Agenda — Temecula City Council, June 14, 2022 (part 2 of 4)

SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance / Accounting Public Affairs / Education
Training Procurement
Data Processing Fire Fighting Equip.

Personnel Office Supplies/Equip.

Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/ Defibrillator replacement cycle.

Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer
support functions
Hazmat Program - Support staff, operating costs, and vehicle replacement FY 22/23 POSITION SALARIES TOP STEP (per assumptions below) 392,554 DEPUTY CHIEF 36,250

FIRE ENGINE
387,615 DIV CHIEF 18,139
SRVDEL
316,465 BAT CHIEF 9,540

VOL DEL
268,500 CAPT 12,113

MEDIC FTE
304,832 CAPT MEDIC 2,701

MEDIC MONITORS/DEFIBS REPLACEMENT
235,462 ENG 95,196

BATT DEL
268,708 ENG/MEDIC 21,621

ECC STATION
206,855 FF II 35.25

ECC CALLS
237,032 FF II/MEDIC 66,511

FLEET SUPPORT
122,196 FIRE PREVENTION TECHNICIAN 25,735

COMM/IT STATION
179,153 FIRE SAFETY SUPERVISOR 41.95

COMM/IT CALLS
167,029 FIRE SAFETY SPECIALIST 1,446

FACILITY STATION
146,067 FIRE SYSTEMS INSPECTOR 400.20

FACILITY FTE
85,642 OFFICE ASSISTANT III 5,286

HAZMAT STATION
97,438 SECRETARY I 1,330.66

HAZMAT CALLS
190,711 COUNTY DEPUTY FIRE MARSHAL 1,987

HAZMAT VEHICLE REPLACEMENT
`Cost Assumptions:

All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2022-2023 Dated January 31, 2022 Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2022-23 dated February 2022 Preliminary Projected increase to Safety & Non -Safety Staff and Support Services from FY22123 Cost Allocation Estimate.

FY 22/23 DIRECT BILL ACCOUNT CODES
520230 Cellular Phone 522340
Station Budgeted Maint-Building and Improvement
520300 Pager Service 522360
Mai nt-Extermination
520320 Telephone Service 522380
Maint-Critical Systems
520800 Household Expense 522410
Maint-Health & Safety
520805 Appliances 522860
Medical Supplies
520830 Laundry Services 522890
Pharmaceuticals
520840 Household Furnishings 523220
Licenses And Permits
520845 Trash 523680
Office Equip Non Fixed Assets
521380 Maint-Copier Machines 526700
Rent -Lease Building
521440 Maint-Kitchen Equipment 529500
Electricity
521540 Maint-Office Equipment 529510
Heating Fuel
521660 Maint-Telephone 529550
Water
521680 Maint-Underground Tanks 537240
Intertnd Exp-Utilities
522310 Maint-Building and Improvement 542060
Capital Improvements Facilities
FY22123 EXHIBIT "A" CITY OF TEMECULA

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EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF TEMECULA
DATED MARCH 1, 2022 FOR FY2023/ 2024
County fund one (1) Captain, one (1) Engineer, one (1) FFII, one (1) FFII Medic, and Fleet Support *See notation below for estimate assumptions

CAPTAINS CAPTAIN ENGINEERS ENGINEER FF II FFII TOTALS
________ MEDICS MEDICS _ MEDICS
STA #12
Medic Engine 563,850 2 494,469
2 434,396
2 497,768
2 1,990,483
s
STA #73
Medic Engine 563,850 2 247,235
1 282,144
1 434,396
2 497,768
2 2,025,392
s
(Truck Co.) 845,775 3 741,704
3 651,594
3 746,652
3 2,985,725
12 STA #84
Medic Engine 563,850 2 494,469
2 434,396
2 497,768
2 1,990,483
8 STA #92
Medic Engine 563,850 2 247,235
1 282,144
1 434,396
2 497,768
2 2,025,392
8 STA #95
Medic Engine 0 0 0
0 282,144
1 217,198
1 248,884
1 748,226
3 County Staffing 0* 1 0*
1 0*
1 0*
1 0
4 Fixed Relief 281,925 1
282,144
1 217,198
1 248,884
1 1,030,151
4 Vac. Relief - Engine 281,925 1 247,235
1 564,288
2 434,396
2 248,884
1 1,776,727
7 SUBTOTALS 3,665,025 2,472,347
1,692,863
3,257,968
3,484,375
$14,572,578
SUBTOTAL STAFF 14
11 6
16 15
62 BATTALION CHIEF
332,288
each
332,288
1 CAPTAIN MEDIC
320,074
each
320,074
1 FIRE SAFETY SUPERVISOR (PCN 110077)
188,111
each
188,111
1 FIRE SAFETY SPECIALIST (PCN 00006966 & 00131494)
175,381
each
350,761
2 FIRE SYSTEMS INSPECTOR (PCN 00006972, 00133413, 00131566) 153,370
each
460,110
3 SUBTOTAL
$1,651,344
70 SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A)
19,046
per assigned Staff **
1,142,757
60 Volunteer Program (Schedule B)
10,017
Per Entity Allocation
10,017
1 Medic Program (Schedule C) 12,719
Medic FTE and
2,836
per Defib
271,389
20 ECC Support (Schedule E) 37.01
per Call and
22,702
per Station
422,021
Fleet Support (Schedule F)
69,837
per Fire Suppression Equip
314,264

4.5 Comm/IT Support (Schedule G) 44.05
per Call and
27,022
per Station
502,256
Hazmat Support (Schedule i) 1,397
per Call and
5,550
per Station
55,007

SUPPORT SERVICES SUBTOTAL
$2,717,712

DIRECT CHARGES
142,677

FIRE ENGINE USE AGREEMENT
36,250
each engine
181,250
5 TOTAL STAFF COUNT
70 TOTAL ESTIMATED CITY BUDGET
$19,265,562
* TEMECULA ESTIMATED FIRE TAX CREDIT
($9,910,228)

NET ESTIMATED CITY BUDGET
$9,355,333
* STRUCTURAL FIRE TAXES
(8,886,861)
ESTIMATED REDEVELOPMENT PASS THRU (1,023,367)

TOTAL TAX FUNDING
($9,910,228)

4.5 Fire Stations 62.00 Assigned Staff
8,642 Number of Calls 2.0 Batt. Chief/Capt. Medic Support 20 Assigned Medic FTE (4.0) County Funded
6 Monitors/Defibs ** 60.00 Total Assigned Staff

4.5 Hazmat Stations
20 Number of Hazmat Calls
FY23124 EXHIBIT "A" CITY OF TEMECULA

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SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance / Accounting Public Affairs / Education
Training Procurement
Data Processing Fire Fighting Equip.

Personnel Office Supplies/Equip.

Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
Hazmat Program - Support staff, operating costs, and vehicle replacement FY 23/24 POSITION SALARIES TOP STEP (per assumptions below) 412,182

DEPUTY CHIEF
406,996

DIV CHIEF
332,288

BAT CHIEF
281,925
CAPT
320,074

CAPT MEDIC
247,235
ENG
282,144

ENG/MEDIC
217,198
FF II
248,884

FF II/MEDIC
128,305

FIRE PREVENTION TECHNICIAN
188,111

FIRE SAFETY SUPERVISOR
175,381

FIRE SAFETY SPECIALIST
153,370

FIRE SYSTEMS INSPECTOR
89,924

OFFICE ASSISTANT III
102,310

SECRETARY I
200,247

COUNTY DEPUTY FIRE MARSHAL
36,250

FIRE ENGINE
19,046
SRVDEL
10,017

VOL DEL
12,719

MEDIC FTE
2,836

MEDIC MONITORS/DEFIBS REPLACEMENT
99,956

BATT DEL
22,702

ECC STATION

37.01 ECC CALLS
69,837

FLEET SUPPORT
27,022

COMM/IT STATION

44.05 COMM/IT CALLS
1,954

FACILITY STATION
540.57

FACILITY FTE
5,550

HAZMAT STATION
1,397.19

HAZMAT CALLS
2,087

HAZMAT VEHICLE REPLACEMENT
`Cost Assumptions:
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2022-2023 Dated January 31, 2022 with an estimated increase of 5% applied to the salaries.

Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2022-23 dated February 2022 Preliminary Estimated Support Services based FY 21122 Estimated Cost Allocation Plan with an estimated increase of 5% FY 23/24 DIRECT

BILL ACCOUNT CODES
520230
Cellular Phone
522340
Station Budgeted Maint-Building and Improvement
520300
Pager Service
522360
Mai nt-Extermination
520320
Telephone Service
522380
Maint-Critical Systems
520800
Household Expense
522410
Maint-Health & Safety
520805
Appliances
522860
Medical Supplies
520830
Laundry Services
522890
Pharmaceuticals
520840
Household Furnishings
523220
Licenses And Permits
520845
Trash
523680
Office Equip Non Fixed Assets
521380
Maint-Copier Machines
526700
Rent -Lease Building
521440
Maint-Kitchen Equipment
529500
Electricity
521540
Maint-Office Equipment
529510
Heating Fuel
521660
Maint-Telephone
529550
Water
521680
Maint-Underground Tanks
537240
Interfnd Exp-Utilities
522310
Maint-Building and Improvement
542060
Capital Improvements Facilities
FY23124 EXHIBIT "A" CITY OF TEMECULA

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EXHIBIT "A"

TO THE COOPERATIVE AGREEMENT TO PROVIDE

FIRE PREVENTION, RESCUE, FIRE MARSHAL AND

MEDICAL EMERGENCY FOR THE CITY OF TEMECULA
DATED MARCH 1, 2022 FOR FY2024/2025
*See notation below for estimate assumptions

CAPTAINS CAPTAIN ENGINEERS ENGINEER FF II FFII TOTALS
MEDICS _ _ _ _ _ MEDICS .-MEDICS--
STA #12
Medic Engine 592,043 2 519,193
2 456,116
2 522,656
2 2,090,007
8 STA #73
Medic Engine 592,043 2 259,596
1 296,251
1 456,116
2 522,656
2 2,126,662
8 (Truck Co.) 888,064 3 778,789
3 684,173
3 783,984
3 3,135,011
12 STA #84
Medic Engine 592,043 2 519,193
2 456,116
2 522,656
2 2,090,007
8 STA #92
Medic Engine 592,043 2 259,596
1 296,251
1 456,116
2 522,656
2 2,126,662
8 STA #95
Medic Engine 0 0 0
0 296,251
1 228,058
1 261,328
1 785,637
3 County Staffing 0* 1 0*
1 0*
1 0*
1 0
4 Fixed Relief 296,021 1
296,251
1 228,058
1 261,328
1 1,081,658
4 Vac. Relief - Engine 296,021 1 259,596
1 592,502
2 456,116
2 261,328
1 1,865,563
7 SUBTOTALS 3,848,277 2,595,964
1,777,506
3,420,866
3,658,594
$15,301,207
SUBTOTAL STAFF 14
11 6
16 15
62 BATTALION CHIEF
348,902
each
348,902
1 CAPTAIN MEDIC
336,078
each
336,078
1 FIRE SAFETY SUPERVISOR (PCN 110077)
197,516
each
197,516
1 FIRE SAFETY SPECIALIST (PCN 00006966 & 00131494)
184,150
each
368,299
2 FIRE SYSTEMS INSPECTOR (PCN 00006972, 00133413, 00131566) 161,039
each
483,116
3 SUBTOTAL
$1,733,912
70 SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A)
19,998
per assigned Staff **
1,199,895
60 Volunteer Program (Schedule B)
10,518
Per Entity Allocation
10,518
1 Medic Program (Schedule C) 13,355
Medic FTE and
2,978
per Defib
284,959
20 ECC Support (schedule E) 37.75
per Call and
23,156
per Station
430,462
Fleet Support (Schedule F)
73,328
per Fire Suppression Equip
329,978

4.5 Comm/IT Support (schedule G) 46.25
per Call and
28,373
per Station
527,369
Hazmat Support (schedule 1) 1,467
per Call and
5,828
per Station
57,757

SUPPORT SERVICES SUBTOTAL
$2,840,937

DIRECT CHARGES
142,677

FIRE ENGINE USE AGREEMENT
36,250
each engine
181,250
5 TOTAL STAFF COUNT
70 TOTAL ESTIMATED CITY BUDGET
$20,199,983
* TEMECULA ESTIMATED FIRE TAX CREDIT
($9,910,228)

NET ESTIMATED CITY BUDGET
$10,289,755
* STRUCTURAL FIRE TAXES
(8,886,861)

ESTIMATED REDEVELOPMENT PASS THRU
(1,023,367)

TOTAL TAX FUNDING
($9,910,228)

4.5 Fire Stations

62.00 Assigned Staff
8,642 Number of Calls

2.0 Batt. Chief/Capt.

Medic
Support
20 Assigned Medic FTE
(4.0)
County Funded
6 Monitors/Defibs
** 60.00
Total Assigned Staff

4.5 Hazmat Stations
20 Number of Hazmat
Calls
FY24125 EXHIBIT "A" CITY OF TEMECULA

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SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative_&Operational Services
Finance / Accounting Public Affairs / Education
Training Procurement
Data Processing Fire Fighting Equip.

Personnel Office Supplies/Equip.

Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, computer support functions
Hazmat Program - Support staff, operating costs, and vehicle replacement FY 23/24 POSITION SALARIES TOP STEP (per assumptions below) 432,791

DEPUTY CHIEF
36,250

FIRE ENGINE
427,345

DIV CHIEF
19,998
SRVDEL
348,902

BAT CHIEF
10,518

VOL DEL
296,021
CAPT
13,355

MEDIC FTE
336,078

CAPT MEDIC
2,978

MEDIC MONITORS/DEFIBS REPLACEMENT
259,596
ENG
104,954

BATT DEL
296,251

ENG/MEDIC
23,156

ECC STATION
228,058
FF II

37.75 ECC CALLS
261,328

FF II/MEDIC
73,328

FLEET SUPPORT
134,721

FIRE PREVENTION TECHNICIAN
28,373

COMM/IT STATION
197,516

FIRE SAFETY SUPERVISOR

46.25 COMM/IT CALLS
184,150

FIRE SAFETY SPECIALIST
2,052

FACILITY STATION
161,039

FIRE SYSTEMS INSPECTOR
567.60

FACILITY FTE
94,420

OFFICE ASSISTANT III
5,828

HAZMAT STATION
107,426

SECRETARY I
1,467.05

HAZMAT CALLS
210,259

COUNTY DEPUTY FIRE MARSHAL
2,191

HAZMAT VEHICLE REPLACEMENT
'Cost Assumptions:

All Salaries based on the Salary, Pay Differentials, and Operating Expenses estimated for FY 2023-2024 with an estimated increase of 5% applied Estimated Support Services based FY 23124 Estimated Cost Allocation Plan with an estimated increase of 5% FY 23124 DIRECT BILL ACCOUNT CODES
520230
Cellular Phone
522340
Station Budgeted Maint-Building and Improvement
520300
Pager Service
522360
Maint-Extermination
520320
Telephone Service
522380
Maint-Critical Systems
520800
Household Expense
522410
Maint-Health & Safety
520805
Appliances
522860
Medical Supplies
520830
Laundry Services
522890
Pharmaceuticals
520840
Household Furnishings
523220
Licenses And Permits
520845
Trash
523680
Office Equip Non Fixed Assets
521380
Maint-Copier Machines
526700
Rent -Lease Building
521440
Maint-Kitchen Equipment
529500
Electricity
521540
Maint-Office Equipment
529510
Heating Fuel
521660
Maint-Telephone
529550
Water
521680
Maint-Underground Tanks
537240
Interfnd Exp-Utilities
522310
Maint-Building and Improvement
542060
Capital Improvements Facilities
FY24125 EXHIBIT "A" CITY OF TEMECULA

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EXHIBIT "B"

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE

AND MEDICAL AID FOR THE CITY OF TEMECULA
DATED JULY 1, 2022

PAYMENT FOR SERVICES

ADDITIONAL TERMS
COUNTY shall make a claim to CITY for the actual cost of contracted services as shown on Exhibit "A" during each of the following periods:
(1) July 1 through September 30, claim in October;
(2) October 1 through December 31, claim in January;
(3) January 1 through March 31, claim in April; and
(4) April 1 through June 30, claim in July/August.

The claims shall be for actual costs of services after any deduction for estimated Structural Fire taxes and/or Redevelopment, with final reconciliation of fire taxes to actual revenue received which may result in an additional credit or expense to CITY in the August final claim. CITY shall pay each claim within 30 days after receipt thereof. COUNTY shall allow a credit in the amount of the Structural Fire taxes as determined by COUNTY Auditor Controller/Treasurer Tax Collector Office to be collected in each fiscal year of this Agreement. The allowed credit shall not exceed the cost of contracted services.

Exhibit "B"

CITY OF TEMECULA
1 of 1

EXHIBIT "C"

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MASHAL

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED JULY 1, 2022

PAYMENT FOR SERVICES

ADDITIONAL SERVICES

FIRE ENGINE USE AGREEMENT
Station 12
Engine E12, RCO No. 12-820 $ 36,250.00
0tatinn 7.'�
Engine E73, RCO No. 16-804 $ 36,250.00
Station 84
Engine E84, RCO No. 16-806 $ 36,250.00
.qtntinn A9
Engine E92, RCO No. 08-869 $ 36,250.00
Station 95
Engine E95, RCO No. 15-847 $ 36,250.00
$ 181,250.00
The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY.

This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not waive or supersede any responsibilities of the CITY pursuant to this agreement. This Exhibit "C

CITY OF TEMECULA

Page 1 of 2 ends

exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable.

The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY.

The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement.

When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine.

The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $725,000. If this Agreement is entered into mid- year, the annual cost will be prorated accordingly.

The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated.

Exhibit "C

CITY OF TEMECULA

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EXHIBIT "D"

TO THE COOPERATIVE AGREEMENT

TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE

AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED JULY 1, 2022

PAYMENT FOR ADDITIONAL SERVICES

OFFICE OF THE FIRE MARSHAL AGREEMENT
The Fire Marshal Agreement is utilized in the event a CITY elects to fund locally direct COUNTY Fire Marshal personnel at the CITY to perform the duties of the Office of the Fire Marshal. These duties include:

For conformance with applicable laws, codes and regulations concerning fire protection and life safety -
• Review Planning and Development Cases for the CITY
• Review and inspection of construction development for the CITY • State mandated Fire/Life Safety Inspections in accordance with Health and Safety Code 13146.1, 13146.2, 13146.3, 13217 and 13235
• Review, Permitting and Inspection of Special Events
• Investigation of fire safety complaints
• Meeting with development applicants and customers
Administrative activities -
• Creation and maintenance of forms for review and inspection of construction development and fire/life safety inspections.
• Provide information to customers on CITY Ordinances and Standards for construction
• Creation and maintenance of Information Bulletins, Technical Policies and Standards for Fire Protection in the CITY
• Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety
In the event CITY desires an increase in the Office of the Fire Marshal duties services provides, CITY shall provide sixty (60) days written notice of the proposed increase in services. COUNTY is under no obligation to approve any requested increase.

COUNTY shall render a written decision on whether to allow or deny the increase within thirty (30) days of the notice provided pursuant to this section.

It is the CITY responsibility to provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards. These supplies include, but are not limited to:
• Vehicle and regular maintenance
• Training
• Office space, furniture, Code & Standard reference books, and general & field supplies
Exhibit "D"

CITY OF TEMECULA

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• All IT and Communication tools (such as cell phone, computer, etc.) • Uniform costs
All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement.

The CITY may opt out of this Agreement and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year.

It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY.

Contract CitieslEXHIBIT D - Fire Marshal Services l Template Exhibit D - 20180215.docx Exhibit "D"

CITY OF TEMECULA

Page 2 of 2 ends

Item No. 11

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Erica Russo, Director of Community Services
DATE: June 14, 2022
SUBJECT: Approve Sponsorship Agreement with Kiwanis Club of Temecula Valley Foundation for the Run 4k *Honor* Wine (At the Request of Council Member Alexander)
PREPARED BY: Dawn Adamiak, Community Services Superintendent RECOMMENDATION: That the City Council approve the sponsorship agreement with Kiwanis Club of Temecula Valley Foundation for in -kind promotional services valued at $11,415 for the Run 4k *Honor* Wine.

BACKGROUND: A representative of Honoring USA Heroes, working with Kiwanis Club of Temecula Valley Foundation, contacted Council Member Alexander regarding a 4k run they are hosting on July 3, 2022, Run 4k *Honor* Wine. The event is being held at Peltzer Farm & Winery and will include a 4k run, honoring a hero by presenting a living memorial picture, celebrating their life with a toast and vendor booths. Kiwanis is requesting the City provide in - kind promotional support valued at $11,415 which include placement on the Auto Mall Marquee and the City's website, a slide on Cable Channel 3, and a poster displayed at City Hall.

The Kiwanis Club of Temecula Valley was founded in 1979. This high -profile, distinguished service club has long been dedicated to serving the needs of the community in the greater Temecula Valley and is a proud member of Kiwanis International. The Kiwanis Club of Temecula Valley is focused on serving the needs of their community with emphasis on children but is also involved in projects that serve others. They partner with the City of Temecula and the Temecula Valley Chamber of Commerce on a variety of events, host two mobile blood drives each year, and provide support to other local charitable organizations, among other community service -oriented programs.

FISCAL IMPACT: The in -kind promotional services described above have an approximate market value of $11,415 but no direct fiscal impact. All associated staff time and resources are included in the existing Annual Operating Budget.

