Temecula City Council
April 11, 2023

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title 11].

AGENDA

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
APRIL 11, 2023 - 6:00 PM
CALL TO ORDER: Mayor Zak Schwank
INVOCATION: Buck Longmore, Retired Firefighter
FLAG SALUTE: Mayor Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Presentation of Proclamation for DMV/Donate Life Month
Presentation of Proclamation for Innovation Month

ANNUAL JOINT MEETING - CITY COUNCIL AND RACE, EQUITY, DIVERSITY AND

INCLUSION COMMISSION

BOARD / COMMISSION REPORTS
Community Services Commission

PUBLIC SAFETY REPORT
County of Riverside, Riverside County Sheriffs Department

PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the City Council on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

City Council Agenda April 11, 2023

CITY COUNCIL REPORTS
Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, ten minutes will be devoted to these reports.

CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the City Council request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the City Council on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record.

Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda

2. 3.

4. Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

Attachments: Agenda Report
Approve Action Minutes of March 28, 2023
Recommendation: That the City Council approve the action minutes of March 28, 2023.

Attachments: Action Minutes
Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

Attachments
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A
Agenda Report
Resolution
List of Demands
Approve Amended and Restated Office Lease and Memorandum of Lease Between the City of Temecula and Temecula Vallev Convention & Visitors Bureau dba Visit Temecula Vallev Recommendation: That the City Council approve the amended and restated office lease and

City Council Agenda April 11, 2023
memorandum of lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley in substantially the form as attached and authorize the Assistant City Manager to execute same.

Attachments: Agenda Report
Amended and Restated Office Lease
Memorandum of Lease

5. Adopt Resolution Regarding the Addressing of Accessory and Junior Accessory Dwelling Units (Long Range Planning Project No. LR23-0110)
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING AN ADDRESSING POLICY FOR

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND MAKING THE FINDING OF EXEMPTION
UNDER SECTIONS 15061(B)(3) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ("CEQA") (LONG RANGE
PLANNING PROJECT NO. LR23-0110)
Attachments: Agenda Report
Resolution

6. Approve Second Amendment to Agreement for Consultant Services with Hicks & Hartwick Inc., for Engineering Plan Check Services
Recommendation: That the City Council approve the second amendment to the agreement for consultant services with Hicks & Hartwick, Inc., for engineering plan check services, to extend the term of the agreement to June 30, 2025, and increase payment in the amount of $100,000, for a total agreement value of $200,000.

Attachments: Agenda Report
Second Amendment

7. Approve Freeway Maintenance Agreement with State of California, Department of Transportation (Caltrans)
Recommendation: That the City Council approve the Freeway Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans).

Attachments: Agenda Report
Agreement

City Council Agenda April 11, 2023

8. Approve Agreement for Consultant Services with Falcon Engineering Services, Inc. for the I-15 / French Valley Parkway Improvements - Phase II, PW 16-01 Recommendation: That the City Council approve the agreement with Falcon Engineering Services, Inc., in an amount not to exceed $8,880,275.70, to provide professional construction management services for the I-15 / French Valley Parkway Improvements - Phase II, PW 16-01.

Attachments: Agenda Report
Agreement
Project CIP Budget Sheet

9. Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050 and Appropriate Additional Funding for Emergency Repairs
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A

NEED TO CONTINUE THE ACTIONS AUTHORIZED BY
RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY

CONDITION AND DECLARING THAT THE PUBLIC INTEREST

AND NECESSITY REQUIRES CERTAIN WORK TO BE

PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT TO
PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050, AND BY
RESOLUTION NOS. 2023-20 AND 2023-26, FINDING THAT AN

EMERGENCY CONDITION CONTINUES TO EXIST, AND TO

APPROPRIATE FUNDING FOR EMERGENCY REPAIRS
Attachments: Agenda Report
Resolution

RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA

COMMUNITY SERVICES DISTRICT, THE SUCCESSOR AGENCY TO THE TEMECULA

REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND/OR THE

TEMECULA PUBLIC FINANCING AUTHORITY

City Council Agenda April 11, 2023

TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CALL TO ORDER: President James Stewart
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

CSD PUBLIC COMMENTS - NON -AGENDA ITEMS
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

CSD CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Community Services District request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

10. Approve Action Minutes of March 28, 2023
Recommendation: That the Board of Directors approve action minutes of March 28, 2023.

Attachments: Action Minutes

CSD DIRECTOR OF COMMUNITY SERVICES REPORT

CSD GENERAL MANAGER REPORT

CSD BOARD OF DIRECTOR REPORTS

CSD ADJOURNMENT
The next regular meeting of the Temecula Community Services District will be held on Tuesday, April 25, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

City Council Agenda April 11, 2023

SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY - NO

MEETING

TEMECULA HOUSING AUTHORITY - NO MEETING

JOINT MEETING - TEMECULA PUBLIC FINANCING AUTHORITY / CITY COUNCIL CALL TO ORDER: Chair Zak Schwank
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

TPFA PUBLIC COMMENT
A total of 30 minutes is provided for members of the public to address the Board of Directors on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected]. Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

TPFA / CITY COUNCIL CONSENT CALENDAR
All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Temecula Public Financing Authority request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Board of Directors on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the City Clerk or by submitting an email to be included into the record. Email comments must be submitted to [email protected].

Speaker cards for in -person comments will be called in the order received by the City Clerk. Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54.

11. Approve Deposit Agreement and Initiate Community Facilities District Formation Proceedings Related to the Altair Development
Recommendation:

That the City Council/Board of Directors adopt resolutions entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT

AGREEMENT - ALTAIR
RESOLUTION NO. TPFA

City Council
Agenda April 11, 2023

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

TEMECULA PUBLIC FINANCING AUTHORITY

ACKNOWLEDGING RECEIPT OF A PETITION AND DEPOSIT

RELATIVE TO THE FORMATION OF A COMMUNITY FACILITIES

DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS WITH

RESPECT THERETO - ALTAIR
Attachments: Agenda Report
City Council Resolution
TPFA Resolution
Petition
Deposit -Reimbursement Agreement

TPFA EXECUTIVE DIRECTOR REPORT

TPFA COUNCIL BOARD OF DIRECTOR REPORTS

TPFA ADJOURNMENT
The next regular meeting of the Temecula Public Financing Authority will be held on Tuesday, April 25, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

City Council Agenda April 11, 2023

RECONVENE TEMECULA CITY COUNCIL

ITEMS FOR FUTURE CITY COUNCIL AGENDAS
Any Council Member, including the Mayor, may request an item be placed on a future agenda. Any such request will be discussed under this section. In making the request, a Council Member may briefly describe the topic of the proposed agenda item and any timing associated with the placement of the item on the agenda. This description shall not exceed 3 minutes. No substantive discussion on the subject of the motion may occur. Items may only be placed on the agenda by Council Members pursuant to policy or by the City Manager based on administrative or operational needs of the City. Public comments on the placement of these agenda items shall be limited to a maximum of 30 minutes. Individual comments shall not exceed 3 minutes. All public participation is governed by the Council Policy regarding Public Participation at Meetings and Agenda Placements by Council Members adopted by Resolution No. 2021-54.

CITY MANAGER REPORT

CITY ATTORNEY REPORT

ADJOURNMENT
The next regular meeting of the City Council will be held on Tuesday, April 25, 2023, at 4:30 p.m., for a Closed Session, with regular session commencing at 6:00 p.m., at the Council Chambers located at 41000 Main Street, Temecula, California.

NOTICE TO THE PUBLIC
The full agenda packet (including staff reports, public closed session information, and any supplemental material available after the original posting of the agenda), distributed to a majority of the City Council regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the City Clerk's Department at (951) 694-6444.

Item No. 1

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: April 11, 2023
SUBJECT: Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. In accordance with Government Code Section 34934, the title of each ordinance is included on the published agenda and a copy of the full ordinance has been available to the public online on the City's website and will be available in print at the meeting prior to the introduction or passage of the ordinance. Unless otherwise required, the full reading of the title and text of all ordinances and resolutions is waived.

FISCAL IMPACT: None
ATTACHMENTS: None

Item No. 2

ACTION MINUTES

TEMECULA CITY COUNCIL

REGULAR MEETING

COUNCIL CHAMBERS
41000 MAIN STREET

TEMECULA, CALIFORNIA
MARCH 28, 2023 - 6:00 PM
CLOSED SESSION - 5:00 PM
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(1) with respect to one matter of pending litigation: In re National Opiate Litigation, MDL No. 2804, Case No. 1:17-MD-2804 (Federal District Court N.D. Ohio).

CONFERENCE WITH LEGAL COUNSEL — INITIATION OF LITIGATION. The City Council convened in closed session with the City Attorney pursuant to Government Code Section 54956.9(d)(4) with respect to one matter of potential litigation. A point has been reached where, in the opinion of the City Attorney, based on existing facts and circumstances, there is a significant exposure to litigation involving the City and the City Council will decide whether to initiate litigation.

CALL TO ORDER at 6:00 PM: Mayor Zak Schwank
INVOCATION: Chaplain Themba M. Mzizi, Ph.D., Riverside County Sheriffs Department FLAG SALUTE: Council Member Jessica Alexander
ROLL CALL: Alexander, Brown, Kalfus, Schwank, Stewart

PRESENTATIONS
Presentation of Proclamation to Professional Women Toastmasters Club for Toastmasters Month

ANNUAL JOINT MEETING - CITY COUNCIL AND PLANNING COMMISSION

BOARD / COMMISSION REPORTS
Planning Commission

PUBLIC SAFETY REPORT
County of Riverside, Fire Department (CAL FIRE)

PUBLIC COMMENTS - NON -AGENDA ITEMS
The following individual(s) addressed the City Council:
• Enno Scint
• Jennifer Reeves
• Slim Killens
• Bob Kowell
• Gillian Larson
• Greg Langworthy
• Julie Geary
0 Dale Stewart

All electronic comments received were made a part of the record of the meeting.

PUBLIC COMMENTS - AGENDA ITEMS
The following individual(s) addressed the City Council:
• Laurel Lamont (Item #13)

CITY COUNCIL REPORTS

CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.

Approved the Staff Recommendation (5-0): Motion by Stewart, Second by Alexander. The vote reflected unanimous approval.

1. Waive Reading of Title and Text of All Ordinances and Resolutions Included in the Agenda Recommendation: That the City Council waive the reading of the title and text of all ordinances and resolutions included in the agenda.

2. Approve Action Minutes of March 14, 2023
Recommendation: That the City Council approve the action minutes of March 14, 2023.

3. Approve List of Demands
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS

SET FORTH IN EXHIBIT A

4. Receive and File General Plan and Housing Element Annual Progress Report for the Period of January 1, 2022 to December 31, 2022
Recommendation: That the City Council receive and file the General Plan and Housing Element Annual Progress Report for the period of January 1, 2022 to December 31, 2022.

5. Approve the Amended Salary Schedule Effective March 28, 2023 Recommendation: That the City Council approve the amended salary schedule to be effective March 28, 2023.

6. Approve Consultant Agreement with TK Consulting Inc. for Ynez Road Improvements Between Tierra Vista Road and Rancho Vista Road, Phase I, PW23-02

Recommendation: That the City Council:

1. Approve a consultant agreement with TK Consulting Inc. in the amount of $461,610 for the for Ynez Road Improvements between Tierra Vista Road and Rancho Vista Road, Phase I, PW23-02; and

2. Authorize the City Manager to approve extra work authorizations not to exceed the contingency amount of $46,161, which is equal to 10% of the agreement amount.

7. Approve Project Application and Commitment of Local Funds for Riverside County Transportation Commission 2023 Western Riverside County Regional Arterials Call for Projects
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING THE APPLICATION FOR RIVERSIDE
COUNTY TRANSPORTATION COMMISSION 2023 WESTERN

RIVERSIDE COUNTY REGIONAL ARTERIALS CALL FOR

PROJECTS AND THE COMMITMENT OF LOCAL FUNDS

8. Grant an Easement to Southern California Edison Company Located Within the Wolf Creek Trail Park (APN 961-331-017)
Recommendation:

That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA GRANTING AN EASEMENT TO THE SOUTHERN

CALIFORNIA EDISON COMPANY LOCATED WITHIN THE WOLF
CREEK TRAIL PARK (APN 961-331-017)

9. Establish All -Way Stop Control at the Intersection of Pujol Street and Main Street Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-25

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, ESTABLISHING AN ALL -WAY STOP CONTROL AT

THE INTERSECTION OF PUJOL STREET AND MAIN STREET

AND FINDING THAT THE ACTION IS EXEMPT FROM

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER
SECTION 15301(C) OF THE CEQA GUIDELINES
3 10. Receive and File Temporary Street Closures for 2023 Springfest Events Recommendation: That the City Council receive and file the temporary closure of certain streets for the following 2023 Springfest Events:

TEMECULA BLUES FESTIVAL

COMMUNITY SERVICES EXPO

ROD RUN

TEMECULA CULTUREFEST

A TRIBUTE TO HEROES

11. Adopt Resolution Finding that an Emergency Condition Continues to Exist Within the Meaning of Public Contract Code Sections 20168 and 22050
Recommendation: That the City Council adopt a resolution entitled:

RESOLUTION NO. 2023-26

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA, CALIFORNIA, DETERMINING THAT THERE IS A

NEED TO CONTINUE THE ACTIONS AUTHORIZED BY
RESOLUTION NO. 2023-17 DECLARING AN EMERGENCY

CONDITION AND DECLARING THAT THE PUBLIC INTEREST

AND NECESSITY REQUIRES CERTAIN WORK TO BE

PERFORMED WITHOUT COMPETITIVE BIDDING PURSUANT
TO PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050
RECESS:

At 7:31 PM, the City Council recessed and convened as the Temecula Community Services District Meeting. At 7:34 PM the City Council resumed with the remainder of the City Council Agenda.

RECONVENE TEMECULA CITY COUNCIL

BUSINESS

13. Receive and File a Presentation on Affordable Housing in the City of Temecula (At the Request of Mayor Pro Tem Stewart)
Recommendation: That the City Council receive and file a presentation on affordable housing within the City of Temecula.

Receive and file only, no action.

DEPARTMENTAL REPORTS (RECEIVE AND FILE)

14. Community Development Department Monthly Report

15. Fire Department Monthly Report
4 16. Police Department Monthly Report

17. Public Works Department Monthly Report

ITEMS FOR FUTURE CITY COUNCIL AGENDAS

CITY MANAGER REPORT

CITY ATTORNEY REPORT
In closed session tonight the Council considered the National Opioids Litigation. The City Council, by a 5-0 vote, agreed to participate in the 2022 Settlements of the National Opioid Litigation with opioid manufacturers Allergan and Teva, and opioid pharmaceutical distributors CVS, Walgreens and Walmart. The Council also directed that the settlement payments be transferred to the County of Riverside for its opioid remediation programs. Council further directed the City Manager and Staff to take the actions necessary to approve the settlements and implement the settlement payments. No other reportable actions from closed session.

ADJOURNMENT
At 8:25 PM, the City Council meeting was formally adjourned to Tuesday, April 11, 2023, at 4:30 PM for Closed Session, with regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.

Zak Schwank, Mayor
ATTEST:

Randi Johl, City Clerk
[SEAL]

Item No. 3

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: April 11, 2023
SUBJECT: Approve List of Demands
PREPARED BY: Pam Espinoza, Accounting Technician II
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS

AS SET FORTH IN EXHIBIT A
BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting.

FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures.

ATTACHMENTS: 1. Resolution

2. List of Demands

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA ALLOWING CERTAIN CLAIMS AND

DEMANDS AS SET FORTH IN EXHIBIT A

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

Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $ 5,717,367.27.

Section 2. The City Clerk shall certify the adoption of this resolution.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 lth day of April, 2023.

Zak Schwank, 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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ith day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

CITY OF TEMECULA

LIST OF DEMANDS
03/15/2023 TOTAL CHECK RUN:
03/16/2023 TOTAL CHECK RUN:
03/21/2023 TOTAL CHECK RUN:
03/23/2023 TOTAL CHECK RUN:
03/16/2023 TOTAL PAYROLL RUN:
2,559,594.07
1,100,124.68
749,021.10
625,015.19
683,612.23
TOTAL LIST OF DEMANDS FOR 04/11/2023 COUNCIL MEETING: $ 5,717,367.27

DISBURSEMENTS BY FUND: CHECKS
001

GENERAL FUND
2,952,114.64
110
COVID-19 PANDEMIC COMMUNITY REINVESTMENT
262,500.00
140

COMMUNITY DEV BLOCK GRANT
13,739.07
165

AFFORDABLE HOUSING
4,256.55
170

MEASURE A FUND
28,268.43
190

TEMECULA COMMUNITY SERVICES DISTRICT
227,109.68
192
TCSD SERVICE LEVEL "B" STREET LIGHTS
26,461.29
194

TCSD SERVICE LEVEL D REFUSE RECYCLING
8,176.82
196
TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
11,451.32
197

TEMECULA LIBRARY FUND
20,082.04
210

CAPITAL IMPROVEMENT PROJECTS FUND
962,631.53
300

INSURANCE FUND
30,017.77
305

WORKERS' COMPENSATION
3,241.74
310

VEHICLES AND EQUIPMENT FUND
38,454.49
320

INFORMATION TECHNOLOGY
132,370.26
330

SUPPORT SERVICES
7,472.14
340

FACILITIES
75512.93
478
CFD 16-01 RORIPAUGH PHASE II
46:249.00
501
SERVICE LEVEL"C"ZONE 1 SADDLEWOOD
4,682.57
502
SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK
3,173.38
503
SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS
9,188.51
504
SERVICE LEVEL"C"ZONE 4 THE VINEYARDS
667.30
505
SERVICE LEVEL"C"ZONE 5 SIGNET SERIES
3,461.60
506
SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY
1,708.58
507
SERVICE LEVEL"C"ZONE 7 RIDGEVIEW
1,216.38
508
SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE
12,664.93
509
SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA
230.36
510
SERVICE LEVEL"C"ZONE 10 MARTINIQUE
701.38
511
SERVICE LEVEL"C"ZONE 11 MEADOWVIEW
181.22
512
SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS
8,408.76
513
SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP
7,124.67
514
SERVICE LEVEL"C"ZONE 14 MORRISON HOMES
1,154.49
515
SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATE
1,049.40
516
SERVICE LEVEL"C"ZONE 16 TRADEWINDS
2,018.46
517
SERVICE LEVEL"C"ZONE 17 MONTE VISTA
181.69
518
SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS
21,353.00
519
SERVICE LEVEL"C"ZONE 19 CHANTEMAR
5,633.17
520
SERVICE LEVEL"C"ZONE 20 CROWNE HILL
12,719.42
521
SERVICE LEVEL"C"ZONE 21 VAIL RANCH
44,767.86
522
SERVICE LEVEL"C"ZONE 22 SUTTON PLACE
370.55
523
SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
599.28
524
SERVICE LEVEL"C"ZONE 24 HARVESTON
12,244.31
525
SERVICE LEVEL"C"ZONE 25 SERENA HILLS
3,918.79
526
SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION
164.54
527
SERVICE LEVEL"C"ZONE 27 AVONDALE
662.92
528
SERVICE LEVEL"C"ZONE 28 WOLF CREEK
23,136.83
529
SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT
260.99
$ 5,033,755.04

DISBURSEMENTS BY FUND: PAYROLL
001 GENERAL FUND
110 COVID-19 PANDEMIC COMMUNITY REINVESTMENT
140 COMMUNITY DEV BLOCK GRANT
165 AFFORDABLE HOUSING
190 TEMECULA COMMUNITY SERVICES DISTRICT
194 TCSD SERVICE LEVEL D REFUSE RECYCLING
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
300 INSURANCE FUND
305 WORKERS' COMPENSATION
320 INFORMATION TECHNOLOGY
330 SUPPORT SERVICES
340 FACILITIES
TOTAL BY FUND:
413,737.74
776.85
678.23
4,218.65
189,829.67
1,534.64
209.18
4,599.76
3,122.99
3,122.98
47,208.83
5,259.89
9,312.82
$ 683,612.23
$ 5,717,367.27

apChkLst Final Check List Page: 1
03/15/2023 2:44:21 PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
Check #
Date
Vendor
Description
504159
3/16/2023
010851
EMPLOYEE #00426
REIMB: NRPA MEMBERSHIP: TCSD
504160
3/16/2023
009374

ALLEGRO MUSICAL VENTURES
PIANO TUNING/MAINT: THEATER

DBA, ALLEGRO PIANO

SERVICE
504161
3/16/2023
007282

AMAZON CAPITAL SERVICES
MISC OFC SUPPLIES: ECO DEV
INC
MISC OFC SUPPLIES: CITY MGR
MISC OFC SUPPLIES: CMO
504162
3/16/2023
004240

AMERICAN FORENSIC NURSES
DRUG/ALCOHOL ANALYSIS: TEM
AFN

SHERIFF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
DRUG/ALCOHOL ANALYSIS: TEM SHERIF
504163
3/16/2023
000936

AMERICAN RED CROSS,
STAFF/LIFEGUARDS CERTS:

HEALTH AND SAFETY SVCS

AQUATICS
504164
3/16/2023
012951

APPLIED DEVELOPMENT
QUALITY OF LIFE MASTER PLAN:

ECONOMICS

PLANNING
504165
3/16/2023
013950

AQUA CHILL OF SAN DIEGO
MAR DRINKING WTR SYS MAINT: TCC
MAR DRINKING WTR SYS MAINT: AQUAT
MAR DRINKING WTR SYS MAINT: POLICI
MAR DRINKING WTR SYS MAINT: AULD:
504166
3/16/2023
001445

ASSISTANCE LEAGUE OF
FY 22/23 COMMUNITY SVC FUNDING

TEMECULA, VALLEY
504167 3/16/2023 018941 AZTEC LANDSCAPING INC
504168 3/16/2023 018408 BOB CALLAHANS POOL

SERVICE
504169 3/16/2023 022651 BRANDASSASSINS
504170 3/16/2023 021588 BRAUN PETER, DBA

TEMECULA PLANTSCAPE
504171 3/16/2023 004248 CALIF DEPT OF JUSTICE

ACCTING
FEB RESTROOM MAINT: PARKS: PW
MAR POOL MAINT: OLD TOWN

FOUNTAIN
MAR POOL MAINT: CRC & TES POOL

OLD TOWN TEM WAYFINDING

SIGNAGE
MAR PLANTSCAPE SVC: CIVIC CTR
BLOOD & ALCOHOL ANALYSIS: TEM

SHERIFF
FEB FINGERPRINTING SVCS: HR
FEB FINGERPRINTING SVCS: TCSD
BLOOD &ALCOHOL ANALYSIS: TEM SHE
FEB FINGERPRINTING SVCS: POLICE
Amount Paid Check Total
180.00
480.00
108.27

26.21 153.10
620.10
473.73

33.89 281.93
192.00
1,370.00

28.28 69.60

62.53 62.53
5,000.00
9,098.22
950.00
1,100.00
12,500.00
500.00

35.00 1,764.00

98.00 665.00
2,689.00
180.00
480.00
287.58
1,409.65
192.00
1,370.00
222.94
5,000.00
9,098.22
2,050.00
12,500.00
500.00
5,251.00
Page:1

apChkLst Final Check List Page: 2
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504172 3/16/2023 004462 CDW LLC, DBACDW

GOVERNMENT LLC
504173 3/16/2023 022790 CLEARSTAR INC
504174 3/16/2023 000442 COMPUTER ALERT SYSTEMS
504175 3/16/2023 020648 DG INVESTMENT HOLDINGS 2

