in original packaging. A 20% restocking fee will be charged and customer will pay for return shipping. flex AMHTM payment terms: • 50% at purchase order • 40% after shipment • 10% after library sign-off Temecula Public Library flex AMHTM 7-bin sorter with one patron Quantity Sub Total induction and one staff induction Includes the following: 1 $89,995 • One(1)flex AMHTM 7-Bin Sorter • One(1) Patron Induction • One(1) Staff Induction • Seven(7) Bins • One(1)Holds Slip Printer • 1 pre-installation site visit • 12-month warranty • Shipping, Handling and Administration(one location) • One(1)On-Site Installation and Training(this location only) Tax (8.75%) $7,875 Total Price: $97,870 ill bibliothecd transforming libraries Customer Official System Quote Quote Date: 05/01/2018 Quote Number: QUO-89096-P4F5,Rev:0 Customer Bill To: Location Information: Temecula Public Library(CA)-Main Temecula Pubic Library(CA)-Main-Temecula Pubic Library 30600 Pauba Rd Paula Crowell Temecula CA 92592 30600 Pauba Rd United States of America Temecula CA 92592 United States of America paula.crowell@temeculaca.gov Tel: Sales Contact: Mason Humphrey Soles Phone: 877-207-3127 ext.312 Quote DetailsSales Emelt m.humphrey@bibiotheca.com Temecula_flexAMH_7Bln Prices are in US Dollars Quote expires(60)days from Quote Date above. It applicable.the hardware and software includes 12-month warranty,set-up and configuration Item ID Item Type QuanHy Sale bice Sub Total FLX000001-000-US FIX AMH System 1 $75,894.330 $75,894.33 AMH200041-000-US AMH Bin large 900 x 600 x 865mm 7 51,499.250 $10.494.75 SHP000001-000-US Shipping and Handling 1 53,606.090 $3.606.09 Shipping is estimated on one receiving location,unless otherwise noted,and on current rates and proposal. Total $89,995.17 (Less Sales Tax): Additional Details Al prices including Service and Maintenance do not Include any applicable sates tax.If tax exempt.A copy of Tax Exemption Certificate is required with purchase order for all tax-exempt customers. Terms are NET 30 Days from Date of Invoke.Invoice Is generated at the time of Shipment. Quotations are good for 60 days.Al dates are based on ship dates.Order must ship within the 60-day window. After 60 days.quotation expires.Contact Nlblotheca for a New Quotation. A 20%restocking fee,in addition to in-bound and out-bound shipping,will be charged for aN returns. GST/HST N°059257321110001 Bibliotheca, LLC Phone No-877-207-3127 3169 Holcomb Bridge Road, NW,Suite 200, Fax No- 1-877 689 2269 Norcross,GA 30071, USA www.bibliotheca.com Page 1 of 2 til bibliothecd transforming libraries Customer Official System Quote Submit Purchase Order by fax to 877-689-2269 or by email to orders-us s'bibliotheca.com. Accepted By: _ Accepted Date: Customer Purchase Order Number: Bibliotheca, LLC Phone No-877-207-3127 3169 Holcomb Bridge Road,NW,Suite 200, Fax No- 1-877 689 2269 Norcross, GA 30071, USA www.bibliotheca.com Page 2 of 2 Item No . 6 Approvals City Attorney Director of Finance City Manager CSS CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Deputy Director of Information Technology DATE: September 11, 2018 SUBJECT: Approve the Third Amendment to the Consultant Services Agreement with Helixstorm for Technology Services to Include but not Limited to Virtualization, Network Support, and System Administration RECOMMENDATION: That the City Council approve the Third Amendment to the Consultant Services Agreement with Helixstorm, in the amount of $100,000, for Technology- related services, for a total agreement amount of$300,000. BACKGROUND: In June 2015, the City entered into an agreement with Helixstorm for technology consulting services for the Civic Center and off-site facilities. This agreement will expire June 23, 2020. Working in conjunction with the IT staff, Helixstorm will enhance the City's current IT environment to support critical business applications and systems. The City's Information Technology and Support Services (ITSS) Department supports the City's network, servers, Wi-Fi, computers, mobile devices, database administration, enterprise applications, phone system, cellular phones, City government television station, media services, and emergency communication systems. Within the City operations, ITSS maintains more than 400 computers networked across 18 City facilities, 5 Fire Stations, 2 Police Storefronts, and 1 Police Station. Helixstorm is a local consulting firm that provides a high level of service and the in-depth knowledge base that is required to effectively assist the ITSS Department with these technology services. Helixstorm, Inc. is the City's Authorized Hewlett-Packard Elite Partner and VMware Enterprise Partner. The approval of this third amendment will solely provide the IT Department the spending approval if sufficient funds are budgeted within each fiscal year. Helixstorm is a local vendor located in the City of Temecula. FISCAL IMPACT: Adequate funds have been budgeted in the Information Technology Annual Operating Budget. ATTACHMENT: Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND HELIXSTORM INFORMATION TECHNNOLOGY INFRASTRUCTURE SUPPORT THIS THIRD AMENDMENT is made and entered into as of September 11, 2018, by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Helixstorm, a Corporation (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 23, 2015, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services", in the amount of $100,000.00. b. On June 14, 2016, the City and Contractor entered First Amendment to that certain Agreement entitled "Agreement for Contractor Services," to increase the contractual payment by$100,000.00. c. On April 30, 2018, the City and Consultant entered Second Amendment to that certain Agreement entitled "Information Technology Infrastructure Support," to extend the term of the agreement to June 23, 2020. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00), for additional Information Technology Infrastructure Support for a total Agreement amount of Three Hundred Thousand Dollars and No Cents ($300,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA HELIXSTORM (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: B ' %� Matt Rahn, Mayor Aaron Sch - • - • • • ATTEST: By: By: . . :..