ATTACHMENTS: Agreement

SPONSORSHIP AGREEMENT BETWEEN

CITY OF TEMECULA AND KIWANIS CLUB OF TEMECULA

VALLEY FOUNDATION
THIS AGREEMENT is made and effective as of this 14th day of June, 2022, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Kiwanis Club of Temecula Valley Foundation, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:

1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
a. The Nonprofit shall operate the Run 41k *Honor* Wine (hereinafter referred to as the "Event") on July 3, 3022. The Event is a special event which is located at Peltzer Farm & Winery.
b. The Event includes a 4k run, Honoring a Hero Toast and vendor booths C. Alcohol will be served.
d. The City desires to be a Co -Sponsor of the Event.

2. TERM
This Agreement shall commence on June 14, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 30, 2022, unless sooner terminated pursuant to the provisions of this Agreement.

3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind promotional services valued at an amount not to exceed Eleven Thousand Four Hundred Fifteen Dollars and No Cents ($11,415.00), as listed in Exhibit B, the City of Temecula shall be designated as a Co - Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A.

4. WRITTEN REPORT
Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report.

5. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula 08/09/2021

Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement.

6. INSURANCE
The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by June 14, 2022, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No.

CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agencythat it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees.

activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

7. GOVERNING LAW
The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

O8/09/2021

8. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section.

9. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.

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:

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Recipient: Kiwanis Club of Temecula Valley Foundation Attn: Mark Ward
PO Box 447
Temecula, CA 92593

15. INDEPENDENT CONTRACTOR
a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder.

16. ENTIRE AGREEMENT
08/09/2021

This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

17. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination.

O8/09/2021

EXHIBIT "A"

CITY OF TEMECULA SPONSORSHIP BENEFITS

CO-SPONSOR
Kiwanis Club of Temecula Valley Foundation shall provide the following benefits and services for the citizens of the City of Temecula:
■ City of Temecula logo/name on advertisements
• City of Temecula name on all press releases
■ City of Temecula logo/name on event poster
• City of Temecula logo/name on event flyers
"Press Releases will be distributed to all local media, however, publication cannot be guaranteed.

Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc.
08/09/2021

EXHIBIT "B"

IN -KIND SERVICES

ESTIMATED VALUE OF PROMOTIONAL SERVICES

PROVIDED BY THE CITY OF TEMECULA
The estimated value for in -kind promotional assistance provided by The City of Temecula for the Run 41k *Honor* Wine is as follows:

Item
Auto Mall Marque
Appears approximately once every 4 Y2 minutes
Cable Channel
Event slide appears approximately once per hour for 30 seconds City Website
Event Listing on the City of Temecula's event calendar
Promotional Poster
42X66 poster displayed in the concourse at the Civic Center

TOTAL VALUE
Value
$ 3,115.00
$ 5,100.00
$ 2,200.00
$ 1,000.00
L 11,41IN
08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney

KIWANIS CLUB OF TEMECULA VALLEY

FOUNDATION
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: A, A�W'
Mark Ward, President
By:

Jim Stead, -Secretary

NONPROFIT
Kiwanis Club of Temecula Valley
Foundation
Attn: Mark Ward
PO Box 447
Temecula, CA 92593
orbimark@_aol.com
City Purchasing Mgr.

Initials and Date:
2I'
6 08/09/2021

Item No. 12

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Erica Russo, Director of Community Services
DATE: June 14, 2022
SUBJECT: Approve Memorandum of Understanding with the Foundation for Senior Care for Transportation and Parking Lot Related Services at the Mary Phillips Senior Center PREPARED BY: Yvette Martinez, Community Services Manager RECOMMENDATION: That the City Council approve the memorandum of understanding with the Foundation for Senior Care for the provision of transportation services provided by the foundation and utilizing the City facility, Mary Phillips Senior Center (MPSC) parking lot, as a connectivity destination for pick-up and drop-off of foundation clients.

BACKGROUND: The City of Temecula incorporated in 1989 with a population of less than 30,000 residents and a senior population of less than 10%. The City has grown to over three times the size with a population of almost 110,000, with a senior population of approximately 25%. The City of Temecula recognizes the need to assist in providing services and amenities to enrich quality of life, provide information and education, and support the emotional and physical needs of aging adults within our community.

For the past 22 years, the Mary Phillips Senior Center (MPSC) has grown along with the community by providing hundreds of programs, activities, and services for aging adults and those with special needs. It is the City's goal to provide the commitment and leadership to identify residents' needs, increase access to existing programs, develop tangible solutions, and plan for the future. The facility has become a place to socialize and participate, earning a reputation as "The Place Where Friends Meet".

Coinciding with the increase in the senior population, caregivers are experiencing a need for services provided by Adult Day Care Centers that is not currently met by MPSC. Adult day care centers are designed for aging adults who are isolated or can no longer manage independently, by providing both mental and social stimulation for the seniors and a respite for caregivers.

Currently, the nearest Adult Day Care Centers are in Fallbrook and Hemet. The Foundation for Senior Care provides care services, programs, and resource information for the senior population in Northern San Diego and Southwest Riverside Counties; and operates an adult day care center located in Fallbrook. This center provides professional care and assistance for frail, disabled and memory -impaired adults and is open from 9:00 am to 4:00 pm, Monday through Friday excluding major holidays observed by the Foundation (outlined in the attachment).

To meet this need, The City and The Foundation for Senior Care wish to utilize the City facility, MPSC and alternatively the Temecula Community Center during the MPSC renovation closures, as a pick-up and drop-off location offered to their clients needing transportation to the Foundation adult day care center located in Fallbrook. This service will be provided on Monday - Friday of each week, excluding holidays observed by both the Foundation and the City and/or any construction closures.

The MPSC, located at 41845 Sixth Street, Temecula, is open from 9:00 am to 4:00 pm, Monday through Friday excluding all City -observed holidays.

According to the City of Temecula's Quality of Life Master Plan, "Transportation mobility means moving people and goods efficiently, safely and cost effectively throughout the community and regions by having transportation choices and well -planned networks. Connectivity means providing residents access to good jobs, housing, restaurant, recreation, shopping, medical facilities and services that make a city desirable and livable. It also means making sure that everyone has equal access to these assets."
By granting the Foundation for Senior Care permission to utilize the MPSC parking lot as a connectivity destination within the designated area, the City will meet our goal of expanding public and private transportation options that improve the overall quality of life to seniors and caregivers, while achieving effective collaboration with relevant agencies to increase livability, improve productivity, provide opportunities for more healthy lifestyles, and provide increase access to services for all residents. The proposed Memorandum of Understanding has a term of three years.

FISCAL IMPACT: None
ATTACHMENTS: Memorandum of Understanding

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF TEMECULA

AND FOUNDATION FOR SENIOR CARE
This Memorandum of Understanding ("MOU") is made and effective as of June 14, 2022 between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Foundation For Senior Care (hereinafter referred to as "Foundation").

BACKGROUND
The Foundation provides supervised care services, programs, and resource information for the senior population in identified communities of Northern San Diego and Southwest Riverside Counties; and operates an adult day care center located at 320 West Alvarado Street, Fallbrook CA, 92028. The Foundation adult day care center provides professional care and assistance for frail, physically challenged, and memory impaired adults. The center is open from 9:00 a.m. to 4:00 p.m. Monday -Friday excluding "major" holidays observed by the Foundation.

The City operates the Mary Philips Senior Center located at 41845 Sixth Street, Temecula, CA 92590. The Mary Philips Senior Center is open from 9:00 a.m. to 4:00 p.m. Monday -Friday excluding all City observed holidays.

The Foundation wishes to utilize City facility, Mary Philips Senior Center as a pick-up/drop- off location offered to their clients needing transportation to the Foundation adult day care center located in Fallbrook, Monday - Friday, excluding holidays observed by both the Foundation and the City. Alternatively, when the Mary Phillips Senior Center is closed for renovations, the Foundation wishes to utilize City facility, Temecula Community Center as a pick-up/drop-off location.

2. RECITALS
The parties agree that this MOU is made with respect to the following facts and purposes:
a. The purpose of this MOU is to document the obligations of the City and Foundation as they relate to the provision of transportation services provided by the Foundation and utilizing City facility, Mary Philips Senior Center parking lot or alternatively the Temecula Community Center, as a connectivity destination for pick-up and drop-off of Foundation clients. b. The City is the owner of certain real property in the City of Temecula, known as the Mary Philips Senior Center located at 41845 Sixth Street, Temecula CA 92590, and Temecula Community Center located at 28816 Pujol Street, Temecula CA 92590.

C. The Foundation is a private organization for senior care and is offering to its clients transportation from the Mary Philips Senior Center or Temecula Community Center parking lot to the Foundation Adult Day Care Center, located at 320 West Alvarado Street, Fallbrook CA 92028 with return service. The Foundation will offer this service to its clients Monday through Friday, with a departure time of 9:00 a.m. and a return time between the hours of 3:45- 4:30 p.m.
d. The City is willing to grant permission to the Foundation to utilize the Mary Philips Senior Center or Temecula Community Center parking lot as a connectivity destination within the designated area, outlined in horizontal lines, in Exhibit A attached hereto and incorporated herein as though set forth in full.

e. The Foundation will not offer services on the Foundation's observed holidays as outlined in Exhibit B of this Agreement attached hereto and incorporated herein as though set forth in full.
f. The Foundation acknowledges the Mary Philips Senior Center facility or the Temecula Community Center will not be open on Saturday, Sunday, or City observed holidays as outlined in Exhibit B of this Agreement attached hereto and incorporated herein as though set forth in full. The City facility schedule and holidays observed may change at any time. It shall be the Foundation's responsibility to verify if the Mary Philips Senior Center or the Temecula Community Center facility is open and the parking lot available on the dates Foundation will be utilizing the connectivity destination.
g. The City acknowledges the Mary Philips Senior Center and Temecula Community Center is a public facility and its restrooms and waiting area may be utilized by Foundation transportation clients. The Foundation shall ensure and communicate to its clients, their caretakers if applicable, and Foundation employees, volunteers, and staff that Foundation clients utilizing transportation services must be accompanied at all times. h. The Foundation warrants and represents the transportation program and its client participation is the sole responsibility and scheduling of the Foundation and the City has no participation in or responsibility to the program, scheduling requirements, or the well-being of any of the transportation participants.
i. There shall be no cost to the Foundation for utilizing the Mary Philips Senior Center or Temecula Community Center parking lot as a connectivity destination and the City shall have no oversight over the Foundation program(s) or any fees associated with the transportation services or any program and service offered or provided by the Foundation.

3. OBLIGATIONS

3.1 Obligations of the Foundation. The Foundation shall, a. Be solely responsible for staffing, scheduling, and providing transportation services to its clients. The Foundation acknowledges its clients may be frail, physically challenged, and/or memory impaired and warrants and represents that employees, volunteers, or any staff providing transportation services are fully responsible for their client's well- being and are adequately trained, licensed, and prepared according to prevailing professional standards in caring for their clients and providing services. b. Be solely responsible for determining the Class driver's license required per California Department of Motor Vehicle (DMV) policy for the type vehicle the Foundation utilizes for transportation services. The Foundation is also responsible for ensuring their employee(s), volunteer(s) or any staff or person assigned to provide transportation services has a valid State of California driver's license in good standing and is fit to drive.

C. Be responsible for the maintenance and any mechanical needs of Foundation vehicle(s).
d. Be solely responsible for all clients, employees, volunteers, staff and other participants utilizing and conducting the transportation services. The Foundation warrants and represents they are solely responsible for the well-being of their clients and no client 2 shall not be left unattended at the Mary Philips Senior Center or Temecula Community Center facility or parking lot prior to pick-up or after return drop-off. e. Clearly indicate within all Foundation client release documents, advertising, flyers, social media communications, website information and all collateral materials and outreach programs that the City has no affiliation with the Foundation, is not responsible for clients, and has no oversight of any Foundation programs, costs and fees, or transportation and other services provided.

3.2 Obligations of the City. The City shall,
a. Provide to Foundation access to the Mary Philips Senior Center or Temecula Community Center parking lot for utilization as a connectivity destination to pick-up and drop-off Foundation clients participating in their transportation services program Monday through Friday, excluding any City and Foundation holidays or City special events. b. City will notify Foundation, in advance as knowingly possible, of inability to access parking lot on any day not already identified as a City holiday.

4. TERM
a. This MOU shall commence on June 14, 2022 and shall remain and continue in effect as a multi -year agreement until June 30, 2025. b. Renewal: The City and Foundation by mutual agreement may extend the term of this MOU by amendment.

C. Termination: Either party may terminate this MOU with or without cause by giving thirty (30) days prior written notice to the other party, after which neither party will have any further obligation under this MOU, except that the indemnification provisions set forth below in Section 6.

S. CONTACT INFORMATION AND NOTICES
a. The contact and notice information for the Foundation shall be:

Contact:

Foundation For Senior Care Staff
135 South Mission Road
Fallbrook, CA 92088
Foundation E-Mail: fscOfoundationforseniorcare.org
Foundation Phone Number: 760-723-7570
Notices:

Foundation For Senior Care
Attn: Patty Sargent
Executive Director
135 South Mission Road
Fallbrook, CA 92028
b. The contact and notice information for the City shall be:

Contact:

Mary Philips Senior Center
Yvette Martinez, Community Services Manager
41845 Sixth Street
Temecula, CA 92590
Mary Philips Senior Center
Notices:

City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590

6. INDEMNIFICATION
The Foundation 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 Foundation's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, or the acts or omissions of Foundation, its officers, employees, agents or contractors, 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.

7. INSURANCE REQUIREMENTS
Foundation 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 Foundation, 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 Foundation 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 Foundation has no employees while performing under this Agreement, worker's compensation insurance is not required, but Foundation shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Foundation shall maintain limits no less than:

1. General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply 0 separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.

3. Worker's Compensation as required by the State of California; Employer's Liability: One Million Dollars ($1,000,000) per accident for bodily injury or disease.

C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Foundation; products and completed operations of the Foundation; premises owned, occupied or used by the Foundation; or automobiles owned, leased, hired or borrowed by the Foundation. 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 Foundation'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 Foundation'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 Foundation'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 Foundation shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:Vll or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements.

f. Verification of Coverage. Foundation 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 Foundation'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. Foundation 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 Foundation shall at all times be under Foundation's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Foundation or any of Foundation's officers, employees, or agents except as set forth in this Agreement. Foundation 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.

Foundation 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 Foundation in connection with the performance of this Agreement. Except for the fees paid to Foundation as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Foundation for performing services hereunder for City. City shall not be liable for compensation or indemnification to Foundation for injury or sickness arising out of performing services hereunder.

9. ASSIGNMENT
The Foundation 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, Foundation'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 Foundation.

10. LICENSES
At all times during the term of this Agreement, Foundation shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

11. GOVERNING LAW
The City and Foundation 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.

12. LEGAL RESPONSIBILITIES
0 The Foundation 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 Foundation 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 Foundation to comply with this section.

13. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

14. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Foundation warrants and represents that he or she has the authority to execute this Agreement on behalf of the Foundation and has the authority to bind Foundation to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

FOUNDATION FOR SENIOR CARE
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

Patricia Sargent,
Executive Director
By: 2'� J:�4=
Roger, h ver, Foundation President
Senior Care Board of Directors
Peter M. Thorson, City Attorney FOUNDATION
Foundation for Senior Care
Attn: Patty Sargent,
Executive Director
135 South Mission Road
Fallbrook, CA 92028
Phone: 760-723-7570
E-Mail:[email protected]
PM Initials: �rq ,�,�
Date: i
8 EXHIBIT A

PARKING LOT MAP OF MARY PHILIPS SENIOR CENTER
The Foundation for Senior Care is authorized to pick-up and drop-off their clients at the Mary Philips Senior Center parking lot Monday through Friday, excluding any City and Foundation holidays or City special events within the designated area outlined in horizontal lines on the attached map attached hereto and incorporated herein as though set forth in full. Alternatively, the Temecula Community Center will be authorized as a destination point while the Mary Phillips Senior Center is closed for renovations.

Kit
Mary Phillips Senior Center
Temecula Community Center
9 EXHIBIT B

HOLIDAYS OBSERVED BY CITY AND FOUNDATION
The Mary Philips Senior Center and Temecula Community Center is open from 9:00 a.m. to 4:00 p.m. Monday -Friday excluding all City observed holidays. The Foundation center is open from 9:00 a.m. to 4:00 p.m. Monday -Friday excluding "major" holidays observed by the Foundation.

The City and Foundation schedules are per the attached listing attached hereto and incorporated herein as though set forth in full. Foundation acknowledges the Mary Philips Senior Center and Temecula Community Center facility, and parking lot schedule may change at any time for any reason and City observed holidays may also change at any time. There are also occasions the City closes the Mary Philips Senior Center for special events. It shall be the Foundation's responsibility to verify the availability and schedule of the Mary Philips Senior Center on those dates Foundation will utilize the City facility parking lot for connectivity destination. 10 Exhibit B

CITY OF TEMECULA OBSERVED HOLIDAYS
The City of Temecula observes the following holidays. If the holiday falls on a Saturday, the holiday is observed the Friday before the holiday date. If the holiday falls on a Sunday, the holiday is observed the Monday following the holiday date. '/z day — New Year's Eve Afternoon (Observed)
New Year's Day
Martin Luther King, Jr. Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
'/z day — Christmas Eve Afternoon (Observed)
Christmas Day
11 Exhibit B

FOUNDATION FOR SENIOR CARE OBSERVED HOLIDAYS
New Year's Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
12 Item No. 13

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Michael Heslin, Director of Information Technology and Support Services DATE: June 14, 2022
SUBJECT: Approve Enterprise License Agreement with ESRI for the ArcGIS Suite of Software
PREPARED BY: Damion Patrick, Assistant Director of ITSS RECOMMENDATION: That the City Council:

1. Approve an enterprise license agreement with ESRI for the ArcGIS Suite of Software in an amount not to exceed $71,324 per year; and

2. Authorize the City Manager to approve contract change orders of up to 10% of the annual amount, or $7,132 per year.

BACKGROUND: As part of the City's ongoing efforts to manage City assets, streamline the permitting process, and build efficiencies in inspections, work orders, event planning, and more, the City leverages the ESRI ArcGIS suite of software. This Geographic Information System (GIS) software is a digital mapping and analysis tool used by departments throughout the City. It is a foundational piece of our permit and asset management processes, allowing staff to quickly find the location and data related to a given property or City asset. In addition, it is used extensively to map and plan for projects in Public Works and special events in Community Services. It will also be relied upon heavily in the coming years, as part of the General Plan update in the Community Development department, and to support public safety in the Police and Fire Departments, and in the Emergency Operations Center.

The licensing for ESRI products is sole source, as no other vendor can provide them for the City.

The approval of this recommendation authorizes the City to enter into an agreement with ESRI to license their ArcGIS suite of software products.

FISCAL IMPACT: Adequate funds have been budgeted in the Annual Operating Budget. Subsequent years will be subject to budget approval.

ATTACHMENTS: ESRI Enterprise Agreement

Esri Use Only:

Cust. Name
Cust. #
PO # _
Esri Agreement #

SMALL ENTERPRISE AGREEMENT

COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
THE
OI er i O SCIENCE
WHERE
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").

This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.

Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Engine Geodatabase Update,
ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
250 ArcGIS Online Viewers
250 ArcGIS Online Creators
37,500 ArcGIS Online Service Credits
250 ArcGIS Enterprise Creators
5 ArcGIS Insights in ArcGIS Enterprise
5 ArcGIS Insights in ArcGIS Online
50 ArcGIS Tracker for ArcGIS Enterprise
50 ArcGIS Tracker for ArcGIS Online
4 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 4 ArcGIS Utility Network User Type Extensions (Enterprise) 4 ArcGIS Trace Network User Type Extensions (Enterprise)

OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested` 2 Five percent (5%) discount on all individual commercially available instructor -led training classes at Esri facilities purchased outside this Agreement
"Additional sets of backup media may be purchased for a fee

Page 1 of 6 ends

Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE

ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").

Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.

Accepted and Agreed:

City of Temecula
(Customer)
Bv:

Authorized Signature
Printed Name: �aI4 RArx
Title: MA2lo,'
Date:

ATTEST:

Ay:
andi Jo , Secretary
Environmental Systems Research Institute, Inc. ("Esri").

By: A - 'IA• Q ►� 4<)
Authorized Signature
Printed Name: Alejandra Merino
Title: Manager, International Contracts
Date: 31 Mav 2022
By:

Authorizald Siofisture
Printed Name: Tamisa Greening
Title: Managing Business Attorney
Date: 31 May 2022
Peter M. Thorson, CUSTOMER CONTACT INFORMATION
City Attorney'
Contact: Agran MiAk&W8 Telephone: q�
Address: 41000 Main St
City, State, Postal Code: Temecula, CA 92590
Country: United States of America
Quotation Number (if applicable): Quotation # Q-466280
FtNvwck.

Fax:
368• M-9
E-mail: tali ron• mail 4WS Tf_m t wlv-M q o

Page 2 of 6 ends

1 .0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at htips:// www.esri.comlen- usllegalltermslfull-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A —List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.

2.0—ADDITIONAL GRANT OF LICENSE

2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A —List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.

2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third -party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.

3.0—TERM, TERMINATION, AND EXPIRATION

3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.

No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.

Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.

Termination for Lack of Funds. For an
Agreement with government or government -

Page 3 of 6 ends

owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.

3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
than the defined Products will receive Maintenance.

Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support

1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.

2. The Tier 1 Help Desk will be fully trained in
the Products.

4.0—PRODUCT UPDATES

3. At a minimum, Tier 1 Support will include
those activities that assist the user in

4.1 Future Updates. Esri reserves the right to
resolving how-to and operational questions
update the list of Products in Table A —List of
as well as questions on installation and
Products by providing written notice to
troubleshooting procedures.