INC, CONVERGINT

TECHNOLOGIES
(Continued)
Description
MONITOR REPLACEMENT: INFO TECH
WIRELESS ACCESS POINTS: CITY HALL
MISC SMALL TOOLS & EQUIP: INFO TECI
MISC SMALL TOOLS & EQUIP: INFO TECI
MISC SMALL TOOLS & EQUIP: IT
MISC SMALL TOOLS & EQUIP: SMALLTC
REPLACEMENT COLOR PRINTERS: INFC
KEYBOARD & MOUSE REPLACEMENT: Il
MISC SMALL TOOLS & EQUIP: INFO TECI
MISC SMALL TOOLS & EQUIP: INFO TECI
PRE -EMPLOYMENT SCREENINGS: HR
APR-JUN ALARM MONITORING:

POLICE
ALARM SVC CALL: CIVIC CTR
ACCESS CONTROL: CRC: PW19-07
TRAFFIC CAMERAS: CITYWIDE SURVEIL
MAINT & REPAIR SECURITY SYS: INFO T
TRAFFIC INTERSECTION CAMERAADD:

ACCESS CONTROL & CAMERAS: MRC: C
504176 3/16/2023
003945 DIAMOND ENVIRONMENTAL
PORTABLE RESTROOMS: LONG
SRVCS

CANYON CREEK
PORTABLE RESTROOMS: VAIL RANCH P
PORTABLE RESTROOMS: VETERANS Pk
PORTABLE RESTROOMS: RIVERTON PK
504177 3/16/2023
019720 DIVERSIFIED WATERSCAPES
FEB WTR QUALITY MAINT: DUCK
INC

POND/HARV
504178 3/16/2023
004192 DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: LAND

DEV/NPDES
FUEL FOR CITY VEHICLES: PARK MAINT
FUEL FOR CITY VEHICLES: FIRE DEPT
FUEL FOR CITY VEHICLES: TRAFFIC: PN
FUEL FOR CITY VEHICLES: EOC
FUEL FOR CITY VEHICLES: POLICE
FUEL FOR CITY VEHICLES: CIP: PW
FUEL FOR CITY VEHICLES: STREET MAI
FUEL FOR CITY VEHICLES: TCSD
FUEL FOR CITY VEHICLES: CODE ENFOI
504179 3/16/2023
020904 ECONOMIC ALTERNATIVES INC
MAR WTR SYST MAINT: CIVIC CTR
504180 3/16/2023 018098 ELITE CLAIMS MANAGEMENT FEB'23 3RD PARTY CLAIM ADMIN: WC INC
Amount Paid Check Total
3,825.45
4,276.66
401.96
219.89

80.19 130.30
3,775.89
826.06
196.84
185.42
160.66
193.58
210.50

21.566.13
6,413.51
870.00
5,280.00
37,416.80
110.88
165.88
110.88
110.88
7,430.00

39.33 2,602.60
134.65
277.68

91.03 86.88
288.76
2,285.83
103.28
134.51
538.67

1.250.00
13,918.66
160.66
404.08
71, 546.44
498.52
7,430.00
6,044.55
538.67
1,250.00
Paget

apChkLst Final Check List Page: 3
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
504181
3/16/2023
002577

ENGINEERING RESOURCES,
ENG SVCS: MURR CRK REG SPORTS

OF SOUTHERN CALIF INC
PRK
ENG SVCS: BIKE TRAIL PRGM: PW19-11
ENG SVCS: OVERLAND: PW20-11
504182
3/16/2023
010804

FEHRAND PEERS
TRANSP
DISCOVERY/BENCHMARKING: PLNG
504183
3/16/2023
003747

FINE ARTS NETWORK AKA
TICKET SALES ADVANCE:

THEATRE, CO AND BALLET

SPONGEBOB

THEATER
504184
3/16/2023
022726

FORENSIC NURSES OF SOCAL
SART EXAMS: TEM SHERIFF
INC
504185
3/16/2023
014865

FREIZE UHLER KIMBERLY DBA,
MISC PROMOTIONAL ITEMS: TVE2

CLEAR BLUE PROMOTIONS
CITY APPAREL: CITY MGR
504186
3/16/2023
001937

GALLS LLC
MISC EQUIPMENT: CAP: TEM SHERIFF
504187
3/16/2023
022865
EMPLOYEE #00571
REIMB: TEAM PACE
504188
3/16/2023
021365

GEORGE HILLS COMPANY INC
FEB CLAIMS ADMINISTRATION: HR
DEC CLAIMS ADMINISTRATION: HR
504189
3/16/2023
021308

GILLIS & PANICHAPAN
ARCHITECTURAL SVCS: FIRE STA 84

ARCHITECTS, INC
PW19-14
504190
3/16/2023
010028

GOFORTH & MARTI, DBA GM
OFFICE FURNITURE: CHAIRS:

BUSINESS INTERIORS

FINANCE
504191
3/16/2023
004890

GOLDEN STATE FIRE
ANNUAL SPRINKLER INSPECTIONS:

PROTECTION

LIBRARY
ANNUAL SPRINKLER INSPECTIONS: FO(
ANNUAL SPRINKLER INSPECTIONS: TC(
ANNUAL SPRINKLER INSPECTIONS: CIV
ANNUAL SPRINKLER INSPECTIONS: MPt
ANNUAL SPRINKLER INSPECTIONS: TVE
ANNUAL SPRINKLER INSPECTIONS: JRC
ANNUAL SPRINKLER INSPECTIONS: PRP
504192
3/16/2023
006914

INNOVATIVE DOCUMENT

JAN COPIER

SOLUTIONS
MAINT/REPAIR/USAGE:CITYWIDE
504193
3/16/2023
004119

J T B SUPPLY COMPANY INC
LED LIGHTS: TRAFFIC MAINT: PW
504194
3/16/2023
022018
KNOWBE4INC
SECURITY AWARENESS TRAINING: IT
Amount Paid Check Total
12,282.50
5,576.50
15,756.06 33,615.06
4,199.50 4,199.50
10,000.00 10,000.00
1,200.00 1,200.00
180.49
199.58 380.07

34.97 34.97
334.48 334.48
3,145.80

92.00 3,237.80
4,025.00 4,025.00
995.75 995.75
700.00
700.00
700.00
700.00
700.00
700.00
700.00
700.00 5,600.00
6,888.69 6,888.69
2,412.00 2,412.00
1,099.50 1,099.50
Page3

apChkLst Final Check List Page: 4
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
504195
3/16/2023
000482

LEIGHTON CONSULTING INC
GEOTECHNICAL SVCS: PA22-1124:

PLNG
MATUS TESTING SVCS: CRC RENO: PW'
504196
3/16/2023
023146

MAKELELE SYSTEMS
CONST SVCS: RECYCLED WTR

LANDSCAPE &

RETROFIT PGRM
CONST SVCS: RECYCLED WTR RETROF
504197
3/16/2023
021370

MARK THOMAS AND COMPANY
JAN DSGN CONSULTANT SVCS:

INC

CHERRY ST EXT
504198
3/16/2023
018675

MDG ASSOCIATES INC
JAN ADA LABOR COMPLIANCE SVCS:

PW20-13
504199
3/16/2023
018314

MICHAEL BAKER
JAN CNSLT SVCS: I-15/79 INTRCHG

INTERNATIONAL
17-19
504200
3/16/2023
013443

MIDWEST TAPE LLC
BOOKS ON TAPE: LIBRARY
504201
3/16/2023
004951

MIKE'S PRECISION WELDING
BALLARD COVER: STREET MAINT: PW
INC
504202
3/16/2023
021343

MILLER ARCHITECTURAL
ARCHITECTURAL SVCS: CIVIC CTR
CORP

MODIFICATI
504203
3/16/2023
004043

MISSION ELECTRIC SUPPLY
ELECTRICAL SUPPLIES: TCC
INC
ELECTRICAL SUPPLIES: CIVIC CENTER
ELECTRICAL SUPPLIES: TCC/SAFE HOU
ELECTRICAL SUPPLIES: CIVIC CTR
ELECTRICAL SUPPLIES: PARKS: PW
504204
3/16/2023
004586

MOORE FENCE COMPANY INC
FENCE REPAIR:

MARGAR I TA/G E O RG ETO W N
504205
3/16/2023
019019

MUSIC CONNECTION LLC
SPEAKEASY @ THE MERC 03/11
504206
3/16/2023
020946

MUSSON THEATRICAL INC
MISC SUPPLIES: THEATER: TCSD
Amount Paid Check Total
2,800.00
5,895.20
8,695.20
13,442.50
26,961.00
40,403.50
13,989.50
13,989.50
1,363.76
1,363.76
6,855.00
6,855.00

44.69 44.69
180.00
180.00
4,400.00
4,400.00
294.98
606.66
400.64

20.78 2,601.08
3,924.14
5,629.88
5,629.88
624.40
624.40
599.31
599.31
Page:4

apChkLst Final Check List Page: 5
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504208 3/16/2023 022599 NIEVES LANDSCAPE INC
504209 3/16/2023 014173 NPG INC DBA, GOLDSTAR

ASPHALT PRODUCTS
504210 3/16/2023 021121 OCCUPATIONAL HEALTH CTR

OF CA, DBA CONCENTRA

MEDICAL CTR
504211 3/16/2023 021998 OLD TOWN TIRE AND SERVICE
INC
504212 3/16/2023 020544 PARKHOUSE TIRE SERVICE
INC
(Continued)
Description
Amount Paid Check Total
JAN LDSCP MAINT SVCS: SLOPES:
60,309.58
PARKS: PW
TOPSOIL: RONALD REGAN SPORTS PAF
1,125.00
IRRIGATION REPAIRS: MIKE NAGGAR PI,
143.06
IRRIGATION REPAIRS: DUCK POND
367.75
FEB LDSCP MAINT SVCS: 1-15/79 S: PWO
6,977.00
IRRIGATION REPAIRS: CROWNE HILLS
446.87
IRRIGATION REPAIRS: VAIL RANCH
272.36
IRRIGATION REPAIRS: BIRDSALL
225.75
IRRIGATION REPAIRS: SERENA HILLS
190.87
IRRIGATION REPAIRS: MEDIANS: M-02
309.72
LDSCP IMPROVEMENTS: CALLEARAGO
8,699.00
FEB LDSCP MAINT SVCS: FACS: PW
10,454.50
IRRIGATION REPAIRS: CAMPOS VERDE:
206.01
MOUND CLAY & BRICKS: BASEBALL FIEL
2,029.66
IRRIGATION REPAIRS: BIRDSALL
226.66
IRRIGATION REPAIRS: MEDIANS: M-10
231.06
IRRIGATION REPAIRS: BIRDSALL
201.35
IRRIGATION REPAIRS: BIRDSALL
446.87
IRRIGATION REPAIRS: RED HAWK
446.87
IRRIGATION REPAIRS: VINTAGE HILLS
295.84
IRRIGATION REPAIRS: CROWNE HILLS
446.87 94,052.65
ASPHALT REPAIR: OVERLAND TRAIL
9,250.00
ASPHALT REPAIR: OVERLAND TRAIL
63,825.00
ASPHALT REPAIR: PECHANGA BRIDGE
7,304.92 80,379.92
PRE -EMPLOYMENT SCREENINGS: HR 93.00 93.00
VEHICLE MAINT: STREET MAINT: PW 1,301.47
VEHICLE MAINT: TRAFFIC MAINT: PW
449.19
VEHICLE MAINT: TRAFFIC MAINT: PW
648.58
VEHICLE REPAIRS: PARKS: PW
723.00
VEHICLE REPAIRS: PARKS: PW
1,275.48
VEHICLE MAINT: BLDG & SAFETY

98.20 VEHICLE REPAIR: PARKS: PW
1,081.02 5,576.94
TIRE SVC: STREET MAINT: PW
700.37 700.37
Page:5

apChkLst Final Check List Page: 6
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504213 3/16/2023 005075 PRUDENTIAL OVERALL
SUPPLY
504214 3/16/2023 022537 REFRIGERATION SUPPLIES,

DISTRIBUTOR
(Continued)
Description
UNIFORM SVCS: PARK MAINT: PW
UNIFORM SVCS: STREET MAINT: PW
FLOOR MATS/TOWEL RENTALS: TCC
FLOOR MATS/ TOWEL RENTALS: LIBRAR
FLOOR MATS/TOWEL RENTALS: FOC
FLOOR MATS/TOWEL RENTALS: TVM
UNIFORM SVCS: STREET MAINT: PW
FLOOR MATS/TOWEL RENTALS: CRC
FLOOR MATS/TOWEL RENTALS: THEATE
MISC HVAC SUPPLIES: CIVIC CTR
MISC HVAC SUPPLIES: TCC
MISC HVAC SUPPLIES: CIVIC CTR
MISC HVAC SUPPLIES: TCC
MISC HVAC SUPPLIES: CIVIC CTR
504215
3/16/2023
000267

RIVERSIDE CO FIRE
FPARC-TM, INV 234951, 22/23, Q1

DEPARTMENT
504216
3/16/2023
009213

SHERRY BERRY MUSIC
STAND UP COMEDY @ THE MERC 2/25
504217
3/16/2023
022659

SIDI SEBASTIAN, DBA SEBAZ
1-15/FVP GROUNDBREAKING VIDEO:

VIDEO PRODUCTIO
CIP
504218
3/16/2023
022051

SINGH GROUP INC

HOMELESS ENCAMPMENT CLEAN-UP
504219
3/16/2023
000645

SMARTAND FINAL INC
RFRSHMNTS: SPECIAL EVENTS: TCSD
504220
3/16/2023
020545

SOCIAL WORK ACTION GROUP
Street Outreach Services Contracted
504221
3/16/2023
006145

STENO SOLUTIONS
FEB TRANSCRIPTION SVCS: TEM

TRANSCRIPTION, SRVCS INC

SHERIFF
FEB TRANSCRIPTION SVCS: TEM SHERI
504222
3/16/2023
003849

TERRYBERRY COMPANY
EMPLOYEE SVC RECOGNITION: HR
504223
3/16/2023
016311

TIERCE, NICHOLAS
GRAPHIC DESIGN SVCS: THEATER
504224
3/16/2023
021603

TITAN RENTALS GROUP INC,
RENTALS: SPECIAL EVENTS: ECON

TITAN TENT & EVENT RENTAL
DEV
504225
3/16/2023
017415

TK ELEVATOR CORPORATION
ELEVATOR MAINT: SOMMERS BEND
Amount Paid Check Total

67.21 19.53

14.32 19.88

10.28 12.74

47.06 31.45

9.89 3,258.64

24.51 50.50

60.34 39.85
1,925,097.77
1,914.75
1,400.00
19,172.00
248.09
22,599.55

61.38 47.61

75.22 4,920.00
455.40
465.00
232.36
3,433.84
1,925,097.77
1,914.75
1,400.00
19,172.00
248.09
22,599.55
108.99

75.22 4,920.00
455.40
465.00
Pagefi

apChkLst Final Check List Page: 7
03/15/2023 2:44:21PM CITY OF TEMECULA
Bank:
eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
504226
3/16/2023
019100

TNT ENTERTAINMENT GROUP
DJ/MC SOUND SVCS: ART OF THE
LLC
WALLS
504227
3/16/2023
021580

TOWNSEND PUBLIC AFFAIRS
MAR CONSULTING SVCS: CITY CLERK
INC
504228
3/16/2023
007766

UNDERGROUND SERVICE
MAR DIG SAFE BIRD BILLABLE TIX: PW

ALERT, OF SOUTHERN

CALIFORNIA
Amount Paid Check Total
425.00
425.00
6,000.00
6,000.00

70.85 70.85
504229 3/16/2023 009101 VISION ONE INC, DBA
FEB SHOWARE TICKETING SVCS:
2,189.20
2,189.20

ACCESSO

THEATER
504230 3/16/2023 020275 WALLACE & ASSOC
CONSTRUCTION INSP SVCS: PW22-02
1,932.00

CONSULTING LLC, ANSER

ADVISORY MNGMT LLC
JAN CONST MGMT SVCS: CRC: PW19-07
14,942.00
16,874.00
504231 3/16/2023 021024 YANES BLANCAA, DBA DE

OCT & NOV LDSCP PLN CK &
24,000.00

GANGE CONSULTING
INSPECTION: PLN
DEC LDSCP PLN CK & INSPECTION: PLN
11,275.00
JAN LDSCP PLN CK & INSPECTION: PLN
5,085.00

JULY & AUG LDSCP PLN CK & INSPECTI(
19,774.00
SEP LDSCP PLN CK & INSPECTION: PLN
11,910.00
72,044.00
Grand total for
EFT UNION BANK:
2,559,594.07
Page:?

apChkLst Final Check List Page: 8
03/15/2023 2:44:21PM CITY OF TEMECULA
72 checks in this report.

Grand Total All Checks: 2,559,594.07
Page:8

apChkLst Final Check List Page: 1
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date Vendor
Description
14676
1/10/2023 006887

UNION BANK OF CALIFORNIA
023168

PAPA FETA
RFRSHMNTS: PLANNING COMM MTG
11/16
020535

LUNA GRILL
RFRSHMNTS: PLANNING COMM MTG
12/7
022763

CALIF PLANNING & DEV
MEMBERSHIP RENEWAL: COMM DEV
REPORT
14810
3/9/2023 006887

UNION BANK OF CALIFORNIA
023219
ISC2
MEMBERSHIP: CISSP: INFO TECH
008567
GODADDY.COM INC
DOMAIN RENEWAL:

TEMECULATHEATER.COM
008567
GODADDY.COM INC
DOMAIN RENEWAL:

TEMECULATHEATER.ORG
008567
GODADDY.COM INC
DOMAIN RENEWAL:

TEMECULAEVENTS.ORG
006937

SOUTHWEST AIRLINES
AIRFARE: TYLER CONNECT CONF:

INFO TECH
006937

SOUTHWEST AIRLINES
AIRFARE: TYLER CONNECT CONF:

INFO TECH
021800

FEDERAL AVIATION ADMINIST,
DRONE REGISTRATION: INFO TECH

DBA FAA
006937

SOUTHWEST AIRLINES
AIRFARE: TYLER CONNECT CONF:

INFO TECH
006937

SOUTHWEST AIRLINES
AIRFARE: TYLER CONNECT CONF:

INFO TECH
14811
3/9/2023 006887

UNION BANK OF CALIFORNIA
009612

BJS RESTAURANTS INC
RFRSHMNTS: OUTREACH MTG: TCSD
020822
G6 HOSPITALITY LLC, DBA
LODGING: HOMELESS OUTREACH
MOTEL 6
022560
UBER
TRANSP: HOMELESS OUTREACH
007218

SWING INN CAFE
RFRSHMNTS: PIT COUNT: TCSD
021003

CVS PHARMACY
MEDICAL SUPPLIES: HELP CTR: TCSD
007987

WALMART
MISC SUPPLIES: HELP CTR: TCSD
023220

PAMS DONUTS
RFRSHMNTS: PIT COUNT: TCSD
015626
EVENTBRITE.COM
REGIST: LEADHERSHIP CONF: TCSD
004822

RIVERSIDE TRANSIT AGENCY
TROLLEY SVCS: HOMELESS

OUTREACH
Amount Paid Check Total
337.62
232.55
238.00 808.17
125.00

40.34 42.34

42.34 400.95
400.95

5.00 400.95
400.95 1,858.82
117.53

80.15 63.95
307.29
129.43
226.19

35.99 100.00
250.00 1,310.53
Page:1

apChkLst Final Check List Page: 2
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
14826 3/9/2023 006887

UNION BANK OF CALIFORNIA
000154

C S M F O
006952
PAYPAL
019953

CAESARS ENTERTAINMENT

CORP, DBA PARIS

HOTEL/FLAMINGO
001060
HYATT
(Continued)
Description
Amount Paid Check Total
WEBINAR REGIST: INTRO TO GOV'T 100.00

ACCTING
VERISIGN PAYFLOW PRO 25.00
TRANSACTION: FIN
LODGING: CRIA CONF: POLICE 166.68
III Biel19lewe9IT, lYiZKel►Iaa1►/_1►Is] 1111=L!
800.62
Paget

apChkLst Final Check List Page: 3
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
14827 3/9/2023 006887

UNION BANK OF CALIFORNIA
020249
LAUND3R.COM LLC
000152

CALIF PARKS AND

RECREATION SOC, C P R S
000152

CALIF PARKS AND

RECREATION SOC, C P R S
000152

CALIF PARKS AND

RECREATION SOC, C P R S
007987

WALMART
020249
LAUND3R.COM LLC
000152

CALIF PARKS AND

RECREATION SOC, C P R S
023164

PIZZA FACTORY
000152

CALIF PARKS AND

RECREATION SOC, C P R S
000152

CALIF PARKS AND

RECREATION SOC, C P R S
023230

SAN DIEGO WHALE WATCH
019291

TLK ICE INC, DBA KONA ICE

TEMECULA VAL
021429

ARLO TECHNOLOGIES
007987

WALMART
022736

POLAR ENGRAVING

CORPORATION, DBA POLAR

ENGRAVING
022736

POLAR ENGRAVING

CORPORATION, DBA POLAR

ENGRAVING
017443

OPERATING CO LLC MED

CUISINE, DBA DAPHNE'S

CALIFORNIA
007177

MACARONI GRILL
000254

PRESS ENTERPRISE

COMPANY INC
000152

CALIF PARKS AND

RECREATION SOC, C P R S
006952
PAYPAL
003605

LAKE ELSINORE STORM, PROF

BASEBALLTEAM
020886
NETFLIX.COM
(Continued)
Description
Amount Paid Check Total
LAUNDRY SVCS: TABLE CLOTHS:

66.25 TCSD
REGISTRATION: CONFERENCE: TCSD
630.00
REGISTRATION: CONFERENCE: TCSD
575.00
REGISTRATION: CONFERENCE: TCSD
575.00
MISC SUPPLIES: SPECIAL EVENTS:
225.40
TCSD
LAUNDRY SVCS: TABLE CLOTHS:
103.30
TCSD
MEMBERSHIP: TCSD
145.00
RFRSHMNTS: RSO MEETING
659.77
MEMBERSHIP: TCSD
145.00
MEMBERSHIP: TCSD
145.00
EXCURSION: MPSC: SENIOR WHALE
1,407.40

WATCHING
RFHRSHMNTS: CULTUREFEST: TCSD
1,000.00
SUBSCRIPTION: THEATER: TCSD
119.88
MISC SUPPLIES: SPECIAL EVENTS:

84.50 TCSD
ENGRAVING SVCS: PARKS
144.50
ENGRAVING SVCS: PARKS 35.00
RFRSHMNTS: HOSPITALITY: THEATER 50.01
RFRSHMNTS: HOSPITALITY: THEATER 47.85
ONLINE SUBSCRIPTION: TCSD 18.00
MEMBERSHIP RENEWAL: TCSD 150.00
VERISIGN PAYFLOW PRO 251.30
TRANSACTION: TCSD
DEPOSIT: LAKE ELSINORE STORM 500.00
EVENT
MONTHLY SVC CHARGE: TEEN ROOM: 9.99
CRC
Page:3

apChkLst
03/16/2023
4:03:28PM
Final Check List

CITY OF TEMECULA
Page: 4
Bank:
union UNION BANK
(Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
012085