�4, Randi Johl, City Clerk Eric Henry, Chief T-chnology Officer APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT HELIXSTORM 27238 Via Industria Temecula, California 92590 Attn: Aaron Schneider Email: Aaron.Schneider@Helixstorm.com Phone: (951) 225-3493 PM Initial • Date: o` \.0 Item No . 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 11, 2018 SUBJECT: Award a Construction Contract to American Asphalt South, Inc. for the FY18/19 Citywide Slurry Program, PW18-09 PREPARED BY: Avlin Odviar, Senior Civil Engineer- CIP Nino Abad, Associate Civil Engineer- CIP RECOMMENDATION: That the City Council: 1. Award a Construction Contract to American Asphalt South, Inc., in the amount of $1,406,372.58, for FY18/19 Citywide Slurry Program, PW 18-09; 2. Authorize the City Manager to approve change orders not to exceed the total project budget of$1,406,372.58; 3. Make a finding that the FY18/19 Citywide Slurry Program, PW18-09 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: The project consists of slurry sealing nearly 6 million square feet of roadway with Type II Rubber Polymer Modified Slurry or similar material at various, primarily residential roadways, south of Temecula Parkway (see attached project map). Tasks related to the slurry seal operation such as crack filling and restriping are also included in the proposed contract. The construction contract was publicly advertised between August 3, 2018 and August 22, 2018. On Wednesday, August 22, 2018 three (3) bids were electronically opened and publicly posted on the City's online bidding service, PlanetBids. The results were as follows: Bid Amount 1. American Asphalt South, Inc $1,406,372.58 2. Roy Allen Slurry Seal, Inc $1,618,277.75 3. All American Asphalt $1,673,146.35 Staff has reviewed the bid proposals and found American Asphalt South, to be the lowest responsive bidder. American Asphalt South has successfully completed similar projects for various public agencies including the City of Temecula. The Engineer's estimate for the project was $1,100,000.00. The specifications allow for thirty (30) working days for construction, which is six weeks. The project is Categorically Exempt under the California Environmental Quality Act (CEQA). The Notice of Determination was filed with the County of Riverside on August 16, 2018, in compliance with the provisions of Section 21152 of the Public Resource Code. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90-days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Maintenance only projects, such as this project, are exempt from MHSCP fees. FISCAL IMPACT: The Citywide Slurry Seal is included in the Fiscal Year 2018-19 Measure A Fund Operating Budget. To fully fund this project, the project budget is to be supplemented with $130,000 from the Capital Improvement Program (CIP) Budget project Pavement Rehabilitation Program — Citywide. With this supplement, sufficient funds will be available for the contract amount of$1,406,372.58. ATTACHMENTS: 1. Contract 2. Project Map CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for FY18/19 CITYWIDE SLURRY PROGRAM PROJECT NO. PW18-09 THIS CONTRACT, made and entered into the 11th day of September, 2018 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", American Asphalt South, Inc., 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 FY18/19 CITYWIDE SLURRY PROGRAM, PROJECT NO. PW18-09, 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 FY18/19 CITYWIDE SLURRY PROGRAM, PROJECT NO. PW18-09. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for FY18/19 CITYWIDE SLURRY PROGRAM, PROJECT NO. PW18-09. 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. c-i 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: FY18/19 CITYWIDE SLURRY PROGRAM, PROJECT NO. PW18-09 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: ONE MILLION FOUR HUNDRED SIX THOUSAND FOUR HUNDRED FIFTY TWO DOLLARS AND FIFTY EIGHT CENTS ($1,406,372.58), 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 Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed 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 C-2 one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. c. Payment for Work Performed Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest. Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. 7 LIQUIDATED DAMAGES I EXTENSION OF TIME a. Liquidated Damages. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten (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. Copies may be obtained from the California Department of Industrial Relations Internet website at http.//www.dir.ca qov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion G-3 thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11 INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12 GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14 CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials. and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items 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 c-4 Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 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. 20. PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21. ADA REQUIREMENTS. C-5 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 and Delivery Address: Patrick A. Thomas, PE Director of Public Works/City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 23 CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate. detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. C-6 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above+.5/lg., written. DATED: �10i8 CONTRACTOR: American Asphalt South, Inc 14436 Santa Ana Avenue Fontana, CA 92337 909-427-8276 jeffp@americanasphaltsouth.com By rZik 1 ✓eg/CQ Print or type NAME 14-e Atraeesz Print or type TITLE By: 4/4 5710e Prinror type NAME 5etre4ry Print or type TITLE (Signatures of two corporate officers required for Corporations) DATED CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: Randi Rohl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney C-7 PW18-19 — FY 18/19 Citywide Slurry Program Project Map iOREE�, 5,41,..,0 RpCi .1 CORSE BT k,, ° S. & is °a9 ,'sr`'y� st r ,DI_�u 2�rMP` F moo, �85Pk $ �a �l a „E^V �(T' �g°A90(y, IF �'LA Li, FMAPY'p0. PA�y���,�Atl ST 0 �BAlA0.