Customer. Customer may continue to use all
Products that have been Deployed, but support

4. The Tier 1 Help Desk will be the initial point
and upgrades for deleted items may not be
of contact for all questions and reporting of a
available. As new Products are incorporated into
Case. The Tier 1 Help Desk will obtain a full
the standard program, they will be offered to
description of each reported Case and the
Customer via written notice for incorporation into
system configuration from the user. This
the Products schedule at no additional charge.
may include obtaining any customizations,
Customer's use of new or updated Products
code samples, or data involved in the Case.
requires Customer to adhere to applicable
additional or revised terms and conditions in the

5. If the Tier 1 Help Desk cannot resolve the
Master Agreement.

Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The

4.2 Product Life Cycle. During the Term of
Tier 1 Help Desk will provide support in such
Agreement, some Products may be retired or
a way as to minimize repeat calls and make
may no longer be available to Deploy in the
solutions to problems available to
identified quantities. Maintenance will be subject
Customer's organization.
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,

6. Tier 1 Help Desk individuals are the only
which can be found at
individuals authorized to contact Tier 2
https://support.esri.comlen/other--
Support. Customer may change the Tier 1
resourceslproduct-life-cycle. Updates for
Help Desk individuals by written notice to
Products in the mature and retired phases may
Esri.
not be available. Customer may continue to use
Products already Deployed, but Customer will
b. Tier 2 Support
not be able to Deploy retired Products.

1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.

5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
httpsJ/ www.esri.coni/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other

2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.

3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to

Page 4 of 6 ends

supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.

4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.

5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).

6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.

7.0—ADMINISTRATIVE REQUIREMENTS

7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.

Customer will not decouple Esri products or
services from the OEM partners' application or
service.

7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.

8.0—ORDERING, ADMINISTRATIVE

PROCEDURES, DELIVERY, AND

DEPLOYMENT
Orders, Delivery, and Deployment
Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi -year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past -due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship -to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.

8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi -year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.

All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.

The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill -to and ship -to addresses
(2) Order number
(3) Applicable annual payment due

Page 5 of 6 ends

9.0—MERGERS, ACQUISITIONS, OR

DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.

9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.

9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.

9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.

Page 6 of 6 ends

THE
e s r i • SCIENCE
OF
WHERE'
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.

Quote is valid from: 312412022 To: 6/22/2022
Material Qty Term
168179 1 Yearl
Quotation # Q-466280
Date: March 24, 2022
Customer # 124948 Contract #
City of Temecula
IT/SS
41000 Main St
Temecula, CA 92590
ATTENTION: Damion Patrick
PHONE: 9516946420
EMAIL: [email protected]
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179
Year 2
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179
Year 3
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 173625
Unit Price Total
$63,000.00 $63,000.00
$63,000.00 $63,000.00
$63,000.00 $63,000.00
$4,840.00 $4,840.00
Site Scan for ArcGIS Operator License, 1 Year Subscription USA Hosted. This user type license is the foundation of Site Scan for ArcGIS. It provides drone operators the ability to create and fly drone missions using Site Scan Flight Planning, and to upload drone flight data into Site Scan Manager for processing into 2D and 3D outputs. In addition to the ability to fly a drone and upload images for processing, Site Scan Operators have the same privileges as a Site Scan Access License, including ability to download, edit, analyze, and share project data using the Site Scan Manager web interface. What's Included: Access to Site Scan for ArcGIS Flight Planning iOS App, Access to Site Scan for ArcGIS Manager Web App, Unlimited data processing and storage in private cloud, Unlimited View Only Licenses, Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 1
173632 1 $484.00 $484.00
Site Scan for ArcGIS Access License, 1 Year Subscription USA Hosted. This user type license is for drone data users that need full access to analyze, manage, and share data from their organization's Site Scan drone projects. An Access License is required to download, edit, analyze, and process project data using Site Scan Manager, to make persistent measurements or annotations, or to access Admin functionalities such as user or fleet management, if authorized. What's Included: Access to Site Scan for Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or Invoice program.

IFor questions contact: Email: Phone:
.Jacqueline Scott [email protected] (909) 793-2853 x1650 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at httfas:llassets.esri.comlcoiitentldamlesrisiteslrnediadegal/product-specific-terms•of-usele300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at https:llgo.esrl.comMAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at htt�s:lMNwd.esri.comlen-usllegalltermslstate supp..le..mental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchaseftense. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein.

THE
SCI
esri- WHERE -
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.

Quote is valid from: 3/24/2022 To: 6/22/2022
Quotation # Q-466280
Date: March 24, 2022
Customer # 124948 Contract #
City of Temecula
IT/SS
41000 Main St
Temecula, CA 92590
ATTENTION: Damion Patrick
PHONE: 9516946420
EMAIL: [email protected]
Material City Term Unit Price Total
ArcGIS Manager Web App, Access to Site Scan for ArcGIS Flight Planning iOS App to plan flights only (cannot operate drone), Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 1 178731 2 $1,500.00 $3,000.00
ArcGIS Urban Online Term License, Year 1
173625
$4,840.00 $4,840.00
Site Scan for ArcGIS Operator License, 1 Year Subscription USA Hosted. This user type license is the foundation of Site Scan for ArcGIS. It provides drone operators the ability to create and fly drone missions using Site Scan Flight Planning, and to upload drone flight data into Site Scan Manager for processing into 2D and 3D outputs. In addition to the ability to fly a drone and upload images for processing, Site Scan Operators have the same privileges as a Site Scan Access License, including ability to download, edit, analyze, and share project data using the Site Scan Manager web interface. What's Included: Access to Site Scan for ArcGIS Flight Planning iOS App, Access to Site Scan for ArcGIS Manager Web App, Unlimited data processing and storage in private cloud, Unlimited View Only Licenses, Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 2
173632 1 $484.00 $484.00
Site Scan for ArcGIS Access License, 1 Year Subscription USA Hosted. This user type license is for drone data users that need full access to analyze, manage, and share data from their organization's Site Scan drone projects. An Access License is required to download, edit, analyze, and process project data using Site Scan Manager, to make persistent measurements or annotations, or to access Admin functionalities such as user or fleet management, if authorized. What's Included: Access to Site Scan for ArcGIS Manager Web App, Access to Site Scan for ArcGIS Flight Planning iOS App to plan flights only (cannot operate drone), Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 2 178731 2 $1,500.00 $3,000.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

IFor questions contact: Email: Phone: I
Jacqueline Scott [email protected] (909) 793-2853 x1650 The items on this quotation are subject to and govemed by the terms of this quotation, the most current product specific scope of use document found at httpA[lassets.esri.comlcanrentldamlesrisiteslmediallegalloroduct-specific-terms-of-use/000,pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esrl's standard terms and conditions found at hltnsWgo.esri.comIMAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not he responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri s GSA Federal Supply Schedule. Supplemental terms and conditions found at https.lMww.esri.comlen-usflega[Aermslstate-supplemental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esn's offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchaselficense. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein.

Alait, THE
e s r I• I SCIENCE
OF
WHERE'
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.

Quote is valid from: 312412022 To: 612212022
Material Qty Term
ArcGIS Urban Online Term License, Year 2
173625
Quotation # Q-466280
Date: March 24, 2022
Customer # 124948 Contract #
City of Temecula
IT/SS
41000 Main St
Temecula, CA 92590
ATTENTION: Damion Patrick
PHONE: 9516946420
EMAIL: [email protected]
Unit Price Total
$4,840.00 $4,840.00
Site Scan for ArcGIS Operator License, 1 Year Subscription USA Hosted. This user type license is the foundation of Site Scan for ArcGIS. It provides drone operators the ability to create and fly drone missions using Site Scan Flight Planning, and to upload drone flight data into Site Scan Manager for processing into 2D and 3D outputs. In addition to the ability to fly a drone and upload images for processing, Site Scan Operators have the same privileges as a Site Scan Access License, including ability to download, edit, analyze, and share project data using the Site Scan Manager web interface. What's Included: Access to Site Scan for ArcGIS Flight Planning iOS App, Access to Site Scan for ArcGIS Manager Web App, Unlimited data processing and storage in private cloud, Unlimited View Only Licenses, Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 3
173632 1 $484.00 $484.00
Site Scan for ArcGIS Access License, 1 Year Subscription USA Hosted. This user type license is for drone data users that need full access to analyze, manage, and share data from their organization's Site Scan drone projects. An Access License is required to download, edit, analyze, and process project data using Site Scan Manager, to make persistent measurements or annotations, or to access Admin functionalities such as user or fleet management, if authorized. What's Included: Access to Site Scan for ArcGIS Manager Web App, Access to Site Scan for ArcGIS Flight Planning iOS App to plan flights only (cannot operate drone), Technical support (Email/phone support [7AM to 7PM PT: Monday thru Friday], E Learning online knowledge base. Year 3 178731 2
ArcGIS Urban Online Term License, Year 3
$1,500.00 $3,000.00
Esd may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

IFor questions contact: Email: Phone: I
Jacqueline Scott [email protected] (909) 793-2853 x1650 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at htLps:l/assets.esr].com/contenUdamiesrisites/mediafleaai/ m�rQduct-specific-terms-cf-usele3QO.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esfi's standard terms and conditions found at hilos:llgo.esn.comIMAPS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third -parry's terms and conditions. if Esri is unable to provide any such data set, Customer wilt not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 5 1. 1 may purchase under the terms of Esh's GSA Federal Supply Schedule. Supplemental terms and conditions found at htl .1Mww.esri �_oomlen-uslIegaIIterms/state-suppliamental apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. Acceptance of this quotation Is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to a to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchasellicense. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein.

liaik, THE
SCIENC
esri- I OF WHERE'
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: OAMS3
To expedite your order, please attach a copy of
this quotation to your purchase order.

Quote is valid from: 312412022 To: 6/22(2022
Quotation # Q-466280
Date: March 24, 2022
Customer # 124948 Contract #
City of Temecula
IT/SS
41000 Main St
Temecula, CA 92590
ATTENTION: Damion Patrick
PHONE: 9516946420
EMAIL: [email protected]
Subtotal: $213,972.00
Sales Tax: $0.00
Estimated Shipping and Handling (Surface Delivery): $0.00 Contract Price Adjust: $0.00
Total: $213,972.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.

IFor questions contact: Email: Phone: I
.Jacqueline Scott [email protected] (909) 793-2853 x1650 The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https.11assets _esr3_carolconsentldamlesrisiteslmcdiallec allproduct specific -terms o#-usele30Q.pdr, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri's standard terms and conditions found at "I s I/go.esri.comMWS apply to your purchase of that item. If any item is quoted with a multi -year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third -party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. IF Esri is unable to provide any such data set. Customer will not be responsible for any further payments for the data set. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule. Supplemental terms and conditions found at h€tps:lhvww.esri.comlei}_uMeg atiterms/state-supplem.entaI apply to some state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchasellicense. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin.

SCOTTJ This offer is limited to the terms and conditions incorporated and attached herein.

Item No. 14

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Michael Heslin, Director of Information Technology and Support Services DATE: June 14, 2022
SUBJECT: Approve Agreements with Western AN for the Purchase, Installation and Maintenance, of Audiovisual Equipment in Old Town and City Facilities PREPARED BY: Damion Patrick, Assistant Director of ITSS RECOMMENDATION: That the City Council:

1. Approve a purchase and installation agreement with Western AN for audiovisual equipment throughout Old Town and within City facilities for an amount not to exceed $368,964.05; and

2. Approve a maintenance work agreement with Western AN for the Old Town sound system for an amount not to exceed $100,000; and

3. Authorize the City Manager to approve contract change orders up to 10% of the contract amount, or $36,896.40.

BACKGROUND: As part of the ambiance of Old Town and to contribute to the "vibrant pedestrian -friendly, walkable downtown destination" envisioned in the Old Town Specific Plan, the City utilizes a sound system that plays background music throughout the Old Town district each day. In addition, the system is used to provide audio for events in Old Town such as our annual Holiday parade, 4th of July parade, Rod Run, and other events. This system was installed approximately 20 years ago and has aged beyond its useful life. At this point, replacement equipment is difficult, if not impossible to acquire, which has left the system with uneven coverage, and mismatched equipment. This project will replace the aging equipment and modernize the technology allowing staff to operate the system with greater efficiency and sound control.

On March 4, 2022, the City issued a competitive solicitation for the purchase and installation of replacement system via the City's online bidding platform, PlanetBids. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July 2012. There were only two bidders and one was a Local Vendor and given the 5% local preference, however, was not selected.

Western Audio Visual (WAV) was chosen as the preferred vendor and has previously contracted with the City for audiovisual services at the Library and Civic Center.

FISCAL IMPACT:

CIP budget.

Adequate funds have been budgeted in the Fiscal Year 2021-2022 ATTACHMENTS: Agreements

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PURCHASE AND INSTALLATION AGREEMENT BETWEEN

CITY OF TEMECULA AND WESTERN A/V

PURCHASE AND INSTALLATION OF AUDIOVISUAL EQUIPMENT
THIS AGREEMENT is made and effective as of June 14, 2022, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and WESTERN A/V, a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on June 14, 2022 and shall remain and continue in effect until tasks described herein are completed, but in no event later than July 31, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond July 31, 2024.

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 sell and install for the City Audiovisual Equipment as more particularly described in Exhibit A, Scope of Work, (hereafter "Equipment").

3. PURCHASE 1 INSTALLATION PRICE
The Purchase Price which City agrees to pay to Contractor for the Equipment is Three Hundred Sixty -Eight Thousand, Nine Hundred Sixty -Four Dollars and Five Cents. ($368,964.05). The Purchase Price is final and shall be paid by City to Contractor in accordance with Exhibit B, Payment Rates and Schedule.

The City Manager may approve additional work up to ten percent (10%) of the amount of the Agreement, but in no event shall the total sum of the Agreement exceed Four Hundred Five Thousand, Eight Hundred Sixty Dollars and Forty -Five Cents (405,860.45). Any additional work in excess of this amount shall be approved by the City Council.

4. SCOPE OF WORK
Contractor shall 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. 05/27/2022

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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.htmi

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 05/27/2022

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audiovisual equipment 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.

8. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all 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 December 31, 2022

11. PLACE OF DELIVERY
The Equipment shall be delivered to this location
City of Temecula
41000 Main St
Temecula CA, 92590

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. 05/27/2022

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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.

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, which are by this reference incorporated herein and made a part hereof: Exhibit A: Scope of Work, 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.

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 05/27/2022

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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 the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage.
3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.

Worker's Compensation insurance is required only if Consultant employs any employees.

Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000).

C. 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 05/27/2022

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afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Contractor shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
d. 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. e. 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.
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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
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
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To Consultant: Western A/V
Steve M. Hollingsworth
1592 Batavia St. Suite 2,
Orange, CA 92867

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. 05/27/2022

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By: _
Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney
WESTERN AUDIO VISUAL, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:

J c ellin, CFO
By: C4.illz "a -A
Catherine Schellin, President

CONTRACTOR
Western Audio Visual
Steve M. Hollingsworth
1592 Batavia St, Suite 2, Orange, CA 92867
(714)637-7272
(714)637-7330
[email protected]
City Purchasing Mgr.

I itj�ls and Date:
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EXHIBIT A

SCOPE OF WORK
Contractor shall purchase and install ALL items included in Exhibit B, Payment Rates and Schedule, as described in the Contractor's RFP response dated March 4, 2022 attached hereto and incorporated herein as though set forth in full. Contractor will provide training, warranty, and subscription services for ALL items therein.

The work to be performed is the purchase and installation of audiovisual equipment including, but not limited to speakers, amplifiers, control systems, monitors, and wiring throughout Old Town and within City facilities. The Contractor shall remove existing audiovisual equipment, install new equipment and cabling, program control systems, configure and program digital signal processing systems, test and recalibrate the installed systems, and perform maintenance and support of the updated systems.
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EXHIBIT B

PAYMENT RATES AND SCHEDULE
The Purchase Price which City agrees to pay to Contractor for the Equipment is Three Hundred Sixty -Eight Thousand, Nine Hundred Sixty -Four Dollars and Five Cents. ($368,964.05). The Purchase Price is final and inclusive of all charges. The City will pay Contractor a thirty percent (30%) deposit of One Hundred Ten Thousand, Six Hundred Eighty -Nine Dollars and Twenty - Two Cents ($110,689.22) upon contract execution. The balance of Two Hundred Fifty -Eight Thousand, Two Hundred Seventy -Four Dollars and Eighty -Three Cents ($258,274.83) will be paid upon the City's acceptance of the completed project. All project costs are detailed in the quote attached.
11 05/27/2022

rwestem
kil".11
Client City ofTim—W&
Project Name RFP #IT 21-04 Old T— Sound
Representative Steve Hollingsworth
System-Sp,aker Option B
Contact JMe Fox
Mobile B58,442.9623
Address 41000 Main Street
O Nnce 760. 38 1200
City, State, Zip Temecula, CA 92590
Email St—H(Swavl.com
Phone 95130BS300
Date 5/312022
Mobile
Email layme.fox@temecula gov
Audio Visual I nvestatgl Summa
Aoem 1mAttrr
C[}
Eydlprrrenl
Shlppin0
9111111L Tas
4N� L.&M M-1—nrce 804'd Cect Per Huoh- TOTAL
9a Pr.1—t total f SBS,064-05
.

ALTERNATE 01irTION15{AN0r
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EXTENDED WARRIW-fY;.NAPPTEKANCE
RENEWAL SCli 001.E
Year 2
PROJECT TOTAL: S36BA64.05
9 Tvr
Monthly Progress Billing I Schedule of Values
Client Authorized Signature
TNN quote rs valid for 30 tlays The sales tax is subject to change —in the even! of a en increase the client agrees to pay the currant sales lax .Is Thrs proposel,s not to be ropied. reproduced or lonverd to any Ihvtl party as its contents ere the prvwr•*yaf Wr::re•.� Audio Visual
Billing Inquiries
Westem Audio Visual 1 1592 North Batavia Street, Suite 2, Orange, CA 92867 1 P 714 637 7272

43 calm

City of Temecula
= RFP #IT 21-04 Old Town Sound System -Speaker Option B Representative Steve Hollingsworth
It■■■�rr Mobile 858 442 9623
{ldje ■,ssa1 Office 7604361200
CId Tvwn Sgulld stem Email SteveH@wavt coin
Typical of 1 -Pmpvsal Includes 1 Revision 513112022
1 2 050 G¢RE f1{i( Unified Core with 2419cal evd� In7 channels 129r120 Will network 1/0 dhgril with 5 2474 OB 5 4,94000 BxB Software -based Dante license included USB AV bridging, dual LAN parts POTS and VoIP telephony, 16,16 GPIO 16 next -generation AEC processors 1RU 2 2 OSC SLMST-110-P O-SYS Core 110 license for Microsoft Teams Room software features enables both O- S 40500 S 510.00 SYS Scripting and UCI Deployment Perpetual
9 6 DEC CX-O 4K4 4-Channel 1000W/CH O-SYS Network Amplifier Lo-Z 70V, 100V direct drive, S 2306,00 S 13,133600 FlexAmpTv, Mic/line Inputs 100-240V.
4 244 One Systems 106 HTH 6 S' two-way, high performance speaker with corrosion resistant marine grade S 264.00 S 64,41600 hardware Superior direct weather protection 100 watts continuous 400 watts peak (109 dB/115 dB} B ohm or 70/100-volt operation - taps @ 50, 25 and 12 5 watts 110x70 HF coverage, IP56 rated. 316 stainless steel U-Bracket included (BLACK OR WHITE) 5 234 One Systems PT10,M 316 grade (marine) stainless steel pan/tilt bracket for use with 104.HTH, 106HTH S 53.00 S 12,40200 104 STH and 106 STH Available in Black or White
All Network Switches, Fiberinferoonnecf and VLAN Configuration Provided by the OWNER FURNISHED City of Temecula
T B QBc TSC-70-G3 n-SYS T ?PE Touch Saiii =4122. for t--Wall fAilLaT0 g. i 1,106,00 $ a_636 00 Color- Black only
1 DEC TSC-101-G3 O-SYS 10 1' PoE Touch Screen Controller for In -Wall Mounting. i 1 843.00 S. 1,B43 00 Color- Black only
Apple IPad Pro Space Gray 128GB WFFi Only
1 09900 S 1 099.00
} r Panel—li Cusltlm mar ma flit Rj„c Moamcd Tad: 5300 S 3TUlD 2 = Pan-l-rafters Custom 1 RIU Input Panels for Auxialry Audio Connections S 43 30 S 301 00 Cable & Connectors S
2 528 00
Installation
Hardware & Accessories S
1 26400
Equipment Rack Hardware ii,; +ig Bars, Blanks, Vents etc I S 63200
Engineering & Drafting S
6500.00
Control Programming S
-
Project Management S

1.467.00
Staging & Assembly S
734.00
Installation&Testing S
44,230.00
Training, Closing, & Commissioning 5
10 084.00
Travel S
Sub -Contract S
Integration
G&A S
Labor Sub -Total S
500
63,901.00
Extended Service Plan
S: 5
2629900
Total Equipment
S
111 086,00
Total Labor
S
63 901.00
Equipment and Labor Subtotal
S
174,9137.00
Total Shipping
$
2 30200
Additional Shipping for Overnight or Large Items
3 -
Subtotal
-
177289.00
Sales Tax
B75% S
9921.45
Electronic Waste Fee 4" - 14" ($4. 00)
OTY B .3
3290
Electronic Waste Fee 15' - 34" (S5 00)
OTY 0 S
Electronic Waste Fee 35' and Greater (SS 00)
OTY 0 S
_
Electronic Waste Fee Total
3 3200
Total Service Agreement
S
2249R 0
Bond ( a rsquirsd y
93 �Ct,estern
k...-UndieVismal
2 12 OSC CX-04K8
3 34 One Systems 106.HTH
4 34 One Systems PT10 M
City of Temecula
RFP #IT 21-04 Old Town Sound System -Speaker Option B
tfChanne17onln Add
ical of 1 - Proposal Includes 1
=--li.iii ��l 1..1:.,._-! =-= 5'clvnir• Amplifier Lo-Z 70V. 10r7V V,12 dOva FlexAmpTM Mic/line Inputs 100-240V
&Channel 500W/CH O-SYS Network Ampler Lo-Z, 70V 100V direct drive, FlexAmp— With MicAine Inputs 100-240V.
6 5" two-way, high performance speaker With corrosion resistant, marine grade S hardware Superior direct weather protection 100 watts continuous 400 vratts peak (109 dB/115 dB) B ohm or 70/100-volt operation - taps @ 50. 25 and 12 5 watts, 110x70 HF coverage IP56 rated, 316 stainless steel U-Bracket included. (BLACK OR WHITE) 316 grade (marine) stainless steel pan/Iill bracket for use with 104 HTH, 106.HTH, 5 Representative Steve Hollingsworth
Mobile 858 442 9623
Office 760 438 1200
Email SteveH@Wav1 corn
Revision 5/31/2022
2,30600 S f-3 9f.J11',
3,18500 6 38,220.00
264 00 a B 976.00
5300 5 1,80200
24 Llbeliy Wire 1F'.4-1313-QLK Black Direct Bu nal Speikxr Cable 16 A'JVG 2 ondoGor -':able_ 100' Rcrl _ ' r1 3 n'In 00 Cable & Connectors $
Installation Hardware & Accessories $
equipment Rack Hardware r'Ja _ �g PIars BE-ks. Vents etc I $ -
495 00
-
Engineering & Drafting 5
-
Control Programming S
-
Project Management $
1 467.00
Staging & Assembly $
-
Installation & Testing $
110 000 00
Training, Closing,
& Commissioning S
-
Travel $
Sub -Contract S
-
G & A 5
445 oo
Js
Extended Seance Plan
3 -
-
Total Equipment
$
4218500
Total Labor
5 111 91200
Equipment and Labor Subtotal
s
154 097 00
Total Shipping
$
131ROO
Additional Shipping for Overnight or Large hems
$
-
Subtotal
$
155416.00
Sales Tax
875% 5
380460
Electronic Waste Fee 4" - 14" i$4 00)
OTY 0 $
Electronic Waste Fee 15" - 34' ($5.00)
OTY 0 S
-
Electromc Waste Fee 35" and Greater ($6.00)
OTY 0 S
-
Electronic Waste Fee Total
s
-
Total Service Agreement
5 Bond [If +ecluKed)
S

OLD TOWN SOUND SYSTEM MAINTENANCE WORK AGREEMENT

BETWEEN CITY OF TEMECULA AND WESTERN A/V
THIS AGREEMENT is made and entered into as of June 14, 2022, by and between the City of Temecula ("City"), and WESTERN A/V, a Corporation, ("Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. RECITALS. This Agreement is made for the following purposes and with respect to the following facts, which the parties agree to be true and correct.