ISTOCK INTL INC
SUBSCRIPTION: PROMO IMAGES:
120.00
TCSD
019835

JDS CREATIVE ACADEMY
AWARD SUBMITTAL: DIGIFEST: TCSD

84.00 007177

MACARONI GRILL
RFRSHMNTS: HOSPITALITY: THEATER
114.19
000282

SO CALIF MUNICIPAL
MEMBERSHIP DUES: SPORTS: TCSD
145.00
7,551.34

ATHLETIC, FEDERATION INC
14828
3/9/2023 006887

UNION BANK OF CALIFORNIA
014779

TOWN CENTER CLEANERS
DRY CLEANING SVCS: TABLE LINENS:
126.25
CITY
020419

CHIPOTLE CORP OFC
RFRSHMNTS: CITY CNCL MTG 1/24
227.70
000254

PRESS ENTERPRISE
ONLINE SUBSCRIPTION: CITY CLERK

14.00 COMPANY INC
000912

CITY CLERKS ASSN OF CALIF
REGISTRATION: CONFERENCE: CITY
575.00
942.95
CLERK
14832
3/9/2023 006887

UNION BANK OF CALIFORNIA
000305

TARGET BANK BUS CARD
MISC SUPPLIES: FVP CEREMONY:

77.87 SRVCS

ECO DEV
019953

CAESARS ENTERTAINMENT
LODGING: ICSC CONF: ECON DEV
361.68

CORP, DBA PARIS

HOTEL/FLAMINGO
019953

CAESARS ENTERTAINMENT
LODGING: ICSC CONF: ECON DEV
361.68

CORP, DBA PARIS

HOTEL/FLAMINGO
019953

CAESARS ENTERTAINMENT
LODGING: ICSC CONF: CITY COUNCIL
361.68

CORP, DBA PARIS

HOTEL/FLAMINGO
019953

CAESARS ENTERTAINMENT
LODGING: ICSC CONF: CITY COUNCIL
361.68

CORP, DBA PARIS

HOTEL/FLAMINGO
009720

STARBUCKS CORPORATION
RFRSHMNTS: FVP CEREMONY: ECON
120.00
DEV
006952
PAYPAL
REGIST: SW RIV CNTY ASSOC MTG:

45.00 CITY MGR
000210

LEAGUE OF CALIF CITIES
REGIST: CREDIT: CITY MGR
-675.00
013338

APPLE STORE
ADDT PHONE STORAGE: SOCIAL

9.99 MEDIA: ECON
021284

LEWIS CLEANERS
DRY CLEANING SVCS: TABLE CLOTHS:

85.00 ECON
008669
VONS
RFRSHMNTS: FVP CEREMONY: ECON

39.03 DEV
023234

LISA DONUT & BOBA
RFRSHMNTS: FVP CEREMONY: ECON
162.78
1,311.39
DEV
14836
3/9/2023 006887

UNION BANK OF CALIFORNIA
023218

COLLEGE OF CONTINUING,
REGIST: FED AID PROJ DVLPMNT

25.00 EDUCATION
CLASS: CIP
007098

INTL RIGHT OF WAY ASSN
MEMBERSHIP FEE: LAND DEV: PW
280.00
305.00
Page:4

apChkLst Final Check List Page: 5
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date
Vendor
14849 3/9/2023
006887

UNION BANK OF CALIFORNIA
018315

CHARITY FOR CHARITY
14850 3/9/2023
006887

UNION BANK OF CALIFORNIA
018315

CHARITY FOR CHARITY
006714

SHERATON HOTEL
14851 3/9/2023
006887

UNION BANK OF CALIFORNIA
021390

ONTARIOAIRPORT
001264
COSTCO TEMECULA 491
020953
LYFT
023243

MANGO TACO
006714

SHERATON HOTEL
023242

SELLAND FAMILY
RESTAURANTS„ DBA ELLA

DINING ROOM
006937

SOUTHWEST AIRLINES
006942

ONTARIO AIRPORT PARKING
LOT
006714

SHERATON HOTEL
001060
HYATT
001060
HYATT
009863

BUBBA GUMP SHRIMP
COMANY
006714

SHERATON HOTEL
006714

SHERATON HOTEL
006614

CALIF CITY MANAGEMENT
006714

SHERATON HOTEL
006714

SHERATON HOTEL
023244
TWENTY/20 RESTAURANT
(Continued)
Description
Amount Paid
Check Total
REGIST: FUNDRAISER: STARS OF THE
125.00
125.00
VALLEY
REGIST: FUNDRAISER: STARS OF THE
125.00
VALLEY
LODGING: CAL CITIES CONF: CITY CNL
572.46
697.46
RFRSHMNTS: CAL CITIES CONF: CITY

14.41 MGR
RFRSHMNTS: CC MTG 1/27
112.71
TRANSPORT: CAL CITIES CONF: CITY

26.12 MGR
RFRSHMNTS: CAL CITIES CONF: CITY

23.36 MGR
RFRSHMNTS: CAL CITIES CONF: CITY

86.27 CNL/MGR
RFRSHMNTS: CAL CITIES CONF: CITY
151.15
CNL
AIRFARE: CAL CITIES CONF: CITY MGR

57.00 PARKING FEE: CAL CITIES CONF: CITY

84.00 MGR
LODGING: CAL CITIES CONF: CITY
787.36
MGR
PARKING: CCMF MTG: CITY MGR

27.00 LODGING: CCMF MTG: CITY MGR
412.86
RFRSHMNTS: CAL CITIES CONF: CITY
124.18

CNL/MGR
LODGING: CAL CITIES CONF: CITY CNL
231.23
RFRSHMNTS: CAL CITIES CONF: CITY

95.03 CNL/MGR
REGIST: CCMF EVENT: CITY MGR

75.00 RFRSHMNTS: CAL CITIES CONF: CITY
105.19

CNL/MGR
LODGING: CAL CITIES CONF: CITY
799.29
MGR
RFRSHMNTS: CAL CITIES CONF: CITY

25.05 3,237.21
MGR
Page:5

apChkLst Final Check List Page: 6
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
14852 3/9/2023
006887

UNION BANK OF CALIFORNIA
018389

IN N OUT BURGER INC
RFRSHMNTS: CAL CITIES CONF: CITY
CNL
006714

SHERATON HOTEL
PARKING: CAL CITIES CONF: CITY CNL
006714

SHERATON HOTEL
LODGING: CAL CITIES CONF: CITY CNL
14859 3/9/2023
006887

UNION BANK OF CALIFORNIA
000254

PRESS ENTERPRISE
ONLINE SUBSCRIPTION: PLANNING

COMPANY INC
000278

SAN DIEGO UNION TRIBUNE
SUBSCRIPTION RENEWAL: PLANNING
021060

LOSANGELES TIMES, DBA
SUBSCRIPTION RENEWAL: PLANNING
LATIMES.COM
006614

CALIF CITY MANAGEMENT
MEMEBERSHIP: COMM DEV
021688

PHILS BBQ OF TEMECULA INC
RFRSHMNTS: PLANNING COMMISSION
MTG
006614

CALIF CITY MANAGEMENT
REGIST: CCMF EVENT: COMM DEV
211698 3/9/2023
000101

APPLE ONE INC
NOV TEMP HELP: FINANCE
211699 3/9/2023
001264
COSTCO TEMECULA 491
SUPPLIES: SPEC EVENTS: FIRE
211700 3/16/2023
004229

ACTION APPLIANCE INC, DBA
WASHER & DRYER: FIRE STA 84

ACTION APPLIANCE
211701 3/16/2023
001517

AETNA BEHAVIORAL HEALTH
MAR EMPLOYEE ASSISTANCE PRGM:

LLC, DBA AETNA RESOURCES
HR
211702 3/16/2023
003552

AFLAC PREMIUM HOLDING, C

AFLAC ACCIDENT INDEMNITY

O BNB BANK LOCKBOX

PAYMENT
211703 3/16/2023
021710

ALIVE SOLUTIONS INC
ONLINE COURSES: LEADERS: TCSD
211704 3/16/2023
003951

ALL AMERICAN ASPHALT
CONST CONTRACT SVC: YNEZ RD
PW21-10
CONST CONTRACT SVC: YNEZ RD PW2'
CONST CONTRACT SVC: YNEZ RD PW2'
211705 3/16/2023
017795

ALTA LANGUAGE SERVICES
LANGUAGE SVCS: HR
INC
211706 3/16/2023 009787 ALTEC INDUSTRIES INC
211707 3/16/2023 021430 APPLE, TIMOTHY RYAN
VEHICLE REPAIRS: TRAFFIC MAINT:

PW
EQUIPMENT REPAIR: STREET MAINT: PV
PRESENTATION: MUSICIANS FORART
NIGHTS
Amount Paid Check Total

9.54 118.80
858.69 987.03
309.01

76.96 76.96
400.00
358.84

75.00 1,296.77
6,311.62
6,311.62
527.14
527.14
1,821.58
1,821.58
1,375.05 1,375.05
3,147.99 3,147.99
399.84 399.84
20,282.50
3,670.80
151,415.10 175,368.40
264.00 264.00
1,280.00
658.81 1,938.81
400.00 400.00
Page6

apChkLst Final Check List Page: 7
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
211708 3/16/2023
022888

ARAMARK SERVICES INC, DBA
RFRSHMNT SVCS: FOC: PW

ARAMARK REFRESHMENT
RFRSHMNT SVCS: FOC: PW
211709 3/16/2023
011954

BAKER AND TAYLOR INC
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCSD
211710 3/16/2023
023049

BETTS, KENNETH

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS

TCSD INSTRUCTOR EARNINGS
211711 3/16/2023
001323

BLUETRITON BRANDS INC,
WATER DLVRY SVCS: HELP CTR

DBA READYREFRESH
WATER DLVRY SVC: TVE2
WATER DLVRY SVCS: TVE2
WATER DLVRY SVCS: TVE2
WATER DLVRY SVCS: TVE2
WATER DLVRY SVCS: HARVESTON PARV
211712 3/16/2023
011348

BONCOR WATER SYSTEMS
03/02-03/29 WTR FILTER: FIRE STA 73

LLC, DBA SUNSHINE WATER
SOFT
211713 3/16/2023 011421 BRODART CO
211714 3/16/2023 005970 BUTTERFIELD STAGE

PLAYERS, DBA TEMECULA
VALLEY
211715 3/16/2023 017813 BUXTON COMPANY
211716
3/16/2023
003138

CAL MAT, DBA VULCAN

MATERIALS CO
211717
3/16/2023
010939

CALIF DEPT OF INDUSTRIAL,

RELATIONS
211718
3/16/2023
021851

CALIF NEWSPAPERS

PARTNERSHIP, DBA SO CALIF

NEWS GROUP
211719
3/16/2023
016064

CDCE INC
BOOK COLLECTIONS: RHRTPL: TCSD
BOOK COLLECTIONS: RHRTPL: TCSD
FY 22/23 COMMUNITY SVC FUNDING

SITE SELECTION & RECRUITMENT

ECO DEV
ASPHALT SUPPLIES: STREET MAINT:

PW
ASPHALT SUPPLIES: STREET MAINT: PV1
139731 ELEVATOR INSPECTION:

THEATER
139737 ELEVATOR INSPECTION: THEATE
LEGAL PUBLICATIONS: CITY CLERK
LIGHT BAR INSTALL: PUBLIC WORKS
Amount Paid Check Total
122.10
266.56

7.00 11.42
170.50

40.78 483.00
338.10
676.20
257.60
483.00
483.00

22.16 82.29

73.94 79.29

55.45 13.89
330.00

46.79 50.07
5,000.00
7,500.00
648.12
203.91
225.00
225.00
3,483.45
4,800.00
388.66
229.70
2,720.90
327.02
330.00

96.86 5,000.00
7,500.00
852.03
450.00
3,483.45
4,800.00
Page:?

apChkLst Final Check List Page: 8
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
211720
3/16/2023
009640

CERTIFION CORP DBA

ENTERSECT
211721
3/16/2023
014887
EMPLOYEE #00633
211722
3/16/2023
023192

CHAVARRIA, MELISSA
211723
3/16/2023
016446

CHRISTIAN STITCHERY INC,

DBA SO CAL IMPRESSIONS
211724
3/16/2023
023175

COMPLETE OFFICE OF

CALIFORNIA, INC
211725
3/16/2023
014521

COSTAR REALTY

INFORMATION INC
211726
3/16/2023
001264
COSTCO TEMECULA 491
211727
3/16/2023
004329
COSTCO TEMECULA 491
211728
3/16/2023
002631

COUNTS UNLIMITED INC
211729
3/16/2023
001233

DANS FEED AND SEED INC
211730
3/16/2023
012600

DAVID EVANS AND

ASSOCIATES INC
211731
3/16/2023
002990

DAVID TURCH AND

ASSOCIATES
211732
3/16/2023
022826

DOCUSIGN INC
211733
3/16/2023
022798

IDS SERVICES OF AMERICA

INC, SPARKLETTS
211734
3/16/2023
022892

DUGAN, KARA
211735
3/16/2023
023249

EISINGER, DEBORAH W
(Continued)
Description
Amount Paid
Check Total
FEB ONLINE DATABASE SUBSCR:
200.00
200.00
POLICE
REIMB: RFRSHMNTS: TVE2 VETERAN
196.47
196.47
SERIES
PRESENTATION: THE ART OF
250.00
250.00
TATTOING: TCSD
UNIFORMS: SPORTS: TCSD
1,509.29
UNIFORMS: SPORTS: TCSD
3,493.59
5,002.88
MISC OFC SUPPLIES: PLANNING
338.39
MISC OFC SUPPLIES: PLANNING DEPT

34.39 MISC OFC SUPPLIES: BLDG & SAFETY
110.13
MISC OFC SUPPLIES: CODE ENFORCEN

6.24 489.15
MAR'23 WEB SUBSCRIPTION: ECO
1,296.00
1,296.00
DEV
MISC SUPPLIES: CERT. FIRE
730.70
730.70
SUPPLIES: SPECIAL EVENTS: TCSD
284.77
MISC MUSEUM & ACE EVENTS: TCSD: T`
198.14
482.91
TRAFFIC DATA COLLECTION: CIP: PW
1,600.00
1,600.00
MISC SUPPLIES: STREET MAINT: PW

42.34 42.34
CONST SUPPORT SVC: RECYCLED
270.00
270.00

WTR RETROFIT
FEB FEDERAL LOBBYING SVCS: CITY
5,500.00
5,500.00
MGR
DOCUSIGN ESIGNATURE SVCS:
19,807.19
19,807.19

FINANCE
WATER DELIVERY: CMO 68.13 68.13
THEATER PERFORMANCE: 04/08/23 1,550.00 1,550.00
RELEASE CLAIMS SETTLEMENT: RISK 1,248.21 1,248.21
Page:8

apChkLst Final Check List Page: 9
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
211736 3/16/2023 000164 ESGIL LLC
211737 3/16/2023 021859 EXP US SERVICES INC
211738 3/16/2023 023068 FALCICCHIO, NICHOLAS
211739 3/16/2023 000165 FEDERAL EXPRESS INC
211740 3/16/2023 002982 FRANCHISE TAX BOARD
211741 3/16/2023 009097 FULL COMPASS SYSTEMS
211742 3/16/2023 016184 FUN EXPRESS LLC
211743 3/16/2023 021527 GIANT DESIGN
211744 3/16/2023 009608 GOLDEN VALLEY MUSIC

SOCIETY, DBA CA CHAMBER

ORCHESTRA
211745 3/16/2023 022053 GRAEF, ANITA
211746 3/16/2023 020725 GRANICUS LLC, DBA

GRANICUS
211747 3/16/2023 000186 HANKS HARDWARE INC
211748 3/16/2023 013749 HELIXSTORM INC
211749 3/16/2023 013321 HESS, JOHN PAUL
(Continued)
Description
NOV PLAN CK SVCS: COMDEV
JAN PLAN CK SVCS: COMDEV
DEC PLAN CK SVCS: COMDEV
CONSULTANT SVCS: SANTA

GERTRUDIS CRK TRA
REGISTRATION: CELL TECH: POLICE
EXP MAIL SVCS: INFO TECH

SUPPORT PAYMENT
SOUND/LIGHTING SUPPLIES:

THEATER
MISC SUPPLIES: HUMAN SVCS: TCSD
MISC SUPPLIES: SPECIAL EVENTS: TCS
MISC SUPPLIES: SPECIAL EVENTS: TCS
GRAPHIC DESIGN SVCS: ROD RUN:

TCSD
CLASSICS @ THE MERC 2/12 & 2/26
THEATER PERFORMANCE: 04/08/23

PUBLIC RECORDS SOFTWARE
RENEWAL: IT
MISC MAINT SUPPLIES: CHILDREN'S
MUSEUM
MISC MAINT SUPPLIES: LIBRARY
MISC MAINT SUPPLIES: OLD TOWN MAIL
MISC MAINT SUPPLIES: CIVIC CTR
MISC MAINT SUPPLIES: AQUATICS
MISC MAINT SUPPLIES: TRAFFIC: PW
PALO ALTO NETWORK RENEWAL:

INFO TECH
IT INFRASTRUCTURE SUPPORT: INFO TI
HPE SVC CREDITS: INFO TECH
VIDEOGRAPHY SVCS: CITY MGR
Amount Paid Check Total
21,827.00
18,514.70
28,890.94
2,243.00
6,000.00

8.42 50.00
258.80
399.06
1,121.97
215.88
13, 801.25
346.50
1,550.00
9,069.15

17.79 48.92
141.06
2,337.95

65.18 388.39
2,040.00
3,093.75
15,336.00
297.50
69,232.64
2,243.00
6,000.00

8.42 50.00
258.80
1,736.91
13, 801.25
346.50
1,550.00
9,069.15
2,999.29
20,469.75
297.50
Page9

apChkLst
03/16/2023
4:03:28PM
Final Check List

CITY OF TEMECULA
Page: 10
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211750
3/16/2023
003198

HOME DEPOT
HARDWARE SUPPLIES: JRC: PW
1,224.46
HARDWARE SUPPLIES: JRC: PW
194.63
HARDWARE SUPPLIES: CIVIC CTR

56.31 HARDWARE SUPPLIES: CIVIC CTR
195.52
AIR COMPRESSOR: TRAFFIC MAINT: PW
1,037.96
HARDWARE SUPPLIES: TPL: PW

88.74 2,797.62
211751
3/16/2023
022877

INTL ASSOC OF EMERGENCY,
MEMBERSHIP RENEWAL: EOC
199.00
199.00

MANAGERS
211752
3/16/2023
012883

JACOBS HOUSE INC
FY 22/23 COMMUNITY SVC FUNDING
5,000.00
5,000.00
211753
3/16/2023
018352

JAMES ELLIOTT
STTLMNT: ELTON JOHN TRIBUTE 03/04
5,076.73
5,076.73

ENTERTAINMENT
211754
3/16/2023
018352

JAMES ELLIOTT
ADV PMT: THEATER PERF: WILD
2,750.00
2,750.00

ENTERTAINMENT
WORLD
211755
3/16/2023
018352

JAMES ELLIOTT
ADV PMT: THEATER PERF: EVERYDAY
2,750.00
2,750.00

ENTERTAINMENT
PEOPLE
211756
3/16/2023
021896

JP HANDMADE CORP, DBA
ENVELOPES: FINANCE
919.31

MINUTEMAN PRESS
BUSINESS CARDS: FRONT RECEPTION
101.15
1,020.46
211757
3/16/2023
022914

KARRANT, JONATHAN
TEM PRESENTS: REIMAGINED:
1,076.94
1,076.94
02/26/23
211758
3/16/2023
001091

KEYSER MARSTON
ON CALL CONSULTANT SVCS:
1,332.50
1,332.50

ASSOCIATES INC

PLANNING
211759
3/16/2023
014476

LABELTRONIX LLC
PRINTING SVCS: ECON DEV
1,470.89
PRINTING SVCS: ECON DEV
1,307.41
PRINTING SVCS: ECON DEV
1,443.35
4,221.65
211760
3/16/2023
023206

LASTPASS US LP
PASSWORD PROTECTION: INFO TECH
10,000.00
10,000.00
211761
3/16/2023
023227

LAWNSCAPE SYSTEMS INC
WEED SPRAYING: STREETS: PW
24,512.00
24,512.00
211762
3/16/2023
019884

LEONIDA BUILDERS INC
RET RELEASE: SANTA GERTRUDIS
245,134.17

CRK/PED
REL STP NTC: RED HAWK SERVICES
200,415.75
STP NTC: RED HAWK SERVICES INC.
-200,415.75
245,134.17
211763
3/16/2023
000394

MAINTENANCE
STAFF TRAINING: TRAFFIC CONTROL:
200.00
200.00

SUPERINTENDENT,

STREETS

ASSOCIATION
Page:10

apChkLst Final Check List Page: 11
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
211764
3/16/2023
018925

MEMORABLE BITES LLC, DBA
RFRSHMNTS: CERT CLASS TRAINING:

FIREHOUSE SUBS
FIRE
211765
3/16/2023
019252

NATIONAL CHARITY LEAGUE
REFUND: SEC DEP: TCC
211766
3/16/2023
000727

NATIONAL FIRE PROTECTION
MEMBERSHIP RENEWAL: FIRE DEPT

ASSN, LEADS ETC INC
211767
3/16/2023
018099

NATIONAL SAFETY
DOT TESTING: HR

COMPLIANCE INC
211768
3/16/2023
023202

NEARMAP US INC
AERIAL IMAGERY: GIS
211769
3/16/2023
013319

NEW TANGRAM LLC, DBA
CUBICLE MODIFICATIONS: FINANCE

TANGRAM
211770
3/16/2023
000209

NUTRIEN AG SOLUTIONS INC
EQUIP REPAIR: STREET MAINT: PW
211771
3/16/2023
023155

OLD TOWN WISE RIDERS INC,
VEH REPAIR & MAINTENANCE: TEM

OLD TOWN TEMECULA

SHERIFF
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
VEH REPAIR & MAINTENANCE: TEM SHE
211772
3/16/2023
017720

PERPETUAL PARKS &
SLIDE HARDWARE: CROWN HILL:

PLAYGROUNDS
PARKS
211773
3/16/2023
005820

PRE PAID LEGAL SERVICES

PREPAID LEGAL SERVICES PAYMENT

INC, DBA LEGALSHIELD
211774
3/16/2023
010652

QUALITY CODE PUBLISHING
MUNICIPAL CODE SERVICES: CITY
CLERK
211775
3/16/2023
020127

QUINN COMPANY
GENERATOR SVCS: COMMUNITY REC
CTR
211776
3/16/2023
011853

RANCON COMMERCE CNTR,
APR-JUN'23 BUS PKASSN DUE: STA
PH23&4
73 APR-JUN'23 BUS PKASSN DUE: OVRLNI
211777
3/16/2023
001365

RIVERSIDE COUNTY OF,
RENEW PERMIT: CRC: PW

ENVIRONMENTAL HEALTH
DEPT
Amount Paid Check Total
1,352.09
1,352.09
200.00
200.00
1,152.50
1,152.50
101.95
101.95
10,000.00
10,000.00
7,523.25
7,523.25

17.39 17.39
1,832.90
4,943.49
1,561.55
3,557.93
3,204.63
1,496.33
516.11
17,112.94
2,550.00
2,550.00
234.90
234.90
2,256.90
2,256.90
1,286.16
1,286.16
510.71
198.38
709.09
844.00
844.00
Page:11

apChkLst Final Check List Page: 12
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank: union UNION BANK
Check # Date Vendor
(Continued)
Description
211778 3/16/2023
022715 RIVERSIDE CO PUBLIC
OCT EMERG RADIO RENTALS: CODE