�S "Ce 8 g U° YO W (A c 4.s 'ry� Oµ a YL, 'I<F. WZ �� JAS' Olp� ,� C ROVATOES se 0 5`�O`' oe ep0. s NSTON wr F P #” ` aN`Att $ ETOL ao „1,ElsT 19 `6.,,,, �� $ TEME B ,„oa + �1WO PEDRA� A. ggi p 7 ��r,�O,,oet"y N� cT c4,0 V, ,(�D^p W �'a1PCT K O EK G4�µ0� „......." "G4, #i J :,:;: a w" <°n �' Q,�' frit,......9 n, Ci't`e, a: SWANN, u y0 r ,t,� c� 80'c�_ '� � P `Cili\'F .11." �<9h,"0 -.or, 'O� 8 y H ,. LENI CT OAROLIRf 0 J BE1eY.SCE"' 9�0 1,8E04 5JP41' EREESIAI" i AREA A $ w .� " 1 �,OR REOMAOR )‘A, ge £ ,{�`° ,�pR° �y. no ��Mw°W'' "�G sr mss 5 oqi dM 4� 1. °BYPL Q' `� S, 14-..d�. YPJ `E DR AREA B ° °"e's5 4. y7 // ; RRME W F1/4° , V. 4. 2 jp��AQv ,' �]p �YY‘ ��(.PKY ANABAZI OR to- o J QN � l \ ..tt1, ABT�'O P KF' O °°s sr % - `p 9'rT , �� , EkB AREA;;C 4 s''^°A"* �� ROCKY BAR(I¢ 3 b qs L r i4 1, .1 4 S U pECNµq 4. ,(111) ' ii I I I I I 1 �- �i 2.500 s�_nn Fee, Item No . 8 Approvals / � �— �� City Attorney Rif Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 11, 2018 SUBJECT: Accept Improvements and File the Notice of Completion for the Pavement Rehabilitation Program — Residential Slurry Seal, PW 17-03 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer- CIP Chris White, Associate Engineer II - CIP RECOMMENDATION: That the City Council: 1. Accept the improvements for the Pavement Rehabilitation Program — Residential Slurry Seal, PW 17-03, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On April 25, 2017, the City Council awarded a Construction Contract to American Asphalt South, Inc., in the amount of $1,796,532.84, and authorized the City Manager to approve change orders not to exceed a 10% contingency of $179,653.28, to complete the Pavement Rehabilitation Program - Residential Slurry Seal, PW 17-03 project. On September 5, 2017, the City Council approved an increase to the contingency in the amount of $140,000 and increased the City Manager's authority to approve contract change orders by the same amount. The Pavement Rehabilitation Program - Residential Slurry Seal is a project that was initiated as a direct result of voters' approval of Measure S in November 2016. The project utilized slurry to seal the project roadways against water intrusion and deterioration of the asphalt concrete pavement wearing surface. Construction involved roadway preparation by removal of existing striping and markings, cleaning and sealing large cracks, application of slurry seal and subsequent restoration of striping and pavement markings. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from April 1, 2018, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. The Pavement Rehabilitation Program — Residential Slurry Seal project was identified in the City's five-year Capital Improvement Program (CIP) for Fiscal Years 2018-22, and was funded with General Fund, Measure A and Measure S. The original Contract amount was $1,796,532.84, the approved contract change orders totaled $319,653.28, for a total project cost of$2,116,186.12. FISCAL IMPACT: There is no fiscal impact as a result of the acceptance of the project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release 3. Maintenance Bond RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula,CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to American Asphalt South, Inc., 14436 Santa Ana Avenue, Fontana, Ca. 92337, to perform the following work of improvement: Pavement Rehabilitation Program — Residential Slurry Seal, Project No. PW17-03 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 11, 2018. That upon said contract The Guarantee Company of North America, USA, One Towne Square, Suite 1470, Southfield, Michigan 48076, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Pavement Rehabilitation Program — Residential Slurry Seal, Project No. PW17-03 6. The location of said property is: Harveston, Avendale / Barclay, Woodcrest County, the Villages, Rancho Del Sol, Rancho Solana, Verana, Ridgeview Promenade Mall at Temecula, Costain Signet, Crowne Hill, Wolf Creek tracts and the Industrial Area — North Jefferson Business Park, Temecula, California. Dated at Temecula, California, this 11`h day of September, 2018. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 11th day of September, 2018. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for PAVEMENT REHABILITATION PROGRAM—RESIDENTIAL SLURRY SEAL PROJECT NO. PW17-03 This is to certify that r9rnt ,.z /�- (hereinafter the "Contractor") declares to the City of Temecula,'under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its Contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PAVEMENT REHABILITATION PROGRAM — RESIDENTIAL SLURRY SEAL, PROJECT NO. PW17-03, situated in the City of Temecula, State of California, more particularly described as follows: V'. ($b i S4-1-c,44 ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands. or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above CONTRACTOR: Dated r� / �,f i 8' By. Signature 4)fp..4," Print Name and Title RELEASE R-, Premium Included in Performance Bond Bond No. 12146379 CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS BOND NO. 12146379 MAINTENANCE BOND for PAVEMENT REHABILITATION PROGRAM — RESIDENTIAL SLURRY SEAL PROJECT NO. PW17-03 KNOW ALL PERSONS BY THESE PRESENT THAT American Asphalt South, Inc. 14436 Santa Ana Avenue, Fontana , CA 92337 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (fill in whether a Corporation, Partnership, or Individual) The Guarantee Company of North America USA One Towne Square,Ste. 1470,Southfield,Michigan 48076 NAME AND ADDRESS OF SURETY (hereinafter called "Surety"), are held and firmly bound unto CITY OF TEMECULA (hereinafter called "Owner") in the penal sum of Two Hundred Eleven Thousand Six Hundred Eighteen DOLLARS AND Sixty One CENTS ($ 211.61861 ) in lawful money of the United States, said sum being not less than ten percent (10%) of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain Contract with the Owner, dated the 27th day of November 2017, a copy of which is hereto attached and made a part hereof for the construction of PAVEMENT REHABILITATION PROGRAM— RESIDENTIAL SLURRY SEAL, PROJECT NO. PW17-03. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period; and WHEREAS, the said Contract has been completed, and was the final estimate approved on this the 1st day of April,2018 , 2O4 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work, and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorney's fees MAINTENANCE BOND MB 1 incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. Signed and sealed this 13th day of August , 2018. (Seal) SURETY: The Guaranke Company d North Amenca USA PRINCIPAL.: American Asphar South,Inc By: \ By /1p- Sara Wafter T A-7ZI (Name) (Name) Attorney-in-Fact ,« „4o,! (Title) (Title) By. cL APPROVED AS TO FORM: f/� (Na e) secir%j• Peter M. Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND MB-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Butte ) On August 13, 2018 before me, Elizabeth Collodi, Notary Public (insert name and title of the officer) personally appeared Sara Walliser who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/axis subscribed to the within instrument and acknowledged to me that ke/she/thmwexecuted the same in bis/her/tbedxauthorized capacity*), and that by hiadher/t sixsignatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ! .9. ELIZABETH COLL D It •';<�. COMM.*2227348 NOTARY. PUBLIC CALIF• ORNIA ! COUNTY OF BUTTE w / 7 Comm.Expires FEB. '.2022 '. Signature _ _ / ' ( _,._-------__.__ ,�[[ THE The Guarantee Company of North America USA GUARANTEE" Southfield,Michigan POWER OF ATTORNEY KNOW ALL.BY THESE PRESENTS That THE GUARANTEE COMPANY OF NORTH AMERICA USA,a corporation organized and existing under the laws of the State of Michigan,having its principal office in Southfield,Michigan,does hereby constitute and appoint Renee Ramsey,John Hopkins,Elizabeth Collodi,Bobbie Beeny,Phillip 0 Watkins,Mindy Whitehouse,Jennifer Lakmann,Sara Walliser, John J.Weber,Stephanie Agapoff,Katherine Gordon,Jessica Monlux.Breanna Bofman,Vicky Troyan Interwest Insurance Services,LLC its true and lawful attorney(s)-in-fact to execute,seal and deliver for and on its behalf as surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed,required or permitted by law,statute,rule,regulation,contract or otherwise The execution of such instrument(s)in pursuance of these presents,shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so,and may be revoked,pursuant to and by authority of Article IX,Section 9 03 of the By-Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 31''day of December,2003. The President.or any Vice President,acting with any Secretary or Assistant Secretary,shall have power and authority: 1. To appoint Attorney(s)-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto. bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof;and 2. To revoke,at any time,any such Attorney-in-fact and revoke the authority given,except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation.It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee,shall not relieve this surety company of any of its obligations under its bond. 4 In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner— Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. Further,this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011 of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof. and such signature and seal when so used shall have the same force and effect as though manually affixed. "►"rf<o,Q IN WITNESS WHEREOF,THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer,this 2" day of October,2015 THE GUARANTEE COMPANY OF NORTH AMERICA USA a teL� /��` STATE OF MICHIGAN Stephen C.Ruschak,President&Chief Operating Officer Randall Musselman,Secretary County of Oakland On this 2nd day of October,2015 before me came the individuals who executed the preceding instrument,to me personally known,and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company;that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of said company Cynthia A Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee Notary Public,State of Michigan Company of North America USA offices the day and year above written. •44,r` - County of Oakland My Commission Expires February 27 2024 ftott J a Acting in Oakland County I,Randall Musselman,Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA,which is still in full force and effect. /bJ/(N'rf,N IN WITNESS WHEREOF,I have thereunto set my hand and attached the seal of said Company this 13th day of August , 2018 G .C'l: `i '_i Randall Musselman.Secretary Item No . 9 Approvals City Attorney Director of Finance jek— City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: September 11, 2018 SUBJECT: Accept Improvements and File the Notice of Completion for Sidewalks — Ynez Road (Winchester Road to County Center Drive), PW17-22 PREPARED BY: Kendra Hannah-Meistrell, Senior Civil Engineer- CIP Chris White, Associate Engineer II - CIP RECOMMENDATION: That the City Council: 1. Accept the improvements for Sidewalks — Ynez Road (Winchester Road to County Center Drive), PW 17-22, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the Contract amount; 3. Release the Labor and Materials Bond seven months after filing the Notice of Completion, if no liens have been filed. BACKGROUND: On March 13, 2018, the City Council awarded a Construction Contract to CT & T Concrete Paving, Inc., in the amount of $48,112.50, and authorized the City Manager to approve change orders not to exceed a 10% contingency of $4,811.25, to complete the Sidewalks - Ynez Road (Winchester Road to County Center Drive), PW17-22 project. The Sidewalks - Ynez Road (Winchester Road to County Center Drive) project installed sidewalk on the east side of Ynez Road between Winchester Road and County Center Drive. The improvements also included replacing a commercial driveway. The Contractor has completed the work in accordance with the approved plans and specifications and to the satisfaction of the Director of Public Works/City Engineer. All work is warranted for a period of one year from August 28, 2018, the date the City obtained "beneficial