A. On June 14, 2022 the City and WESTERN A/V entered into that certain agreement entitled "PURCHASE AND INSTALLATION OF AUDIOVISUAL EQUIPMENT." ("Purchase and Installation Agreement") for the purchase and installation of Audiovisual Equipment.

B. Under the terms of the Purchase and Installation Agreement, the installation of the Equipment is scheduled to be completed by July 31, 2023. City will accept the Equipment upon completion and testing of all items described in the Scope of Work within the Purchase and Installation Agreement ("System Acceptance Date").

2. TERM. This Agreement shall become effective on the System Acceptance Date and shall remain and continue in effect until five (5) years thereafter unless sooner terminated or extended pursuant to the provisions of this Agreement. City shall have the option to extend the term of this Agreement for two (2) additional two (2) year terms at the City's sole and absolute discretion for a maximum total term of nine (9) years from System Acceptance Date by amendment of this Agreement.

3. SCOPE OF MAINTENANCE WORK. Contractor shall maintain the Audiovisual Equipment as described in the Scope of Maintenance Work, attached hereto and incorporated herein as Exhibit A. ("Maintenance Work") and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Maintenance Work. The Maintenance Work shall be completed within the times as set forth in the Scope of Maintenance Work. Contractor shall not commence the Maintenance Work until the System Acceptance Date. This Agreement is not exclusive and the City retains the right to hire other contractors to perform similar Maintenance Work.

4. COST OF MAINTENANCE WORK. Contractor shall be paid for the Maintenance Work pursuant to the Schedule of Payments attached hereto and incorporated herein as Exhibit B. The payment for Maintenance Work performed under this Agreement shall not exceed a maximum of One Hundred Thousand dollars ($100,000.00) for the total term of the agreement, payable in accordance with the Schedule of Payments. Any terms other than a description of the Maintenance Work to be performed, costs of the Maintenance Work, or the payment schedule contained in Exhibits A or B is null and void and not a part of this Agreement.

5. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform the Maintenance Work 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 -1-
11086-0001 \2.109806v l .doc

meeting its obligations under this Agreement and best management practices for the Maintenance Work to be performed.

6. CITY APPROVAL. All labor, materials, tools, equipment, and services shall be furnished, and Maintenance Work performed and completed subject to the approval of the Director of Information Technology or his or her authorized representatives, and the quality of the Maintenance Work shall be guaranteed for one year from date of acceptance.

7. PREVAILING WAGES.

A. 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 Maintenance Work in this locality for each craft, classification, or type of Maintenance Workman needed to execute this Contractor from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http11 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, Maintenance Worker, or mechanic employed, paid less than the stipulated prevailing rates for any Maintenance Work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, Maintenance 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.

B. Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding and entering into this Agreement 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 Maintenance Work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR prior to City Council approval of this Agreement. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir-ca-gov/Public-Works/PublicWorks.html .

8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE.

A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all Maintenance Work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.

B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the Maintenance Work performed up to the time of termination, provided that the Maintenance Work performed is of value to the City. Upon -2-
11086-0001\2109806vI doc

termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4.

9. DEFAULT OF CONTRACTOR.

A. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any Maintenance 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 Maintenance 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 that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

10. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, or liability of any kind or nature which the City, 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 in performing or failing to perform under the terms of this Agreement, excepting only liability arising out of the sole negligence of the City.

11. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Maintenance Work hereunder by the Contractor, its agents, representatives, or employees.

A. Minimum Scone of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto).
3) Maintenance Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance.

B. Minimum Limits of Insurance. Contractor shall maintain limits no less than.
-3-
1 1086-0001 \2109806v 1 doc

1) General Liability: two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
3) 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 $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.

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, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its 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, its officers, officials, employees and volunteers. Any insurance or self -insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the 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, its 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 clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
-4-
11086-0001\2109806vl doc

E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII, unless otherwise acceptable to the City.

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 Maintenance Work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

G. Contractor, by executing this Agreement, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Maintenance Workman's Compensation or undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Maintenance Work of this Contract."

12. TIME OF THE ESSENCE. Time is of the essence in this Agreement. 13 INDEPENDENT CONTRACTOR.

A. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.

Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

14. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

15. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the Maintenance Work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this -5-
11086-0001 \2109806v I. doc

Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

16. BOOKS AND RECORDS. Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.

17. UTILITY LOCATION City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.

18. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.

19. INSPECTION. The Maintenance 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 plans 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 Maintenance Work. The Maintenance 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 Maintenance Work.

20. 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.

21. WRITTEN NOTICE. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice:

To City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: City Manager
To Contractor: Western A/V
Steve M. Hollingsworth
1592 Batavia St. Suite 2,
Orange, CA 92867

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.
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11086-0001\2109806v1.doc

23. 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.

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 court with jurisdiction over the City of Temecula.

25. PROHIBITED INTERESTS. No officer or employee of the City of Temecula who participates in the development or approval of this Agreement or who administers it 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 or 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 subcontractors for this Maintenance Work. 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.

26. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the maintenance 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. The parties agree that the terms of the terms of the Purchase and Installation Agreement are separate and independent of the terms of this Agreement even though the parties may be the same. Nothing in this Agreement is intended to nor shall anything herein be construed, as limiting in any way the warranties, representations or on -going obligations of the parties to the Purchase and Installation Agreement. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

27. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. 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) modifications of time requirements; (d) non -monetary changes in scope of work; (e) modification of insurance requirements; or (f) agreement termination.
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11086-000 1 \2109806v I -doc

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA Western Audio Visual
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: By; ZW
Matt Rahn, Mayor .i c ellin, CFO
ATTEST:

By: By:

Randi Johl, City Clerk Catherine Schellin, President
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney CONTRACTOR
Western Audio Visual
Steve M. Hollinasworth
1592 Batavia St, Suite 2, Orange, CA 92867
714 637-7272
(714)637-7330
steveh(&-wav1.com
City Purchasing Mgr.

In! Is ate:
-8-
I1086-0001\2109806vIdoc

EXHIBIT A

SCOPE OF MAINTENANCE WORK
Attached Western Audio Visual Service Plus Quote
-9-
11086-0001\2109806v1.doc

SERVICE PLUS PLAN
PROACTIVE PREVENTATIVE kMTENANCE
"' +'
I;? TO FOUR i,4',VIS,73?ER YEAR
VISITS
9IRILBTELEPHONE RESPONSETIMES
__ — , —
RESPONSE ViTFIhFCJP -'l HC,JRS
P;NIPfE 4RW OF SIA1i' 0iWEP

TELEPHONE TECHNICAL SUPPORT
OF WAk
-- — — — —

INCLUDED
ARE?OWD OW&U'P

ON -SITE TECHNICAL SUPPORT RESPONSES
1Y44NT9#ACFw}
24 BUSINESS HOOPS

ON -SITE TECHNICAL SUPPORT RESPOWS
mlp4v p-EIr co13FWINTFlA✓ME-1
51ZC CC F�_PTECh,HOUR. C-HC^JR MININ'll,M
-- — — — — —
S1J30 CCAFTER I CURSS MD ODSAT 3 SUPi

COMPLETE EOUIPMENTREPAIR AND'OOR

REPLACEMENT

INCLUDED

GROUND SHIPMENT
-_
INr_.UJGEC
RKDITED SHIPME14" MANUFACTURER
ACTtLAL C«ST

SOFTWARE
URATESiUKRADESul± IONALUSER
_ , , ! —

INCLUDED
SYSTEMTffitiING
-- — — — _ —
INGLL'Ca-D, aWL 5=5.&+;DNS

PRIORRITYSERVICE STATUS

MANUFACTURER REPAIR WE

MANAIEMENT

INCLUDED
SYSTEW OPMA T DR. LABOR FOR
PER TECF:!HOUR
Str.Du

PROF CTOR

INCLUDED

LAMPREPLACEMENT
DIWaiNTED PURCHASE ON PROJECTOR
LAMPS
-- — — — — —'
15%Dwount
-11-
1 1086-0001 \2109806v ].doe

EXHIBIT B

SCHEDULE OF PAYMENT

WESTERN AUDIO VISUAL
Service Plus
Owner & Contract Holder:

City of Temecula
41000 Main Street
Temecula, CA 92590
Eq ulnment bxatia_n:

Old Trnwn Temecula
On -Site Contact:

Billing Address:
41000 Main Sheet
Torec& CA92590
Contract Term:
1"Year ExLrKjed'Rardnty $4,499 00
2'd Year Bdart *Wanly $4.499A
3d Yea Faded 11Vw my $4A99,80
0 Yay Ended W Wanly_ $4,499.80
`f' Year Btnded ftuity $4,499.80
-10-
11086-0001\2109806vI doc

Item No. 15

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: June 14, 2022
SUBJECT: Approve First Amendment to the Agreement with Blanca A. Yanes DBA De Gange Consulting for Landscape Plan Check and Inspection Services PREPARED BY: Brandon Rabidou, Senior Management Analyst RECOMMENDATION: That the City Council approve a first amendment to the agreement with Blanca A. Yanes DBA De Gange Consulting to perform landscape plan check and inspection services for Fiscal Year 2021-25, in the amount of $100,000, for a total agreement amount of $700,000.

BACKGROUND: The Community Development's Planning Division utilizes the services of a landscape architectural firm to provide plan check and inspection services. The Planning Division requires the services of a licensed Landscape Architect for their expertise in utilization of appropriate plant types to be used in our climatic region, calculation of project site landscape water budget, and irrigation system design. The licensed Landscape Architect also performs professional inspections of irrigation line installation, pressure testing of the irrigation system, irrigation head coverage and plant installation. The fees are a pass -through, as they are paid by the applicant. The request to amend the fiscal year agreement is due to the increase in landscape plan reviews and inspection services during the last few months of the fiscal year.

FISCAL IMPACT: There is no fiscal impact to the City. Landscape plan check fees are paid by the applicant.

ATTACHMENTS: 1. Original Agreement

2. First Amendment

AGREEMENT FOR CONSULTANT SERVICES BETWEEN
CITY OF TEMECULA AND BLANCA A YANES DBA: ❑E GANGE CONSULTING

LANDSCAPE PLAN CHECK AND INSPECTION SERVICES
THIS AGREEMENT is made and effective as of August 24, 2021, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Blanca A Yanes DBA De Gange Consulting a Sole Proprietor (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on August 24, 2021 and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.

2. SERVICES
Consultant shall perform the services and tasks described and set forth in Exhibit A. attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.

3. PERFORMANCE
Consultant shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Consultant shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.

4. PAYMENT
a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00), annually for a total not to exceed Agreement amount of Six Hundred Thousand Dollars and Zero Cents ($600,000.00) 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 Consuitant for the performance of said services.

C. Consultant will submit invoices monthly for actual services performed.

of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Director of Finance.

5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

6. DEFAULT OF CONSULTANT
a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

7. OWNERSHIP OF DOCUMENTS
a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records. shall permit City to make transcripts there from as necessary. and shall allow inspection of all work, data, documents. proceedings and activities 12131/2020

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, andlor 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
a. 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.
b. Minimum Scone 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 Employee'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.

C. Limits of Insurance. Consultant shall maintain limits no less than:
12/31/2020

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 insurance is required only if Consultant employs any employees. Consultant warrants and represents to the City of Temecula, Temecula Community Services District, and,'or the Successor Agency to the Temecula Redevelopment Agency that it has no employees and that it will obtain the required Workers Compensation Insurance upon the hiring of any employees.
4) Professional Liability Coverage: One Million Dollars ($1,000,000) per claim and in aggregate.
d. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). e. 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.
12131l2020

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.
f. 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. g. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

10. INDEPENDENT CONTRACTOR
a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.

Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.

11. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of all local. State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

12. RELEASE OF INFORMATION
a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project WORD W01

or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

13. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mait as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Consultant: Blanca A Yanes
DBA ❑e Gange Consulting
PO Box 1494
Temecula, CA 92593

14. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
1 41444►P-11*I
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.

16. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in 12131 /2020

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Maryann dwar s, Mayor
ATTEST:
ey:

Rand! Johl, City Clerk
APPROVED AS TO FORM:

BLANCA A PANES
❑BA: DE GANGE CONSULTING
By:

Blanca A Y es, Owner
By:
el
By:
eter M. Thorson, City Attorney CONSULTANT
Blanca A Yanes
DBA De Gange Consulting
P❑ Box 1494
Temecula CA 92593
(951 ) 837-3432
[email protected]
City Purchasing M r.

Initials and ❑ate:

MSV 08-05-2021
12J3112020

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 parry, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.

17. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

18. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

19. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 17J31 /2D26

�W.4:11:1kr,►
Tasks to be Performed
All tasks to be performed are per the proposal provided by the Consultant attached hereto and incorporated herein as though set forth in full. 12/31/2020

1*:1:I1. -d
Payment Rates and Schedule
Cost for services shall be as per Consultants proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $600, 000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.
10 r D3112020

SCOPE OF WORK
There are two stages of plan checks that are anticipated. The first series of plan checks will occur at the Development Review Committee (DRC) stage. The second series of plan checks will occur when the applicant submits construction drawings for the landscaping based on conceptual plan approval and conditions of approval Formulated by staff and the Planning Commission or City Council. Landscape irrigation and planting inspections will be performed an site once the landscape is completed to verify that the installation is per the approved plans - Development Review Committee Review - Plans submitted by the applicant at this stage are conceptual

1. The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday). Two sets of landscape plans along with one copy of the conceptual grading plan, architectural site plan and architectural elevations wi§ be made available to the Consultant to assure that landscaping is compatible with the architecture and appropriate for the proposed grading -
The Consultant may be required to meet with the project planner to discuss the project or visit the site prior to beginning the review. This option will be left up to the individual planner.

2. The Consultant will review the plans to verify consistency with the City Development Code, Specific Plans, other Ordinances and the Citywide Design Guidelines. A site visit may be necessary to become familiar with the site and surrounding area. One set of plans will be redlined with comments notifying the applicant of necessary revisions to bring the plans into conformance with City requirements. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional rearms will also be marked for explanations from the applicant. Plans will be crosschecked against the architectural and grading plans.

3. The Consultant will return one set of redlined plans along with plan check comments to the project planner within 14 days of receipt of the first submittal and seven days for the second and third submittal, On Fast -track projects, Consultant will complete conceptual reviews within four calendar clays. Plan check comments will also be sent to the project planner via e-mail in a word document for use by the City. One set of plans will to kept on fife at the Consultant's affice so that if questions arise from either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers.

4. Once the applicant has resubmitted revisions, the Consultant will pick up two sets of plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be

redlined again and returned to the applicant for revisions. One set of plans will be kept on file at the Consuftant's office. Conceptual Landscape Plans that have been substantially changed from the original submittal will be subject to an additional fee.

5. Approved set of conceptual plans and conditions of approval will be provided to the ConsuLant and shall be kept on file at the Consuftant's office.

Construction Documents Review
The Consultant will pick up plans at the City two times per week (preferably on Monday and Thursday)_ Construction plan submittals will consist of two sets of landscape construction plans that the Consultant will review to verify consistency with the City Development Code, Specific Plans, other Ordinances, Citywide Design Guidelines, the approved conceptual landscape plan and conditions of approval. One set of landscape construction plans will be redlined with comments notifying the applicant of necessary revisions to be made to bring the plans into conformance with City requirements and the approved landscape plan. Items not addressed in the City Development Code or applicable Ordinances but that are outside of professional norms will also be marked for explanations from the applicant. Plans will be crosschecked against the final precise grading plans.

2. The Consultant will return one set of redlined plans along with plan check comments to the project planner. Plan check comments will also be sent to the project planner via e- mail in a word document. Comments/redlines shall be returned to the project planner within two weeks after notification of plan pick up. Comments shall also be broken down into two groups. The first group of comments addresses landscape issues related directly to the landscape architect. The second group of comments addresses landscape issues as they relate to site planning or grading issues. Comments shall be in both digital (by E-mail) and hard copy format. One set of plans will be kept on file at the Consultant's office so that if questions arise From either the project planner or the applicant, the Consultant with full knowledge of the project can provide answers.

3. Once the applicant has resubmitted revisions, the Consultant will pick up two sets of plans at the City and re -check them for conformance. Should all revisions have been made and all questions answered, the plans will be returned to the project planner with a letter recommending approval. If all revisions are not made, one set of plans will be redlined again and returned to the applicant a second time for revisions. Once set of plans will be kept on file at the Consultant's office. This process will continue until the plans are brought into conformance with City standards, professional norms, and approved landscape plans. Plan checks beyond the third check will be subject to an additional fee.

4. The Consultant will review the cost estimate provided by the applicant and notify the project planner whether the estimate is appropriate for bonding requirements.

Landscape Inspection
A minimum of two landscape inspections will be performed for each project prior to occupancy or use of the site. The first landscape inspection will include a pressure test of the main line and an irrigation coverage test. The second landscape inspection will be performed once the landscaping installation is complete to assure conformance with the approved plans. A third

landscape inspection may be required prior to release of a 1-year maintenance bond. A written report will be provided to the project planner after each inspection indicating the status. If desired by the project planner, the Consultant will send a copy of the report to the applicant/contractor so that they will know which items need correction or completion. Each landscape inspection will be billed at the agreed upon rate.

Inspections will be completed in no more than three (3) working days after notification.

Landscape Architectural Resources
The Consultant shall be available to act as a resource for City staff responding to general questions or questions regarding specific projects. Should staff require other tasks to be performed, the Consultant shall provide services based on a mutually agreed upon flat fee.

Attendance at Meetings
The Principal Landscape Architect shall be available to attend Development Review Committee, Planning Commission, City Council, Old Town Local Review Board, or additional projects meetings as requested by City of Temecula Planning Staff based on an agreed upon fee.

1. Conceptual Plan Review
Project Acreage
0 - 5 acres
>5 - 10 acres
> 10 - 20 acres
>20 - 50 acres
>50 acres
Fee
$360
$Silo
$780
$960
$960 plus $20 per acre over 50 acres
Multiple reviews will be covered under she initial conceptual review Cost, unless substantial changes to the conceptual landscape plan have been made by the applicant that are not as a result of the corn rmnts from the Consultant. Additional conceptual reviews 1o► plans that have been substanbally altered will be billed at a new and separate flat fee of $ f 00.00 per sheet.

Plan checks beyond the third check shall be billed at a flat rate of $100.00 per sheet

2. Construction Plan Review
The folkyMng fees are based on reviewing a maximum of three submittals from the applicant.

Should additional reviews be necessary, they will be charged at the rate of SS100.00 per sheet.