SAFETY, ENTERPRISE
ENF

COMMUNICATION
MAR EMERG RADIO RENTALS: CODE EN
AUG EMERG RADIO RENTALS: CODE EN
SEP EMERG RADIO RENTAL: CODE ENF
JAN EMERG RADIO RENTALS: EOC
JAN EMERG RADIO RENTALS: CODE EN
FEB EMERG RADIO RENTALS: EOC
FEB EMERG RADIO RENTALS: CODE EN
211779 3/16/2023
004822 RIVERSIDE TRANSIT AGENCY
JAN TROLLEY SVCS: CITY MGR
211780 3/16/2023
022843 SAFETY CENTER
SAFETY TRAININGS: TRAFFIC

INCORPORATED

CONTROL/FLAGGI
211781 3/16/2023
023258 SAN FERNANDO VALLEY,
NEW VEHICLE: BLDG INSPECTOR:

AUTOMOTIVE LLC

COM DEV
NEW VEHICLE: CODE ENFORCEMENT
NEW VEHICLE: CODE ENFORCEMENT
NEW VEHICLE: BLDG INSPECTOR: COM
211782 3/16/2023
009980 SANBORN GWYNETH A, CO
COUNTRY LIVE! @ THE MERC 3/4/23

TEMECULA MUSIC ACADEMY
211783 3/16/2023 017699 SARNOWSKI SHAWNA M

PRESTON
211784 3/16/2023 021309 SB&OINC
211785 3/16/2023 013695 SHRED IT US JV LLC, DBA

SHRED IT USA LLC
211786 3/16/2023 000519 SOUTH COUNTY PEST

CONTROL INC
PHOTOGRAPHY SVCS: CULTURE DAY
PHOTOGRAPHY SVCS: ART NIGHT
PHOTOGRAPHY SVCS: ECON DEV
PHOTOGRAPHY SVCS: WOMENS HISTO
PHOTOGRAPHY SVCS: THEATER: TCSD
PHOTOGRAPHY SVCS: CESAR CHAVEZ
PHOTOGRAPHY SVCS: HH VALENTINES
ADA TRANSITION PLAN: PW18-16: CIP
DOCUMENT SHRED SVCS: CITY
CLERK
PEST CONTROL SVCS: LIBRARY
PEST CONTROL SVCS: TCC/PANTRY/SAI
PEST CONTROL SVCS: STA 12
PEST CONTROL SVCS: BIRDSALL PK
PEST CONTROL SVCS: TES POOL
PEST CONTROL SVCS: WOLF CREEK Pk
Amount Paid Check Total
338.35
205.20
388.35
116.50

77.67 388.35

77.67 388.35
2,198.60

1.800.00
31,804.61
33,600.11
31,804.61
33,654.49
832.50
250.00
250.00
475.00
275.00
825.00
225.00
150.00
8,817.60

46.58 90.00
123.00

74.00 70.00

59.00 49.00
1,980.44
2,198.60
1,800.00
130,863.82
832.50
2,450.00
8,817.60

46.58 465.00
Page-12

apChkLst Final Check List Page: 13
03/16/2023 4:03:28PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
211787
3/16/2023
008337

STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: THEATER: TCSD
MISC OFC SUPPLIES: TCSD
MISC OFC SUPPLIES: TCSD
MISC OFC SUPPLIES: FINANCE
MISC OFC SUPPLIES: THEATER: TCSD
MISC OFC SUPPLIES: FINANCE
MISC SUPPLIES: RHRTPL: TCSD
211788
3/16/2023
017814

STC TRAFFIC INC
TRAFFIC ENG SVCS: FIBER OPTIC

COMM PLAN
211789
3/16/2023
000876

TEMECULA VALLEY BALLOON
SPONSORSHIP: BALLOON FESTIVAL
& WINE, FESTIVAL
'23

ASSOCIATION
211790
3/16/2023
019793

URBANE CAFE, TGH
RFRSHMNTS: ACE EVENT 3/3/23

ENTERPRISES LLC
211791
3/16/2023
023055

VAN OTTERLOO INC
EQUIP REPAIR: STREET MAINT: PW
EQUIP REPAIR: PARKS: PW
211792
3/16/2023
022692

VERSA PRODUCTS INC
ERGONOMIC SUPPLIES: HR
211793
3/16/2023
020670

WEBB MUNICIPAL FINANCE
PROF SVCS: TCSD SERVICE LEVELS
LLC
211794
3/16/2023
012343

WEST COAST PERFORMING,
STTLMNT: BOHEMIAN QUEEN 2/23

ARTS PRESENTERS
211795
3/16/2023
013556

WESTERN AV
AV EQUIP: OLD TOWN & VARIOUS
FACILITIES:
211796
3/16/2023
005754

WESTERN EAGLE
FY 22/23 COMMUNITY SVC FUNDING

FOUNDATION
211797
3/16/2023
000621

WESTERN RIVERSIDE
FY22/23 AB939 DUES/SOLID WASTE

COUNCIL OF, GOVERNMENTS
CO-OP
WRCOG
211798
3/16/2023
005118
EMPLOYEE #00327
REIMB: AOAP CONF 2/10-2/17
211799
3/16/2023
013938
WOODSIDE 05S LP
DEPOSIT REFUND: CFD FORMATION
211800
3/16/2023
003776

ZOLL MEDICAL CORPORATION,
PARAMEDIC SUPPLIES: MEDIC: FIRE
GPO
Amount Paid Check Total

47.51 142.70
225.49

84.62 29.90

51.04 158.27 739.53
11,792.50 11,792.50
27,000.00 27,000.00
253.81
253.81
1,966.75
753.00
2,719.75
3,025.48
3,025.48
5,000.00
5,000.00
14,302.82
14,302.82
59,718.92
59,718.92
5,000.00
5,000.00
8,176.82
8,176.82
2,859.43 2,859.43
45,157.50 45,157.50

7.748.81 7.748.81
Grand total for UNION BANK: 1,100,124.68
Page:13

apChkLst Final Check List Page: 14
03/16/2023 4:03:28PM CITY OF TEMECULA
116 checks in this report.

Grand Total All Checks: 1,100,124.68
Page:14

apChkLst
03/21/2023
2:46:25PM
Final Check List

CITY OF TEMECULA
Page: 1
Bank: union UNION BANK
Check #
Date Vendor
Description
Amount Paid
Check Total
14798
2/17/2023 000262

RANCHO CALIF WATER
VAR JAN WATER 3004755 41000 MAIN
17,219.50
17,219.50

DISTRICT
ST
14823
2/7/2023 018858

FRONTIER CALIFORNIA INC
JAN INTERNET SVCS: STA 73
176.68
176.68
14824
2/8/2023 010276

TIME WARNER CABLE
FEB INTERNET SVCS: 32211 WOLF
199.31
199.31

VALLEY RD
14825
2/24/2023 000262

RANCHO CALIF WATER
VAR JAN WATER 3003793 28250 YNEZ
5,258.65
5,258.65

DISTRICT

RD LAKE
14829
3/9/2023 006887

UNION BANK OF CALIFORNIA
023233

BROOKFIELDS
RFRSHMNTS: DIRECTORS AWARD

49.57 EVENT: FIRE
013338

APPLE STORE
ADD'L PHONE STORAGE: FIRE DEPT

0.99 023232

IDEAL PRINT & COPY
PRINTING SVCS: QR STICKERS: FIRE

57.09 001256

MARRIOTT HOTEL
LODGING: FIRE DEPT DIRECTORS
222.16
AWARD
003296

INTL CODE COUNCIL
REGISTRATION: TRAINING CLASS:
450.00
FIRE
023233

BROOKFIELDS
RFRSHMNTS: DIRECTORS AWARD

72.19 EVENT: FIRE
001256

MARRIOTT HOTEL
LODGING: FIRE DEPT DIRECTORS
222.16
AWARD
009486

SHELL OIL
FUEL: DIRECTORS AWARD EVENT:

69.74 FIRE
009486

SHELL OIL
FUEL: DIRECTORS AWARD EVENT:

41.17 FIRE
009486

SHELL OIL
FUEL: DIRECTORS AWARD EVENT:
100.37
FIRE
001264
COSTCO TEMECULA 491
CONDOLENCE FLOWERS: FIRE

51.10 003296

INTL CODE COUNCIL
REGISTRATION: TRAINING CLASS:
675.00
FIRE
011816

DALESIO INC
PRESENTATION HELMET: FIRE
1,075.04
3,086.58
14831
3/9/2023 006887

UNION BANK OF CALIFORNIA
022878

WESTON MEDICAL
EMERGENCY MGMT JOURNALS: EOC
560.00

PUBLISHING
001060
HYATT
LODGING: CONFERENCE: EOC
245.71
012839

SCHOOL OUTFITTERS LLC
EQUIPMENT: WHITEBOARD TABLES:
758.35
1,564.06
EOC
Page:1

apChkLst Final Check List Page: 2
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
14833 3/9/2023
006887

UNION BANK OF CALIFORNIA
021482
GIFTCARDS.COM
EMPLOYEE RECOGNITION: HR
111.88
004905

LIEBERT CASSIDYAND
WEBINAR: HR TRAINING

25.00 WHITMORE
015496
SAN DIEGO AIRPORT PARKING PARKING: PARMACONF: HR

84.00 021482
GIFTCARDS.COM
EMPLOYEE RECOGNITION:
428.45

WELLNESS
000863
1 P M A INTL PUBLIC MGMT,
MEMBERSHIP RENEWAL: HR
835.00

ASSOC FOR HR
021482
GIFTCARDS.COM
EMPLOYEE RECOGNITION:
111.90

WELLNESS
004905

LIEBERT CASSIDYAND
WEBINAR: HR TRAINING

75.00 WHITMORE
022925

AMERICAN SOCIETY OF
MEMEBERSHIP: HR
235.00

SAFETY, PROFESSIONALS
018323

GOAT & VINE THE
RFRSHMNTS: EMPLOYMENT LAW
124.24
MTG: HR
022853
IMOVR
EQUIP: ERGONOMIC DESKS: HR
1,957.50
023237

BURGERS AND BEER
RFRSHMNTS: TEAMSTERS MTG: HR
187.58
021986

ERGOTRON
EQUIP: ERGONOMIC PARTS: HR
270.79
021986

ERGOTRON
EQUIP: ERGONOMIC PARTS: HR
270.79
4,717.13
14835 2/21/2023
010276

TIME WARNER CABLE
FEB INTERNET SVCS: 32131 S LOOP
282.52
282.52
RD
14855 3/3/2023
000262

RANCHO CALIF WATER

VARIOUS WATER JANUARY
6,790.00
6,790.00

DISTRICT
14856 3/2/2023
022942

MOOD MEDIA NORTH
MAR DISH NETWORK 41952 6TH ST

65.18 65.18

AMERICA, HOLDINGS LLC
14857 3/2/2023
022942

MOOD MEDIA NORTH
MAR DISH NETWORK 32131
175.38
175.38

AMERICA, HOLDINGS LLC

BUTTERFIELD STG
14860 3/9/2023
019983

RIVERSIDE COUNTY,
REINVEST PRGM: BEHAVIORAL
250,000.00
250,000.00

PROFESSIONAL

HEALTH GRANT

FIREFIGHTERS
14861 3/10/2023
000262

RANCHO CALIF WATER
3037031: PARK SITE DE PORTOLA RD

61.46 61.46

DISTRICT
14863 3/6/2023
010276

TIME WARNER CABLE
FEB INTERNET SVCS: 32364
119.99
119.99

OVERLAND TRL
Paget

apChkLst
03/21/2023
2:46:25PM
Final Check List

CITY OF TEMECULA
Page: 3
Bank: union UNION BANK
(Continued)
Check #
Date Vendor
Description
Amount Paid
Check Total
14864
3/8/2023 010276

TIME WARNER CABLE
MAR INTERNET SVCS: 32211 WOLF
199.33
199.33

VALLEY RD
14866
3/10/2023 018858

FRONTIER CALIFORNIA INC
FEB INTERNET SVCS: STA 73
171.84
171.84
14867
3/13/2023 021434

MATRIX TELECOM LLC DBA
FEB 800 SERVICES: CIVIC CENTER

69.60 69.60
LINGO
Grand total for UNION BANK: 290,157.21
Page:3

apChkLst Final Check List Page: 4
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check #
Date
Vendor
Description
Amount Paid
Check Total
504232
3/23/2023
013015 ALWAYS RELIABLE
BACKFLOW REPAIRS: VINTAGE HILLS
260.00

BACKFLOW, AKA NANETTE
SEMAN
BACKFLOW REPAIRS: VARIOUS MEI
520.00
BACKFLOW REPAIRS: CRC: PW
425.00
1,205.00
504233
3/23/2023
007282 AMAZON CAPITAL SERVICES
MISC SUPPLIES: BLDG & SAFETY
149.95
INC
MISC SUPPLIES: HR

72.31 VEHICLE SAFETY EQUIP: LAND DE\
195.70
417.96
504234
3/23/2023
000936 AMERICAN RED CROSS,
STAFF/LIFEGUARDS CERTS:
568.10
568.10

HEALTH AND SAFETY SVCS

AQUATICS
504235
3/23/2023
013950 AQUA CHILL OF SAN DIEGO
MAR DRINKING WTR SYS MAINT: PW

29.36 MAR DRINKING WTR SYS MAINT: JF

28.55 MAR DRINKING WTR SYS MAINT: MI

35.89 FEB DRINKING WTR SYS MAINT: PV

29.36 MAR DRINKING WTR SYS MAINT: F(

28.55 MAR DRINKING WTR SYS MAINT: T\

28.55 MAR DRINKING WTR SYS MAINT: TF

28.55 MAR DRINKING WTR SYS MAINT: TF

28.55 MAR DRINKING WTR SYS MAINT: IT

28.55 MAR DRINKING WTR SYS MAINT: CI
213.97
479.88
504236
3/23/2023
007065 B&H PHOTO & ELECTRONICS
MISC AV EQUIPMENT: INFO TECH
4,056.53
CORP
MISC AV EQUIPMENT: INFO TECH
1,067.62
5,124.15
504237
3/23/2023
021588 BRAUN PETER, DBA
MAR PLANTSCAPE SVC: LIBRARY
200.00
200.00

TEMECULA PLANTSCAPE
504238
3/23/2023
004248 CALIF DEPT OF JUSTICE
FEB FINGERPRINT SVC: CUSTODIAL

98.00 98.00

ACCTING

CONTRACT
504239
3/23/2023
000442 COMPUTER ALERT SYSTEMS

ALARM MONITORING CITY
5,505.00
5,505.00
FACILITIES:PW
504240
3/23/2023
010650 CRAFTSMEN PLUMBING &
PLUMBING SVCS: PARKS: PW
325.00

HVAC INC
PLUMBING SVCS: STA 73: FIRE
280.00
PLUMBING SVCS: STA84: FIRE
1,248.00
1,853.00
504241
3/23/2023
001393 DATATICKET INC, DBA
FEB CITIATIONS PROCESSING:
1,809.66
1,809.66

REVENUE EXPERTS
POLICE
504242
3/23/2023
003945 DIAMOND ENVIRONMENTAL
TEMPORARY FENCING: MCCABE CT

95.00 95.00
SRVCS
504243
3/23/2023
018247 DOKKEN ENGINEERING
DSGN SVCS: SOUTHSIDE PARKING
900.00
900.00
LOT
Page:4

apChkLst
03/21/2023
2:46:25PM
Final Check List

CITY OF TEMECULA
Page: 5
Bank: eunion EFT UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
504244
3/23/2023
004192

DOWNS ENERGY FUEL
FUEL FOR CITY VEHICLES: FIRE DEPT
256.17
FUEL FOR CITY VEHICLES: EOC

65.76 FUEL FOR CITY VEHICLES: BLDG &
238.90
FUEL FOR CITY VEHICLES: CODE E
118.68
FUEL FOR CITY VEHICLES: CODE E

41.02 FUEL FOR CITY VEHICLES: BLDG &
363.22
1,083.75
504245
3/23/2023
021412

EIDE BAILLY LLP
FEB 23 FINANCIAL STATEMENT AUDIT
1,000.00
1,000.00
504246
3/23/2023
002577

ENGINEERING RESOURCES,
ENG SVCS: DE PORTOLA: PW22-13
6,617.50
6,617.50

OF SOUTHERN CALIF INC
504247
3/23/2023
009618

ENNIS FLINT INC
BIKE LANE LEGENDS: CIP: PW
28,268.43
28,268.43
504248
3/23/2023
017135
EMPLOYEE #00472
REIMB: CPRS CONNECTIONS CONF
395.00
395.00
504249
3/23/2023
016436
EMPLOYEE #00494
REIMB: XENIAAWARDS

60.00 60.00
504250
3/23/2023
021365

GEORGE HILLS COMPANY INC
JAN CLAIMS ADMINISTRATION: HR
4,151.20
4,151.20
504251
3/23/2023
021308

GILLIS & PANICHAPAN
ARCHITECT SVCS: CRC FAC RENO PH
5,935.00

ARCHITECTS, INC
II

EXTERIORADAIMPROV'TARCHITE(
4,075.00
ARCHITECTURAL SVCS: CRC: PW1f
4,340.00
14,350.00
504252
3/23/2023
003792

GRAINGER
MAINT SUPPLIES: STREETS: PW

78.34 78.34
504253
3/23/2023
020628

HASA INC
POOL SANITIZING CHEMICALS: VARI
1,313.07
1,313.07
POOLS
504254
3/23/2023
006914

INNOVATIVE DOCUMENT
CANON COPIER REPLACEMENT: PD
2,115.51
2,115.51

SOLUTIONS
MALL
504255
3/23/2023
020893

JEFF KATZ ARCHITECTURAL
DSGN SVCS CRC SPLASH PAD:
1,352.25
1,352.25
CORP
PW21-07
504256
3/23/2023
013127

JEFFREY STOVER ONSTAGE,
TEM PRESENTS: 11TH ANNUAL JAZZ
2,919.73
2,919.73

MUSICALS

FESTIVAL
504257
3/23/2023
022824
EMPLOYEE #00630
REIMB: TEAM PACE
250.00
250.00
504258
3/23/2023
003726

LIFE ASSIST INC
MEDICAL SUPPLIES: MEDIC: FIRE
1,553.39
1,553.39
Page:5

apChkLst Final Check List Page: 6
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504259 3/23/2023 022664 MARIPOSATREE

MANAGEMENT INC
504260 3/23/2023 018675 MDGASSOCIATES INC
504261 3/23/2023 004951 MIKE'S PRECISION WELDING
INC
(Continued)
Description
TREE SVCS: MEDIANS: PARKS
TREE SVCS: P-24 HARVESTON: PAF
TREE SVCS: MEDIANS: PARKS
TREE SVCS: S-21 VAIL RANCH: PAR
TREE SVCS: S-03 RANCH HIGHLAN[
TREE SVCS: S-08 REMOVAL: PARKS
TREE SVCS: HARVESTON LAKE: PA
TREE SVCS: S-13 PRESELY SLOPE:

TREE SVCS: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
TREE SVCS: S-18 TEMEKU HILLS: R
TREE TRIMMING: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
TREE SVCS: MEDIANS: PARKS
FEB ADA LABOR COMPLIANCE:

PW18-16

FEB CDBG-CV EMER MORTG ASSIS
FEB ADA LABOR COMPLIANCE: PW:

FEB CDBG PRGM ADMIN: PLANNINC
WELDING SVCS: PARKS: PW
504262 3/23/2023 004043 MISSION ELECTRIC SUPPLY ELECTRICAL SUPPLIES: FACILITY

INC REHAB PROJ
ELECTRICAL SUPPLIES: CHILDREN!
504263 3/23/2023 022599 NIEVES LANDSCAPE INC FEB LDSCP MAINT SVCS: SLOPES:

PARKS: PW
504264 3/23/2023 021121 OCCUPATIONAL HEALTH CTR PRE -EMPLOYMENT SCREENINGS: HR

OF CA, DBA CONCENTRA

MEDICAL CTR
504265 3/23/2023 021998 OLD TOWN TIRE AND SERVICE VEHICLE MAINT: BLDG & SAFETY INC
VEHICLE MAINT: CODE ENFORCEM
VEHICLE MAINT: CODE ENFORCEM
VEHICLE MAINT: STREET MAINT: P�
VEHICLE MAINT: BLDG & SAFETY
504266 3/23/2023 012904 PRO ACTIVE FIRE DESIGN FEB PLAN REVIEW SVCS: FIRE PREV

AND, CONSULTING
Amount Paid Check Total
14,039.00
752.60
1,049.72
23,416.29
5,218.19
1,842.36
1,143.45
3,645.78
472.40
377.92
13,215.70
566.82
1,172.85
2,581.47
3,939.00

51.25 76.88
589.38
4,736.25
180.00

36.31 103.83
60, 309.58

38.00 347.72
347.72
347.72
232.17
347.72
10,273.50
73,433.55
5,453.76
180.00
140.14
60, 309.58

38.00 1,623.05
10,273.50
Page:6

apChkLst Final Check List Page: 7
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504267 3/23/2023 005075 PRUDENTIAL OVERALL
SUPPLY
504268 3/23/2023 022537 REFRIGERATION SUPPLIES

DISTRIBUTOR
(Continued)
Description
FLOOR MATS/ TOWEL RENTALS:

LIBRARY
FLOOR MATS/TOWEL RENTALS: MP
FLOOR MATS/TOWEL RENTALS: THI
FLOOR MATS/ TOWEL RENTALS: LIE
FLOOR MATS/TOWEL RENTALS: TC(
FLOOR MATS/TOWEL RENTALS: THI
UNIFORM SVCS: STREET MAINT: Pb
UNIFORM SVCS: STREET MAINT: Pb
UNIFORM SVCS: PARK MAINT: PW
FLOOR MATS/TOWEL RENTALS: FO,
UNIFORM SVCS: STREET MAINT: P�
UNIFORM SVCS: PARK MAINT: PW
UNIFORM SVCS: PARK MAINT: PW
FLOOR MATS/TOWEL RENTALS: SEI
FLOOR MATS/TOWEL RENTALS: CRC
FLOOR MATS/TOWEL RENTALS: TVI
FLOOR MATS/TOWEL RENTALS: THI
FLOOR MATS/TOWEL RENTALS: TVI
FLOOR MATS/TOWEL RENTALS: TC(
FLOOR MATS/TOWEL RENTALS: TC(
MISC HVAC SUPPLIES: PARKING
GARAGE
504269 3/23/2023 020429 REMOTE SATELLITE SYSTEMS FEB '23 SAT PH AIRTIME/APR FEE:

INTL EOC
Amount Paid Check Total

19.88 24.52

9.89 19.88

14.32 9.89

44.64 47.06

4.62 10.28

15.96 70.78

4.62 24.52

31.45 12.74

9.89 12.74

14.32 14.32

70.17 349.15
416.32

70.17 349.15
Page:7

apChkLst Final Check List Page: 8
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK
Check # Date Vendor
504270 3/23/2023 002412 RICHARDS WATSON AND

GERSHON
504271 3/23/2023 004274 SAFE AND SECURE

LOCKSMITH SRVC
504272 3/23/2023 009213 SHERRY BERRY MUSIC
504273 3/23/2023 021620 SIEMENS MOBILITY INC,

YUNEX LLC
(Continued)
Description
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
JAN 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
FEB 2023 LEGAL SERVICES
LOCKSMITH SVCS: CIVIC CTR
LOCKSMITH SVCS: TVE2: PW
JAZZ @ THE MERC 3/9/23
JAZZ @ THE MERC 3/2/23
TEM PRESENTS: THEN & NOW 02/2,
STREET LIGHT REMOVAL: MEADOWS
PKWY
504274 3/23/2023 013482 SILVERMAN ENTERPRISES 03/01-03/26 SECURITY: ROTATING INC. DBA BAS SECURITY PARKS
504275 3/23/2023 000944 SWARCO MCCAIN INC TRAFFIC CABINET: STREET MAINT PW
504276 3/23/2023 021549 EMPLOYEE #00534 REIMB: TEAM PACE Amount Paid Check Total
8,071.93

69.00 42,166.15
1,646.00
15,472.47
113.00

53.00 383.50
830.06

29.50 855.50

87.28 2,203.91
3,646.50
2,035.50
1,995.00
354.00
5,188.24
236.00
7,038.50
8,276.92
212.10
2,153.50
7,258.97
1,032.50
1,091.50
3,622.00
38,742.57

16.15 398.75
800.00
2,485.00
1,778.00
4,837.56
4,647.50
5,018.82
260.99
154, 865.10
414.90
5,063.00
4,837.56
4,647.50
5,018.82
260.99
Page:8

apChkLst Final Check List Page: 9
03/21/2023 2:46:25PM CITY OF TEMECULA
Bank: eunion EFT UNION BANK (Continued)
Check # Date Vendor Description Amount Paid Check Total 504277 3/23/2023 020399 VOICES FOR CHILDREN CDBG REIMBURSEMENT: JUL-DEC'22 4,198.88 4,198.88 504278 3/23/2023 020275 WALLACE & ASSOC FEB CONST MGMT SVCS: CRC: 18,300.00 CONSULTING LLC, ANSER PW19-07

ADVISORY MNGMT LLC
JAN INSPECTION SVCS: LAND DEV/ 14,076.00 32,376.00
504279 3/23/2023 000820 WINCHAK KRIS R, DBA K R W & FEB ENG PLAN CK REVIEW: LAND DEV 11,130.00 11,130.00

ASSOCIATES
Grand total for EFT UNION BANK: 458,863.89
Pages

apChkLst Final Check List Page: 10
03/21/2023 2:46:25PM CITY OF TEMECULA
65 checks in this report.

Grand Total All Checks: 749,021.10
Page:10

apChkLst Final Check List Page: 1
03/23/2023 12:50:56PM CITY OF TEMECULA
Bank:
union UNION BANK
Check #
Date
Vendor
Description
14793
2/28/2023
000537

SO CALIF EDISON

VARIOUS JAN SCE
14796
2/28/2023
010276

TIME WARNER CABLE

VARIOUS JAN/FEB INTERNET SVCS
14797
2/28/2023
018858

FRONTIER CALIFORNIA INC

VARIOUS JAN/FEB INTERNET SVCS
14804
2/27/2023
001212

SO CALIF GAS COMPANY

VARIOUS JAN SO CAL GAS
14834
2/21/2023
002390

EASTERN MUNICIPAL WATER

VARIOUS JAN WATER SVCS
DIST
14858
3/7/2023
014486

VERIZON WIRELESS
1/16-2/15
CELLULAR/BROADBAND:CITYWIDE
14869
3/16/2023
010349

CALIF DEPT OF CHILD

SUPPORT PAYMENT

SUPPORT
14870
3/16/2023
021301

I C M A RETIREMENT PLAN
ICMA- 401(A) RETIREMENT PLAN
106474

PAYMENT
14871
3/16/2023
000194

I C M A RETIREMENT PLAN
ICMA-RC RETIREMENT TRUST 457
303355

PAYMENT
14874
3/16/2023
001065

NATIONWIDE RETIREMENT

NATIONWIDE RETIREMENT PAYMENT

SOLUTION
14875
3/16/2023
019088

NATIONWIDE RETIREMENT

NATIONWIDE LOAN REPAYMENT

SOLUTION

PAYMENT
14876
3/16/2023
000389

NATIONWIDE RETIREMENT

OBRA- PROJECT RETIREMENT

SOLUTION

PAYMENT
14880
3/17/2023
000262

RANCHO CALIF WATER
VARIOUS WATER FEBRUARY BATCH 1

DISTRICT
14881
3/21/2023
002390

EASTERN MUNICIPAL WATER

VARIOUS FEB WATER SVCS
DIST
14882
3/20/2023
010276

TIME WARNER CABLE
MAR INTERNET SVCS: 32131 S LOOP
RD
211801
3/23/2023
013387

ADAME LANDSCAPE INC, DBA
MAR SWEEPING SVCS: PARKING

SWEEPING UNLIMITED
GARAGE
Amount Paid Check Total
159,729.30
159,729.30
12,033.59
12,033.59
10,130.78
10,130.78
40,826.64
40,826.64
1,113.65
1,113.65
12,207.23
12,207.23
138.92
138.92
384.62
384.62
17,700.31
17,700.31
14,471.21
14,471.21
427.79
427.79
4,202.28
4,202.28
24,768.06
24,768.06
2,473.33
2,473.33
292.34
292.34
540.00
540.00
Page:1

apChkLst
03/23/2023
12:50:56PM
Final Check List

CITY OF TEMECULA
Page: 2
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211802
3/23/2023
003951

ALL AMERICAN ASPHALT
ASPHALT SUPPLIES: STREET MAINT:
370.79
PW
ASPHALT SUPPLIES: STREET MAINT: PV1
466.12
ASPHALT SUPPLIES: STREET MAINT: PV1
998.53
1,835.44
211803
3/23/2023
009787

ALTEC INDUSTRIES INC
EQUIPMENT REPAIR: STREET MAINT:
233.25
233.25
PW
211804
3/23/2023
002187

ANIMAL FRIENDS OF THE
FEB ANIMAL CONTROL SVCS:
10,500.00
10,500.00

VALLEYS

TEMECULA
211805
3/23/2023
000101

APPLE ONE INC
JAN TEMP HELP: FINANCE
14,732.92
14,732.92
211806
3/23/2023
022888

ARAMARK SERVICES INC, DBA
RFRSHMNTS SVCS: CIVIC CTR: PW
920.16
920.16

ARAMARK REFRESHMENT
211807
3/23/2023
021689

ASCENT ENVIRONMENTAL INC
SEIR: TEM VLY HOSPITAL: PA22-0105
12,333.75
SEIR: TEM VLY HOSPITAL: PA22-0105
9,945.00
22,278.75
211808
3/23/2023
001323

BLUETRITON BRANDS INC,
WATER DLVRY SVCS: FOC

85.89 85.89

DBA READYREFRESH
211809
3/23/2023
023077

BW INDUSTRIES INC
PROJ MGMT SVCS: DOCUSIGN
2,275.00
2,275.00
211810
3/23/2023
003138

CAL MAT, DBAVULCAN
ASPHALT SUPPLIES: STREET MAINT:
493.45
493.45

MATERIALS CO
PW
211811
3/23/2023
021851

CALIF NEWSPAPERS
LEGAL PUBLICATIONS: PLANNING
802.27

PARTNERSHIP, DBA SO CALIF

NEWS GROUP
LEGAL PUBLICATIONS: PLANNING
3,463.14
4,265.41
211812
3/23/2023
020549
CALLYO 2009 CORP
MOBILE PHONE TECHNOLOGY:
3,888.00
3,888.00
POLICE
211813
3/23/2023
018828

CASC ENGINEERING AND,

JAN COMMERCIAL/IND'L
1,942.50
1,942.50

CONSULTING INC
INSPECTIONS: NPDES
211814
3/23/2023
022930

CCS SAN DIEGO JANITORIAL
APR JANITORIAL SVCS: OTSF POLICE
616.04
616.04

INC, DBACCS FACILITY

SERVICES
211815
3/23/2023
005417
CINTAS PROTECTION NO 2,
FIRE EXTINGUISHER INSPECTION:
275.89
275.89
CINTAS FIRE 636525
PARKS
211816
3/23/2023
023175

COMPLETE OFFICE OF
MISC OFC SUPPLIES: CODE
285.33
285.33

CALIFORNIA, INC

ENFORCEMENT
Paget

apChkLst
03/23/2023 12:50:56 P M
Final Check List

CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
211817
3/23/2023
002945

CONSOLIDATED ELECTRICAL
ELECTRICAL SUPPLIES: PARKS: PW
DIST
211818
3/23/2023
011922

CORELOGIC INC, DBA
FEB SOFTWARE SUBSCRIPTION:

CORELOGIC SOLUTIONS

CODE ENF
211819
3/23/2023
023248

CORTEZ GASTELUM, MARIA
NEWSPAPER SUBSCRIPTION: MPSC:

VICTORIA
TCSD
211820
3/23/2023
004329
COSTCO TEMECULA 491
211821
3/23/2023
012600

DAVID EVANS AND

ASSOCIATES INC
211822
3/23/2023
012614

DBX INC
211823
3/23/2023
022893

DUGAN, PETER
211824
3/23/2023
023263

ENVIRONMENTAL LOGISTICS
INC
211825
3/23/2023
004836

EWING IRRIGATION

PRODUCTS INC
211826
3/23/2023
021515
EMPLOYEE #00587
211827
3/23/2023
015330

FAIR HOUSING COUNCIL, OF

RIVERSIDE COUNTY INC
NEWSPAPER SUBSCRIPTION: MPSC TC:

NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
NEWSPAPER SUBSCRIPTION: MPSC: TC
RFRSHMNTS: EVENTS: TVM & ACE
TEEN EGG HUNT SUPPLIES: TCSD
DSGN SVCS: MPSC REC AREA:

PW22-08
FEB DSGN SVCS: RECYCLED WTR PRO.

TRAFFIC SIGNAL INSTALLATION: CIP:

PW
THEATER PERFORMANCE: 04/08/23
DISPOSAL HAZARDOUS WASTE: FIRE
STA 84
5 YEAR DATA SVC PLAN: PARKS: PW
REIMB: TEAM PACE
FEB SUB -RECIPIENT: FAIR HOUSING
SVCS
Amount Paid

62.04 284.50
iiE:yfli
112.50

93.75 125.00
118.75
125.00
112.50
118.75
118.75
118.75
112.50
118.75
125.00
125.00
125.00
118.75
118.75
125.00
266.03
1,846.84
9,165.58
117.50
170,797.74
1,549.99
321.25
3,458.25
250.00
1,565.67
Page: 3
Check Total

62.04 284.50
2,131.25
2,112.87
9,283.08
170,797.74
1,549.99
321.25
3,458.25
250.00
1,565.67
Page:3

apChkLst
03/23/2023
12:50:56PM
Final Check List

CITY OF TEMECULA
Page: 4
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211828
3/23/2023
000165

FEDERAL EXPRESS INC
EXPRESS MAIL SVCS: FIRE

17.95 EXPRESS MAIL SVCS: CIP

13.85 EXPRESS MAIL SVCS: CIP

8.17 EXP MAIL SVCS: CODE ENFORCEMENT

25.29 65.26
211829
3/23/2023
022832

GEOTAB USA INC
VEHICLE TELEMATICS: CITY FLEET
1,501.00
VEHICLE TELEMATICS: CITY FLEET
1,573.68
3,074.68
211830
3/23/2023
000186

HANKS HARDWARE INC
MISC MAINT SUPPLIES: STREETS: PW
1,125.55
MISC MAINT SUPPLIES: FIRE DEPT
742.52
1,868.07
211831
3/23/2023
022946
EMLOYEE #07115
REIMB: TEAM PACE

29.88 29.88
211832
3/23/2023
003198

HOME DEPOT
ARTIFICIALTURF: GROUNDBREAKING
255.35
FV
HRDWR SUPPLIES: DAY CAMP: TCSD
2,205.45
2,460.80
211833
3/23/2023
011049

HOSPICE OF THE VALLEYS SC
CDBG REIMBURSEMENT: JUL-DEC'22
4,547.06
4,547.06
211834
3/23/2023
021896

JP HANDMADE CORP, DBA
PRINTING SVCS: FINANCE
103.78
103.78

MINUTEMAN PRESS
211835
3/23/2023
004813

M AND J PAUL ENTERPRISES
JUMPER RENTALS: SPECIAL GAMES:
995.00
995.00

INC, DBA JOLLY JUMPS
TCSD
211836
3/23/2023
006140

NORTH JEFFERSON BUSINESS
APR-JUN'23ASSN DUES 1810#16: FV
571.82
PARK
APR-JUN '23 ASSN DUES 8358 #20: FV
722.04
APR-JUN '23 ASSN DUES 0155 #19: FV
694.58
APR-JUN'23ASSN DUES 8329#17: FV
531.43
2,519.87
211837
3/23/2023
003964

OFFICE DEPOT BUSINESS SVS
MISC OFC SUPPLIES: NPDES: PW

10.86 DIV
MISC OFC SUPPLIES: NPDES: PW

51.92 MISC OFC SUPPLIES: FINANCE
-35.38
MISC OFC SUPPLIES: FINANCE
-15.32

12.08 211838
3/23/2023
019440

QUADIENT INC
POSTAGE FOR METER: TEM SHERIFF
255.60
255.60
211839
3/23/2023
002176

RANCHO CALIF BUS PKASSOC
APR-JUN'23 BUS PKASSN DUE: DIAZ
2,033.07
RD
APR-JUN '23 BUS PK ASSN DUE: TVE2
2,234.14
APR-JUN'23 BUS PKASSN DUE: FOC
1,843.17
6,110.38
211840
3/23/2023
017391

RISE INTERPRETING INC
FEB SIGN LANGUAGE INTERPRETING:
1,120.00
1,120.00

CLASSES
211841
3/23/2023
022715

RIVERSIDE CO PUBLIC
FEB EMERG RADIO RENTALS: POLICE
1,893.31
1,893.31

SAFETY, ENTERPRISE

COMMUNICATION
Page:4

apChkLst Final Check List Page: 5
03/23/2023 12:50:56PM CITY OF TEMECULA
Bank: union UNION BANK
(Continued)
Check # Date
Vendor
Description
211842 3/23/2023
022495

RIVERSIDE CO SHERIFFS
BUSINESS CARDS: TEM SHERIFF

GREYBAR
211843 3/23/2023
022593

RIVERSIDE CO, OFC OF
PROMOTION PRGM: ICSC BOOTH

ECONOMIC DEV
SPACE
211844 3/23/2023
001097

ROADLINE PRODUCTS INC

PAINT ACCESSORIES FOR STENCIL
TRUCK: PW
211845 3/23/2023
017699

SARNOWSKI SHAWNA M
PHOTOGRAPHY SVCS: MPSC: TCSD

PRESTON
211846 3/23/2023
023259

SCHOOL SAFETY ADVOCACY,
REGISTRATION: SCHOOL SAFETY

COUNCIL INC
CONF
211847 3/23/2023
022929

SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW

LINCOLN AQUATICS
MISC POOL SUPPLIES: AQUATICS: PW
MISC POOL SUPPLIES: AQUATICS: PW
MISC POOL SUPPLIES: AQUATICS: PW
MISC POOL SUPPLIES: AQUATICS: PW
MISC POOL SUPPLIES: AQUATICS: PW
211848 3/23/2023
022929

SCP DISTRIBUTORS LLC, DBA
MISC POOL SUPPLIES: AQUATICS: PW

LINCOLN AQUATICS
MISC POOL SUPPLIES: AQUATICS
211849 3/23/2023
013376

SECURITY SIGNAL DEVICES
ALARM SYS SVCS: TPL

INC, SSD SYSTEMS
211850 3/23/2023
015457

SHAW HR CONSULTING INC
CONSULTING SVCS: REGISTRATION:

HR
211851 3/23/2023
013695

SHRED IT US JV LLC, DBA
DOCUMENT SHRED SVCS: CITY

SHRED IT USA LLC
CLERK
DOCUMENT SHRED SVCS: CITY CLERK
211852 3/23/2023
014818

SKYFIT TECH INC
FITNESS CENTER ENHANCEMENTS:

HR
211853 3/23/2023
002503

SOUTH COAST AIR QUALITY,
I C E ELEC GEN DIESEL: CIVIC CTR

MANAGEMENT DISTRICT
FLAT EMISSIONS FEE: CIVIC CTR
Amount Paid Check Total

64.65 64.65
4,000.00
4,000.00
1,390.89
1,390.89
250.00
250.00
1,650.00
1,650.00
300.30
-150.00
-170.00
-50.00

78.39 242.86
251.55
-100.00
248.80
148.80
1,093.00
1,093.00
2,798.00
2,798.00
247.91
1,735.54
1,983.45
2,167.48
2,167.48
468.76
151.85
620.61
Pages

apChkLst
03/23/2023
12:50:56PM
Final Check List

CITY OF TEMECULA
Page: 6
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
Amount Paid
Check Total
211854
3/23/2023
000519

SOUTH COUNTY PEST
PEST CONTROL SVCS: CIVIC CTR
120.00

CONTROL INC
PEST CONTROL SVCS: RRSP

94.00 PEST CONTROL SVCS: WOLF CREEK Pk

49.00 PEST CONTROL SVCS: FOC

52.00 PEST CONTROL SVCS: STA 92

42.00 PEST CONTROL SVCS: WEDDING CHAR

32.00 PEST CONTROL SVCS: STA 95

80.00 PEST CONTROL SVCS: CRC

94.00 PEST CONTROL SVCS: CRC

90.00 PEST CONTROL SVCS: SENIOR CENTEF

29.00 PEST CONTROL SVCS: MUSEUM

42.00 724.00
211855
3/23/2023
013935

SOUTHERN CALIFORNIA
UTILITY RELOCATION: 1-15/FV PKWY
2,875.51
2,875.51

EDISON CO

IMPRVMN
211856
3/23/2023
008337

STAPLES BUSINESS CREDIT
MISC OFC SUPPLIES: TCSD
274.04
MISC OFC SUPPLIES: LAND DEV: PW

41.42 MISC OFC SUPPLIES: NPDES: PW

54.87 370.33
211857
3/23/2023
015648

STEIN ANDREW, DBA PARKINK
MISC MERCHANDISE: SPECIAL
3,465.17
3,465.17
EVENTS:TCSD
211858
3/23/2023
023221

SWCA INCORPORATED
CONSULT SVCS: WILDFIRE
2,309.30
2,309.30

PROTECTION PLAN
211859
3/23/2023
010061

TEMECULA OLIVE OIL
WORKFORCE PGM: YOUNG WOMEN'S
451.60
451.60

COMPANY
CONF
211860
3/23/2023
000306

TEMECULA VALLEY PIPE &
IRRIGATION/PLUMBING SUPPLIES:
642.92
642.92
SUPPLY
PARKS: PW
211861
3/23/2023
003941

TEMECULA WINNELSON
MISC PLUMBING SUPPLIES: PARKS

26.15 26.15

COMPANY
211862
3/23/2023
002452

TOP LINE INDUSTRIAL,
MISC SUPPLIES: STREET MAINT: PW

22.85 22.85

PRODUCTS INC
211863
3/23/2023
000161

TYLER TECHNOLOGIES INC
REGISTRATION: CONFERENCE: FIRE
1,099.00
1,099.00
211864
3/23/2023
000161

TYLER TECHNOLOGIES INC
REGISTRATION: CONFERENCE: FIRE
1,099.00
1,099.00
211865
3/23/2023
014850

VALLEY PRINTING SERVICES
PRINTING SVCS: QLMP BOOKLET
404.55
404.55
INC
211866
3/23/2023
014486

VERIZON WIRELESS
2/11-3/10 TASK FORCE TABLETS:
475.11
475.11
POLICE
Page6

apChkLst Final Check List Page: 7
03/23/2023 12:50:56PM CITY OF TEMECULA
Bank:
union UNION BANK
(Continued)
Check #
Date
Vendor
Description
211867
3/23/2023
022692

VERSA PRODUCTS INC
ERGONOMIC SUPPLIES: HR
211868
3/23/2023
001890

VORTEX INDUSTRIES INC
DOOR REPAIR: CIVIC CENTER
211869
3/23/2023
007987

WALMART
MISC SUPPLIES: EASTER HUNT: TCSD
211870
3/23/2023
022529

WERLE TIMOTHY J, DBA
CHALLENGE COINS: FIRE DEPT

CAMPAIGN FIRE COINS
211871
3/23/2023
000339

WEST PUBLISHING
FEB CLEAR SUBSCRIPTION: TEM

CORPORATION, DBA

SHERIFF

THOMSON REUTERS
211872
3/23/2023
017053

WOHLFORD CHAD TYLER DBA,
CONSULTING SVCS: FINANCE

WOHLFORD CONSULTING
211873
3/23/2023
023093

WOLFE INTERACTIVE INC
MISC PROMOTIONAL ITEMS: ECON
DEV
Amount Paid Check Total
1,900.97
1,143.98

97.38 1,200.00

1.053.45
6,075.00
220.00
Grand total for UNION BANK:
1,900.97
1,143.98

97.38 1,200.00
1,053.45
6,075.00
220.00
625, 015.19
Page-7

apChkLst Final Check List Page: 8
03/23/2023 12:50:56PM CITY OF TEMECULA
88 checks in this report.

Grand Total All Checks: 625,015.19
Page:8

Item No. 4

CITY OF TEMECULA

AGENDA REPORT
TO: City Council
FROM: Betsy Lowrey, Assistant to the City Manager
DATE: April 11, 2023
SUBJECT: Approve Amended and Restated Office Lease and Memorandum of Lease Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley
PREPARED BY: Betsy Lowrey, Assistant to the City Manager RECOMMENDATION: That the City Council approve amended and restated office lease and memorandum of lease between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley in substantially the form as attached and authorize the Assistant City Manager to execute same.

BACKGROUND: The City recognizes the value of Visit Temecula Valley's operations to the City of Temecula and its residents, and the value of having the Visit Temecula Valley offices located adjacent to City Hall within the tourism district of Old Town. Visit Temecula Valley proactively markets, promotes, and supports Temecula's continually growing $1.1 Billion annual tourism economy that welcomes approximately 3 million visitors each year (based on pre-COVID pandemic data). Temecula's vibrant tourism economy provides value to the City of Temecula by fueling job creation, economic growth, tourism development and strengthening the City's brand.

Currently, the Tourism industry generates nearly $4 Million annually in Transient Occupancy Tax within the City of Temecula. In addition, City Hall front desk staff directs many walk-in tourists (anticipated to grow significantly with several approved hotel developments in Old Town) to Visit Temecula Valley for tourist and promotional information.

Visit Temecula Valley has been a tenant of the Civic Center Complex since 2011. Visit Temecula Valley initially leased a portion of office and retail space adjacent to the public parking garage and the Police Station on the 1st floor facing Mercedes Street. In 2019, Visit Temecula Valley completed tenant improvements on the 2nd floor to occupy both the 1 st floor and 2nd floor totaling 5,001 square feet. On August 1, 2022, Visit Temecula Valley relinquished a portion (335 square feet) of their original 1 st floor office lease space to the City, and on November 8, 2022 relinquished the remaining 1st floor office and retail lease space. This allowed Visit Temecula Valley's operations to be conducted solely on the 2nd floor that was improved in 2019, totaling 3,985 square feet known as 28690 Mercedes Street, Suite 201, Temecula. It also allowed the City to expand its Old Town Police station on the 1st floor for a more visible police presence in Old Town, and provided adequate space for the Old Town Metro Team to be housed. Additionally, the former Visit Temecula Valley store front Visitors Center on the 1 st floor has become the City's rebranded Welcome Center.

The initial term of the Amended and Restated Office Lease will be five years and will provide approximately $392,300 in revenue to the City. The monthly rent will be $6,538.27, with increases based on the Consumer Price Index upon expiration of the initial five-year lease.

FISCAL IMPACT: Office space rental revenue will generate $6,538.27 per month ATTACHMENTS: 1. Amended and Restated Office Lease

2. Memorandum of Lease

AMENDED AND RESTATED OFFICE LEASE BETWEEN THE CITY OF

TEMECULA AND TEMECULA VALLEY CONVENTION & VISITORS

BUREAU DBA VISIT TEMECULA VALLEY
This Amended and Restated Office Lease Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley ("Lease") is made by and between the City of Temecula, a municipal corporation ("City" or "Landlord") and Temecula Valley Convention & Visitors Bureau, a California non-profit corporation, dba Visit Temecula Valley ("Tenant") and is effective on the date it is fully executed. The City and Tenant may be referred to below collectively as the "Parties". In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. RECITALS. This Lease is made with respect to the following purposes and facts that the Parties acknowledge as true and correct:

A. On November 24, 2009, the Parties entered into that certain Office Lease for the rental by Tenant of certain premises located in the building located at 28690 Mercedes Street, Suite 201, Temecula, California ("Building"). The Parties later entered into a First Amendment and Second Amendment to said Office Lease (collectively "2009 Office Lease"). The term of the 2009 Office Lease commenced on March 11, 2011 and expired on February 28, 2018.

B. On February 13, 2018, the Parties entered into that certain Office Lease for the rental by Tenant of certain premises located in the Building. The Parties entered into four amendments to the 2018 Office Lease (collectively "2018 Office Lease"). On February 13, 2019, the Parties entered into a First Amendment to the 2018 Office Lease. On May 5, 2020, the Parties entered into a Second Amendment to the 2018 Office Lease. On July 14, 2020, the Parties entered into a Third Amendment to the 2018 Office Lease. On March 26, 2021, the Parties entered into a Fourth Amendment to the 2018 Office Lease.

C. As of August 1, 2022, the Parties agreed to an initial reduction of 335 square feet from the total 5,001 square feet leased by Tenant to allow the City to proceed with expansion of the Old Town Police Station on the first floor of City Hall. Based on potential plans of the City to use additional portions of the leased area located on the first floor of the Building, the Parties continued their discussions regarding the space that Tenant would lease from the Building. On November 8, 2022, the Parties agreed to a total reduction of the first floor to allow the City to use the entire first floor of the Building. Accordingly, effective November 8, 2022, the Parties agreed that Tenant would occupy a total approximate 3,985 square foot portion of the Building located solely on the Second Floor of the Building for a monthly rate of $6,538.27 effective November 8, 2022 and in consideration of all leased area reductions and a CPI adjustment of 4.9% in September of 2022. The total 3,985 square foot portion of the Building that Tenant occupies as of November 8, 2022 is referred to below as the "Premises" and is depicted on Exhibit "A", which is attached hereto and incorporated herein by this reference.

D. Both the City and Tenant recognize the value of Visit Temecula Valley's operations to the City of Temecula and its residents and the value of having the Visit Temecula Valley offices located adjacent to City Hall within the tourism district of Old Town. Visit Temecula Valley proactively markets, promotes and supports Temecula's continually growing $1.1 Billion annual tourism economy that welcomes approximately 3 million visitors each year to the Temecula Valley. Temecula's vibrant tourism economy provides value to the City of -1-
11086-0111 \2763059v3.doc

Temecula by fueling job creation, economic growth, tourism development and strengthening the City' s brand. Currently, the Tourism industry generates local tax revenue of $6.9 Million annually for the City of Temecula from tourists driving more than 50 miles away, which does not include local or regional visitors. In addition, City Hall front desk staff directs many walk-in tourists to the Visit Temecula Valley for tourist and promotional information. Tourism is anticipated to grow significantly with several approved hotel developments in Old Town.

E. The Parties wish to enter into this Lease to set forth the terms and conditions of Tenant's lease of the Premises. This Agreement replaces in its entirety the 2018 Lease.

Accordingly, the 2018 Lease, as amended by the First Amendment, Second Amendment, Third Amendment and Fourth Amendment, will have no force or effect.

F. The above Recitals are incorporated in this Lease by this reference.

NOW THEREFORE, in consideration of the terms and conditions of this Lease, the City and Tenant agree to Tenant's Lease of the Premises, subject to the terms and conditions set forth below.

2. PREMISES; CONFERENCE CENTER; PARKING; COMMON AREAS
A. Premises. Subject to the terms and conditions of this Lease, the City hereby leases to Tenant and Tenant hereby leases from the City, the Premises described in Exhibit "A" attached hereto and incorporated herein by this reference. The Premises consist of an approximate 3,985 square foot area located on the second floor of the Building located at 28690 Mercedes Street, Suite 201, Temecula.

B. Use of Conference Center. Upon 14 days prior written notice to City given no more than once a month, Tenant will have the right to use the portion of the Building commonly referred to as the "Conference Center" for a monthly meeting of Tenant's Board of Directors.

Tenant will coordinate with the City regarding the date for said monthly meeting to avoid conflicts with other scheduled uses of the Conference Center.

C. Parking. Tenant's customers will have the right to use the parking spaces in the parking facility in the Building, which is free of charge. Tenant agrees that Tenant's employees, contractors, officers, and agents will only park on level 2 and level 3 of the parking facility that is part of the Building. There are no reserved or designated parking spaces assigned to Tenant.

D. Common Areas. Tenant will also have the non-exclusive right to use Common Areas (as hereinafter defined) for ingress and egress to and from the Premises. As used herein, the term "Common Areas" will mean all areas within the exterior boundaries of the parcel of land on which the Building is located that is now or later made available for the general, nonexclusive use of City, other persons entitled to occupy the Building and the exterior boundaries and the term "Project" will mean the Building together with the parcel of land on which the Building is located. Tenant understands and acknowledges that, although included within the definition of "Common Area" herein, the parking facility and related facilities for the Project may, at City's sole and absolute option and in accordance with applicable laws and governmental requirements, be available and open to the general public for parking. City will have the right to (i) utilize from time to time any portion of the Common Area for promotional, entertainment and -2-
2763059v4

related matters; (ii) place permanent or temporary kiosks, displays, carts and stands in the Common Area and to lease same to tenants; (iii) restrain the use of the Common Area by unauthorized persons; (iv) temporarily close any portion of the Common Area for repairs, improvements or alterations, to discourage non -customer use, to prevent dedication or an easement by prescription or for any other reason deemed sufficient in City's judgment; and (v) renovate, upgrade or change the shape and size of the Common Area or add, eliminate or change the location of improvements to the Common Area including, without limitation, buildings, parking areas, roadways and curb cuts, and to construct buildings on the Common Area.

E. AS -IS Condition. City makes no warranties or representations, express or implied, regarding the condition of the Premises or Building and Tenant will take possession of the Premises in "AS -IS" condition.

3. TERM.

A. Term. The Term of the Lease of the Premises commenced on November 8, 2022 (Commencement Date). The Term of the Lease will terminate five years from the Commencement Date; provided, however, that the initial five-year term will automatically extend, on an annual basis, for one year, and such annual extensions ("Annual Extension Periods") will continue in perpetuity unless City or Tenant give 30 days prior written notice to the other (at any time during any one year annual extension) that said party elects to terminate this Lease, and this Lease will terminate at the end of said 30-day period. The initial five-year term of the Premises as so extended by the Annual Extension Periods, is hereinafter referred to as the "Term".

B. Renegotiation Option. Prior to the commencement of any of the Annual Extension Periods, the City has the option to renegotiate the terms of the Lease by providing written notice to Tenant 30 days prior to the commencement of any such one-year extension period.

4. RENT; ADJUSTMENTS; SECURITY DEPOSIT.

A. Monthly. Commencing on November 8, 2022, Tenant will pay to City for Tenant's lease of the Premises, as monthly rent, without deduction, setoff, notice or demand, in advance, on or before the first business day of each calendar month the sum of $6,538.27 per month (3,985 square feet @ $1.6407199 per square foot), which will be adjusted in accordance with Paragraph 4.13. of the Lease. All rental payments hereunder will be paid by Tenant to City of Temecula, Attention: Finance Department, 41000 Main Street, Temecula, California, or at such other address or to such other persons as the City may from time to time designate in writing.

B. Rent Adjustments. For a period of five (5) years from the Commencement Date, rent shall be fixed at a rate of $6,538.27 per month. Following expiration of the initial five (5) year term, the then -current monthly rent will be increased by the lesser of (i) 50 percent (50%) of the percentage increase in the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor ("Bureau") for the Riverside -San Bernardino -Ontario Metropolitan Area or successor thereto ("CPI") preceding expiration of the five (5) year term, as determined by City by dividing the CPI published 3 months prior to the expiration of the five (5) year term by the CPI published 15 months prior to expiration of the five (5) year term; or (ii) five percent (5%), whichever is lower. City will notify Tenant in writing of the Adjusted Monthly Rent following expiration of the initial five (5) year term, which notification is sufficient via City invoice statement to the Tenant providing the rent amount due. -3-
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C. Security Deposit. Tenant has deposited a total security deposit of $6,751.00 ("Security Deposit") with City as security for Tenant's faithful performance of Tenant's obligations under this Lease. The $6,751.00 Security Deposit consists of $2,832.00 deposited by Tenant as security in connection with the 2009 Office Lease and $3,919.00 deposited by Tenant as security in connection with the 2018 Office Lease. If Tenant fails to pay rent, or otherwise defaults under this Lease, City may use, apply or retain all or any portion of said Security Deposit for the payment of any amount already due City for rent which will be due in the future, and/ or to reimburse or compensate City for any liability, expense, loss or damage that City may suffer or incur by reason thereof. If City uses or applies all or any portion of the Security Deposit, Tenant will within ten days after written request from City, deposit monies with City sufficient to restore said Security Deposit to the full amount required by this Lease. When the rent increases during the Term of this Lease, Tenant will, upon written request from City, deposit additional monies with City so that the total amount of the Security Deposit will at all times bear the same proportion to the increased rent as the initial Security Deposit bore to the initial rent. City will not be required to keep the Security Deposit separate from its general accounts. Within 90 days after the expiration or termination of this Lease ( or such earlier date as required by law), City will return that portion of the Security Deposit not used or applied. No part of the Security Deposit will be considered to be held in trust, to bear interest, or to be prepayment for any monies to be paid by Tenant under this Lease.

5. USE. Tenant will use the Premises solely for office purposes. Tenant will not use or permit the Premises to be used for any other purpose without the prior written consent of City, which may be withheld in the City's sole and absolute discretion.

6. ALTERATIONS AND IMPROVEMENTS. Tenant must obtain City's written approval with respect to any changes, alterations or additions to the Premises. City's approval process will be in addition to any municipal code, regulatory and legal requirements. All alterations, additions, or changes to be made to the structure or improvements on the Premises will be under the supervision of a competent architect or competent licensed structural engineer and made in accordance with the plans and specifications with respect thereto, and all work must be done in a good and workmanlike manner and diligently prosecuted to completion.

7. MAINTENANCE. City will, at its sole cost and expense, maintain the Building (including plumbing, heating, HVAC and electrical systems) in operable, condition, and repair.

City will provide janitorial services for the Common Areas of the Building in accordance with the City's janitorial service contract for the Building, as amended from time to time. City will not provide janitorial services for the Premises. Tenant will maintain the Premises in good condition and repair.

8. ASSIGNMENT AND SUBLETTING. Tenant will not either voluntarily, or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease or any interest herein, or any right or privilege appurtenant hereto, or allow any other person (the employees, agents, servants and invitees of Tenant excepted) to occupy or use the Premises, or any portion thereof, without first obtaining the written consent of City, which consent may be withheld in the City's sole and absolute discretion. A consent to one assignment, subletting, occupation or use by any other person will not be deemed to be a consent to any subsequent assignment, subletting, occupation or use by another person. Consent to any such assignment or subletting will in no way relieve Tenant of any liability under this Lease, whether or not the term 0 2763059v4

of this Lease is extended by the assignee or sublessee. Any such assignment or subletting without such consent will be void, and will, at the option of the City, constitute a default under this Lease.

9. INDEMNIFICATION. The Tenant 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 Tenant'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 to the extent arising from Tenant's use of the Premises, Tenant's construction of the Tenant Improvements, or from the conduct of its business or from any activity, work performed, or other things done, suffered by the Tenant in or about the Premises (excluding acts and omissions by City or City's contractors). If any action or proceeding is brought against any Indemnitee by reason of any such claim, Tenant, upon notice from any Indemnitee, will defend said Indemnitee at Tenant's expense, by counsel reasonably satisfactory to said Indemnitee. Tenant will give prompt notice to City in case of casualty or accidents in the Premises.

10. INSURANCE REQUIREMENTS.

A. Tenant 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 Tenant, 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 1185 or 88.
2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Tenant 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 Tenant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Tenant shall execute a declaration that it has no employees.

B. Limits of Insurance. Tenant 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 -5-
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separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: One Million ($1,000,000) 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 Tenant; products and completed operations of the Tenant; premises owned, occupied or used by the Tenant; or automobiles owned, leased, hired or borrowed by the Tenant. 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 Tenant'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 Tenant'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 Tenant'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 Tenant 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.

W
2763059v4

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. Tenant 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. All endorsements are to be received and approved by the City before work commences.

11. UTILITIES; HVAC. City will provide and pay for water and trash pick-up. Tenant will obtain and pay for all other utilities, including gas, electricity, internet service, and phone service. Tenant will pay Tenant's reasonable prorated share of utilities contracted for by City (including electricity and gas), as determined by City, on a monthly basis within ten days after City gives written notice to Tenant of the amount due.

12. SIGNS. Except for any signage that Tenant installed on the exterior of the Premises previously approved by the City, Tenant will not, without City's prior written approval, install or affix any lighting or plumbing fixtures, shades, awnings, or decorations (including exterior painting), signs, lettering, placards, or the like on the exterior of Premises; display or sell merchandise on, or otherwise obstruct, any area outside the exterior walls of the Premises; or cause or permit to be used any advertising, loudspeakers, unusually bright or flashing lights, and similar devices which may be seen or heard outside the Premises. The signage previously installed by Tenant on the exterior of the Premises and approved by the City is depicted on Exhibit "C" attached hereto and incorporated herein by this reference.

13. COMPLIANCE WITH LAW. Tenant, at its expense, will comply promptly with all applicable laws, ordinances, regulations, and orders of any governmental authority pertaining to the Premises or Tenant's use or occupancy of the Premises or improvement of said Premises (including laws, ordinances, regulations and orders pertaining to non-structural improvements required by law, the location and maintenance of trade fixtures, equipment, and other personal property; the conduct of Tenant's employees; preparation, storage, and service of food and drink, and the like, but excluding new laws or changes in laws that require improvements to the structural components of the Premises).

14. RIGHT OF ACCESS. The City and City's officers, employees, and agents will at all reasonable times have the right to enter the Premises for the purpose of inspecting the same, posting notices of non -responsibility or any other notices required by law for the protection of the City, doing any work that City is permitted or required to perform under this Lease, and making any reasonable repairs which the City determines may be required. Tenant will furnish City with a pass key to the Premises, which the City will use only in case of emergency to prevent or investigate a crime, or in such cases where access is necessary to prevent damage to the Building or to any portion of the Premises or to make repairs necessary to ensure continuous operation of the Building. City will have the right to enter the Premises and post "For Lease" or "For Rent" signs in any windows of the Premises: (i) during any period while Tenant is in default, and (ii) after delivery of any notice of termination. In conducting its activities on the Premises as allowed in this Paragraph 14, City will use good faith efforts to notify Tenant, and attempt to minimize the inconvenience, annoyance, or disturbance to Tenant.
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15. TAXES. Tenant will pay or cause to be paid, before delinquency, any and all taxes levied and assessed which become payable during the Term hereof against its interest in the Premises, upon improvements made by Tenant, or any equipment, furniture, fixtures, and any other personal property located in or on the Premises, or which become a lien against the Premises or Tenant's interest therein. TENANT RECOGNIZES AND UNDERSTANDS THAT THIS

LEASE MAY CREATE A POSSESSORY INTEREST SUBJECT TO PROPERTY TAXES

LEVIED UPON SUCH INTEREST, AND THAT IN SUCH EVENT TENANT WILL BE OBLIGATED TO PAY SUCH TAX OR PURSUE AN EXEMPTION. CITY IS IN NO WAY LIABLE FOR ANY SUCH TAXES ON THE POSSESSORY INTEREST, IF ANY.

16. RULES AND REGULATIONS. Tenant will faithfully observe and comply with the rules and regulations that City may from time to time promulgate and/or modify. The rules and regulations will be binding upon the Tenant upon delivery of a copy of them to Tenant. City will not be responsible to Tenant for the nonperformance of any said rules and regulations by any other lessees or occupants of the Building.

17. TENANT'S DEFAULT. The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Tenant other than described where such failure will continue for a period of 30 days after written notice thereof by City to Tenant constitutes a breach or default by Tenant; provided, however, that if the nature of Tenant's breach or default is such that more than 30 days are reasonably required for its cure, then Tenant will not be deemed to be in default if Tenant commences such cure within said 30-day period and thereafter diligently prosecutes such cure to completion.

18. REMEDIES UPON TENANT DEFAULT. In the event of any such default or breach by Tenant, City may at any time thereafter, in its sole discretion, with or without notice or demand and without limiting City in the exercise of a right or remedy which City may have by reason of such default or breach terminate Tenant's right to possession of the Premises by written notice to Tenant, in which case this Lease will terminate and Tenant will immediately surrender possession of the Premises to City. City may also pursue any other remedy now or hereafter available to City under the laws or judicial decisions of the State of California.

19. DEFAULT BY CITY. City will not be in default unless City fails to perform obligations required of City within 30 days after written notice by Tenant to City specifying wherein City has failed to perform such obligation; provided, however, that if the nature of City's obligation is such that more than 30 days are required for performance then City will not be in default if City commences performance within such 30-day period and thereafter diligently prosecutes the same to completion.

20. DAMAGE; RECONSTRUCTION. In the event the Premises or parking areas are damaged by fire or other perils, City may terminate this Lease by written notice to Tenant.

21. EMINENT DOMAIN. If any portion of the Building or the Premises is taken or appropriated by any authority under the power of eminent domain, City may terminate this Lease by written notice to Tenant. hi any such case, any Tenant Improvements constructed by Tenant on the Premises are considered real property and are considered to be owned by the City.

22. SUCCESSORS. Each and every one of the terms, covenants, and conditions of this Lease will inure to the benefit of and will bind, as the case may be, not only the Parties hereto but 10 2763059v4

each and every one of the heirs, executors, administrators, successors, assigns, and legal representatives of the Parties hereto; provided, however, that any subletting or assignment by Tenant of the whole or any part of the Premises or any interest therein will be subject to the provisions of Paragraph 8 of this Lease.

23. HOLDING OVER. If Tenant, with City's prior written consent, remains in possession of the Premises after expiration or termination of the Term, or after the date in any notice given by City to Tenant terminating this Lease, such possession by Tenant will be deemed to be tenancy at will (or as otherwise expressly agreed by City in its written consent), terminable upon notice given at any time by either Party, at a monthly rental equal to the fair rental value of the Premises, as determined by City in its good faith discretion. All provisions of this Lease except those pertaining to rent and term will apply to the tenancy.

24. SURRENDER. At the expiration or termination of the Term of this Lease, Tenant will surrender the Premises to the City in the same condition as received, reasonable wear and tear excepted; provided, however, that: (i) all of Tenant's machinery, equipment and other trade fixtures will remain Tenant's property and Tenant may remove Tenant's personal property, provided Tenant removes such machinery, equipment, trade fixtures and personal property at Tenant's cost prior to the expiration of the Term or within 30 days after any earlier termination of said Term; (ii) City may require Tenant to remove all fixtures, personal property and/or alterations installed by Tenant by written notice given at least 30 days prior to the expiration of the Term or concurrently with City's termination notice, as applicable; and (iii) Tenant will remove Tenant's exterior sign and will repair all damage caused by the removal. Unless otherwise provided in writing by City to Tenant, at the expiration or termination of the Term, all Tenant Improvements are considered real property and are considered to be owned by the City.

25. GENERAL PROVISIONS.

A. Waiver. The waiver by City of any term, covenant or condition herein contained will not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or other term, covenant or condition herein contained. The acceptance of rent hereunder by City will not be deemed to be a waiver of any default by Tenant of any term, covenant, or condition herein contained, regardless of City's knowledge of such default at the time of the acceptance of such rent.

B. Time. Time is of essence of this Lease and each and all of its provisions.

C. Prior Agreements. This Lease contains all of the agreements of the Parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreements or understanding pertaining to any such matters will be effective for any purpose.

D. Inability to Perform. This Lease and the obligations of the Tenant hereunder will not be affected or impaired because the City is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of nature, or any cause beyond the reasonable control of the City.

E. Construction; Captions. The Parties agree that this Lease is the project of joint draftsmanship and that should any of the terms be determined by a court, or in any type of quasi-judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same 0 2763059v4

sentences, phrases, clauses or other wording or language of any kind will not be construed against the drafting party in accordance with California Civil Code Section 1654, and that each party to this Lease waives the effect of such statute. The captions and section titles to the sections of this Lease are not a part of the Lease and will have no effect upon the construction or interpretation of any part of this Lease. Unless provided otherwise, any term referencing time, days, or period for performance will be deemed calendar days and not work days.

F. Partial Invalidity. Any provision of this Lease that is proved to be invalid, void, or illegal will in no way affect, impair or invalidate any other provision hereof and such other provision will remain in full force and effect.

G. Amendments. Any modification or amendment to this Lease will be of no force and effect unless it is in writing and signed by the Parties or their respective successors in interest.

H. Counterparts. This Lease may be executed in any number of counterparts, each of which, when executed and delivered, will be deemed to be an original, and all of which, taken together, will be deemed to be one and the same instrument.

I. Governiniz Law and Venue. This Lease will be interpreted and enforced according to, and the Parties' rights and obligations, including any non -contractual claims, will be governed by the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Any proceeding or action to enforce this Lease or pertaining to this Lease will be filed in the Superior Court of the County of Riverside, California.

J. Cit.APprovals. Neither City's execution of this Lease nor any consent or approval given by City hereunder in its capacity as City will waive, abridge, impair or otherwise affect City's powers and duties as a governmental body. Any requirements under this Lease that Tenant obtain consents or approvals of City are in addition to and not in lieu of any requirements of law that Tenant obtain approvals or permits.

K. No Third -Party Beneficiaries. The Parties will not be obligated or liable under this Lease to any party other than each other. There are no intended third -party beneficiaries of any right or obligation assumed by the Parties.

L. Brokers. Tenant represents and warrants that Tenant has not had any dealings with realtors, brokers or agents in connection with the negotiation of this Lease.

M. Recorded Memorandum of Lease. Concurrently with its execution and delivery of this Lease, Tenant will execute, acknowledge and deliver to City, for recordation, a Memorandum of Lease in a form prescribed by the City.

N. Exhibits. All Exhibits referenced in this Lease are incorporated as though set forth in full in this Lease.

O. Notices. All notices and demands will be given in writing by certified mail, postage prepaid, and return receipt requested, by personal delivery, or by Federal Express or other overnight carrier. Notices will be considered given upon the earlier of (i) personal delivery, (ii) two business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (iii) one business day following deposit with Federal -10-
2763059v4

Express or other overnight carrier. If notice is received on a Saturday, Sunday or legal holiday, it will be deemed received on the next business day. The Parties will address such notices as provided below or as may be amended by written notice:

City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Assistant City Manager
Tenant: Temecula Valley Convention & Visitors Bureau
dba Visit Temecula Valley
28690 Mercedes Street, Suite 201
Temecula, California 92590
Attention: Chairman of the Board and VP of Finance & Operations [SIGNATURES ON NEXT PAGE]
-11-
2763059v4

IN WITNESS WHEREOF, the Parties have executed this Lease as of the date set forth below:

City/Landlord:

CITY OF TEMECULA, a municipal
corporation
Dated:
2023
Tenant•

TEMECULA VALLEY CONVENTION &
VISITORS BUREAU, a California nonprofit
corporation, dba Visit Temecula Valley
Dated: , 2023
By: By:

Kevin Hawkins, Assistant City Manager
ATTEST:

Randi Johl, City Clerk
Approved as to form:

Peter M. Thorson, City Attorney
Print Name:

Title:

Dated: , 2023
By:

Print Name:

Title:
2763059v4
-12-

£Ih■bit "A"
Description of Premises
-I-

Exhibit "B"
Depiction of Signage Installed by Tenant on Exterior of Premises E O«;CE
visor
frEMECUL4
VALLEY
VISITORS CF;NTtR

RECORDING REQUESTED BY; AND
WHEN RECORDED RETURN TO:

City of Temecula
41000 Main Street
Temecula, California 92590
Attention: City Clerk's Office
[X] Portions of APN
Space Above For Recorder's Use Only
The undersigned declares that this Memorandum of Lease is exempt from Recording Fees pursuant to California Government Code Section 27383 and exempt from Documentary Transfer Tax pursuant to California Revenue and Taxation Code Section 11922.

MEMORANDUM OF LEASE
THIS MEMORANDUM OF LEASE ("Memorandum") is dated as of April 11, 2023, and is executed by the CITY OF TEMECULA, a California municipal corporation ("City"), and Temecula Valley Convention & Visitors Bureau, a California non-profit corporation, dba Visit Temecula Valley ("Tenant").

RFCTTAT,S
A. Tenant and City have entered into that certain Amended and Restated Office Lease Between the City of Temecula and Temecula Valley Convention & Visitors Bureau dba Visit Temecula Valley, with an effective date of November 8, 2022 (the "Lease"). Pursuant to the Lease, City has agreed to lease and rent to Tenant, and Tenant has agreed to lease and rent from City, an approximate 3,985 square foot portion ("Premises") of the building located at 28690 Mercedes Street, Suite 201, Temecula ("Building"). The Premises are described on Exhibit A hereto.

B. B. Pursuant to the Lease, Tenant and its customers have the right to use certain parking spaces in the parking facility located in the Building and the non-exclusive right to use certain Common Areas, subject to the terms of the Lease.

C. The Term of the Lease commenced on November 8, 2022.

D. Tenant and City now desire to enter into this Memorandum to provide record notice of the Lease.
2761222v1

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Tenant and City agree as follows:

1. Lease. City hereby leases and demises the Premises to Tenant, and Tenant hereby leases and accepts the Premises from City subject to the terms of the Lease. The Term of the Lease of the Premises commenced on November 8, 2022 (Commencement Date) and will terminate five years from the Commencement Date; provided, however, that the initial five-year term will automatically extend, on an annual basis, for one year, and such annual extensions ("Annual Extension Periods") will continue in perpetuity unless City or Tenant give 30 days prior written notice to the other (at any time during any one year annual extension) that said party elects to terminate this Lease, and this Lease will terminate at the end of said 30-day period.

2. Purpose. This Memorandum is prepared for the purposes of recordation only and in no way modifies the terms and conditions of the Lease. In the event any provision of this Memorandum is inconsistent with any term or condition of the Lease, the term or condition of the Lease shall prevail.

3. Counterparts. This Memorandum may be executed in any number of counterparts, each of which, when executed and delivered, shall be deemed to be an original, and all of which, taken together, shall be deemed to be one and the same instrument. [SIGNATURES ON NEXT PAGE]
2 2761222v1

IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Lease as of the date set forth below.

City:

CITY OF TEMECULA, a municipal
corporation
Dated: , 2023
By:

Kevin Hawkins, Assistant City Manager
ATTEST:

Tenant•

TEMECULA VALLEY CONVENTION &
VISITORS BUREAU, a California nonprofit
corporation, dba Visit Temecula Valley
Dated: , 2023
By:

Print Name:

Title:

Dated:

Randi Johl, City Clerk
Approved as to form: By:

Print Name:

Peter M. Thorson, City Attorney
Title:
3 2761222v1
2023

EXHIBIT "A"
Description of Premises
1 1
II
II I 1
II i � Ir Iris
---- II E ,II 1=
-_-
H
CD N
3 A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On , before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of Riverside
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

Item No. 5

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: April 11, 2023
SUBJECT: Adopt Resolution Regarding the Addressing of Accessory and Junior Accessory Dwelling Units (Long Range Planning Project No. LR23-0110) PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council adopt a resolution entitled:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TEMECULA APPROVING AN ADDRESSING POLICY FOR

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND MAKING THE FINDING OF
EXEMPTION UNDER SECTIONS 15061(B)(3) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA")
(LONG RANGE PLANNING PROJECT NO. LR23-0110)
BACKGROUND: State Law surrounding Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) have been passed and amended with increased focus on producing housing units. The City of Temecula adopted Ordinance No. 2020-04 on April 28, 2020, which implemented the requirements of State ADU Law and was amended on March 14, 2023, with Ordinance No. 2023-03.

These Ordinances along with the changes to State Law have greatly increased the number of ADU and JADU applications, and currently there is no policy specific to addressing these new accessory residential structures. The services and timely response of agencies expected by residents is predicated on an organized, logical, and consistent addressing policy.

ANALYSIS: The current policy of addressing new residential structures does not account for ADU's and JADU's and has created challenges for staff trying to use a policy for something beyond what it was intended. Additionally, residents have been frustrated with the ambiguity of ADU/JADU addressing policy and desire to have entirely new or unrelated addresses which would cause negative impacts to everything from mail delivery to emergency responders.

An orderly addressing policy is necessary to provide effective emergency service response and

timely delivery of other services that Temecula residents expect, this proposed resolution would require the following when an ADU and/or JADU is applied for:
• Primary Residence address would include a "Unit 1" designation • ADU or JADU address would be the same as the Primary Residence but would include a "Unit 2" designation
• A second ADU or JADU would be the same address as the Primary Residence but would include a "Unit 3" designation
For Example:
• A home with the address 123 Main Street that proposed a singular ADU or JADU would have the following addresses:
o Primary Residence — 123 Main Street Unit 1
o ADU or JADU — 123 Main Street Unit 2
• A home with the address 456 Second Street that proposed a detached or attached ADU and a JADU would have the following addresses:
o Primary Residence — 456 Second Street Unit 1
o ADU Residence — 456 Second Street Unit 2
o JADU Residence — 456 Second Street Unit 3

LEGAL NOTICING REQUIREMENTS
No legal notice to the public is required for the City Council to adopt an ADU/JADU addressing policy.

ENVIRONMENTAL DETERMINATION:

Staff has determined that this project is Categorically Exempt from the California Environmental Quality Act per Section 15061(B)(3), the common sense exemption, as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

ATTACHMENTS: Resolution

RESOLUTION NO.2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF TEMECULA APPROVING AN ADDRESSING POLICY

FOR ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS AND MAKING THE
FINDING OF EXEMPTION UNDER SECTIONS 15061(B)(3)

OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
("CEQA") (LONG RANGE PLANNING PROJECT NO.

LR23-0110)

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

WHEREAS, the City of Temecula, California (the "City") is a municipal corporation, duly organized and existing under the Constitution and the laws of the State of California; and WHEREAS, the City desires to increase the orderly development of Accessory Dwelling Unit's (ADU) and Junior Accessory Dwelling Unit's (JADU); and WHEREAS, the City has a standard addressing policy for new commercial and residential buildings, but no such policy for ADU or JADU addressing presently exists; and WHEREAS, the City desires to implement a complimentary addressing policy for ADU and JADU's to ensure clear unit identification, timely emergency service response, and mail delivery.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF TEMECULA, HEREBY FINDS, DETERMINES AND DECLARES AS FOLLOWS:

SECTION 1. The primary residential unit, newly constructed or existing shall be addressed according to existing policy and shall include an illuminated "Unit 1" identifier. This shall only be applicable if an ADU or JADU is proposed on the same parcel.

SECTION 2. A secondary residential unit, an ADU or JADU, constructed shall bear the same main address as the primary with the additional unit bearing an illuminated "Unit 2" identifier.

SECTION 3. A third and final residential unit, an ADU or JADU, constructed shall bear the same main address as the primary with the additional unit bearing an illuminated "Unit 3" identifier.

SECTION 4. All addresses shall be illuminated per Policy 3.2 of Goal 3 of the Temecula General Plan, effective and cost-efficient police, fire, and emergency medical services within the City.

SECTION 5. All addresses shall be legible and physically installed in a prominent manner on the building that clearly identifies which entryway is associated with each address and in accordance with the Temecula Municipal Code Section 17.28.050 (N).

SECTION 6. All ADU or JADU addresses will be routed through the United States Postal Service, to ensure compliance with the requirements of the Postal Service, specifically Publication 28 — Postal Addressing Standards. This is the same process for all addresses.

SECTION 7. The City Clerk shall certify to the adoption of this Resolution.

SECTION 8. This Resolution shall take effect upon its adoption by the City Council.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 1 lth day of April, 2023.

ATTEST:

Randi Johl, City Clerk
[SEAL]
Zak Schwank, Mayor
a

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. 2023- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the I Ith day of April, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Randi Johl, City Clerk

Item No. 6

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 11, 2023
SUBJECT: Approve Second Amendment to Agreement for Consultant Services with Hicks & Hartwick, Inc., for Engineering Plan Check Services
PREPARED BY: Julie Tarrant, Principal Management Analyst Tammy Petricka, Administrative Assistant
RECOMMENDATION: That the City Council approve the second amendment to the agreement for consultant services with Hicks & Hartwick, Inc., for engineering plan check services, to extend the term of the agreement to June 30, 2025, and increase payment in the amount of $100,000, for a total agreement value of $200,000.

BACKGROUND: On October 22, 2021, the Director of Public Works approved an agreement in the amount of $60,000 with Hicks and Hartwick, Inc., for Engineering Plan Check Services. On July 1, 2022, the Director of Public Works approved the First Amendment to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $40,000.

At this time, we have nearly expended the full agreement amount and with the on -going increased development within the city, additional plan check services are needed to continue project development. Hicks & Hartwick have effectively and efficiently performed professional engineering services for the city and continue to provide essential plan check services for the Department of Public Works Land Development Division to serve the development community.

We therefore request to approve the Second Amendment with Hicks & Hartwick, and increase their agreement in the amount of $100,000, for a total agreement value of $200,000, and to extend the term to June 30, 2025.

FISCAL IMPACT: None
ATTACHMENTS: Second Amendment

SECOND AMENDMENT TO AGREEMENT BETWEEN
CITY OF TEMECULA AND HICKS & HARTWICK, INC.

ENGINEERING PLAN CHECK SERVICES
(Agreement No. 2021-289)
THIS SECOND AMENDMENT is made and entered into as of April 11, 2023 by and between the City of Temecula, a municipal corporation (hereinafter referred to as "City"), and Hicks & Hartwick, 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 October 22, 2021, the City and Consultant entered into that certain Agreement entitled "Agreement for Consultant Services," in the amount of $60,000.00. b. On July 1, 2022, the City and Consultant entered into a First Amendment to extend the term of the agreement to June 30, 2024, and increase the payment in the amount of $40,000.00.

C. The parties now desire to extend the term of the agreement to June 30, 2025, increase the payment in the amount of $100,000.00, and to amend the Agreement as set forth in this Amendment.
2, Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows:
"This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2025 unless sooner terminated pursuant to the provisions of this Agreement.

3. 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 SECOND Amendment amount shall not exceed One Hundred Thousand Dollars and Zero Cents ($100,000.00), for a total Agreement amount of Two Hundred Thousand Dollars and Zero Cents ($200,000.00).

4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

5. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

O8/09/2021

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

CITY OF TEMECULA
By:

Zak Schwank, Mayor
ATTEST.

By:

Randi Johl, City Clerk
APPROVED AS TO FORM:

By:

Peter M. Thorson, City Attorney

HICKS & HARTWICK, INC
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign
the agreement on behalf of the corporation.)
i
By:

Matt ew C. Hicks, President

CONSULTANT
Hicks & Hartwick, Inc.

Attn: Matthew C. Hicks
37 E. Olive Avenue, Suite C
Redlands, CA 92373
909 793-2257
matt@ve!ycivii.com
City Purchasing Mgr.

Initials and Date:

V9
2 08/09/2021

ATTACHMENT A

EXHIBIT B
Payment Rates and Schedule
Cost for services shall be as per Consultant's proposal attached hereto and incorporated herein as though set forth in full but in no event shall the total cost of services exceed $200, 000.00 for the total term of the Agreement unless additional payment is approved as provided in the Payment section of this Agreement.

HICKS & HARTWICK, INC.

F-NGINEERS & SURVEYORS
ESTABLISHED 1902

HOURLY RATE SCHEDULE
Effective June 2023 through June 2025
PLAN CHECKING PERSONNEL $1 HE.

SeniorEngineer............................................................. .............................................. 245.00 ProjectEngineer------..... -------- ---.................... ---------------------------------------------------------------225.00 PlanChecker... ......................... --------------------....... ............... ...----------------- ...............155-00 08/09/2021

ACTION BY UNANIMOUS WRITTEN CONSENT
OF DIRECTORS AND SHAREHOLDERS OF HICKS & HARTWICK, INC., A California Corporation
The undersigned, all the directors and shareholders HICKS & HARTWICK, INC., acting by unanimous written consent without a meeting pursuant to section 307(b) and 603 of the California Corporations Code adopt the following resolutions:

RESOLVED, that all transactions by and between Matthew C. Hicks, Harold R.

Hartwick and Hicks & Hartwick, Inc., are ratified, authorized and approved, including without limitation the Purchase Agreement ("Agreement") executed by the parties, and all acts in furtherance thereof, attached hereto and made a part hereof as Exhibit "A," all of which are ratified, authorized and approved.

RESOLVED FURTHER, that as of the Closing Date of the Agreement, Harold R.

Hartwick, resigns from all officer and director positions held in the corporation, however, he will continue as an At -Will employee of the corporation.

RESOLVED FURTHER, that the following person is appointed, to serve at the pleasure of the board, to the offices set forth, which appointments are accepted:

Name Office
Matthew C. Hicks President/Secretary/Chief Financial
Officer/Treasurer/Director
RESOLVED FURTHER, that as of the Closing Date of the Agreement, the officers and directors are authorized to cancel share certificate No. 3 for 150 of the 450 issued and outstanding shares stock of the corporation and reissue the shares to Matthew C. Hicks.

Dated to be effective as of September _', 2017.
[SIGNATURES ON NEXT PAGEI
HICKS & HARTWICK, INC.,
Consent of Directors and Shareholders

a , Harold R. Hartwic
Ma ow C. Hicks
Hicks:ContTact:ConsentHicks&Hnriwick20170905.docx
HICKS & HARTWICK, INC.,
Consent of Directors and Shareholders

Item No. 7

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 11, 2023
SUBJECT: Approve Freeway Maintenance Agreement with State of California, Department of Transportation (Caltrans)
PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council approve the Freeway Maintenance Agreement with the State of California, acting by and through the Department of Transportation (Caltrans).

BACKGROUND: On July 31, 1990, the City entered into a Freeway Maintenance Agreement with Caltrans which established a division of maintenance responsibilities between the City and Caltrans wherever local facilities overlap the State's right-of-way at Interstate 15. This original agreement included two locations: Santiago Road Overcrossing and Rancho California Road Overcrossing.

Since that time, both the freeway and local transportation systems have seen many changes.

Portions of State Route 79N/S were relinquished from Caltrans to the City, a new overcrossing was constructed over I-15 at Overland Drive, and a new overcrossing is planned at French Valley Parkway along with collector/distributor systems on I-15 between Winchester Road and I-215.

These changes, along with current Caltrans policies, necessitate that the agreement be updated.

Caltrans' practice is to supersede these older agreements with their current format.

The attached Freeway Maintenance Agreement was developed by Caltrans and finalized through negotiations between Caltrans and City staff. The terms of the agreement are comparable to those practiced throughout the State.

FISCAL IMPACT: There is no immediate fiscal impact associated with the approval of the agreement. Any additional costs to perform this work will be addressed each year as part of the Annual Operating Budget update.

ATTACHMENTS: Agreement

08-RIV-15-PM 3.5-7.2

FREEWAY MAINTENANCE AGREEMENT
WITH

CITY OF TEMECULA
THIS AGREEMENT is made effective this day of , 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the CITY of Temecula; hereinafter referred to as "CITY" and collectively referred to as "PARTIES."

SECTION I

RECITALS

1. On July 13, 2010 a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Interstatel5 (1-15), declared a freeway, within the jurisdictional limits of the CITY.

2. Recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities of the CITY for areas lying within those modified freeway limits hereinafter referred to as "PROJECT."

3. There is an existing Freeway Maintenance Agreement(s), with CITY dated July31, 1990. This Agreement is meant to replace or supersede the earlier agreement.

NOW THEREFORE IT IS AGREED:

SECTION II

AGREEMENT

1. PARTIES agree this Agreement shall supersede in its entirety the said Freeway Maintenance Agreement executed by PARTIES on July 31, 1990.

2. Pursuant to Section 6 of the July 13, 2010 Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed CITY roads, frontage roads, and other STATE constructed local roads, except for any portion which is adopted by STATE as a part of the freeway proper.

3. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.

I

08-RIV-15-PM 3.5-7.2

4. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that attached hereto, Exhibit A and made a part hereof by this reference.

5. When another planned future improvement has been constructed and/or a minor revision has been affected within the limits of the freeway herein described which will affect the PARTIES' maintenance responsibility as described herein, and there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution of each of the exhibits.

6. CITY must obtain the necessary Encroachment Permits from STATE's District 08 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.

7. VEHICULAR OVERCROSSINGS

7.1. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing.

7.2. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed underthis program will be maintained by STATE, at STATE expense.

8. PEDESTRIAN/BICYCLE OVERCROSSINGS (non -vehicular) constructed as a permitted encroachment within STATE's right of way. CITY is solely responsible for, but not limited to, the structural adequacy, lighting, fencing, guard railing, drainage facilities, graffiti removal, sweeping and debris removal, signing, and striping, slope paving and delineation. CITY will maintain, at CITY expense, a safe facility for pedestrian and bicycle use along the entire length of the structure and the public use of the STATE highway beneath, by providing structure inspection, and structure maintenance.

9. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS

9.1. CITY will maintain the CITY paved roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), 2 08-RIV-15-PM 3.5-7.2
drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing.

9.2. CITY will request STATE's District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE's Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE's Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way.

10. WALLS, SOUNDWALLS, AND COLUMNS - CITY is responsible for debris removal, cleaning, and painting to keep CITY's/CITY's side of any wall structure or column free of debris, dirt, and graffiti.

11. LANDSCAPED AREAS CITY is responsible for the maintenance of any plantings or other types of roadside improvements of PROJECT lying outside of the fenced area restricting walk-on access to the freeway.

12. INTERCHANGE OPERATION - It is STATE's responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.

13. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES

13.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed at interchanges of 1-15 Freeway and at ramp connections to CITY streets and roads of 1-15 shall be shared by the PARTIES as directed in the Shared Cost Electrical Cost Agreement amended August 1, 1999.

13.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE.

14. BICYCLE PATHS, LANES, AND CYCLE TRACKS constructed as permitted encroachments within STATE's right of way, CITY is solely responsible for all permitted improvements, including but not limited to the delineation, fencing, 3 08-RIV-15-PM 3.5-7.2
guard railing, drainage facilities, slope and structural adequacy. CITY will maintain, at CITY expense, a safe facility for bicycle travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings required for the direction and operation of that non -motorized facility.

15. LEGAL RELATIONS AND RESPONSIBILITIES

15.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.

15.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.

15.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority orjurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.

16. PREVAILING WAGES:

16.1. Labor Code Compliance- If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a) (1) definition of a "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771.

CITY must conform to the provisions of Labor Code sections 1720 through 1815, 4 08-RIV-15-PM 3.5-7.2
and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements.

16.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a) (1) and Labor Code Section 1771.

Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.

17.INSURANCE

17.1. SELF -INSURED- CITY is self -insured. CITY agrees to deliver evidence of self - insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter ("Letter of Self - Insurance"), satisfactory to STATE, certifying that CITY meets the coverage requirements of this section. This Letter of Self -Insurance shall also identify the PROJECT location as depicted in EXHIBIT A. CITY shall deliver to STATE the Letter of Self -Insurance with a signed copy of this AGREEMENT. A copy of the executed Letter of Self -Insurance shall be attached hereto and incorporate as Exhibit B.

17.2. SELF -INSURED using Contractor- If the work performed under this AGREEMENT is done by CITY's contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and propertydamage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.

18.TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY's failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.

19.TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or 5 08-RIV-15-PM 3.5-7.2
terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause.

PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. 0 08-RIV-15-PM 3.5-7.2
IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.

THE CITY OF TEMECULA STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION
By:

Zak Schwank
Mayor
ATTEST:

By:

IN
By:

Randi Johl Jim A. Rogers
City Clerk Deputy District Director
Maintenance District 08
Peter Thorson
City Attorney
7 EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY roads) and facilities)

DIST COUNTY

ROUTE POST SHEET TOTAL
MILE No. SHEETS
08 RIV
15 3.5 / 7.2 1 6
LOCATION 1 SHEET 2
LOCATION 2 SHEET 3
LOCATION 3 SHEET 4J,\
TEMECULA PKWY / SR-79

SANTIAGO RD

RANCHO CALIFORNIA RD
PM 3.5
OC
OC
PM 4.1
PM 5.0
I
Iw
z
J
S
U
Q

TO SAN DIEGO

TEMECULA
TO MURR�ETA
wl

TEMECULA
zl
J
2 U
Q
RIV 15
I
LOCATION 4 SHEET 5
LOCATION 5 SHEET 6

OVERLAND DR

WINCHESTER RD
OC
OC
PM 6.2
PM 6.6
EXHIBIT "A"

NO SCALE

LEGEND

LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W
® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA

STATE R/W
LOCATION 1: TEMECULA PKWY / SR-79
EXHIBIT "A"

NO SCALE

LEGEND

LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W
® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA

STATE R/W
LOCATION 2: SANTIAGO RD OC
EXHIBIT "A"

NO SCALE

LEGEND

LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W

LIMITS TO BE MAINTAINED BY CITY OF TEMECULA

STATE R/W
LOCATION 3: RANCHO CALIFORNIA RD OC
EXHIBIT "A"

NO SCALE

s7Na,24i.;

LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W
® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA
�i STATE R/W
LOCATION 4: OVERLAND DR OC
EXHIBIT "A"

NO SCALE

LEGEND

LOCAL ROAD SEGMENTS WITHIN FREEWAY R/W
® LIMITS TO BE MAINTAINED BY CITY OF TEMECULA

STATE R/W
LOCATION 5: WINCHESTER RD OC
EXHIBIT "A"

NO SCALE

Item No. 8

CITY OF TEMECULA

AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: April 11, 2023
SUBJECT: Approve the Agreement for Consultant Services with Falcon Engineering Services, Inc. for the I-15 / French Valley Parkway Improvements — Phase II, PW16-01 PREPARED BY: Amer Attar, Engineering Manager
Avlin R. Odviar, Principal Civil Engineer
RECOMMENDATION: That the City Council approve the agreement with Falcon Engineering Services, Inc., in an amount not to exceed $8,880,275.70, to provide professional construction management services for the I-15 / French Valley Parkway Improvements — Phase II, PW16-01.

BACKGROUND: In conjunction with the California Department of Transportation (Caltrans), the City has designed and developed plans and specifications for the I-15 / French Valley Parkway Improvements project (Project). The Project improvements include construction of a two-lane northbound collector/distributor (C/D) system along I-15 from Winchester Road/I- 15 interchange northbound on -ramps to just north of the I-15/I-215 Junction with connectors to I- 15 and I-215. These improvements will alleviate congestion on the northbound I-15, especially during the evening rush hours.

The improvements will be constructed within Caltrans jurisdiction. As such, the design and construction of the Project must be executed in accordance with Caltrans requirements. In letter dated April 13, 2020, Caltrans delegated authority to the City to perform the Advertisement, Award, and Administration (AAA) of the construction contract. The subject agreement enlists Falcon Engineering Services, Inc., and its sub -consultants, to perform construction management and engineering services in support of the administration of the construction contract, in accordance with Caltrans and City requirements.

On August 3, 2022, the City issued a Request for Proposals (RFP No. 270) inviting qualified consulting firms to submit a proposal to provide construction management services for the Project.

The RFP specified a project -specific goal of 19% Disadvantaged Business Enterprise (DBE) usage. By filing deadline of September 1, 2022, four (4) proposals were received.

A Selection Panel comprised of representatives from the City and Caltrans reviewed the proposals, discussed findings, conducted an interview of the top two qualified firms, and ranked the prospective proponents as follows.

1. Falcon Engineering Services, Inc.

2. Southstar Engineering & Consulting, Inc.

3. Arcadis

4. Anser Advisory
Falcon Engineering Services, Inc. is a multi -disciplinary firm with extensive experience in providing construction management services on freeway projects of comparable size and complexity, including the City's I-15/SR-79 South Interchange (Temecula Parkway Interchange) project. Its team includes DBE and non -DBE sub -consultants, and meets the project -specific goal of 19%.

Following the selection process, staff entered negotiations with Falcon Engineering Services, Inc. and finalized the terms of the attached Agreement. The scope of work includes professional administration services necessary during pre -construction, construction, and post -construction phases. These services include, but are not limited to, project management, preconstruction coordination, environmental compliance, schedule monitoring, public affairs, contract change order management, inspection, request for information (RFI) management, tracking quantities, invoicing, certified payroll and labor compliance, materials testing, quality assurance program, surveying, document control, and project closeout. Performance of these services will span approximately two years.

FISCAL IMPACT: The I-15 / French Valley Parkway Improvements — Phase II project is included in the City's Capital Improvement Program Fiscal Years 2023-27. The sources of funds include INFRA Grant, SAFETEA-LU, Surface Transportation Improvement Program (STIP), TUMF (WRCOG), TUMF (CETAP/RCTC), and Measure S. There are sufficient funds in the project account to cover the agreement amount of $8,880,275.70.

ATTACHMENTS: 1. Agreement

2. Project CIP Budget Sheet

AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND FALCON ENGINEERING SERVICES, INC.

PW16-01 1-15/FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE II ARTICLE I INTRODUCTION......................................................................................................................................................... 2 ARTICLE II CONSULTANT'S REPORTS OR MEETINGS........................................................................................................... 3 ARTICLE III STATEMENT OF WORK........................................................................................................................................... 3 ARTICLE IV PERFORMANCE PERIOD........................................................................................................................................3 ARTICLE V ALLOWABLE COSTS AND PAYMENTS.................................................................................................................. 3 ARTICLE VI TERMINATION......................................................................................................................................................... 5 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS........................................................................... 5 ARTICLE VIII RETENTION OF RECORD/AUDITS....................................................................................................................... 5 ARTICLE IX AUDIT REVIEW PROCEDURES.............................................................................................................................. 6 ARTICLE X SUBCONTRACTING................................................................................................................................................. 7 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES..................................................................... 8 ARTICLE XII STATE PREVAILING WAGE RATES......................................................................................................................9 ARTICLE XIII CONFLICT OF INTEREST.................................................................................................................................... 12 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION.............................................................12 ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR LOBBYING..................................13 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.........................................................13 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION........................................................................................14 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION........................................................15 ARTICLE XIX INSURANCE.........................................................................................................................................................19 ARTICLE XX FUNDING REQUIREMENTS.................................................................................................................................20 ARTICLE XXI CHANGE IN TERMS............................................................................................................................................ 21 ARTICLE XXII CONTINGENT FEE............................................................................................................................................. 21 ARTICLE XXIII DISPUTES..........................................................................................................................................................21 ARTICLE XXIV INSPECTION OF WORK................................................................................................................................... 21 ARTICLE XXV SAFETY.............................................................................................................................................................. 21 ARTICLE XXVI OWNERSHIP OF DATA..................................................................................................................................... 22 ARTICLE XXVII CLAIMS FILED BY CITY's CONSTRUCTION CONTRACTOR....................................................................... 22 ARTICLE XXVIII CONFIDENTIALITY OF DATA........................................................................................................................ 23 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION...........................................................................23 ARTICLE XXX EVALUATION OF CONSULTANT......................................................................................................................23 ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT............................................................................. 23 ARTICLE XXXII TITLE VI ASSURANCES.................................................................................................................................. 24 ARTICLE XXXIII NOTIFICATION................................................................................................................................................ 28 ARTICLE XXXIV CONTRACT.....................................................................................................................................................28 ARTICLE XXXV SIGNATURES...................................................................................................................................................28 ATTACHMENT NO. 01 — COST PROPOSAL.............................................................................................................................29 ATTACHMENT NO. 02 — SCOPE OF SERVICES...................................................................................................................... 30 ATTACHMENT NO. 03 — CONSULTANT CONTRACT DBE COMMITMENT............................................................................ 31

ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, CITY:

The name of the "CONSULTANT" is as follows:

FALCON Engineering Services, Inc.
a California "S" Corporation
Incorporated in the State of California
The Project Manager for the CONSULTANT will be Ashraf Mohamed, PE The name of the "CITY" is as follows:

City of Temecula
a municipal corporation
The Contract Administrator for CITY will be Avlin R. Odviar, PE, Principal Civil Engineer B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT's Cost Proposal dated 03/16/2023. The approved CONSULTANT's Cost Proposal is attached hereto as Attachment No. 01 — Cost Proposal and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless CITY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys' and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of CITY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer -employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. CITY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel.

CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the CITY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds CITY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer -employee relationship exists by reason of this AGREEMENT.

G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the CITY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the CITY.

H. CONSULTANT shall be as fully responsible to the CITY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed byCONSULTANT.

No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT'S REPORTS OR MEETINGS
A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the CITY's Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

ARTICLE III STATEMENT OF WORK
A. CONSULTANT Services
Construction Management, Resident Engineer, Structures Representative, Inspection, Survey, Materials Sampling & Inspection, Source Inspection, Environmental Compliance, and Community Outreach from pre -construction to project closeout, as detailed in Attachment No. 02 — Scope of Services attached hereto and incorporated by reference.

ARTICLE IV PERFORMANCE PERIOD
A. This AGREEMENT shall go into effect on April 11, 2023, contingent upon approval by CITY, and CONSULTANT shall commence work after notification to proceed by CITY'S Contract Administrator.

The AGREEMENT shall end on June 30, 2025, unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on CITY until the AGREEMENT is fully executed and approved by CITY.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. CITY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds CITY's approved overhead rate set forth in the Cost Proposal. In the event, that CITY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by CITY shall be

adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph "I" of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT's agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, CITY will pay CONSULTANT a fixed feeof Four Hundred Fifty Thousand Six Hundred Eighty -Nine Dollars and Sixty -Three Cents ($450,689.63). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT's fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, CITY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by CITY's Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing.

Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due CITY including any equipment purchased under the provisions of Article XI Equipment Purchase.

The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT's work. Invoices shall be mailed to CITY's Contract Administrator at the following address:

AVLIN R. ODVIAR, PE, PRINCIPAL CIVIL ENGINEER

CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
I. The total amount payable by CITY including the fixed fee shall not exceed Eight Million Eight Hundred Eighty Thousand Two Hundred Seventy -Five Dollars and Seventy Cents ($8,880,275.70).

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by CITY, provided that CITY gives not less than thirty (30) calendar days' written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. CITY may temporarily suspend this AGREEMENT, at no additional cost to CITY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If CITY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to CITY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANTuntil such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, CITY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for FederalAwards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to CITY.

D. When a CONSULTANT or Subconsultant is a Non -Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and CITY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT's Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. CITY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT's Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without

limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by CITY'S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by CITY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by CITY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal, CITY, or local government officials are allowed full access to the CPA's work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by CITY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by CITY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, CITY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT's Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the CITY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

During IOAI's review of the ICR audit work papers created by the CONSULTANT's independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, CITY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA -audited ICR and audit report withinthree (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT's and/or the independent CPA's revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services.

In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to CITY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of CITY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO CITY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between CITY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the CITY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the CITY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the CITY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the CITY Contract Administrator, except that which is expressly identified in the CONSULTANT's approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the CITY.

E. Any substitution of Subconsultants must be approved in writing by the CITY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant's interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non -DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
No retainage will be held by the CITY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant's work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the CITY's prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non -DBE subconsultants.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by CITY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT's approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by CITY's Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and

credit CITY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY.

2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer ( https://dot.ca.gov/programs/construction/labor-compliance) . These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at CITY construction sites, at CITY facilities and at off -site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve CITY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov .

D. Payroll Records
Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by CITY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made

available for inspection or furnished upon request to a representative of CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CITY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the CITY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by CITY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform CITY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, withinfive (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CITY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by CITY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the CITY Contract Administrator.

F. Penalty
The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code.

The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge ofthat failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant's failure to pay the specified prevailing rate of wages to the Subconsultant's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant's employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

6. If CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if CITY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by CITY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the CITY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices
Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all

applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/ , for additional information regarding the employment of apprentices and for the specific journey -to -apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants' compliance with these requirements. Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this AGREEMENT or any ensuing CITY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing CITY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to CITY any actual, apparent, orpotential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT.

CONSULTANT agrees to advise CITY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either CITY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under thisAGREEMENT.

D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING CITY, STATE, OR FEDERAL FUNDS FOR

LOBBYING
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

No State, Federal, or CITY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT's signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under(2

CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the CITY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CITY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally -assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the CITY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT's signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the pastthree (3) years.

B. Any exceptions to this certification must be disclosed to CITY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility.

Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties ( https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (CITY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26). To ensure equal participation of DBEs provided in 49 CFR 26.5, the CITY shows a contract goal for DBEs.

CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.

CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate good faith efforts to meet this goal. It is CONSULTANT's responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes or work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at https://dot.ca.gov/programs/civil-rights/dbe-search .

All DBE participation will count toward the California Department of Transportation's federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". CONSULTANTs who enter into a federally -funded agreement will assist the CITY achieve California's statewide overall DBE goal.

B. The goal for DBE participation for this AGREEMENT is 19% . Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Attachment No. 03 Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: DBE Information — Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.

D. Contract Assurance Under 49 CFR 26.13(b):

CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal -aid contracts.

Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non -responsible E. Termination and Substitution of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the CITY's written consent.

CONSULTANT shall not terminate or substitute a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the CITY.

Unless the CITY's consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form, included in the Bid.

The CITY authorizes a request to use other forces or sources of materials if CONSULTANT shows any of the following justifications:

1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.

2. The CITY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the CITY's bond requirements.

3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.

4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).

5. Listed DBE's work is unsatisfactory and not in compliance with the contract.

6. Listed DBE is ineligible to work on the project because of suspension or debarment.

7. Listed DBE becomes bankrupt or insolvent.

8. Listed DBE voluntarily withdraws with written notice from the Contract

9. Listed DBE is ineligible to receive credit for the type of work required.

10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.

11. The CITY determines other documented good cause.

CONSULTANT shall notify the original DBE of the intent to use other forces or material sources and provide the reasons and provide the DBE with 5 days to respond to the notice and advise CONSULTANT and the CITY of the reasons why the use of other forces or sources of materials should not occur.

CONSULTANT's request to use other forces or material sources must include:

1. One or more of the reasons listed in the preceding paragraph.

2. Notices from CONSULTANT to the DBE regarding the request.

3. Notices from the DBEs to CONSULTANT regarding the request.

If a listed DBE is terminated or substituted, CONSULTANT must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet or exceed the DBE goal.

F. Commitment and Utilization
The CITY's DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.

The CITY shall request CONSULTANT to:

1. Notify the CITY's contract administrator or designated representative of any changes to its anticipated DBE participation

2. Provide this notification before starting the affected work

3. Maintain records including:

Name and business address of each 1st -tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.

If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the CITY. On work completion, CONSULTANT shall complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-0, form and submit the form to the CITY within 30 days of contract acceptance.

Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report — Utilization of Disadvantaged Business Enterprises (DBE), First -Tier Subcontractors and submit it to the CITY within 90 days of contract acceptance. The CITY will withhold $10,000 until the form is submitted.

The CITY will release the withhold upon submission of the completed form.

In the CITY's reports of DBE participation to Caltrans, the CITY must display both commitments and attainments.

G. A DBE is only eligible to be counted toward the AGREEMENT goal if it performs a commercially useful function (CUF) on the AGREEMENT. CUF must be evaluated on an agreement by agreement basis. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the AGREEMENT is commensurate with the work it is actually performing, and other relevant factors.

H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work of the AGREEMENT than would be expected on the basis of normal industry practice for the typeof work involved, it will be presumed that it is not performing a CUF.

J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT's shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to CITY's Contract Administrator within thirty (30) calendar days.

L. After submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant shall complete and email the Exhibit 9-F: Disadvantaged Business Enterprise Running Tally of Payments to business.support.unitCa)_dot.ca.gov with a copy to the Agency.

M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.

ARTICLE XIX INSURANCE
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 Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the CONSULTANT owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the CONSULTANT has no employees while performing under this Agreement, worker's compensation insurance is not required, but CONSULTANT shall execute a declaration that it has no employees.
4) Professional Liability Insurance shall be written on a policy form providing professional liability for the CONSULTANT's profession.

C. Limits of Insurance. CONSULTANT 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 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. 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.
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.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to CITY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or CITY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT maybe amended to reflect any reduction in funds.

D. CITY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT maybe amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by CITY's Contract Administrator.

C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by CITY's Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, CITY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good -faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.

A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of CITY's Contract Administrator and CITY's Director of Public Works, who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit CITY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives. CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Vehicle Code §591, CITY has determined that such areas are

within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL -OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of CITY, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, CITY shall be entitled to, and CONSULTANT shall deliver to CITY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT's privileged information, as defined by law, or CONSULTANT's personnel information, along with all other property belonging exclusively to CITY which is in CONSULTANT's possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by CITY.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of CITY without restriction or limitation upon its use or dissemination by CITY.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by CITY for another project or project location shall be at CITY's sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federal - aid contracts).

E. CITY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty -free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY CITY's CONSTRUCTION CONTRACTOR A. If claims are filed by CITY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with CITY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT's personnel that CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from CITY. Consultation or testimony

will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT's personnel services under this AGREEMENT.

C. Services of CONSULTANT's personnel in connection with CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY's operations, which are designated confidential by CITY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by CITY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or CITY's actions on the same, except to CITY's staff, CONSULTANT's own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by CITY, and receipt of CITY'S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by CITY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT FROM THE CITY TO CONSULTANT The CITY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the CITY fails to pay promptly, the CITY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the CITY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the CITY as soon as practicable after receipt for the purpose of determining that the payment request is a proper paymentrequest. (2) Any payment request determined not to be a proper payment request suitable for payment shall

be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
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During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub -applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub -agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub -applicant or supplier shall be notified by CONSULTANT of the CONSULTANT'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limitedto:
withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
cancellation, termination or suspension of the Agreement, in whole or in part.

Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub -agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub -agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub -applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S. Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof. (HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns.

The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed, (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally -assisted programs of the U.S.

Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended, and (3) that in the event of breach of any of the above - mentioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction.

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that:

In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Non- discrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.

C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.

C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the "CONSULTANT") agrees to comply with the following non- discrimination statutes and authorities, including, but not limited to:

Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 etseq).

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT: FALCON Engineering Services, Inc.

Ashraf Mohamed, PE, Project Manager
41875 Enterprise Circle S, Suite A
Temecula, CA 92590
CITY: City of Temecula
Avlin R. Odviar, PE, Contract Administrator
41000 Main Street
Temecula, CA 92590

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named CITY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES

CITY OF TEMECULA
Zak Schwank, Mayor
Date;
Attest:

Randi Johl, City Clerk
Date:

Approved as to Form:

Peter M. Thorson, City Attorney
Date:

FALCON Engineering Services, Inc.

Mah agih, President
Date:

Wael Faqih, Vice President
Date:

ATTACHMENT NO. 01 — COST PROPOSAL

Local Assistance Procedures Manual
EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST -PLUS -FIXED FEE OR LUMP SUM OR (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ® Prime Consultant El Subconsultant ❑ 2nd Tier Subconsultant Consultant: FALCON Engineering Services, Inc.

Project No. PW16-01 Contract No.

DIRECT LABOR
Date: March 16, 2023
Classification/Title
Name
Hours
Actual Hourly Rate
Total
Project Manager
Ashraf Mohamed, PE *
232
$110.00
$25,520.00
Resident Engineer
Juan Rojas, PE *
3800
$115.00
$437,000.00
Lead Assist. Resident Engineer
Mohammad Khalaileh, PE
3448
$104.00
$358,592.00
Civil/Roadway
Crosby Romero **
3840
$72.00
$276,480.00
Civil/Roadway Inspector
Tim Dexter **
0 $65.00
$0.00
Civil/Roadway
Ziad Al-Dasougi, PE **
2920
$95.00
$277,400.00
Structure Inspector
Syed Afzal Biyabani, EIT **
3600
$68.38
$246,168.00
Structure Inspector
Mohammad Al-Barqawi, EIT **
0 $80.00
$0.00
Structure Inspector
Ahmed Hamasha **
0 $78.00
$0.00
Structure Inspector
Yazan Alfaqih **
0 $76.00
$0.00
Construction Inspector
Salvador Orozco **
2040
$80.00
$163,200.00
Administration
Zaid Afman, PE
0 $95.00
$0.00
Labor/Health/SWPPP/Safety
Dion Castro, ToR
880
$85.00
$74,800.00
Office Engineers
Sarah Alina
3440
$68.00
$233,920.00
Community Outreach/Drone
Sami Faqih
792
$92.00
$72,864.00
Management Support (As -Needed)
Tariq Malik, PE
0 $115.00
$0.00

LABOR COSTS
a) Subtotal Direct Labor Costs $2,165,944.00
b) Anticipated Salary Increases (see page 2 for calculation) $0.00 c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $2,165,944.00

INDIRECT COSTS
d) Fringe Benefits (Rate: 0 %) e) Total Fringe Benefits [(c) x (d)] $0.00 f) Overhead: (108.08% ) g) Overhead [(c) x (f)] $2,340,952.28 h) General and Administrative (Rate: ( 0% ) i) Gen & Admin [(c) x (h)] $0.00 j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $2,340,952.28 k) TOTAL FIXED FEE [(c) + (O] x fixed fee 10% $450,689.63 1) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add Additional pages if necessary Description of Item
Quantity
Unit
Unit Cost
Total
Mileage Costs
Included
$
$
One Time Charge Field O ace
Furniture
$
Provided by Falcon except for office chairs
$
Office Chairs
10 $ 200.00
$ 2,000.00
Laptops
4 $ 700.00
$ 2,800.00
Monthly Charges Field Office
Monthly Rent
28 $ 2,200.00
$ 61 600.00
Electricity
28 $ 300.00
$ 8,400.00
Water
28 $ 60.00
$ 1680.00
Internet
28 $ 250.00
$ 7,000.00
Office Cleaning,
28 $ 250.00
$ 7 000.00
Printer/PhotocopierPrinter/Photocopierl
28 $ 300.00
$ 8,400.00
Stationary & Office Supplies
1 28
$ 300.00
$ 8,400.00
Computer licenses Bluebeam $300/ ear 4EA
28 1
1 $ 100.00
$ 2,800.00
1) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) $110,080.00
Subconsultant 1:

Arellano Associates (DBE)
$
120,000.00
Subconsultant 2:

CL Surveying (DBE)
$
800,000.00
Subconsultant 3:

CMC Project Solutions (DBE)
$
100,000.00
Subconsultant 4:

Converse Consultants
$
340,000.00
Subconsultant 5:

Danken (Scott Walker [SR])*
$
600,000.00
Subconsultant 6:

Leighton Consulting
$
340,000.00
Subconsultant 7:

NV5
$
350,000.00
Subconsultant 8:

Psomas
$
250,000.00
Subconsultant 9:

Skyline Consultants (DBE)
$
744,836.89
Subconsultant 10:

Wood Environmental
$
67,772.91
Subconsultant 11:

ZT Consulting Group
$
100,000.00
m) TOTAL SUBCONSULTANTS' COSTS $ 3,812,609.80
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(1)+(m)] $3,922,689.80 TOTAL COST [(c) + 0) + (k) + (n)] $8,880,275.70
NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

January2020

Local Assistance Procedures Manual
EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 2 of 3

COST -PLUS -FIXED FEE OR LUMP SUM OR FHZM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate
Direct Labor Subtotal per Cost Proposal Total Hours per Cost Avg Hourly
Rate 5 Year
Proposal
Contract
$2,165,944.00 24992 =
$0.00 Year 1 Avg

2. Calculate
hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Proposed Escalation
Year 1
$0.00 * 0% =
0 Year IAvg Hourly Rate
Year 2
$0.00 * 0% —
0 Year 2 Avg Hourly Rate
Year 3
$0.00 * 0% =
0 Year 3Avg Hourly Rate
Year 4
$0.00 * 0% =
0 Year 4 Avg Hourly Rate
Year 5
$0.00 * 0% =
0 Year 5 Avg Hourly Rate
Year 6
$0.00 * 0% =
0 Year 6 Avg Hourly Rate

3. Calculate
estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed Total Hours per Cost Proposal
Total Hours per
Year 1

60.00% * 24992 =
14995
Estimated Hours Year
Year 2

30.00% * 24992 =
7498
Estimated Hours Year
Year 3

10.00% * 24992 =
2499
Estimated Hours Year
Year 4

0.00% * 0 =
0 Estimated Hours Year
Year 5

0.00% * 0 =
0 Estimated Hours Year
Year 6

0.00% * 0 =
0 Estimated Hours Year
Total
100% Total =
24992

4. Calculate
Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours)
Avg Hourly Rate Estimated hours
Cost per
(calculated (calculated above)
Year
Year 1
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 2
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 3
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 4
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 5
$0.00 * 0 =
$0.00
Estimated Hours Year
Year 6
$0.00 * 0 =
$0.00
Estimated Hours Year
Total Direct Labor Cost with Escalation =
$0.00
Direct Labor Subtotal before Escalation =
$0.00
Estimated total of Direct Labor Salary Increase =
0 Transfer to Page 1
NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted

4. Calculations for anticipated salary escalation must be provided.