use" of the project improvements. The retention for this project will be released pursuant to the provisions of Public Contract Code Section 7107. The Sidewalks - Ynez Road (Winchester Road to County Center Drive) project was identified in the City's five-year Capital Improvement Program (CIP) for Fiscal Years 2018-22, and was funded with Community Development Block grant (CDBG) funds. The original Contract amount was $48,112.50, the approved contract change orders totaled $4,792.50, and bid item quantity underruns totaled $487.50, for a total project cost of$52,417.50. FISCAL IMPACT: There is no fiscal impact as a result of the acceptance of the project and filing the Notice of Completion. ATTACHMENTS: 1. Notice of Completion 2. Contractor's Affidavit and Final Release 3. Maintenance Bond RECORDING REQUESTED BY AND RETURN TO: CITY CLERK CITY OF TEMECULA 41000 Main Street Temecula,CA 92590 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code Sections 6103 and 27383 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to CT & T Concrete Paving, Inc., 324 S. Diamond Bar Blvd., PMB 275, Diamond Bar, California. 91765 to perform the following work of improvement: Sidewalks — Ynez Road (Winchester Road to County Center Drive), Project No. PW17-22 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on September 11, 2018. That upon said contract Contractors Bonding and Insurance Company, 111 Pacifica, Suite 350, Irvine, California. 92618, was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: Sidewalks — Ynez Road (Winchester Road to County Center Drive), Project No. PW17-22 6. The location of said property is: East side of Ynez Road from Winchester Road to County Center Drive, Temecula, California. Dated at Temecula, California, this 11th day of September, 2018. City of Temecula Randi Johl, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA I, Randi Johl, City Clerk of the City of Temecula, California, do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 11th day of September, 2018. City of Temecula Randi Johl, City Clerk CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE for SIDEWALKS—YNEZ ROAD (WINCHESTER ROAD TO COUNTY CENTER DRIVE) PROJECT NO. PW17-22 This is to certify that C:T 4.1 64/61-e 4e P6,V (hereinafter the "Contractor") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the Contractor or by any of the Contractor's agents, employees or subcontractors used or in contribution to the execution of its contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as SIDEWALKS — YNEZ ROAD (WINCHESTER ROAD TO COUNTY CENTER DRIVE), PROJECT NO. PW17-22, situated in the City of Temecula, State of California, more particularly described as follows: YNEZ ROAD BETWEEN WINCHESTER ROAD AND COUNTY CENTER DRIVE, TEMECULA CA 92590 ADDRESS OR DESCRIBE LOCATION OF WORK The Contractor declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any unpaid sums owing to the Contractor. Further, in connection with the final payment of the Contract, the Contractor hereby disputes the following amounts: Descriotion Dollar Amount to Dispute Pursuant to Public Contract Code Section 7100, the Contractor does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the Contractor by reason of payment by the City of Temecula of any contract amount which the Contractor has not disputed above CONTRAC,TO y, Dated S ) g :So v _ ( 17ft 5 id Print Name and Title RELEASE R-1 Premium listed on Performance Bond Executed in Duplicate CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS BOND NO. RCB0016727 MAINTENANCE BOND for SIDEWALKS - YNEZ ROAD (WINCHESTER ROAD TO COUNTY CENTER DRIVE) PROJECT NO. PW17-22 KNOW ALL PERSONS BY THESE PRESENT THAT CT&T Concrete Paving, Inc. 324 S. Diamond Bar Blvd., PMB 275, Diamond Bar, CA 91765 NAME AND ADDRESS OF CONTRACTOR a Corporation (hereinafter called "Principal"), and (Fill in whether a Corporation, Partnership,or Individual) Contractors Bonding and Insurance Company, 111 Pacifica, Suite 350, Irvine, CA 92618 NAME AND ADDRESS OF SURETY (hereinafter called "Surety-) are held and firmly bound unto City of Temecula (hereinafter called `Owner') in the penal sum of Five Thousand Two Hundred Forty One DOLLARS AND Seventy-Five CENTS (S 5.241,75 ) in lawful money of the United States, said sum being not less than ten percent (10%)•of the Contract value payable by the said City of Temecula under the terms of the Contract, for the payment of which, we bind ourselves, successors, and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas the Principal entered into a certain Contract with the Owner, dated this 13th day of March , 2018, a copy of which is hereto attached and made a part hereof for the construction SIDEWALKS -- YNEZ ROAD(WINCHESTER ROAD TO COUNTY CENTER DRIVE), PROJECT NO. PW17-22. WHEREAS, said Contract provides that the Principal will furnish a bond conditioned to guarantee for the period of one year after approval of the final estimate on said job, by the Owner, against all defects in workmanship and materials which may become apparent during said period: and WHEREAS, the said Contract has been completed, and was the final estimate approved or this the 28*' day of AtIvit , 2018. NOW, THEREFORE. THE CONDITION OF THIS OBLIGATION IS SUCH, that if within one year from the date of approval of the final estimate on said job pursuant to the Contract, the work done under the terms of said Contract shall disclose poor workmanship in the execution of said work. and the carrying out of the terms of said Contract, or it shall appear that defective materials were furnished thereunder, then this obligation shall remain in full force and virtue, otherwise this instrument shah be void. .'3.1 As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by the City of Temecula in successfully enforcing this obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or to the work to be performed thereunder, or to the specifications accompanying the same. shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the work, or to the Specifications. 