Square Footaae of
Landscaping
0 - 5,625
5,625 - 22,500
22,501 - 30,375
30376 - 37,125

37.126 - 45.,000

45.001 - 56,250

56.251 _ 67,500
57,501 - 73,750
78,751 - 90,000
90,000 $S up
Flat Plan Check Fee
$720
$1,340
$1,650
$1.940
$2,270
$2,590
$2,920
$3,240
$3,560
$3,560 + .0075 for each s.f. above 9O.001 s.f,
Plan checks beyond the third check $100isheet

3. Specific Plan Review Fee $500

4. Inspection Fees
Single Family Detached $200 per unit (Includes bond release inspection) (Models and Typicals)
All Other Landscape Plans (bond release inspection not included) (i.e. Multi-Family/Slopes/HOA/Commercial, etc,)
■ First Inspection - Irrigation Inspection
■ Second Inspection - Landscape and Irrigation Coverage Inspection Square Footage of Landscaping
Up to 5,000
5,001 to 10,000
10,001 to 20,000
20,001 to 30,000
30,001 to 40,000
40,001 to 50,000
Over 50,000
Inspection -Fee
$1,250
$1,500
$1,750
$2,000
$2,250
$2,500
$2,500 + $250 for each additional 10,000 sf
Additional inspection fees of $250 may occur if:

1. After the third inspection of the same area and type i.e. 3 irrigation inspections of the same area.

2. Phasing of projects into areas less than 10,000 square feet.

5. Bond Release Inspection
$250
A landscape maintenance bond is required on projects to ensure continued maintenance of landscaping for a minimum of one year. At that time, an inspection is requested in order for the bond to be released.

6. Landscape Architectural Resource
Attendance at Development Review Committee and Planning Commission meetings will be performed at the flat fee of $300.00lmeeting. Should staff require additional landscape review services to be performed, not included within this scope of work; services will be charged at an hourly rate of $110.00.

FIRST AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND BLANCA A YANES DBA: DE GANGE CONSULTING

LANDSCAPE PLAN REVIEW AND INSPECTION SERVICES
THIS FIRST AMENDMENT is made and entered into as of June 14, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Blanca A Yanes DBA De Gange Consulting, a Sole Proprietor, (hereinafter referred to as "Consultant").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On August 24, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for Landscape Plan Review and Inspection Services," in the amount of $600,000.00.
b. The parties now desire to increase the payment in the amount of $100,000.00, and to amend the Agreement as set forth in this Amendment.

2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows:

The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed One Hundred Thousand Dollars and No Cents ($100,000.00), for additional Landscape Plan Review and Inspection Services for a total Agreement amount of Seven Hundred Thousand Dollars and No Cents ($700,000.00).

3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 08/09/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Randi Johl, City Cleric
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney

BLANCA A YANES

DBA DE GANGS CONSULTING
(rwo Signatures of corporate oincers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
Blanca TYanes, Owner
By:

CONSULTANT
Blanca A Yanes
DBA De Gange Consulting
PO Box 1494
Temecula, CA 92593
951-837-3432
blanca rice mali.com
City Purchasing Mgr.

Initials and Date:
2 08109/2021

Item No. 16

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022
SUBJECT: Award Construction Contract to LC Paving & Sealing, Inc. for the Sidewalks — DLR Drive Project, PW19-18
PREPARED BY: Avlin R. Odviar, Senior Civil Engineer
Shawna Bennetts, Associate Civil Engineer
RECOMMENDATION: That the City Council:

Award a construction contract to LC Paving & Sealing, Inc. in the amount of $183,037.47 for the Sidewalks — DLR Drive Project, PW19-18; and

2. Authorize the City Manager to approve construction contract change orders up to 10% of the contract amount, $18,303.75; and

3. Make a finding that the Sidewalks — DLR Drive Project, PW19-18, is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.

BACKGROUND: On March 22, 2022, City Council approved the plans and specifications, and authorized the Department of Public Works to solicit construction bids for the Sidewalks — DLR Drive Project, PW19-18.

The Sidewalks — DLR Drive Project includes the construction of sidewalks on the north side of northerly leg and the west side of DLR Drive. The work also includes ADA-compliant driveways, landscaping removal and replacement, utility adjustments, and minor drainage facilities.

The construction contract was publicly advertised for bids between April 15, 2022, and May 17, 2022. On Tuesday, May 17, 2022, eight bids were electronically opened and publicly posted on PlanetBids. The results are as follows:

Contractor
Bid Amount
1 LC Paving & Sealing, Inc.
$183,037.47
2 Cotter Construction, Inc.
$188,000.00
3 CT&T Concrete Paving Inc.
$206,819.00

4 Gentry General Engineering, Inc.
$267,399.00
Aster Construction Services, Inc.

Non -Responsive
CMB Structures, Inc.

Non -Responsive
MEP Construction Services
Non -Responsive
Ruiz Concrete and Paving, Inc
Non -Responsive
Bids received from four contractors were be found to be non -responsive. The City did not receive signed Bid Bonds from Aster Construction Services, CMB Structures, and MEP Construction Services. The City did not receive the Bidder's Agreement from Ruiz Concrete and Paving.

Staff has reviewed and analyzed the bid proposals and found LC Paving & Sealing, Inc. of Escondido, California, to be the lowest responsive and responsible bidder for this project. LC Paving & Sealing Inc. has public contracting experience and has completed similar projects for other public agencies.

The Engineer's Estimate for the construction contract was $180,000. The specifications allow for 30 working days, which is approximately 1.5 months, to complete the work 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) MSHCP Mitigation Fee Implementation Manual adopted by Resolution 2020-013 on December 7, 2020. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP.

Since July 1, 2008, the RCA has required 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 5% of construction costs. However, this project is exempt from MSHCP fees since it is construction of sidewalk which is considered a safety project.

FISCAL IMPACT: The Sidewalks — DLR Drive Project is identified in the City's Capital Improvements Program (CIP) Budget for Fiscal Year 2022-2026 and is funded with General Fund. Adequate funds are available in the project account for the contract amount of $183,037.47, plus the 10% contingency amount of $18,303.75 for construction contract change orders, for a total encumbrance of $201,341.22 for construction.

ATTACHMENTS: 1. Contract

2. Project Description and Location

CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS

CONTRACT
for

SIDEWALKS - DLR DRIVE
PROJECT NO. PW19-18
THIS CONTRACT, made and entered into the 14t' day of June, 2022 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", and LC Paving & Sealing, 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 SIDEWALKS - DLR DRIVE, PROJECT NO. PW19-18, 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 SIDEWALKS - DLR DRIVE, PROJECT NO. PW19-18. 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 SIDEWALKS - DLR DRIVE, PROJECT NO. PW19-

18. 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.

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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: SIDEWALKS - DLR DRIVE, PROJECT NO. PW19-18 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 HUNDRED EIGHTY-THREE THOUSAND, THIRTY-SEVEN DOLLARS AND FORTY-SEVEN CENTS ($183,037.47), the total amount of the base bid.

Contractor agrees to complete the work in a period not to exceed 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 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 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City.

C. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the c-2

work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work.
d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference.

7. LIQUIDATED DAMAGES / EXTENSION OF TIME
a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor.
b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten calendar days of the occurrence of such delay, Contractor shall give written notice to City.

Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

8. WAIVER OF CLAIMS
On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.

9. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov . Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4.

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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
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
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
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23. INSURANCE.

The 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 by the Contractor, its agents, representatives, employees or subcontractors.

Minimum Scope of Insurance: Coverage shall be at least as broad as:

Insurance Services Office Commercial General Liability Form No. CG 00 01 11 85 or 88.

2. Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the 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 Contract, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.

Minimum Limits of Insurance: The Contractor shall maintain limits no less than:

General Liability: Two Million Dollars $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: One Million Dollars $1,000,000 per accident for bodily injury and property damage.

3. Worker's Compensation as required by the State of California; Employer's Liability:

One Million Dollars $1,000,000 per accident for bodily injury or disease.

Deductibles and Self -Insured Retentions: Any deductibles or self-insurance retentions shall not exceed Twenty -Five Thousand Dollars $25,000.

Other Insurance Provisions: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

The City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Gosch Ford Temecula, their officers, officials, employees, and volunteers are to be covered as insureds as respects to 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; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Gosch Ford Temecula, their officers, officials, employees, agents 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, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Gosch Ford Temecula, their officers, officials, employees, agents and volunteers.

Any insurance or self-insurance maintained by the City of Temecula, Temecula C-6

Community Services District, Successor Agency to the Temecula Redevelopment Agency, Gosch Ford Temecula, their officers, officials, employees, agents and 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, Temecula Community Services District, Successor Agency to the Temecula Redevelopment Agency, Gosch Ford Temecula their officers, officials, employees, agents and 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 Contract shall be endorsed to state in substantial conformance to the following: If the policy will be cancelled before the expiration date the insurer will notify in writing to the City of such cancellation not less than 30 days prior to the cancellation effective date.

6. If insurance coverage is cancelled or reduced in coverage or in limits, the Contractor shall within two business days of notice from the insurer, phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.

Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-, VII or better, unless otherwise acceptable to the City. Self-insurance shall not be considered to comply with these insurance requirements.

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.

Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT
Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.

25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such C-7

entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

26. COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work.

27. 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 present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act. c-s

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.

DATED: May 25, 2022 CONTRACTOR:

LC Paving & Sealing, Inc
620 Alpine Way
Escondido, CA 92029
760-752-1743
[email protected]
By:

J e Saiinas
Print or type NAME
DATED.

ATTEST:

Randi Johl, City Clerk
APPROVED AS TO FORM:

Peter M. Thorson, City Attorney
Pres.. Sec., Tres., and Mqr.

Print or type TITLE*
Print or type NAME
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations)

CITY OF TEMECULA
0 Matt Rahn, Mayor
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California Secretary of State
Electronic Certified Copy
I, ALEX PADILLA, Secretary of State of the State of California, hereby certify that the attached transcript of 2 pages is a full, true and correct copy of the original record in the custody of the California Secretary of State's office.

IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California on
this day of October 29, 2020

ALEX PADILLA
Secretary of State
Verification Number: KWW2AWK
Entity (File) Number: C3286410
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Corporation - Statement of Information
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Entity Name: L.C. PAVING & SEALING, INC.

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California Secretary of State
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Officers (cont'd):
c. Chief Financial Officer:

4. Director:

Number of Vacancies on the Board of
Directors:

5. Agent for Service of Process:

6. Type of Business:

JOSE A. SALINAS
620 ALPINE WAY
ESCONDIDO, California 92029
United States of America
JOSE A. SALINAS
620 ALPINE WAY
ESCONDIDO, California 92029
United States of America
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JOSE A. SALINAS
620 ALPINE WAY
ESCONDIDO, California 92029
United States of America

CONSTRUCTION
By signing this document, I certify that the information is true and correct and that I am authorized by California law to sign.

Electronic Signature: Marisa Haas
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SIDEWALKS - DLR DRIVE
Infrastructure Project
Project Description: This project will include the construction of sidewalks on the north side of northerly leg and the west side of DLR Drive.

Benefit: This project will provide walking surfaces for pedestrians and will facilitate the construction of the Lexus dealership.

Core Value: Transportation Mobility and Connectivity
Project Status: This is estimated to be complete by Fiscal Year2021-22.

Department: Public Works - Account No. 210.265.999.721 / PW19-18 Level: I
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program
Project Cost:

Prior Years
Actuals
2021-22
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
42,910
31,090 22,789
96,789
Construction
284,130
284,130
Construction Engineering
18,081
18,081
Design & Environmental
39,106
12,554
51,660
MSHCP
14,206
14,206
Total Expenditures
1 82,0161
360,061 22,789
464,866
Source of Funds:

General Fund 80,000 362,077 22,789 464,866
Total Funding 80,000 362,077 22,789 464,866
Future Operating & Maintenance Costs:

Total Operating Costs
140

Item No. 17

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022
SUBJECT: Approve Agreement with CCS Facility Services, for Janitorial Services for City Facilities for Fiscal Year 2022-2023
PREPARED BY: Stacey Biddle, Management Assistant
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council:

1. Approve an agreement with CCS Facility Services, in the amount of $322,434.13, to provide janitorial services for City facilities for Fiscal Year 2022-2023; and

2. Approve contingency for extra work in the amount of $32,243, which is approximately 10% of the agreement amount.

BACKGROUND: On March 24, 2022, the Department of Public Works posted a Request for Proposals (RFP) No. 264 on the City's online bidding service, PlanetBids, for Janitorial Services for City Facilities. The Public Works Department received seventeen (17) electronic proposals.

Selected panel members reviewed each proponent's submittals and collectively determined that CCS Facility Services is the most qualified and competitively priced vendor to provide janitorial maintenance services. Staff is recommending the approval of an agreement for janitorial maintenance services through FY 2022-2023. The agreement also includes a provision for a CPI adjustment each fiscal year, and upon mutual agreement between the City and Contractor, an allowance to extend the contract for four (4) additional one (1) year terms, and in no event shall the contract be extended beyond June 30, 2027.

FISCAL IMPACT: Adequate funds will be made available in the Annual Operating Budget (AOB) for Fiscal Year 2022-2023
ATTACHMENTS: Minor Maintenance Agreement

AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND CCS SAN DIEGO JANITORIAL, INC.
dba CCS FACILITY SERVICES

JANITORIAL SERVCIES FOR CITY FACILITIES
THIS AGREEMENT is made and effective as of June 12, 2022, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and CCS San Diego Janitorial, Inc. dba CCS Facility Services, a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

TERM
This Agreement shall commence on July 1, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

The City may, upon mutual agreement, extend the contract for four (4) additional (1) year term(s). In no event shall the contract be extended beyond June 30, 2027.

If Agreement is extended beyond the original term, the Agreement price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index (CPI) for all Urban Consumers for the Riverside -San Bernardino -Ontario Core Based Statistical Area using the most recently published month annual percentage change.

2. SCOPE OF WORK
Contractor shall perform all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work"), and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work, Exhibit A.

3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed Three Hundred Twenty -Two Thousand, Four Hundred Thirty -Four dollars and Thirteen cents ($322,434.13) for the total term of this agreement unless additional payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
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G. Contractor will submit invoices monthly for actual services performed.

Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.

4. PERFORMANCE
Contractor shall faithfully and competently exercise the ordinary skill and competence of members of their profession. Contractor shall employ all generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.

5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives.

6. WAIVER OF CLAIMS
On or before making final request for payment under Paragraph 3 above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. The acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Agreement, except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify Agreement with each claim for payment.

7. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

8. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of 08/06/2021

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 that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

9. 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.

10. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability Form No.

CG 00 01 11 85 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1) General Liability: One Million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
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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 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; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded 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.
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 the 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, 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: 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 -:VI I 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 08/06/2021

provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. g. By executing this Agreement, Contractor hereby certifies:

I am aware of the provision of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workman's Compensation or undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

11. TIME OF THE ESSENCE
Time is of the essence in this Agreement.

12. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.

13. 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.

14. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time. 08/06/2021

15. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.

16. PROHIBITED INTEREST
No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.

17. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.

18. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.

19. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.

20. 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.

21. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at 08/06/2021

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 Contractor: CCS Facility Services
Attn: Courtney Johnson
PO Box 846117
Los Angeles, CA 90084-5117

23. 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.

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.

27. CONTRACTOR SECURITY ACCESS
a. Contractor's and all its employees or subcontractors or other persons who perform work or services at a City facility unescorted by City employees, shall be required to complete a security background check. The Temecula Police Department will conduct "Live Scan" fingerprint checks on a Contractor and all their employees, subcontractors, or other persons that will access City facilities.
b. "Live Scan" is a system that completes a criminal history inquiry by checking Local, State, and National databases. The Contractor shall be responsible for scheduling their employees to complete the "Live Scan" process with the Temecula Police Department and paying the cost of each "Live Scan" at the current rate. The Temecula Police Department will be provided with what is known as a "background check" which includes a list of any arrests and convictions for those individuals which a "Live Scan" has been conducted. From that date forward the Temecula Police Department will be notified of any subsequent arrest and conviction. To make it a police will forward this confidential information to authorize City management.

C. Any individual with a felony conviction or a felony or misdemeanor arrest that is pending in a criminal court (i.e., has not been adjudicated) shall not be granted access to City facilities. A conviction within the meaning of the section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Other arrest history shall be evaluated on a case by case basis to determine the level of risk to the City. Security privileges associated with the access to the City facilities is dependent upon which area(s) of the building(s) Contractor requires access relative to the type of work or service being performed and the nature of the acts giving rise to the conviction. The City manager, or his designee, have full discretion in determining security access to City facilities.
d. Contractor shall complete this procedure within 30 days of the date of execution of this Agreement, or prior to any employee or subcontractor of Contractor performing work or services at a City facility, whichever occurs first. City Manager or his or her designee shall designate the employees, subcontractors or other persons working the sensitive areas of the City facilities and shall prioritize their Live Scan process. e. Once an employee or subcontractor of the Contractor is approved, a City Access Key Card will be issued by Information Technology and this card will allow unescorted access. Contractor will be contacted by the appropriate department of when to pick up the City Access Key Cards. Access to City facilities will be coordinated by the appropriate City Department.

Contractor shall comply with the following standards:
1) Contractor shall assign a primary employee(s), such as a supervisor, to ensure completion of job tasks and accountability of employees at City facilities whenever possible.
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2) Contractor and their employees and subcontractors shall wear business identifying uniform and the assigned City Access Key Card whenever on City premises.
3) City issued Access Key Card(s) shall not be used as a form of identification by Contractor or its employees and subcontractors for any purpose other than access into City facilities.
4) Contractor shall monitor the City Access Key Card(s) issued to their employee(s) and subcontractors and only allow only those employees and subcontractors that have been Live Scanned and approved by the City to have security access to wear a City Access Key Card.
5) Contractor shall notify the Director of Public Works within four (4) hours after its employee or subcontractor has severed employment.

Contractor shall use its best efforts to retrieve the City Access Key Card from that employee's or subcontractor's possession as soon as possible following separation and return it to the City within one business day of retrieval.
6) No new employees or subcontractors of Contractor shall perform work at any City facility until a "Live Scan" and background check has been completed by the Temecula Police Department and approval to proceed has been provided by authorize City management.
7) Contractor and its employees and subcontractors shall follow the directions provided by City staff while on City premises. 8) Employees and subcontractors of Contractor shall be instructed to access only the areas necessary for the service provided, and to leave City premises immediately upon completion of duties. 9) City issued Access Key Card(s) are the property of the City of Temecula and must be immediately surrendered upon request by City of Temecula staff.
10) Contractor shall reassign any employee or subcontractor that becomes involved in any criminal activity and retrieve the City Access Key Card upon notification of criminal activity by the City of Temecula or any law -enforcement or government agency.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Matt Rahn, Mayor
ATTEST:

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

CCS FACILITY SERVICES
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: a��—o a e.

Dana Holladay, Senior Vide resident
By:

Cameron Hall, Vice President & Legal
By:

Peter M. Thorson, City Attorney CONTRACTOR
CCS Facility Services
Attn: Courtney Johnson
PO Box 845117
Los Angeles, CA 90084-5117
Ph: 619-226-9443
ciohnson6D,ccsbts.corn
City Purchasing Mgr.

Initials and Date:
6/1/2022
10 08/06/2021

EXHIBIT "A"

SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for janitorial maintenance service at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows:

1. The City Manager or his designee shall submit to Contractor a written "Request for Work". The Request for Work shall include a description of the work to be completed, the time for completion of the work, and the plans and specifications, if any, work.

2. Within five (5) business days of the date of the Request for Work, Contractor shall respond in writing to the Request for Work and advise the City Manager whether it can perform the work and specify the cost of material which will be required and the estimated cost of labor and equipment necessary to complete the work in accordance with the labor and equipment rates set forth in Exhibit "B" to this Agreement.

3. In the event emergency work is required, the City Manager may transmit the Request for Work orally to the Contractor. As soon as practical following the emergency, the Contractor and Director shall in good faith confirm in writing the scope of the emergency work undertaken.

4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement.
if
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EXHIBIT "B"

FEE SCHEDULE
PROPONENT NAME: CCS_Eacility Services
PRICE
PER
TOTAL
TOTAL

DAYS OF

FACILITY LOCATION

ADDRESS
SQ
PRICE
PRICE

SERVICE
FT.*MONTH
PER SQ.

PER
PER
S
96,795
$0.078
MONTH
$7,525.64
YEAR
$90,307.70
Civic Center
41000 Main St.
5 Days per
Week
Community Recreation
30875 Rancho
24,680
$0.132
$3,252.13
$39,025.55
7 Days per
Center
Vista Rd.
43230 Business
11,400
Week
5 Days per
Facility Operations
$0.132
$1,508.05
$18,096.60
Center
Park Dr.
$704.51
Week
Harveston Community
28582 Harveston
1 $0.525
$8,454.17
7 Days per
Room / Office
Rd.
,342
Week
HELP Center
28922 Pujol
1,800
$0.532
$957.75
$11,493.00
5 Days per
Street
Week
Jefferson Recreation
41375 McCabe
1,988
$0.253
$503.22
$6,038.69
5 Days per
Center
St.

Week
Margarita Recreation 29119 Margarita
8,069
$0.118
$956.13
$11,473.52
5 Days per
Center (YMCA) Rd.

Week
Mary Phillips Senior 41845 Sixth St. 6,148
$0.132
$810.19
$9,722.30
7 Days per
Center
Week
Old Town Temecula 42051 Main St. 26,67
$$0.136
$3,638.48
$43,661.71
7 Days per
Community Theater
Week
N/A
$616.04
Parking Garage / Police 41000 Main St. 2,200
$7,392.53
5 Days per
Office
$0.175
Week
Temecula Community 28816 Pujol St. 5,900
I
$1,031.77
$12 381.27
7 Days per
Center
Week
N/A
$2,999.87
$35,998.41
7 Days per
Temecula Public Library 30620 Pauba Rd. 34,003
Week
Temecula Valley 43200 Business
3 Days per
Entrepreneur's Park Dr. 14,500
$0.071
$1,026.58
$12,318.94
Week
Exchange
$1,339.15
$16,069.74
7 Days per
Temecula Valley 28314 Mercedes 7,200
$0.186
Museum St.

Week
*The price per square foot (Sq. Ft.) will be used as a basis for establishing a price for janitorial services of any new facility of similar use that may be added to the Agreement during its term. 29 FEE SCHEDULE (continued)
ADDITIONAL SERVICE ITEMS:

DESCRIPTION

SCOPE OF WORK

HOURLY RATE
Per Man
Per Man
per Man Holiday
Regular Hour
Overtime
Additional general
Gleaning office areas,
Janitorial Services for
kitchens, offices, recreation
Special Events
buildings, restrooms,
$35.00
S-�0.00
550,00
requested by City
hallways, multipurpose
Representative
rooms, etc.

SCOPE OF WORK PRICE PER SQ.FT.

Extract Carpets with truck mounted carpet extractor $0.10 30 Item No. 18

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022
SUBJECT: Approve Agreement with Diversified Waterscapes, Inc. for Lake and Pond Maintenance Services for Fiscal Year 2022-2023
PREPARED BY: Stacey Biddle, Management Assistant
Julie Tarrant, Principal Management Analyst
RECOMMENDATION: That the City Council approve an agreement with Diversified Waterscapes, Inc., in the amount of $150,000, to provide lake and pond maintenance services for Fiscal Year 2022-2023.

BACKGROUND: On April 27, 2022, the Department of Public Works posted a Request for Proposals (RFP) No. 262 on the City's online bidding service, PlanetBids, for Lake and Pond Maintenance Services. Diversified Waterscapes, Inc. was the sole bidder.

Diversified Waterscapes, Inc., has an extensive knowledge in the management of lakes and ponds and has satisfactorily provided these services to the City for a number of years. As a result, staff is recommending the approval of an agreement with Diversified Waterscapes, Inc. for Lake and Pond Maintenance Services through FY 2022-2023. The agreement also includes a provision for a CPI adjustment each fiscal year, and upon mutual agreement between the City and Contractor, an allowance to extend the contract for four (4) additional one (1) year terms, and in no event shall the contract be extended beyond June 30, 2027.

FISCAL IMPACT: Adequate funds will be made available in the Annual Operating Budget (AOB) for Fiscal Year 2022-2023
ATTACHMENTS: Minor Maintenance Agreement

AGREEMENT FOR MINOR MAINTENANCE SERVICES BETWEEN
CITY OF TEMECULA AND DIVERSIFIED WATERSCAPES, INC.

LAKE AND POND MAINTENANCE
THIS AGREEMENT is made and effective as of June 14, 2022, between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Diversified Waterscapes, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. TERM
This Agreement shall commence on July 1, 2022, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2023, unless sooner terminated pursuant to the provisions of this Agreement.

The City may, upon mutual agreement, extend the contract for four (4) additional one (1) year term(s). In no event shall the contract be extended beyond June 30, 2027.

3. PAYMENT
a. The City agrees to pay Contractor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement.
b. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.

C. Contractor will submit invoices monthly for actual services performed.

of each invoice as to all non -disputed fees. If the City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance.

5. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives.

7. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general, prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this 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.gay . 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,1 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.

8. 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 08/06/2021

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:/I www.dir.ca.gov/Public-Works/PublicWorks.html

9. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein.

10. DEFAULT OF CONTRACTOR
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

11. 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 08/06/2021

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.

12. INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability Form No.

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 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, 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: 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 -:VI l 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. g. By executing this Agreement, Contractor hereby certifies:

13. TIME OF THE ESSENCE
Time is of the essence in this Agreement.

14. INDEPENDENT CONTRACTOR
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of 08/06/2021

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.

15. 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.

16. CONTRACTOR'S INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Agreement, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Agreement out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Agreement. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

17. CONTRACTOR'S AFFIDAVIT
After the completion of the Work contemplated by this Agreement, Contractor shall file an affidavit with the City Manager stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.

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 Contractor, or Contractor's sub --contractors for this project, during his/her tenure or for one year thereafter_ The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
08/06/2021

19. BOOKS AND RECORDS
Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Agreement, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City.

20. UTILITY LOCATION
City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.

21. REGIONAL NOTIFICATION CENTERS
Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.

22. 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.

23. WRITTEN NOTICE
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.

Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Contractor: Diversified Waterscapes, Inc.

Contact Person: Carlos Valle
27324 Camino Capistrano# 213
Laguna Niguel, CA 92677

24. 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.
08/06/2021

25. 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.

26. 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.

27. 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.

28. 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. 08/06/2021

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA DIVERSIFIED WATERSCAPES, INC.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: By:

Matt Rahn, Mayor Patrick Simmsgeiger, President
ATTEST:

By: By:

Randi Johl, City Clerk Mafia Simmsgeiggr,
Chief Financial Offii
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney CONTRACTOR
Diversified Waterscapes, Inc.

Contact Person: Carlos Valle
27324 Camino Capistrano #213
Laguna Niguel, CA 92677
Phone Number: (949) 582-5414
[email protected]
City Purchasing Mgr.

Initials and Date:
6/1/2022
08/06/2021

EXHIBIT "A"

SCOPE OF WORK
Contractor recognizes and agrees that this Agreement is for the purpose of establishing a contractual relationship between the City of Temecula and the Contractor, for the maintenance of lakes and ponds at the various locations upon real and personal property of the City. Work will include maintenance services, and emergency call -out. The procedure for assigning work is set forth as follows:

4. Upon acceptance of the Contractor's response by the City Manager, the Contractor shall proceed with the work. The performance of the work shall be pursuant to the terms of this Agreement.

1. The work to be done consists of furnishing all materials, equipment, tools, labor and incidentals as required by the Agreement Documents for the above -stated services.

2. Preventative maintenance duties described in this Scope of Work are to be performed on the lake and pond at the following locations:
❖ Harveston Lake, 29005 Lake House Road, 8.4 acres, approximately 22,866,000 gallons' water supply, recycled water.
❖ Temecula Duck Pond, 28250 Rancho California Road, 2.5 acres approximately 4,100,000 gallons' water supply, potable water and off site runoff.

3. Lake and Pond should be serviced two (2) or three (3) times per week. Each service visit by the Contractor will include the following:
• Inspect the entire waterscape system;
• Clean pump intake screens and skimmer baskets;
• Remove all trash and debris within 20 feet of the Lake/Pond edge (includes floating debris and bottom debris);
10 08/06/2021

• Inspect all Lake/Pond circulation equipment and aeration equipment for proper operation (notify City immediately if not operating properly); • Provide routine maintenance of Lake/Pond mechanical equipment (circulation pumps, aeration pumps and diffusers);
Monitor Lake/Pond water condition and provide required water treatments (both chemical and manual).

4. Contractor shall supply and apply all required labor, materials/chemicals to maintain and promote a healthy and aesthetically acceptable Lake/Pond condition at all times (provide labels an MSDS for all materials to be used).

5. Contractor shall provide aquatic vegetation control measures to maintain an aesthetically acceptable condition at all times.

6. Contractor shall notify the City representative immediately of any abnormal water condition.

7. Contractor shall provide insect control measures to manage the aquatic borne insect population at an acceptable level at all times.

8. Contractor shall provide a monthly report of the services performed and chemicals applied and a general observation of the Lake/Pond water condition.

9. Contractor shall provide a weekly schedule showing proposed service days and approximate time of arrival for each service. Schedule shall be delivered via e-mail to the City Maintenance Superintendent.

10. It is the responsibility of the Contractor to notify the City when any equipment is faulty or in need repair, or if the Lake/Pond water chemistry is in a condition deemed hazardous and/or unsightly. The City has the option, to use City staff, the contractor or another contractor to perform repairs.

11. Additional work maybe requested by the City, at the rate shown in the Fee Schedule.

12. Contractor shall meet a minimum of one time per month with designated City representative, to review performance and Lake/Pond condition. m
08/06/2021

EXHIBIT "B"

PAYMENT RATES AND SCHEDULE
Fee Schedule (upload to Planet Bids under `Cost File')
Description Price Per Month

HARVESTON LAKE PARK
For Service on Monday, Wednesday $5,238.00
and Friday (three times per week)

TEMECULA DUCK POND
Price Per Year
$62,856.00
For Service on Monday, Wednesday $2,192.00 $26,304.00
and Friday (three times per week)
For Emergency Repairs or Extra Work Authorized by the City of Temecula:

Materials, Parts, & Equipment Mark-up
Sediment Removal Service
Total Cost of Mobilization and Demobilization for Sediment Removal
Equipment and Labor Daily Rate when using Sediment
Removal Equipment (cost per day, minimum of 5 days)
Hourly Rate per Regular Man Hour
(8:00 a.m, to 5:00 p.m„ Monday -Friday)
Hourly Rate per Overtime Man Hour
(after hours, weekends, Holiday, etc.)
15%
$6,000.00 Total
$5,500.00
$85.00
$135.00
Dated: 05/18/2022 By �• •�
Signature of Authorized Representative

PATRICK SIMMSGEIGER
Print Name and Title
IN
08/06/2021

Item No. 19

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022
SUBJECT: Approve Second Amendment to the Agreement for Consultant Services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II — Margarita Under - Crossing, PW19-04
PREPARED BY: Avlin R. Odviar, Senior Civil Engineer
William Becerra, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve the second amendment to the agreement for consultant services with EXP U.S. Services Inc. for the Santa Gertrudis Creek Trail Phase II — Margarita Under - crossing, PW 19-04, increasing the contingency amount by $40,000.00; and

2. Increase the City Manager's authority to approve extra work authorizations by $40,000.00.

BACKGROUND: On June 10, 2020, the City Manager, under the authorities delegated by the City Council of the City of Temecula in Resolution 2020-35, awarded the consultant contract to EXP U.S. Services, Inc. for the preparation of construction plans, specifications, and estimate (PS&E) and environmental documents for the Santa Gertrudis Creek Trail Phase II — Margarita Under -Crossing, PW19-04. The agreement, as amended, is in the amount of $420,775.33 plus $107,527.53 of contingency.

Since that time, two extra work authorization have been approved for services relating to environmental regulatory permitting and relocation of existing water utilities. The project is also expecting to incur permitting costs from California Department of Fish and Wildlife, California Regional Water Control Board, and Riverside County Flood Control District. At this time, it is appropriate to increase contingency funds to cover permitting costs.

This Second Amendment adds $40,000.00 in contingency and allows for other additional services through extra work authorization(s). Approval of the Second Amendment results in an agreement amount of $420,775.33 and a contingency amount of $147,527.53, for a total encumbrance of $568,302.86.

FISCAL IMPACT: The Santa Gertrudis Creek Trail Phase II — Margarita Under - Crossing, project is identified in the City's Capital Improvement Program (CIP) Budget for Fiscal Year 2022-2026. It is funded with Measure S and Senate Bill 1. Adequate funds are available in the project accounts to cover the Second Amendment amount of $40,000.00.

ATTACHMENTS: 1. Second Amendment

2. Project Description

3. Project Location

#2020-092

SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND EXP U.S. Services Inc.

SANTA GERTRUDIS CREEK TRAIL PHASE II — MARGARITA UNDER -CROSSING PROJECT NO. PW19-04
THIS SECOND AMENDMENT is made and entered into as of June 14, 2022 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and EXP U.S. Services Inc., a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

This Amendment is made with the respect to the following facts and purposes:
a. On June 10, 2020, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services Between City of Temecula and EXP U.S.

Services Inc., Santa Gertrudis Creek Trail Phase II — Margarita Under -Crossing PW19-04," in the amount of $420,775.33 plus 10% contingency in the amount of $42,077.53. b. On July 13, 2021, the City and Consultant entered into the First Amendment to the Agreement to increase the contingency in the amount of $65,450.00.

C. The parties now desire to increase the contingency in the amount of $40,000.00, and to amend the Agreement as set forth in this Amendment.

2. Section 6 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 SECOND Amendment amount shall not exceed Forty Thousand Dollars ($40,000.00) of additional Contingency for a total Agreement amount of Five Hundred Sixty -Eight Thousand Three Hundred Two Dollars and Eighty -Six Cents ($568,302.86).

2. Section 6 of the Agreement entitled "PAYMENT" at paragraph "b" is hereby amended to read as follows:

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.

The City Manager may approve additional work up to One Hundred Forty - Seven Thousand Five Hundred Twenty -Seven Dollars and Fifty -Three

#2020-092
Cents ($147,527.53) as approved by City Council. Any additional work in excess of this amount shall be approved by the City Council.

3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 #2020-092
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF TEMECULA
By:

Maryann Edwards, Mayor
ATTEST:

By:

Rand! Johl, City Clerk
APPROVED AS TO FORM:

By:

EXP U.S. Services Inc.
(Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By: 4 1
Zw;:13
Gabriel Rod gue , JA President
By:

Khalil Saba, Vice President
Peter M. Thorson, City Attorney CONSULTANT
EXP U.S. Services Inc.

Gabriel Rodriguez, Project Manager
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92404
(909) 228-2821
Gabriel. Rod rig [email protected]
City Purchasing Mgr.

Initials and Date:
61112022

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Ak
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The Heart or Scu[hern a, Iurni6
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program

SANTA GERTRUDIS CREEK PHASE II - MARGARITA UNDER -CROSSING Infrastructure Project
Project Description: This project includes the design, environmental, and construction of the under -crossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along the Santa Gertrudis Creek at this location.

Benefit: The project provides a safe pedestrian and bicycle trail connection for the community.

Core Value: Transportation Mobility and Connectivity
Project Status: Project is anticipated to be completed in Fiscal Year 2021-22.

Department: Public Works - Account No. 210.265.999.732 / PW19-04 Level: I
Project Cost:

Prior Years
Actuals
2021-22
2020-21 Proposed 2022-23 2023-24 2024-25 2025-26
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
17,556
142,445 144,000
304,000
Construction
1,631,179
1,631,179
Construction Engineering
200,000
200,000
Design & Environmental
633,964
633,964
Land Acquisition
21,500
21,500
MSHCP
81,559
81,559
Total Expenditures
17,556
797,909 2,056,738
2,872,202
Source of Funds:

Measure S
Senate Bill 1
50,000
765,464 554,738
1,502,000
1,370,202
1,502,000
Total Funding
50,000
765,464 2,056,738 -
2,872,202
Future Operating & Maintenance Costs:

Total Operating Costs
Notes :

1. California Transportation Commission (CTC) adopted the 2019 Active Transportation Program Augmentation on January 30 - 31, 2019. 138

Santa Gertrudis Creek Phase II - Margarita Undercrossing 1989 Infrastructure/ Other Project Location
0 200 400 Feet
The map SantaGertrudisCreekPhasel I.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update I Al and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis 2018 Aerial Data 148

Item No. 20

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works / City Engineer DATE: June 14, 2022
SUBJECT: Approve Plans and Specifications and Authorize Solicitation of Construction Bids for the Mary Phillips Senior Center Enhancement and Renovation, PW20-13 PREPARED BY: Avlin R. Odviar, Senior Civil Engineer
William Becerra, Associate Engineer II
RECOMMENDATION: That the City Council:

1. Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Mary Phillips Senior Center Enhancement and Renovation, PW20-13; and

2. Make a finding that this project is exempt from CEQA per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines.

BACKGROUND: The Mary Phillips Senior Center Enhancement and Renovation is an infrastructure project that will update and enhance the appearance, improve safety, and extend the life of the facility. The Project exterior scope includes removal, disposal, and installation of roof, siding, soffit, fascia, trim, doors, and windows. Interior scope includes replacement lighting, acoustics, trim, bookcase, and finishes. Accessibility improvements will be brought up to current standards throughout the building interior and site.

The plans and specifications are complete, and the project is ready to be advertised for construction bids. The contract documents are available for review in the Director of Public Works' office.

The Engineer's Construction Cost Estimate is $702,000 and construction duration is estimated to be 100 working days (approximately 5 months).

This project is exempt from the CEQA requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines. Section 15301 states that interior/exterior alterations, restoration/rehabilitation of deteriorated/damaged facilities, and minor additions to existing structures are Class 1 activities which are exempt from CEQA.

FISCAL IMPACT: The Mary Phillips Senior Center Enhancement and Renovation is identified in the City's Capital Improvement Program (CIP) budget for Fiscal Years 2022-2026 and is funded with Measure S, Community Development Block Grant (CDBG), and Facilities Replacement Fund. Adequate funds are available in the project accounts to construct this project.

ATTACHMENTS: 1. Project Description

2. Project Location

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The Heart of Southern California
Wine Country
City of Temecula
Fiscal Years 2022-26
Capital Improvement Program

MARY PHILLIPS SENIOR CENTER ENHANCEMENT AND RENOVATION
Infrastructure Project
Project Description: This project includes the enhancement and renovation of the Mary Phillips Senior Center. Exterior improvements include new roof, siding, soffit, fascia, trim, doors and windows. Interior improvements include lighting, acoustics, trim, flooring, bookcase, and finishes. The project includes improvements in accessibility throughout the building interior and site in accordance with latest ADA requirements. .

Benefit: This project updates and enhances the appearance and improves safety and extends the life of the facility.

Core Value: Healthy and Livable City
Project Status: This project is in design. Construction is to commence in Fiscal Year 2021-22.

Department: Public Works - Account No. 210.265.999.782 / PW20-13 Level: I
Project Cost:

Prior Years
Actuals
2021-22
2020-21 Adopted 2022-23 2023-24 2024-25 2025-26
Adjusted Budget Projected Projected Projected Projected Total Project
Cost
Administration
20,000 68,000
88,000
Construction
318,000 511,000
829,000
Construction Engineering
21,000 20,000
41,000
Design & Environmental
71,000 4,600
75,600
Total Expenditures
430,000 603,600
1,033,600
Source of Funds:

CDBG
400,000 323,906
723,906
Facilities Replacement Fund
279,694
279,694
Measure 5
30,000
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Item No. 21

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022
SUBJECT: Approve Resolution Rescinding Resolution No. 2021-47 and Authorizing Quitclaim Deed in Connection with Assessor's Parcel Numbers 957-130-003 and 957-130-013 in Connection with Drainage, Flood Control, and Flood Channel Improvements Along the Santa Gertrudis Creek
PREPARED BY: Ron Moreno, Principal Civil Engineer
Anissa Sharp, Office Specialist II
Samantha Marconi, City Attorney's Office
RECOMMENDATION: That the City Council take the following actions:

1. Adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RESCINDING RESOLUTION NO. 2021-47, A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA DECLARING CERTAIN REAL PROPERTY

INTERESTS NECESSARY FOR PUBLIC PURPOSES AND

AUTHORIZING THE ACQUISITION THEREOF FOR DRAINAGE,

FLOOD CONTROL, AND FLOOD CHANNEL IMPROVEMENT

PURPOSES, AND ALL USES NECESSARY OR CONVENIENT
THERETO ALONG THE SANTA GERTRUDIS CREEK (325
SQUARE FOOT PERMANENT EASEMENT ON APNS 957-130-003
AND 957-130-013) AND AUTHORIZING THE QUITCLAIM OF

THE CITY'S INTEREST IN SAID EASEMENT TO THE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER

CONSERVATION DISTRICT

2. Authorize the City Manager to execute the Quitclaim Deed.

BACKGROUND: The City of Temecula ("City") is a participant of the Santa Gertrudis Creek Channel Improvements Project ("Project") pursuant to the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) executed pursuant to Ordinance No. 02-14. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on its Exhibit D. Specifically, Condition 4.A. to Exhibit D requires the Developer to construct certain offsite public improvements in connection with the Santa Gertrudis Creek Channel. These drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek referred to as the "Project" include the improvements to Santa Gertrudis Creek upstream and downstream of the existing culverts at Butterfield Stage Road from the plans approved by the Riverside County Flood Control and Water Conservation District ("District").

It was necessary for the City to acquire an approximate 325 square foot permanent easement ("Subject Easement") over portions of the real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and further identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Property") for public use, namely drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek in connection with the Project. Ashby USA, LLC had previously obtained for the benefit of the District irrevocable offers of dedication for the real property interests required for the Project, except for the small Subject Easement. The District will be responsible for maintenance of the drainage, flood control and flood channel improvements.

After its acquisition of the Subject Easement, the City proposed to transfer its rights to the 325 square foot Subject Easement to the District for maintenance.

Pursuant to Government Code Section 7267.2, the City Council of the City of Temecula ("City Council") set just compensation for the Subject Easement at the fair market value as determined by the City's independent appraiser based on an August 18, 2020 date of value.

On November 5, 2020, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, 3270 West Lincoln LLC ("Property Owner"), via certified mail and regular first-class mail, to purchase the Subject Easement at the fair market value established by the City's independent appraiser.

The parties negotiated in good faith the City's purchase of the Subject Easement but had not reached a negotiated agreement for the purchase of the Subject Easement as of August 24, 2021.

On August 24, 2021, the City Council of the City of Temecula held a hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary For Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes, and All Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek (325 Square Foot Permanent Easement on APNs 957-130-003 And 957-130-013).

Pursuant to Resolution No. 2021-47, the City of Temecula City Council authorized the City Attorney's Office to file and prosecute an eminent domain proceeding for the acquisition of the Subject Easement. The City filed its Complaint in Eminent Domain against the Property Owner on October 12, 2021 in Riverside County Superior Court, Case No. CVSW2108934 ("Eminent Domain Proceeding").