'July 31 Signed and sealed this day of:, 2018- (Seal) SURETY: PRINCIPAL: Contractors Bonding and Insur nce Company CT&T Concrett04 .! r By: - 8Y: / Yung T. Mullic JC (A/A.;'_T (Name) (Name) r - - Attorney-in-FactI r•C siGl,n/f (Title) (Till leLcVA:z_ Couvull APPROVED AS TO FORM 'fitk.l c Ce,,c.vek --( (Name) Tr-CAS uvr.c..e- Pete . Thorson, City Attorney (Title) NOTE: Signatures of two corporate officers required for corporations. A Notarial Acknowledgement or Jurat must be attached for each of the Surety and Principal Signatures. MAINTENANCE BOND M8-2 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles _ } On %"2-1 $ before me, Daniel A. Butler, A Notary Public Moro own name and tale of the office.) personally appeared k �a' - —TA c kvc who proved to me on the basis of satisfactory evidence to be the person sc whose namesis re subscribed to the within instrument and acknowledged to me that he/shef e executed the same in his/he ,telizuthorized capacity , and that by his/her el signatureCs on the instrument the persor0, or the entity upon behalf of which the person st�jacted, 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. W W DANIEL A BUTLER ; Commission No 2239769 WITNESS my hand and official seal. NOTARY PUBLIC-CALIFORNIA - / LOS ANGELES COUNTY /j� :'.'✓;�J My Comm Expires APRIL 26,2022 E Notary Public Signature (Notary Public Seal) • • ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM this form complies with current California statutes regarding notary wording and. DESCRIPTION OF THE ATTACHED DOCUMENT if needed.should be completed and attached to the document.Acknowledgments from other states nwy he completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary law. (Title or description of attached document) • State and County information must be the State and County where the document signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Title or description of attached document continued) must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her Number of Pages Document Date commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/shelthey,-is lace)or circling the correct forms.Failure to correctly indicate this ❑ Individual (S) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ • Signature of the notary public must match the signature on file with the office of Partner (s) the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) ••• acknowledgment is not misused or attached to a different document. ♦,. Indicate title or type of attached document,number of pages and date. ❑ Other Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). www NotaryClasses corn 800-873-9865 • Securely attach this document to the signed document with a staple. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT [_ _ ___ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of Orange On July 31, 2018 before me, Irene Luong , Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared _ __ Yung T. Mullick Name(s)of Signer(s) — who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in 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. IRENELUONG I certify under PENALTY OF PERJURY under the laws of Notary Public-California _ f;; , the State of California that the foregoing paragraph is true �t �, OrangeCounry 4`r I / Commission i 2207169 and correct. MyCotnm.Expires Jul 27,2021 Witness my hand.al :-a Signatur- Num,_/, .'jjA�� ' Place Notary Seal Above Sign.tur.of Notary Publ re - Luo 0. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above Capacity(ies)Claimed by Signer(s) Signer's Name Signer's Name: El Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑ Corporate Officer —Title(s). E l Partner ❑Limited El General ❑ Partner ❑Limited El General C7 Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUriBPRINT n Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: _ ❑ Other: Signer is Representing: Signer is Representing POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N.Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together,the"Company")do hereby make,constitute and appoint: James W.Moilanen.Yung T.Mullick.Stephanie Hoag,jointly or severally in the City of Mission Viejo .State of California its true and lawful Agent(s)and Attomey(s) in Fact,with full power and authority hereby conferred, to sign, execute,acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( S25.000.000.00 )for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation,and is now in force,to-wit: "All bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds,policies or undertakings in the name of the Company. The corporate I seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 17th day of May 2018 RLI Insurance Company ... ', c.,%_.% Contractors Bonding and Insurance Company i g 41 4 • t By, K/ • aratql k SEAL.: Barton W.Davis Vice President • State of Illinois • tunas ...... /44.1 u � 0 SS County of Peoria CERTIFICATE On this 17th day of May2018 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Compiiltand/or tors Bondi �ap nsurance Company this ,I day of N. �-d I By: gfAllif RLI Insurance Company Gretchen L.Johnigk Notary Public Contractors Bonding and Insurance Company pL GRETCHEN L JOHNIGK • •• "'„`��,� OFFICIAL SEAL' By: ��'///�il 46444° JMf•Mi .,, .5. cam+aa E,� Jean tephenson Corporate Secretary �- May 26.Zorn I 0475412020212 A0058817 TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No . 10 ACTION MINUTES August 28, 2018 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:35 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS None CSD CONSENT CALENDAR 13 Approve the Action Minutes of August 14, 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 13.1 That the Board of Directors approve the Action Minutes of August 14, 2018. 14 Approve a Sponsorship Agreement with the Temecula Valley Woman's Club for Use of the Community Recreation Center (CRC) Kitchen and Multi-Purpose Room - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Edwards, Naggar, Rahn, Stewart and Comerchero. RECOMMENDATION: 14.1 That the Board of Directors approve a Sponsorship Agreement with the Temecula Valley Woman's Club for in-kind facility use, in the amount of $1,412, for the use of the Community Recreation Center (CRC) kitchen and multi- purpose room. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:39 PM, the Community Services District meeting was formally adjourned to a Special Meeting on Tuesday, September 11, 2018, Temecula Duck Pond, 28250 Ynez Road, Temecula, CA 92591. CSD Action Minutes 082818 1 Next regular meeting: Tuesday, September 25, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 082818 2 Item No . 11 Approvals Mr- Director City Attorney of Finance City Manager 612. TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Kevin Hawkins, Director of Community Services DATE: September 11, 2018 SUBJECT: Approve a Musical Services Agreement with the Inland Valley Symphony for Free Concerts for Fiscal Year 2018-19 PREPARED BY: Dawn Adamiak, Community Services Manager RECOMMENDATION: That the Board of Directors approve a Musical Services Agreement with the Inland Valley Symphony, in the amount of $38,000, for four free musical performances and educational outreach in Fiscal Year 2018-19. BACKGROUND: The Inland Valley Symphony aspires to provide quality, innovative and compelling music programming and serves as a leader of the arts in our community, through an organization that provides the support necessary for these efforts, in an atmosphere that is fun, positive and supportive. The Inland Valley Symphony is a 60-member regional symphony that attracts musicians from throughout the southland and is a mix of professionals and accomplished volunteers who dedicate their time and talent to the Symphony. According to Alana Joos, the Symphony's Managing and Artistic Director: "We design our programs to connect to the audience in a personal way and strive to make them engaging and light-hearted. We are not your ordinary stuffy symphony. We like to break the barrier between the audience and the orchestra and encourage people to laugh, applaud and participate in the musical experience. We believe it's okay to have fun at a symphony concert." FISCAL IMPACT: Funding is available in Fiscal Year 2018-19 Operating Budget. ATTACHMENTS: Musical Services Agreement PROCUREMENT OF MUSICAL SERVICES AGREEMENT BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND INLAND VALLEY SYMPHONY THIS AGREEMENT is made and effective as of September 11, 2018, between the Temecula Community Services District, a community services district ("District") and the Inland Valley Symphony, a Corporation ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM.This Agreement shall commence on September 11, 2018,and shall remain and continue in effect until June 30, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES. a. Upon request of the District, Contractor shall assemble a band, orchestra, group of musicians, or an individual musician to perform within the City of Temecula("Musicians") at the following venues: Community Recreation Center and Civic Center Quad. Contractor shall match the skill and experience of the Musicians to the type of music and performance requested by the District. b. Contractor shall submit a proposal to the District for the assembly of Musicians ("Scope of Services"), attached hereto and incorporated as Exhibit "A". The proposal shall state: (1) the date, time and location of the performances; (2) the type of music to be performed; (3) the Musicians and the instruments they will be performing; (4) the individual rate for the Musicians; (5) additional costs not reflected in the rates of the Musicians; (6) any special needs of the Musicians which will be part of the proposal; (7) total fees and costs of the proposal; (8) time and terms for payment; and (9) that the proposal shall be subject to the terms of this Agreement. c. This Agreement is non-exclusive. Contractor acknowledges and agrees that the City retains the right to seek proposals from other parties for the assembly of musical services for venues within the District. 3. RESPONSIBILITIES OF THE CONTRACTOR a. Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, performs 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. b. Contractor shall be fully responsible for the payment of all wages, taxes, union fees, workers compensation insurance for the musicians, and withholdings required by applicable laws or regulations. c. Contractor shall be fully responsible for paying any legally required royalties of fees for the use by the Musicians of copyrighted material unless advised in writing by the Director that the District or another performer has paid such royalties or fees. d. Contractor and the Musicians shall comply at all times with all applicable copyright laws. 1 06/11/2018 4. PAYMENT. The District agrees to pay Contractor the costs and fees for each performance according to the terms of the Proposal accepted by the Director, not to exceed Thirty-Eight Thousand Dollars and No Cents ($38,000.00)for the entire term of the Agreement 5. SUSPENSION OR TERMINATION OF AGREEMENT. The District may at any time, for any reason, with or without cause, suspend or terminate this Agreement by serving upon the Contractor at least ten (10) days prior written notice. The District may, in its sole discretion, rescind its termination of the Agreement within this 10-day period. 6. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City of Temecula ("City"), the District, the Successor Agency to the Temecula Redevelopment Agency, their 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, the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of 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 District. 7. 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) 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) 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 policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula 2 06/11/2018 Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Successor Agency to the Temecula Redevelopment Agency, 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 in substantial conformance to the following: If the policy will be canceled before the expiration date the insurer will notify in writing to the City of such cancellation not less than thirty (30) days' prior to the cancellation effective date. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. 