After the commencement of the Eminent Domain Proceeding, the parties resumed their negotiations and reached an agreement on the terms of the City's purchase of the Subject Easement. On January 18, 2022, the City Council of the City of Temecula adopted Resolution No. 2022-03 approving a Purchase and Sale Agreement, Settlement Agreement, General Release, and Joint Escrow Instructions between the City and the Property Owner for the acquisition of the Subject Easement ("Agreement"). Escrow for the City's acquisition of the Subject Easement closed on May 6, 2022. The City acquired title to the Subject Easement pursuant to that certain Grant Deed recorded on May 6, 2022 as Document No. 2022-0212716 of Official Records of the County of Riverside. Pursuant to the Agreement, the City filed a Request for Dismissal of the Eminent Domain Proceeding on May 13, 2022. Accordingly, it is necessary for the City to rescind Resolution No. 2021-47.

The City is now vested with title to the Subject Easement. The City's quitclaim to the District of the City's interest in and to the Subject Easement is the last step required by the City in connection with this acquisition. Accordingly, it is recommended that the City authorize the quitclaim to the District of its interest in the Subject Easement.

FISCAL IMPACT: There is no fiscal impact to the City as result of rescinding Resolution No. 21-47 or approval of the Quitclaim Deed. Woodside 05 S, LP, a California Limited Partnership and Wingsweep Corporation, a California Corporation are responsible for all of the City's acquisition costs pursuant to that Certain Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S LP and Wingsweep Corporation, on the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property Interests (Sommers Bend) entered into as of May 19, 2020.

ATTACHMENTS: 1. Resolution

2. Resolution No. 2021-47

3. Quitclaim Deed

4. Exhibit A — Legal Description

5. Exhibit B — Easement Map
3 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA RESCINDING RESOLUTION NO. 2021-47,

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA DECLARING CERTAIN REAL

PROPERTY INTERESTS NECESSARY FOR PUBLIC

PURPOSES AND AUTHORIZING THE ACQUISITION

THEREOF FOR DRAINAGE, FLOOD CONTROL, AND

FLOOD CHANNEL IMPROVEMENT PURPOSES, AND

ALL USES NECESSARY OR CONVENIENT THERETO
ALONG THE SANTA GERTRUDIS CREEK (325 SQUARE
FOOT PERMANENT EASEMENT ON APNS 957-130-003
AND 957-130-013) AND AUTHORIZING THE QUITCLAIM

OF THE CITY'S INTEREST IN SAID EASEMENT TO THE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER

CONSERVATION DISTRICT

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Findings.

A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California.

B. The City is a participant of the Santa Gertrudis Creek Channel Improvements Project ("Project") pursuant to the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) executed pursuant to Ordinance No. 02-14. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project.

To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on its Exhibit D.

Specifically, Condition 4.A. to Exhibit D requires the Developer to construct certain offsite public improvements in connection with the Santa Gertrudis Creek Channel. These drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek referred to as the "Project" include the improvements to Santa Gertrudis Creek upstream and downstream of the existing culverts at Butterfield Stage Road from the plans approved by the Riverside County Flood Control and Water Conservation District ("District").

C. It was necessary for the City to acquire an approximate 325 square foot permanent easement ("Subject Easement") over portions of the real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula and further identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Property") in connection with the Project. The Property consists of approximately 158,558 square feet of vacant, unimproved land. It is encumbered by two Irrevocable Offers of Dedication ("Dedications") in

favor of the "District". One Irrevocable Offer of Dedication was recorded April 21, 2006 as Document Number 2006-0290814 of Official Records of the County of Riverside. This first Irrevocable Offer of Dedication dedicates an easement area of approximately 38,338 square feet over portions of the Subject Property identified as APN 957-130-013. The second Irrevocable Offer of Dedication was recorded April 21, 2006 as Document Number 2006-0290972 of Official Records of the County of Riverside. This second Irrevocable Offer of Dedication dedicates an easement area of approximately 100,795 square feet over portions of the Subject Property identified as APN 957-130-003.

D. The Subject Easement represents the small area that was not previously acquired for the Project. The Subject Easement is necessary for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works, including ingress and egress thereto, over, under, and across the 325 square foot easement area. The drainage, flood control, and flood channel improvements along Santa Gertrudis Creek comprising the Project are in the public interest and necessity and are required to protect the natural waterway that experiences seasonal water flow and to provide protection from flooding to properties in the vicinity of Santa Gertrudis Creek. After its acquisition of the Subject Easement, the City proposed to transfer its rights to the 325 square foot Subject Easement to the District for maintenance.

E. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Easement and set just compensation for the Subject Easement at the fair market value as determined by the City's independent appraiser based on an August 18, 2020 date of value. On November 5, 2020, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, 3270 West Lincoln LLC ("Property Owner"), via certified mail and regular first-class mail, to purchase the Subject Easement at the fair market value established by the City's independent appraiser. The parties negotiated in good faith the City's purchase of the Subject Easement but had not reached a negotiated agreement for the purchase of the Subject Easement as of August 24, 2021.

F. On August 24, 2021, the City Council of the City of Temecula held a hearing in accordance with the Eminent Domain Law (Code of Civil Procedure Section 1230.010 et seq.) and adopted Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary For Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes, and All Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek (325 Square Foot Permanent Easement on APNs 957-130-003 And 957-130-013).

G. Pursuant to Resolution No. 2021-47, the City of Temecula City Council authorized the City Attorney's Office to file and prosecute an eminent domain proceeding for the acquisition of the Subject Easement. The City filed its Complaint in Eminent Domain against the Property Owner on October 12, 2021 in Riverside County Superior Court, Case No.

CVSW2108934 ("Eminent Domain Proceeding"). After the commencement of the Eminent Domain Proceeding, the parties resumed their negotiations and reached an agreement on the terms of the City's purchase of the Subject Easement.

H. On January 18, 2022, the City Council of the City of Temecula adopted Resolution No. 2022-03 approving a Purchase and Sale Agreement, Settlement Agreement, General Release, and Joint Escrow Instructions between the City and the Property Owner for the acquisition of the Subject Easement ("Agreement"). Escrow for the City's acquisition of the Subject Easement closed on May 6, 2022. The City acquired title to the Subject Easement pursuant to that certain Grant Deed recorded on May 6, 2022 as Document No. 2022-0212716 of Official Records of the County of Riverside. Pursuant to the Agreement, the City filed a Request for Dismissal of the Eminent Domain Action on May 13, 2022. Accordingly, it is necessary for the City to rescind Resolution No. 2021-47.

I. The City has authority to rescind Resolution No. 2021-47 pursuant to Code of Civil Procedure 1245.260(c), and other provisions of law.

J. The City is now vested with title to the Subject Easement. The City's quitclaim to the District of the City's interest in and to the Subject Easement is the last step required by the City in connection with this acquisition.

Section 2. Adoption of Resolution Rescinding Resolution No. 2021-47 and Authorizing Quitclaim of the City's Interest to the Riverside County Flood Control and Water Conservation District. The City Council of the City of Temecula adopts Resolution No. 2022- , A Resolution of the City Council of the City of Temecula Rescinding Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary For Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes, and All Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek (325 Square Foot Permanent Easement on APNs 957-130-003 And 957-130-013) and Authorizing the Quitclaim of the City's Interest in Said Easement to the Riverside County Flood Control and Water Conservation District.

Section 3. Authorization to Quitclaim to the Riverside County Flood Control and Water Conservation District the City's Interest in the Subject Easement. The City Council hereby authorizes the City Manager to execute the Quitclaim Deed, which quitclaims to the Riverside County Flood Control and Water Conservation District the City's interest in the approximate 325 square foot Subject Easement.

Section 4. Certification. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022.

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. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 14th day of June, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

RESOLUTION NO.2021-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA DECLARING CERTAIN REAL

PROPERTY INTERESTS NECESSARY FOR PUBLIC

PURPOSES AND AUTHORIZING THE ACQUISITION

THEREOF FOR DRAINAGE, FLOOD CONTROL, AND

FLOOD CHANNEL IMPROVEMENT PURPOSES, AND

ALL USES NECESSARY OR CONVENIENT THERETO
ALONG THE SANTA GERTRUDIS CREEK (325 SQUARE
FOOT PERMANENT EASEMENT ON APNS 957-130-003
AND 957-130-013)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Findines.

A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California.

B. The City originally approved the Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the Pre -annexation and Development Agreement) pursuant to Ordinance No. 02-14. The Development Agreement was recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside.

The Development Agreement was amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013-0324057, and (3) the Third Amendment to the Development Agreement dated March 8, 2016, and recorded on April 20, 2016 in the Official Records of Riverside County as Document No. 2016-0156276. Developer Woodside 05S, LP, a California Limited Partnership and Wingsweep Corporation, a California corporation are the successors to certain of these approved applications for development and propose to construct the Sommers Bend Project ("Sommers Bend Project" or "Development Project").

C. To facilitate the orderly development of the Sommers Bend Project, the Third Amendment to the Development Agreement was approved subject to certain conditions set forth on Exhibit D to said Third Amendment. Specifically, Condition 4.A. to Exhibit D contained a specific condition of approval requiring Developer to construct certain public improvements in connection with the Santa Gertrudis Creek Channel. These drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek are referred to as the "Project" and include the improvements to Santa Gertrudis Creek upstream and downstream of the existing culverts at Butterfield Stage Road from the plans approved by the Riverside County Flood Control and Water Conservation District ("District").

D. The Project requires the acquisition of the approximate 325 square foot permanent easement described more particularly below in Section 4. The approximate 325 square foot permanent easement is necessary for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works, including ingress and egress thereto, over, under, and across the 325 square foot easement area.

The drainage, flood control, and flood channel improvements along Santa Gertrudis Creek comprising the Project are in the public interest and necessity and are required to protect the natural waterway that experiences seasonal water flow and to provide protection from flooding to properties in the vicinity of Santa Gertrudis Creek.

E. Pursuant to California Government Code Section 66462.5, when a condition of a subdivision map approval or a development agreement requires the installation or construction of improvements on offsite property not owned or controlled by a developer, and title cannot be obtained by negotiated purchase, a city is required to commence proceedings to acquire off -site property by eminent domain or such off -site improvement conditions will be waived.

Pursuant to Government Code Section 66462.5(c), a city and a developer may enter into an agreement to allocate the costs and responsibilities for acquisition of such off -site property. The City and the developer entered into that certain Agreement Pursuant to Government Code Section 66462.5 Between Woodside 05S LP and Wingsweep Corporation, on the one hand, and City of Temecula, on the other, for Acquisition of Certain Real Property Interests (Sommers Bend) as of May 19, 2020 in connection with the subject offsite improvements.

Section 2. Adoption of Resolution of Necessity. The City Council of the City of Temecula adopts Resolution No. 2021-47, A Resolution of the City Council of the City of Temecula Declaring Certain Real Property Interests Necessary for Public Purposes and Authorizing the Acquisition Thereof for Drainage, Flood Control, and Flood Channel Improvement Purposes, and all Uses Necessary or Convenient Thereto Along the Santa Gertrudis Creek (325 Square Foot Permanent Easement on APNs 957-130-003 and 957-130-013).

Section 3. The City seeks to acquire by eminent domain the approximate 325 square foot permanent easement described below in Section 4 of this Resolution for public use, namely for drainage, flood control, and flood channel improvement purposes, and all uses necessary or convenient thereto along the Santa Gertrudis Creek in connection with the Project pursuant to the authority conferred on the City of Temecula to acquire real property by eminent domain by Section 19 of Article 1 of the California Constitution, Government Code Sections 37350, 37350.5, 37351, 40404, and 66462.5, California Code of Civil Procedure Section 1230.010 et seq. (Eminent Domain Law), including but not limited to Sections 1240.010, 1240.020, 1240.110, 1240.120, 1240.510, 1240.610, 1240.650 and by other provisions of law. Code of Civil Procedure, Section 1240.010 provides that "[t]he power of eminent domain may be exercised to acquire property only for a public use. Where the Legislature provides by statute that a use, purpose, object, or function is one for which the power of eminent domain may be exercised, such action is deemed to be a declaration by the Legislature that such use, purpose, object, or function is a public use." Government Code Section 66462.5(c) authorizes the City and the developer of a project for which the construction of offsite improvements are required to enter into an agreement requiring the developer to complete the improvements pursuant to Government Code Section 66462 at such time as the City acquires an interest in the land that will permit such improvements to be constructed. Government Code Section 66462.5(a) provides that a city or county may "acquire by FA

negotiation or commence eminent domain proceedings pursuant to Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article (commencing with Section 1255.410) of Chapter 6 of that title." Section 4. The City seeks to acquire that certain approximate 325 square foot permanent easement (referred to below as the "Subject Easement") on the real property located south of Nicolas Road and west of Butterfield Stage Road in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Numbers 957-130-003 and 957-130-013 ("Property") for public use, namely drainage, flood control, and flood channel improvement purposes, and all uses necessary or convenient thereto along the Santa Gertrudis Creek described more particularly on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein by this reference. The Property is owned by 3270 West Lincoln, LLC.

Section 5. Environmental Review. The environmental effects of the Project and the acquisition of the Subject Easement needed for the Project were studied and analyzed as an integral part of the Environmental Impact Report for the Roripaugh Ranch Specific Plan ("EIR") pursuant to the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 et seq., and the CEQA Guidelines, 14 Cal. Code Regs. Section 15000 et seq. ("CEQA Guidelines").

On November 26, 2002, the City Council adopted Resolution 02-111, A Resolution of the City Council of Temecula, California, Certifying the Final Environmental Impact Report Prepared for the Roripaugh Ranch Specific Plan and Related Planning Applications Actions and Adopting the Environmental Findings Pursuant to the California Environmental Quality Act, and the State CEQA Guidelines, a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations, in Connection therewith for the Roripaugh Ranch Specific Plan, Located near the Future Intersection of Butterfield Stage Road and Nicolas Road (Planning Application 94-0076).

Since the adoption of the EIR, five EIR Addendums have been prepared for the Development Project area. The most recent Addendum to the EIR was adopted on January 14, 2020.

On June 4th, 2021, City Staff reviewed the environmental documentation prepared in connection with the Development Project in connection with Staff s review of the proposed acquisition of the Subject Easement for the Project. City Staff reviewed the EIR, the First Addendum to the EIR adopted on April 23, 2013, the Second Addendum to the EIR adopted on March 22, 2016, the Third Addendum to the EIR adopted on January 23, 2018, the Fourth Addendum to the EIR adopted on November 6, 2019, the Fifth Addendum to the EIR adopted on January 14, 2020, and determined that the Project and acquisition of the property interests needed for the Project are consistent with the EIR and Addenda to the EIRs. Pursuant to the criteria of Section 15162 of the CEQA Guidelines and Section 21166 of the Public Resources Code, City Staff concluded that no substantial changes have occurred in the Development Project, no substantial changes have occurred in the circumstances under which the Development Project is undertaken, and the City has obtained no new information of substantial importance that would require further environmental analysis. These environmental findings are the appropriate findings with respect to the proposed acquisition of the Subject Easement for the Project.

Section 6. The Project, as planned and designed, is in the public interest and necessity and is needed for the construction of necessary flood control, flood channel, and drainage improvements along the Santa Gertrudis Creek. The Project requires the additional 325 square 3 foot Subject Easement to complete the necessary drainage, flood control, and flood channel improvements along Santa Gertrudis Creek. The Project cannot be constructed without the Subject Easement. The Subject Easement is for the construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works, including ingress and egress thereto, over, under, and across the area of the Subject Easement. The drainage, flood control, and flood channel improvements along Santa Gertrudis Creek are in the public interest and necessity and are required to protect the natural waterway that experiences seasonal water flow and to mitigate flooding of properties in the vicinity of Santa Gertrudis Creek consistent with the plans of the District.

Section 7. The Project, as planned and located, will help further Policy 6.3 of Goal 6 of the Land Use Element of the General Plan, which seeks to "[c]onserve the natural resources of area watercourses, including Santa Gertrudis, Temecula and Murrieta Creeks...". [General Plan, Land Use Element, page LU-47.] The Project also seeks to conserve the natural resources of Santa Gertrudis Creek and provide natural flood control methods to reduce capital and maintenance costs. [General Plan, Land Use Element, page LU-55] Further, the Project is planned and designed to maintain an effective, safe, and environmental compatible flood control system consistent with GM-9 goal of the Growth Management/Public Facilities element of the General Plan. The Project satisfies the goal of identifying and prioritizing areas of excessive flooding and working with the Riverside County Flood Control and Water Conservation District to construct appropriate flood control facilities to ensure public safety. Accordingly, the Project, as planned and designed, is in the public interest and necessity and will benefit the residents and owners in this area of the City.

After the drainage, flood control, and flood channel improvements are constructed, the City proposes to transfer its rights to the 325 square foot Subject Easement to the District for maintenance.

Section 8. The Project is planned and located in the manner that is most compatible with the greatest public good and the least private injury. The Project is planned and designed to construct necessary drainage, flood control, and flood channel improvements along the Santa Gertrudis Creek. It is also planned and located to minimize the impact on private parcels. The City seeks to acquire the small 325 square foot Subject Easement from the Property, which is located within the natural waterway known as Santa Gertrudis Creek. The Property is subject to two recorded Irrevocable Offers of Dedication that dedicate in perpetuity to the County of Riverside, on behalf of the District, an approximate 38,338 square foot easement and an approximate 100,795 square foot easement for flood control and drainage purposes for the construction, use, repair, reconstruction inspection, operation and maintenance of flood control facilities, and all appurtenant works, including ingress and egress thereto, over, under and across the property described more particularly in said Irrevocable Offers of Dedication. These Irrevocable Offers of Dedication were recorded against the Property at the time that the record owner purchased the Property by two separate tax auction sales. The 325 square foot Subject Easement is located near an existing twin tunnel culvert is improved along the eastern edge of the Property, and does not appear to be located in a buildable area on the Property. Further, the construction of the Project will not result in the displacement of any persons or businesses because the Property consists of vacant land, a large part of which is located within the Santa Gertrudis Creek.
a

Section 9. The public use for which the City seeks to acquire the approximate 325 square foot Subject Easement, namely for drainage, flood control, and flood channel improvement purposes, and all uses necessary or convenient thereto along the Santa Gertrudis Creek, will not unreasonably interfere with or impair the continuance of the public use to which any easement holders may have appropriated the area (Code of Civil Procedure Section 1240.510).

Section 10. Pursuant to Government Code Section 7260 et seq., the City obtained a fair market value appraisal of the Subject Easement and the Property and set just compensation for the Subject Easement in accordance with the fair market value. On November 5, 2020, the City extended a written offer pursuant to Government Code Section 7267.2 to the owner of record, 3270 West Lincoln LLC, via certified mail and regular first-class mail. The City's offer included an informational pamphlet describing the eminent domain process and the record owner's rights under the Eminent Domain law. In accordance with Government Code Section 7267.2, the City's written offer contained a written statement of and summary of the basis for, the amount it established as just compensation. The offer set forth the date of value used by the appraiser and explained the appraiser's opinion of the highest and best use of the Property. It also explained the applicable zoning of the Property. The offer also summarized the principal transactions relied on by the appraiser to arrive at the appraiser's opinion of value. In addition, the written offer explained the appraiser's valuation analysis, including an analysis of severance damages. It also included the comparable market data relied on by the appraiser. Further, the offer letter offered to pay the reasonable costs of 3270 West Lincoln LLC, up to $5,000, of an independent appraisal pursuant to Code of Civil Procedure Section 1263.025.

Section 11. The City provided written notice to the owner of record, 3270 West Lincoln LLC, pursuant to Code of Civil Procedure Section 1245.235 of the City Council's intent to consider the adoption of a Resolution of Necessity for the acquisition of the 325 square foot Subject Easement by eminent domain. It also notified the owner of the opportunity to appear before the City Council and raise questions about whether the public interest and necessity require the Project; whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and whether the Subject Easement the City seeks to acquire is necessary for the Project.

Section 12. Based on the evidence presented at the hearing regarding the acquisition of the approximate 325 square foot Subject Easement for the Project, including the Agenda Report, the documents referenced therein, and any oral or written testimony at the hearing, the City Council hereby finds and determines that:

A. The public interest and necessity require the Project; B. The Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; C. The approximate 325 square foot Subject Easement described more particularly on Exhibit "A" and depicted on Exhibit "B" hereto is necessary for the Project; and D. The City has made the offer required by Government Code Section 7267.2 to the owner of record of the Subject Easement the City seeks to acquire.

Section 13. The findings and declarations contained in this Resolution are based upon the record before the City Council, including the Agenda Report, and all documents referenced therein, all of which are incorporated herein by this reference and testimony and/or comments submitted to the City by the record owner or the owner's representative(s). These documents include, but are not limited to the City of Temecula General Plan, the documents relating to the Sommers Bend Development, offer letter sent to the owner pursuant to Government Code Section 7267.2, notice pursuant to Code of Civil Procedure Section 1245.235, and environmental documents relating to the Development Project.

Section 14. Authorization to File Eminent Domain Proceeding. The City Attorney's Office is authorized to take all steps necessary to commence and prosecute legal proceedings in a court of competent jurisdiction to acquire the 325 square foot Subject Easement in connection with the Project. The 325 square foot Subject Easement is described more particularly on Exhibit "A" and depicted on Exhibit "B" hereto.

Section 15. City Manager Authority. The City Manager is authorized to execute all necessary documents in connection with the eminent domain proceeding.

Section 16. Certification. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24`h day of August, 2021.
ann Edwards, Mayor
ATTEST:

Randi Johl, ity Clerk
[SEAL]

1 1
1 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. 2021-47 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 241h day of August, 2021, by the following vote:

AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart
NOES: 0 COUNCIL MEMBERS:

ABSTAIN: 0 COUNCIL MEMBERS:

ABSENT: 0 COUNCIL MEMBERS
None
None
None
Randi Johl, City Clerk

Exhibit "A"
Legal Description of 325 Square Foot Subject Easement
EXHIBIT "A"

FLOOD CONTROL EASEMENT
That portion of that certain parcel of land designated "Not A Part" on Map filed in Book 1, Page 64 of Parcel Maps, Riverside County Records, being a portion of Parcel "A" as described in Grant Deed recorded November 9, 2005 in Document No. 2005-0931546, Official Records of said County, State of California, lying within Section 20, Township 7 South Range 2 West, San Bernardino Base and Meridian, more particularly described as follows:

COMMENCING at the centerline intersection of Butterfield Stage Road (110.00 feet wide) and Nicholas Road (110.00 feet wide) as shown on Tract Map No. 29353-2, as filed in Book 342, Pages 73 through 85, inclusive of Maps in the office of the County Recorder of said County, said point being the beginning of a non -tangent 1600.00 foot radius curve, concave Southeasterly, a radial line to said point bears North 53'53'27" West;
THENCE Southwesterly along the centerline of said Butterfield Stage Road and the arc of said curve through a central angle of 19"18'07", a distance of 539.01 feet to the Easterly prolongation of the Southerly line of said Parcel "A'; THENCE along said Easterly prolongation and non -tangent to said curve North 89'25'41" West, a distance of 57.20 feet;
THENCE continuing along said Easterly prolongation, North 89025'41" West, a distance of 6.65 feet to the Southeast comer of said Parcel "A", said point being on the Easterly line of an Irrevocable Offer of Dedication as described in Document No. 2006-0290972, recorded April 21, 2006, Official Records of said County, said point also being on the Easterly line of said Section 20;
THENCE along the Easterly line of said Parcel "A", the Easterly line of said Irrevocable Offer of Dedication, and the Easterly line of said Section 20, North 00"34'18" East, a distance of 182.22 feet to a point on the Northerly line of said Parcel "A", said point being on the Northerly line of said Irrevocable Offer of Dedication; THENCE along said Northerly line, North 89°25'41' West, a distance of 97.18 feet to the TRUE POINT OF BEGINNING;
THENCE continuing along the Northerly line of said Irrevocable Offer of Dedication the following 5 courses:

Exhibit "A"
1 1086.0204/2543969v 1

1 THENCE South 74048'13" West, a distance of 13.94 feet to the beginning of a tangent

35.00 foot radius curve concave Northerly;
THENCE Westerly along the arc of said curve through a central angle of 19'25'18", a distance of 11.86 feet;
THENCE North 85'46'29" West, a distance of 75.59 feet to a line parallel with and 0.22 feet Southerly of the Northerly line of said Parcel "A"; THENCE along said parallel line, North 89'25'41" West, a distance of 200.20 feet to the beginning of a tangent 468.00 foot radius curve concave Northerly; THENCE Westerly along the arc of said curve through a central angle of 01'45'08", a distance of 14.31 feet to a point on the Northerly line of said Parcel "A"; THENCE along said Northerly line, South 89'25'41" East, a distance of 315.10 feet to the TRUE POINT OF BEGINNING.

Containing 325 square feet, more or less.

This description was prepared by me or under by direction EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

William Rohal L.S. 8805
1- 17- ZoI
Date
Exhibit "A"
11086.0204/2543969v1

Exhibit "B"
ction of 3z, Nauare toot Subiect Easement
NO2' 19' 27"E RAO 325 SQ. FT. TPOB
-----_ f S89'25'41"F 315.10'
N89'25'41"W 200.20'1 --' 11 C2

NORTHERLY LINE OF
DETAIL "A" OFFER OF DEDICATION
PER DOC NO 2046'-0290972
SHEET 1 OF 1
L3-S
4D
N.T.S. REC. 4-21-2006
TLY NE
E�SECT
DETAIL "A" -- TPOB
IONI 0
wLO
N'LY. LINE PARCEL ASEE
wN
PER DOC. NO. 2005-0931 4—�'--�-
a
a ci
Z
— --�—
-
w
•� L3
o

PARCEL A
DOC. NO. 2005-0931546LLJ
5E'LY. COR.

REC. 11-9-2005

PARCEL A
APN 957-130-003
PER DOC.

OFFER OF DEDICATION
NO.2005-
PER DOC NO 2006-0290972
0931546

LINE TABLE

NAME DIRECTION
L1 N 85046'29'
W
L2 S 74'48'13'
W
L3 N 89'25'41'
W
L4 N 89'25'41'
W
L5 N 89'25'41"
W
REC. 4-21-2006
S89' 25' 41"E 556.00' f
S'LY.LINE PARCEL A J
PER DOC. NO. 2005,0931546
N53' 53' 27"W RAD
POC -�
i
I � /
w
90 N
N
Q N
M m
a /
15 -fir rr
rr r
N73' 11' 34"'R RAQ _lf
LENGTH

75.59' CURVE TABLE1

13.94' NAME DELTA RADIUS ARC

97.18- -------------------------------- SCALE: 1° = 100'

57.20' Cl 1045'08' 468.00' 14.31`

6.65' C2 19'25'18' 35.00' 11.86' FM
100 0 160 200
171' ICY.VAAVtAUL SWIL 1"C. EXHIBIT "B"
51A °'°' FLOOD CONTROL EASEMENT
rn,rllr I. rc��slrl�
RKH
ltit.kNlNf; C;OMt'ANY i.l.cnii•tcnn�.i om
R,"& 5a SCALE: 1"100' DATE: MAY 15 2018
Gt\17B1t_1\17a83 AN - Survey-Napping\Survey\17B83AMptt06_FkJCntrEase- 1.dgn PLOT DATES 11-JAN-2019 JN 17883
Y•
u
Exhibit "B"
I I 086.0204/2543969v I

Recorded at request of, and return to:

Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
With a copy to:

City of Temecula
4100 Main Street
Temecula, California 92590
Attention: City Clerk's Office
NO FEE (GOV. CODE 6103)

SANTA GERTRUDIS CREEK

CHANNEL IMPROVEMENTS
Project No.

SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s)
DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL
ENTITY OR POLITICAL SUBDIVISION R&T 11922

QUITCLAIM DEED
The CITY OF TEMECULA, a municipal corporation ("CITY") acquired an approximate 325 square foot permanent easement described more particularly below for public use, namely for construction, use, repair, reconstruction, inspection, operation, and maintenance of the Santa Gertrudis Channel facilities and all appurtenant works pursuant to that certain Grant of Easement recorded on May 6, 2022 as Document Number 2022-0212716 of the Official Records of the County of Riverside ("Subject Easement").

NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt and sufficiency of which are hereby acknowledged, the CITY does hereby remise, release and forever quitclaim to the RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic, all of the CITY's rights, title and interest in and to that certain Subject Easement situated in the City of Temecula, County of Riverside, State of California, described as follows:

See legal description and depiction attached hereto as Exhibit "A" and Exhibit `B", and made part hereof.

CITY OF TEMECULA, a municipal
corporation
Date: By:

MATT RAHN, Mayor

ATTEST:

Randi Johl, City Clerk
(SEAL)

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed from CITY OF TEMECULA ("Grantor"), a municipal corporation to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), a body politic, is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

Date:

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
JASON E. UHLEY
General Manager - Chief Engineer

EXHIBIT "A"

FLOOD CONTROL EASEMENT
That portion of that certain parcel of land designated "blot A Part"on Map filed in Book

1. Page 64 of Parcel Maps, Riverside County Records, being a portion of Parcel "A" as described in Grant Deed recorded November 9, 2005 in Document No. 200"931546, Off 1dal Records of said County, State of Califarnia, lying within Sectlon 20, Township 7 South Range 2 West, San Bernardino Base and Meridian, more particularly described as follows:

COMMENCING at the centerline intersection of Butterfield Stage Road (110.00 feet wide) and Nicholas Road (110.00 feet wide) as shown on Tract Map No. 29353-2, as filed in Book 342, Pages 73 through 85, inclusive of Maps in the office of the County Recordor of said Gounty, said paint being the beginning of a non -tangent 1600.00 foot radius curve, concave Southsastarly, a radial line to said point bears North 53°53'27" West;
THENCE Southwesterly along the centerline of said Butterfield Stage Road and the are of said curve through a central angle of 19'18'07", a distance of 539.01 feet to the Easterly prolongation of the Southerly line of said Parcel "A"; THENCE along said Eastedy prolongation and non -tangent to said curve North 89°25"41" West, a distance of 57.20 feet;
THENCE continuing along said Easterly prolongation, North 89°25'41" West, a distance of 6.65 feet to the Southeast corner of said Parcel °'A", said point being on the Easterly line of an Irrevocable Offer of Dedication as described in Document No_ 2006-0290972. recorded April 21, 2006, Official Records of said County, said point also being a the Easterly line of said Section 20;
THENCE along the Easterly line of said Parcel "A", tJhe Easterly line of said Irrevocable Offer of Dedication, and the Easterly line of said Section 20, North 00'34'18" East, a distance of 182.22 feet to a point on the Northerly IIne of Bald Parcel "A", said polnt being on the Northerly line of said Irrevocable Offer of Dedication; THENCE along said Northerly Iine, North 89°25'41" West, a distance of 97.18 feat to the TRUE POINT OF BEGINNING;
THENCE continuing along the Northerly line of said Irrevocable Offer of Dedication the fallowing 5 courses;

THENCE South 74`4813' West, a distance of 13,94 foot to the beginning of a tangent

35.00 foot radius curve concave Northerly-P
THEN C E Westerly along the arc of said curve through a central angle of 19'25'18", a distance of 11.85 feet;
THENCE North 85°46'29' West, a distance of 75.59 feet to a line parallel with and 9.22 feet Southerly of the Northerly line of said Parcel "A"; THENCE along said parallel line, North 89'25'41" West, a distance of 200.20 feet to the beginning of a tangent 468.90 feet radius curve concave Northerly:

THENCE Westerly along the arc of said curve through a central angle of 01"45'08", a distance of 14.31 feet to a point on the Northerly line of said Parcel "A"; THENCE along said Northerly line, South 89`25'41" East, a distance of 31 5. 10 feet to the TRUE POINT OF BEGINNING.

Containing 325 square feet, more or less_
This description was prepared by me or under by direction EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART

HEREOF,
William Rahal L_S. 8805
Date
-2-

Map of Subject Property to be Acquired
NOV 19, 271 RAD 325 SO. FT. TPOB
589'25.41"F 315.10'
lk
ClN89' 25' 41 "w 200. 2' - C2 4
"THERLY LINE OF
DEfAiL"A" OFFER OF DEDICATION
N.T.S. PER DOC, N0. 2006-0290972
EEC. 4-21-NOS

EASTERLY LINE
J N'LY. LINE PARCEL AEE DETAIL "A" TPOR SECTION 20
o PER DOC. NO. 20DS-0931SIG
cv
a
a� --��
n52 a EARC,EL A
DOC_ NO- 2005-0931546 5E'LY. CAR.

REC_ II-9-2406 PARCEL A
bPN 957-130-643 PER DOC.

OFFER OF DE11ICAT1011NO.2005-
PER DOC, N0, NOG-029O 7 0931546
REC.4-21-2045 �a
5B9`25'4I"E 55E.00'
SILY. LINE PARCEL k LS
PER OCC. N0. 2045-4931546
SHEET 1 OF I
f,
O
N53' 53'27" W ND Q<16' J
-- — PQC�
I z .1
LINE TABLE FTfi3'11'34"� AA _ ! r oou
NAVE* DIRECTIOR LENGTH lYr+ r+JJ
_ ................ _ ti
LI + N 85'46.2g'-w - -75 59' -CURVE TABLE CPCA%
{2 S 74'48'13` w 13,94' NAME DELTA RADIUS ARC
0 N 89'25'41` w 91.18, -------------------------------- SCALE- I'm 100' L4 N 69'25'41' W 57-2A' Cl I'46'08' 468.00' 14.31'

1.5 N 89'25'41' W 6,66, C2 19'26"18' 35.00, 11.86'
100 0 100 200
iwommvhrV�Wr,2LWTEiUo EXHIBIT 'L.1`F
RIVER5IGCA E,02501
B51.782.07V FLOOD CONTROL LA LMENT
(F,6k]661.7i2Q72H
07 ENG11 Ef 14fNG 4.OMFA,PIY rlcNc n=Incrrin4.c om
Rh."de SaInp - orww-5anLuBuhlpo-6gm�llrld-3�v -Fbwi--T� SCALE; it t-M' DATE: MAY 15 2018 Cb\17=\17M AM - Survey-Wapping\Survey\17883AMp"G-F JCntrEaaa-9,dgn PLOT DATE; 11-JAN-2499 JN 17883

Item No. 22

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: June 14, 2022
SUBJECT: Approve Quitclaim Deed Releasing All of the City's Rights, Title and Interest in 9,938 Square Feet Parcel of Land Located on West Side of Murrieta Creek, East of Pujol Steet and South of First Street to the Riverside County Flood Control and Water Conservation District
PREPARED BY: Amer Attar, Engineering Manager
Patrick Thomas, Director of Public Works/City Engineer
RECOMMENDATION: That the City Council:

1. Adopt a resolution entitled:

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING QUITCLAIM DEED RELEASING ALL

OF THE CITY'S RIGHTS, TITLE AND INTEREST IN THE
APPROXIMATE 9,938 SQUARE FOOT PARCEL LOCATED ON

WEST SIDE OF MURRIETA CREEK, EAST OF PUJOL STREET

AND SOUTH OF FIRST STREET TO THE RIVERSIDE COUNTY

FLOOD CONTROL AND WATER CONSERVATION DISTRICT
(REFERENCED AS RCFC PARCEL NO. 7021-36)

2. Authorize the Mayor to execute the Quitclaim Deed releasing all of the City's rights, title and interest in the approximate 9,938 square foot parcel of land located on west side of Murrieta Creek, east of Pujol Street and south of First Street to the Riverside County Flood Control and Water Conservation District.

BACKGROUND: The City of Temecula entered into the Joint Funding Agreement for the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project with the Riverside County Flood Control and Water Conservation District (District) and City of Murrieta on January 11, 2004. This agreement provides that the District shall secure all necessary rights of way for Project's construction, operation and maintenance. The agreement also provides that the

City shall receive credit for rights of way furnished for the project as part of the City's contribution requirement for the project.

The United States Army Corps of Engineers (USACOE) has completed construction of Phase 1 and Phase 2A of the Murrieta Creek Improvements Project. The Phase 2A portion of the project includes a DG trail on the west side of Murrieta Creek, south of First Street, which requires right- of-way as requested by the District. The City's interests in the subject right of way is based on the Map of the Town of Temecula, San Diego County, California, dated August 24, 1892; showing a 30 feet wide street adjacent to the California Southern Railroad. Because a title report was not able to determine clear ownership rights to the various portions of the approximate 9,938 square foot subject parcel, the District requested that the City execute a Quitclaim deed releasing to the District all of the City's rights, title and interest to said strip.

The City and the District have entered into the Specific Facility License Exhibit (SFLE) No. 3 for the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project — East Bank and West Bank Trails (Phases I and 2A). This agreement includes the portion of DG trail constructed within the Quitclaim Deed parcel. Accordingly, the quitclaim of the 9,938 square foot subject parcel will benefit the residents and visitors of Temecula that use the DG trail.

FISCAL IMPACT: There is no fiscal impact to the City as result of approval of the Quitclaim Deed. The City will receive credit for the value of the property as part of the City's contribution requirement for the Murrieta Creek Project. The City and the District will determine the amount of the credit at a later date.

ATTACHMENTS: 1. Resolution

2. Quitclaim Deed

RESOLUTION NO.2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING QUITCLAIM DEED RELEASING

ALL OF THE CITY'S RIGHTS, TITLE AND INTEREST IN
APPROXIMATE 9,938 SQUARE FOOT PARCEL LOCATED

ON WEST SIDE OF MURRIETA CREEK, EAST OF PUJOL

STREET AND SOUTH OF FIRST STREET TO THE

RIVERSIDE COUNTY FLOOD CONTROL AND WATER

CONSERVATION DISTRICT (REFERENCED AS RCFC
PARCEL NO.7021-36)

THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Findings.

A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California.

B. On August 10, 2004, the City Council of the City of Temecula approved the Joint Funding Agreement with the Riverside Flood Control and Water Conservation District ("District") and the City of Murrieta for the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project ("Project").

C. According to the Joint Funding Agreement, the District is required to secure all necessary rights of way for the Project's construction, operation and maintenance.

D. The City shall receive credit for Project rights of way furnished by the City on the basis of an independent appraisal performed by a qualified real estate appraisal firm retained by the District.

E. The United States Army Corps of Engineers (USACOE) has completed construction of Phase 1 and Phase 2A of the Murrieta Creek Improvements Project. The Phase 2A portion of the project includes a DG trail on the west side of Murrieta Creek, south of First Street, which requires right-of-way as requested by the District. The City's interests in the subject right of way is based on the Map of the Town of Temecula, San Diego County, California, dated August 24, 1892; showing a 30 feet wide street adjacent to the California Southern Railroad. Because a title report for this parcel was not able to determine clear ownership rights to the various portions of the approximate 9,938 square foot subject parcel, the District requested that the City execute a Quitclaim deed releasing to the District all of the City's rights, title and interest to said strip described more particularly in the Quitclaim Deed.

F. The City and the District have entered into the Specific Facility License Exhibit (SFLE) No. 3 for the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project — East Bank and West Bank Trails (Phases 1 and 2A). This agreement includes the portion of DG trail constructed within the approximate 9,938 square foot subject parcel.

Accordingly, the quitclaim of the 9,938 square foot subject parcel will benefit the residents and visitors of Temecula that use the DG Trail.

Section 2. Adoption of Resolution No. 2022- . The City Council of the City of Temecula adopts Resolution No. 2022- , a Resolution of the City Council of the City of Temecula approving Quitclaim Deed releasing all of the City's rights, title and interest in the approximate 9,938 square feet parcel of land located on west side of Murrieta Creek, east of Pujol Street and south of First Street to the Riverside County Flood Control and Water Conservation District.

Section 3. Certification. The City Clerk shall certify the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 14th day of June, 2022.

Matt Rahn, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

243475
Recorded at request of, and return to:

Riverside County Flood Control and
Water Conservation District
1995 Market Street
Riverside, California 92501
With a copy to:

City of Temecula
41000 Main Street
Temecula, California 92590
Attention: City Clerk's Office
NO FEE (GOV. CODE 6103) SPACE ABOVE THIS LINE FOR RECORDER'S USE MURRIETA CREEK PROJECT The undersigned grantor(s) declare(s) Project No. 7-0-00021 DDT: - 0 - THE CONVEYANCE IS TO A GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION R&T 11922

QUITCLAIM DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the CITY OF TEMECULA, a municipal corporation, does hereby remise, release and forever quitclaim to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body politic, all of the City's right, title and interest in the real property situated in the City of Temecula, County of Riverside, State of California, described as follows:

See legal description and depiction attached hereto as Exhibit "A" and Exhibit `B", and made part hereof, to be referenced hereafter as RCFC Parcel No. 7021-36.

Date
ATTEST:
10 Randi Johl, City Clerk
CITY OF TEMECULA, a municipal corporation:

LN
MATT RAHN, Mayor
(SEAL)

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Quitclaim Deed, datedfrom CITY OF TEMECULA ("Grantor"), a municipal
corporation to RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ("Grantee"), a body politic, is hereby accepted by the undersigned officer on behalf of the Board of Supervisors of the Riverside County Flood Control and Water Conservation District pursuant to authority conferred by Resolution No. 474 of the Board of Supervisors of said District adopted on May 12, 1961, and the Grantee consents to the recordation thereof by its duly authorized officer.

RIVERSIDE COUNTY FLOOD CONTROL

AND WATER CONSERVATION DISTRICT
Date:

JASON E. UHLEY
General Manager -Chief Engineer
Project: Murrieta Creek
Project No. 7-0-00021
RCFC Parcel No. 7021-36
YKW: amh

RIVERSIDE COUN T"Y FLOOD CONTROL AND WATER

CONSERVATION DISTRICT
EXHIBIT "A"

LEGAL DESCRIPTION

MURRIETA CREEK
Parcel No. 7021-36
In the City of Temecula, County of Riverside, State of California, being that portion of the 30.00 foot wide street, lying southwesterly of Lots 3 and 4, as shown on the Map of the Town of Temecula, filed August 24, 1892, in Book 15, Page 726, of Maps, records of San Diego County, described as follows:

Beginning at the southwest corner of Parcel 7021-12 as shown on that Record of Survey, filed in Book 114, Pages 95 through 99, inclusive, of Records of Survey, records of Riverside County; Thence North 15°42'05" West 459.00 feet along the westerly line of said Parcel 7021-12 and the westerly line of Parcel 7021-14 as shown on said Record of Survey; Thence South 04°46'46" West 60.02 feet to a line parallel with and 21.00 feet westerly of said westerly lines;
Thence South 15°42'05" East 213.58 feet along said parallel line; Thence South 03°16'34" East 23.24 feet to a line parallel with and 26.00 feet westerly of said westerly lines;
Thence South 15142'05" East 166.50 feet along said parallel line to the northerly line of Parcel 7021-7 as shown on said Record of Survey;
Thence North 74'18'23" East 26.00 feet along said northerly line to the Point of Beginning; Containing 9,938 square feet / 0.228 acres more or less.

See Exhibit "B" attached hereto and made a part hereof.

R. A4 ' L
S crl,Fo !�
A ES R. McNEILL
NO. 7752
�. 12/31 /23 * Land Surveyor No. 7752
OFCALIV05"j Date:

Page 1 of 1 ends

Temecula City CouncilJune 14, 2022

Temecula City Council
June 14, 2022