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. 8. INDEPENDENT CONTRACTOR. a. Contractor is and shall at all times remain as to the District 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 District 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 District. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District 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, District shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for District. District shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder 3 06/1112018 9. 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 District, 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. 10. 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 District: Temecula Community Services District Attention: Director of Community Services 41000 Main Street Temecula, California 92590 To Contractor:Inland Valley Symphony Attention: Alana Joos PO Box 637 Temecula, CA 92593 11. 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 Director. 12. 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. 13. GOVERNING LAW. The District 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. 14. PROHIBITED INTEREST. No officer, or employee of the District 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 District that no officer or employee of the District 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 4 06/11/2018 project. Contractor further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 15. 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. 16. 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. 5 06/11/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Temecula Community Services District INLAND VALLEY SYMPHONY (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: 6� Jeff Comerchero, TCSD President 61,hm McLaughlin, President ATTEST: By By: ArniaCantye"Ill Randi Johl, Secretary Treasurer APPROVED AS TO FORM: By: Peter M. Thorson, General Counsel PM Initials: Date: 6 06/1112018 EXHIBIT "A" = s Alana Joos TF MVC�'UI A VAI I F y Managing&Artistic Director csYMIDIIONY Mailing Address PO A9 637 Temecula,CA 921593 (j Music • ART P►ssro« Alana's Cell 818-.'.31-0931 \\ _ Symphony's Cel 951-587-1536 PROPOSAL The Temecula Valley Symphony thanks the City of Temecula for the opportunity to perform for the public for the following events.The Symphony consists of 60+members who dedicate their time and talents to their passion and the Youth Symphony consists of 75+members who benefit from these outreach concerts_ Our organization appreciates the opportunity to share the power of music with the community. CITY PROVIDED DATE TIME LOCATION CITY PROVIDED AMENITIES COST OCTOBER 28, Community Chairs for Musicians&Some Tables for 2018(Sun.) 3-5:00 PM Recreation Center Displays.and pizza for the young musicians 54.000 Temecula Valley YOUTH Symphony Concert: FALL SPOOKTACULAR Program includes Halloween favorites including music from Harry Potter,The Addams Family, Ghostbusters, and more,with a costume parade and prizes! NOVEMBER 11. 2018(Sun.) 6-9:00 PM Civic Center Quad All Audio and Electrical Equipment, Lights. 510.500 Drapes for Doors,Chairs for Musicians Temecula Valley Symphony Concert: A PATRIOTIC SALUTE TO VETERANS Includes presentation of TAPS and a program full of patriotic music to honor members of our Armed Forces.The performance will also feature Temecula Valley Symphony Chorus along with selections from John Williams, Sousa marches,and a variety of other thematic music 5500 of this total is earmarked for the Symphony Chorus MARCH 10.2019 Chairs for Musicians,Tables for Musical (Sun.) 3-5:00 PM Community Rec.Ctr Instrument Petting Zoo 513.500 Temecula Valley Symphony Concert: CARNIVAL OF MUSIC Concert includes music for families and young audiences with a focus on introducing people to the various instruments of the orchestra.Program includes music from Cartoons, movies,TV Shows,or classical works that are familiar and well-4oved by audiences with a guest vocalist feature A musical instrument petting zoo will be held at the conclusion of the concert with instrument demos. MAY 25. 2019 All Audio&Electrical Equipment,Shade. (Sat.) 6:30-8:30 PM Crvic Center Quad Drapes for Doors,Chairs for Musicians 510.000 Temecula Valley Symphony Concert: A TRIBUTE TO HEROES Program features a Guest Vocalist and music from heroic themed film scores and will include some select pieces dedicated to our heroes from the Armed Forces CONCERT PACKAGE TOTAL AMOUNT $38,000 At the conclusion of the contract,the Symphony will provide a report that details the numbers of people served and the amount of in-kind support received during the contractual penod. 7 06/11/2018 REQUESTS TO SPEAK O�MN REQUEST TO SPEAK CITY OF TEMECULA a1989 .x , , / Date: c: % I wish to speak on: M Public Comment Circle One: CITY COUNCIL/ CSD / SARDA/THA/TPFA Subject: Agenda Item No. /„d;.., For y Against ° Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Address: 76 Email address: by If you are representing an organization or group, please give the name: 13,514 TittV,P 360 / ,�`tr,<:.,. . R �'- /t� /! ,: !� "AT-,7 C Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. ,ON REQUEST TO SPEAK /� , CITY OF TEMECULA V 1989 Date: I wish to s eak on: - l Public Comment Circle One. CITY COUNC�/ SD/SARDA/THA/TPFA'/ Subject: O✓ / �h / ' <tiWel-i 1l J� S 7 Agenda Item No. For 1-1 Against F Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerkrp for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the rec / Name: Phone Number: �� - Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK \X "J CITY OF TEMECULA 1989 Date: IA b I wish to speak on: Public Comment Circle One Y COUNCIL/CSD/SARDA/THA/TPFA Subject: M. � 6�-/ El Agenda Item No. For ❑ Against F Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk prior to the City Council commencing the Public Comment period. For all Public Hearing or Council Business items on the Agenda, a Request to Speak form may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: l .hr< <S�'� 1�2(-kU(\�� Phone Number: Address: � ��i(Y1�GcJ �� C� q � Email address: (►� If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional.