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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 10/4/1994AGENDA SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY DATE: October 4, 1994 TIME: 7:30 P.M. PLACE: COMMUNITY CENTER 625 SOUTH PICO SAN JACINTO, CALIFORNIA 1.0 CALL TO ORDER Roll Call Prayer of Invocation - Pastor Ken Felder Pledge of Allegiance 2.0 SPECIAL PRESENTATIONS 2.1 Employee of the 3rd Quarter of 1994 3.0 PUBLIC COMMENTS Any person may address the Council on any subject pertaining to city business not listed on the agenda, during this portion of the meeting. A limitation of three (3) minutes shall be set for each person desiring to address the Council. 4.0 REDEVELOPMENT AGENCY/FINANCING AUTHORITY Convene the Redevelopment Agency in joint session with the City Council for the following items: REDEVELOPMENT CONSENT ITEMS All matters listed under Consent Redevelopment Agency Items are considered to be routine and will be enacted by one motion by the Redevelopment Agency in the form. listed. There will be no separate discussion on these items prior to the motion unless members of the Redevelopment Agency, staff or the public requests specified items to be removed and/or discussed.' Anyone wishing to discuss a Redevelopment Consent item should come forward, upon invitation of the Chairman, state their name, address and the Redevelopment Consent item number. Speakers should limit comments to three (3) minutes. 4,1 Metropolitan Theatres Corporation, Request for Agency Consent to Interim Ground Lease Transfer - Cox RECOMMENDATION: Approve the request of Metropolitan Theatres Corporation to enter into an interim Groundlease of the site to Newco. The groundlease to be effective during the period of construction and to be reassigned to Metropolitan upon completion of construction and as part of lease financing Metropolitan to provide its guarantee of the Redeveloper's obligations. The City attorney to first approve documents prepared by Metropolitan for the purpose. 5.0 CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and will be enacted by one motion by the City Council in the form listed. There will be no separate discussion on these items prior to the motion unless members of the City Council, staff or the public requests specified items to be removed and/or discussed Anyone wishing to discuss a Consent Calendar item should come forward, upon invitation of the Mayor, state their name, address and the Consent Calendar item number. Speakers should limit comments to three (3) minutes. 5.1 Minutes - Regular Meeting of September 6, 1994 RECOMMENDATION: Approve the minutes for the regular meeting of September 6, 1994, as presented. 5.2 Warrant Register RECOMMENDATION: Approve warrant numbers 38456 through 38569, dated September 30,1994 in the amount of $403,522.29, and Payroll check numbers 3502 through 3590, dated September 2,1994. 5.3 Treasurer's Report - August, 1994 RECOMMENDATION: Receive and file. 5.4 Transcription Prescription, Inc. Contract (Continued From 9/20/94) RECOMMENDATION: Approve the agreement with. Transcription Prescription, Inca for transcription services with the Police Department. 5.5 San Jacinto and Seventh. Street Intersection Improvements Change Order Request RECOMMENDATION: Approve Change Order inthe amount of $6,810.50 to be charged to Storm Drain. Account No. 39-4155-410-4001. 5.6 Claim - Steven T. Miller - Claim # JS 95-04 RECOMMENDATION: Reject the Application for Leave to File Late Claim, pursuant to Government Code Section 911.8 as recommended by the Claims Administrator. 5.7 Claim Rafael Gentry - Claim # JS 95-03 RECOMMENDATION: Deny claim pursuant to Government Code Section 913 as recommended by the Claims, Administrator. 5.8 Agreement for Release of Partial Claims, NBS-Lowry RECOMMENDATION: Approve the agreement for Release of Partial Claims with NBS-Lowry and authorize the Mayor to execute the agreement on behalf of the City. END OF CONSENT CALENDAR Motion by: Seconded by: to approve consent calendar items 5.1 through 5.8. 6.0 PUBLIC HEARINGS 7.0 CITY DEPARTMENTS. 7.1 Riverside County Emergency Medical Services Plan Price RECOMMENDATION: Receive oral report and provide direction to staff, as appropriate. 7.2 CR & R Contract for Material Recovery Services (Recycling) Easter/Anderson RECOMMENDATION: Consider the draft agreement and, if appropriate, authorize the Mayor to sign the contract with CR& R for Material Recovery Services (Recycling). 7.;3 Vehicle Abatement Program Update - Wilson RECOMMENDATION: Receive oral report, and provide direction to sta as appropriate. 7.4 Street Vendors - Price RECOMMENDATION: Receive report and provide direction to staff; a appropriate. 7.5 North Mountain Reseeding Update - McNabb RECOMMENDATION: Receive oral report, and give direction to staff; a appropriate. 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 WRCOG Update Opposing. Unfunded Mandates - Williams 9.0 CLOSED SESSION 9.1 Conference with Labor Negotiators pursuant to Government Code Section 54957,6 Agency Negotiator: Cox, Kreisler Employee Organization: San Jacinto Police Officer's Association, Public Employees of Riverside County (PERC). 9.2 Conference with Real Property negotiator pursuant to Government Code Section 54956.8 Property: Superblock, Area East of San Jacinto St. bounded by Esplanade & Commonwealth Negotiating Parties: Cantu, Lin, Carlson, Parker, Delgado; Peterson, Kranz, Urick Under Negotiation: Price and terms. 9.3 Conference with Real Property negotiator pursuant to Government code Section 54956.8 Property: Humane Way, between 7th St. and Grand Ave. Negotiating Parties: Howe, Walker' Under Negotiation: Price and terms. 9.4 Conference with Real Property negotiator pursuant'to Government code Section 54956.8 Property: Corner of Brown St. and 2nd Street Negotiating Parties: Burroughs Under Negotiation: Price and terms. 9,5 Conference with Legal Counsel Existing Litigation pursuant to Government Code Section 549569 (a) California Resources Agency & California Farm Bureau vs. City of San Jacinto Redevelopment Agency MO Q ADJOURNMENT Motion by: Vote: Seconded: Action: to adjourn. I; David Anderson, City Clerk of the City of San Jacinto, do hereby certify that I caused to be posted the foregoing agenda this 29th day of September, 1994, as required by law. Deputy City Clerk . ontract talks between City° staff and .CR&R .have been. occurring over the;.las# month. '.sty staff :and CR&R have negotiated a contract'for review,by`.Courtcil:that irtciudes;the juidance provided'l y Council at its several meetings; on this topic. The. proposed ontr act between the City:and .CR&R for; Material Recovery Services is attached to: the #aff� retort:.: he farm cif the contract or 10 yeas itiifh art: op#tonsolely at t iscrettion to extend for.an addi#iorial period of up to 10: years. R&R. w�ii initiate a>request too tam `a low:the transportation of: the City's. soli ocessing 'at no additional !charge to the Rl=:processing, fee. • If permits can be obtained by January 1, 1995, CR&R will provide material recovery services to the City of San Jacinto beginning on January 1, 1995. If necessary permits have not been obtained by this date, CR&R will provide the City with an interim program by March 1, 1995. This interim program will feature a Residential Greenwaste Program and commercial recycling routes. CR&R will guarantee 25% diversion under the interim program. This program will be provided by CR&R at no additional charge to our residents and businesses and continue until the material recovery services can begin. With respect to diversion above 25%, if a fee cannot be negotiated or the performance requirements of the California Integrated Waste Management Board cannot be met by CR&R, the City of San Jacinto reserves the right to terminate the contract effective January 1, 2000. • Rates per ton charged to the City of San Jacinto are certified to be the same as of the date of the contract for the cities of Perris, Temecula, Canyon Lake and Lake Elsinore. CR&R will bill the City of San Jacinto directly for service. No allowance for delinquencies has been built into the contract. Any allowance for delinquencies will have to be built into the City of San Jacinto Residential and Commercial rate base. • The tipping fee in the contract has been increased from $34.50 to $38.50 per ton to reflect the recent Riverside County landfill increase. CR&R may request an annual adjustment to its rate base by submitting to the City Council the weighted consumer price index of labor, fuel, insurance, equipment and utilities. The City Council retains discretion to approve any such request. • CR&R will provide a policy of "Environmental Insurance" covering on site hazardous materials incidents at their Material Recovery Facility. Contract Implementation Issues With the signing of the contract with CR&R and implementation of the program set for January 1, 1995, the City must act quickly in several areas to insure the success of the program. As previously discussed, it is important that the City address the delinquency rate issue. To that end, staff will be bringing to Council, at your October 18th meeting, a proposal to initiate an advance billing system, an increase in the water deposit, a change to the refuse deposit requiring the equivalent to two months service, and a provision whereby landlords guarantee payment by tenants (if tenants do not pay). If approved, it is anticipated that these changes will be implemented on the December utility billing. This would mean a refuse bill would be double the normal that one month. It will be preceded by a flyer included in the November billings informing residents of the changes and the reasons why such a change in billing is necessary. A related issue is that of setting the rate for Material Recovery Facility (recycling) services. Staff is preparing for a rate setting hearing at the November 15 Council meeting. The rate estimated by CRoR is $2.97 per residence per month and $1.65 per cubic yard for commercial customers. Staff will independently calculate and verify the formulas and calculations to insure accuracy. Residents will be informed about the implementation of the Material Recovery Facility as the City's method of recycling to meet the mandate of AB939 in the December utility billing. The rate set for MRF services by the Council would be implemented with the January utility billing or when the MRF recycling program begins. To date, the Council has not addressed the issue of whether they wish to consider adding a franchise fee onto the Material Recovery Facility recycling rate or whether they wish to include a small amount for public education. If desired, staff will bring back options for such a franchise fee to recover direct staff costs and the cost of a public education program at the time of the MRF rate setting hearing on November 15th. An event calendar outlining the dates above are presented below: October 18, 1994 Resolution outlining delinquency actions, including advanced billing. November 5 - 10, 1994 Flyer included in utility billing informing residents about advanced billing and other delinquency related actions. November 15, 1994 Rate setting hearing for MRF services. December 5 - 10, 1994 Flyer included in utility billing informing residents about the City initiating its recycling program and the MRF recycling rate increase. Bills are sent out with double payment, due to convert system to advance billing. January 5 - 10, 1995 Bills are sent out that include the MRF recycling rate jncrease (if MRF recycling program begins in January.) S A N JACINTO Memorandum TO: Honorable Mayor and Councilmembers FROM: Jim Cox, City Attorney DATE: September 29, 1994 RE: CR&R CONTRACT DRAFT I am enclosing a draft copy of the CR&R contract from the morning of Thursday, September 29 with the staff report for your review. At approximately 4:30 p.m. this afternoon, I received a draft contract from CR&R with two additional changes. I have submitted these changes to Rutan and. Tucker for their evaluation. I hope to have a final contract ready for distribution on Friday, September 30. City staff will distribute the latest draft of the contract when it is finalized. re\-' DATE: TO: FROM: SUBJECT MATTER: FAX NO.: 6. i / /L a AY i 0-r1 C` COX & COX A Professional Corporation Attorneys at Law 805 East Florida Avenue Hemet, California 92543 (909) 652-1400 PAX NO. (909) 652-3990 FAX TRANSMITTAL TRANSMITTING PAGES, INCLUDING COVER SHEET ORIGINAL TO FOLLOW IN MAIL YES NO NOTE: THE INFORMATION CONTAINED IN THIS FAX MESSAGE MAY CONTAIN ATTORNEY -CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRI- BUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE_ THANK YOU. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE (909) 652-1400 AND ASK FOR KAREN. CR&R, INCORPORATED AND CITY OF SAN JACINTO CITY OF SAF JACINTO RECYCLING AGREEMENT This Agreement is made this day of 1994, between CR&R, Incorporated (hereinafter "CR&R") and the City of San Jacinto (hereinafter "City"). RECITALS: 1. CR&R, Incorporated (CR&R) is a California corporation in the business of accepting solid waste from governmental agencies and solid waste hauling contractors at its transfer station. CR&R also is engaged in the separation of recyclable material from such solid waste for marketing to users of recyclable material. 2. The City of San Jacinto (City) is a municipal corporation. Pursuant to the provisions of California Public Resources Code Section 49300, the City of San Jacinto has entered into an exclusive franchise with 0. K. Associates, Inc., for solid waste hauling within the City of San Jacinto. Pursuant to the exclusive franchise agreement, the City retained the right to direct the disposition of solid waste and discarded recyclables. 3. Pursuant to the provisions of AB 939, the legislature has determined that there is d need to reduce landfilling of solid waste by removing recyclables and green waste from the waste stream before disposal at a landfill. City desires to enter into an Agreement with CR&R which will provide that CR&R will accept all solid waste from the City and divert therefrom such recyclables and green waste, as provided in this Agreement and in full compliance with the diversion standards of AB 939. 4. CR&R desires to enter into an agreement with the City establishing transfer, green waste, and recycling rates for all the solid waste it accepts from the City and to provide for the reclamation of recyclable materials as required by law. AGREEMENTS: NOW, THEREFORE, for and in consideration of the covenants herein contained, performed and to be performed, the parties hereto agree as follows: R72.7t,c;q xn-r 7 Yr-, LArl?-iR U 6T-SE-cEG DEFINITIONS The following definitions will apply to the phrases so used in this Agreement: Discarded Recyclables: Recyclables relinquished by their Owners to the City's jurisdiction. Green Waste: That portion of solid waste consisting of putrescible garden, grass, tree and other vegetative waste that is acceptable for composting. Recyclables: Products in the waste stream which become raw material for other or new products. Solid waste: All putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, excluding hazardous and medical waste. 11 DEDICATION OF WASTE To the extent the City has jurisdiction, it will cause its contractor to provide to CR&R solid waste collected from all residential, commercial, and industrial units in the City of San Jacinto. All solid waste (including, but not limited to, trash, discarded recyclables, and green waste) collected regularly by the City's contractor in the City, will be delivered to CR&R's site in Perris, California under terms and conditions as shall hereinafter appear. Current annual volume is approximately 18,000 tons, however City makes no warranty thereof. Pursuant to this Agreement, O.K. Associates, or such other hauler as may be under contract to the City of San Jacinto, shall deliver all solid waste, discarded material, green waste, and discarded recyclables to CR&R's material recovery facility, located in Perris, California. O.K. Associates has warranted that no additional charge shall be made to the City or to City's customers by additional transportation, mileage, equipment usage or related additional expenses by reason of the change in refuse disposition from the Lamb's Canyon landfill to the CR&R material recovery facility in Perris. O.K. Associates shall provide its written acknowledgement, and consent to this Agreement and particularly, to its promises and representations stated within this paragraph. 2 City will deliver all solid waste to CR&R, but it may be delivered as solid waste, and/or commingled recyclables and/or separate green waste in any combination with the appropriate processing charges applied for each category detailed in Exhibit "A", City currently has no separate pickup for recyclables or green waste. City reserves the right to deliver mixed solid waste with no presort, the diversion credit from which shall be twenty-five percent (25%) guaranteed diversion from the solid waste received. The City reserves the right to deliver source separated green waste and the remaining mixed solid waste. The diversion credit from which shall be thirty-five percent (35%) guaranteed diversion from the waste received. 111 ACCEPTANCE OF WASTE (a) Effective January 1, 1995, CR&R agrees to accept directly from the City's contractor, as it is picked up from San Jacinto residential, commercial, and industrial units, on a regular basis all solid waste of whatever kind and nature and in whatever quantity, at CR&R's transfer station in Perris, California and to reclaim recyclable materials from the solid waste delivered to CR&R under terms and conditions as shall hereinafter appear. where hazardous, biological or other wastes are included in the waste stream delivered to CR&R, CR&R shall appropriately notify the generator of such waste (if the generator can be identified) for such generator to make immediate disposal of such waste. If the generator cannot be identified, CR&R shall dispose of all such wastes at its sole expense. CR&R reserves the right to refuse the acceptance of a load of solid waste first known to contain such hazardous or biological wastes. (b) Notwithstanding the effective date stated in sub- paragraph (a) above, should CR&R be unsuccessful in obtaining its solid waste transfer permit at its Markham Street facility in effective date for delivery of waste under the reserve plan Perris by said date, and should City so exercise its option, the (described below in Section VI (c)) shall be March 1, 1995. IV J_ TERM The term of this Agreement shall be for ten (10) years (unless sooner terminated under Section V) and shall commence upon contract execution. In the event AB 939 goals are successfully accomplished and grantee has met the performance standards contained in this Agreement, the City, upon approval of the City Council, within said Council's sole discretion, may extend the term of this Agreement for an additional ten (10) years or any portion thereof. 3 t7O'd OELD7S9 nt xor2 XOD w-LAA 9E:I V TERMINATION Notwithstanding anything to the contrary, this Agreement may be terminated after sixty (60) days for cause by either party hereto and cause shall be determined to be failure on the part of either party hereto to perform any of the requirements of this Agreement where said party has failed to perform after having been given written notice of a default. The sixty (60) day period shall be used to make any and all performance modifications to place either party in compliance with this Agreement. This Agreement may also be terminated by mutual consent of the parties. Notwithstanding the above, the parties may immediately terminate this Agreement without the specified sixty (60) day notice based upon any material misrepresentation or dishonesty, or upon any material failure to perform this contract. Material failure to perform shall be defined as any interruption or stoppage of service which shall exceed three (3) calendar days, any seizure or attachment of equipment, filing of a bankruptcy petition (voluntary or involuntary), transfer of the contract without prior City consent, or failure to maintain insurance. VI GUARANTEE (a) Effective January 1, 1995 through January 1, 2000, CR&R does hereby guarantee that it shall recover, process and divert not less than twenty five percent (25%) from all solid waste, (this guarantee shall be thirty-five percent (35%) should City implement a program to collect and deliver to CR&R, source separated green waste), delivered to CR&R from City, as required under PRC Code Section 41780. CR&R shall hold the City free and harmless from any fines, penalties or any other assessment made which results from the failure of CR&R to meet the diversion guarantee. Recognizing that CR&R's Perris facility is not anticipated to be completed until July 1, 1995, CR&R shall make application on behalf of City and pay all expenses, fees (including legal fees), and costs related to such applications for extension, pursuant to PRC Section 41820, or under such other authority, to obtain extension of City's diversion deadline set forth in PRC Section 41780. CR&R shall hold City harmless from any fine, penalty or assessment that may be incurred by reason of a failure to obtain any extension that may be required. Any diversion guarantee of more than twenty five percent (25%) or thirty-five percent (35%), as the case may be, for diversions required beyond January 1, 1995, shall be negotiated pursuant to paragraph VII of this Agreement. (b) CR&R further guarantees that its facilities in Perris and/or Stanton will be ready and able to perform its obligations under this Agreement as of January 1, 1995. In furtherance of 4 this guarantee, CR&R shall hold the City, City's customers and City's waste hauling contractor free and harmless from any expenses, costs, tines, penalties or any other type of expense as may be incurred by reason of the inability of CR&R to timely accept waste as contemplated in this Agreement. Such indemnified expenses include but are not limited to additional transfer processing and transportation expenses at or to CR&R's facitlity in Stanton or to other diversion or disposal facilities. In furtherance of this paragraph, CR&R shall immediately make application for and to the City of Perris, County of Riverside, the CIWMB, and such other necessary agencies, and shall diligently pursue, an interim permit to transfer solid waste from its existing facility located on Markham Street in Perris, California. In the event such permit should be denied or granting thereof delayed beyond January 1, 1995, the City of San Jacinto at City's sole discretion, may withdraw from this contract without any obligation to CR&R. Should City fail to exercise its option to withdraw from thecontractL the Iterim Diversion Plan, describe in (c) below, shall be implemented. „,--- (c) Interim Diversion Plan: Notwithstanding the guarantees stated above in sub- paragraphs (a) and (b), and in the event CR&R has not obtained its solid waste transfer permit for the Markham Street facility as of January 1, 1995, CR&R shall implement the following back-up diversion plan: Effective March 1, 1995, CR&R, in cooperation with O.K. Associates, shall implement a program to accept at its arkham Street facility, source separated residential greenwaste and clean commercial recycling. At City's sole option, City may also include commercial greenwaste for delivery, which shall not be included as part of the 25% guarantee herein stated, Should City exercise its option to implement this plan, CR&R shall guarantee a 25% diversion effective March 1, 1995, and hold City harmless from any fine or penalty as may be imposed for a failure to reach such required diversion goal. CR&R, in cooperation with O.K. Associates, shall implement and operate this plan at no 'additional charge, cost or expense to City or to City's customers over or above the service charges in effect as of October 1, 1993, payable pursuant to City's contract with O. K. Associates. This interim plan shall continue in effect until CR&R shall obtain its solid waste transfer permit for its Markham Street facility, or until the Perris MRF is completed, whichever first occurs, and at which time CR&R shall commence solid waste MRF services as otherwise provided in this Agreement. CR&R shall provide at least thirty (30) days notice to City before implementation of the rates shown in Exhibit "A", in order that (-- noticemay be afforded to City's customers of any necessary increase in rates. (d) In the event CR&R cannot accept all or a portion of the solid waste delivered to its facility, City shall direct O.K. Associates to deliver such solid waste to any other available, 5 90'd GELZV:,9 'S X07) frbE1-6.E-d3S appropriate facility and CR&R shall receive no payment therefor, and subject to CR&R's guarantee as specified above. (e) In the event CR&R cannot process all or any portion of solid waste already accepted, CR&R, at its cost, shall transport such solid waste to any other available appropriate facility. If such facility is a landfill, CR&R shall be reimbursed only for actual, current tipping fees. If such facility is a permitted MRF, CR&R shall be entitled to payment as set out herein. VII NEGOTIATION AFTER CHANGE IN DIVERSION MANDATE The parties hereto acknowledge that AB939 requires that a fifty percent (50%) diversion will be required on and after January 1, 2000. At anytime prior to January 1, 1999, at the request of either party, but in no event later than January 1, 1999, CR&R and the City will commence negotiations relative to a new fee to comply with AB939's current goal of fifty percent (50%) or such goal higher than twenty-five percent (25%) that may be enacted by the State legislature or the California Integrated Waste Management Board (CIWMB). This diversion percentage and per ton cost, as well as CR&R's diversion percentage, may change up or down based on possible amendments to the goals of AB939, changes in diversion goals as may be prescribed by the CIWMB, changes in other laws that govern solid waste, disposal fees, and technology. Both parties agree to negotiate in good faith relative to CR&R's performance and the City's obligations in meeting current and amended goals of AB939. If a fee cannot be negotiated or the performance requirements of the CIWMB are not met by CR&R, the City reserves the right to terminate the contract effective January 1, 2000. VIII RATBS In exchange for accepting all solid waste from the City, at CR&R's transfer station, and for recycling and reclaiming materials from said solid waste, as well as providing final disposal at the landfill sites without additional cost to the City, CR&R, except as shall hereinafter appear, shall be compensated as prescribed in the schedule of rates called Exhibit CR&R represents and warrants that the per ton fees established in Exhibit "A" of this Agreement do not exceed the fees offered to the Cities of Perris, Temecula, Canyon Lake, and Lake Elsinore as of the date of this Agreement. In the event any such fee is lower, the City of San Jacinto shall receive that fee. 6 As additional consideration for the rates to be paid by City, CR&R shall provide advice and technical assistance to City toward creation and implementation of City's public education and information program. IX B/LL/NG CR&R shall invoice the City on the 1st of each month for previous month's services and unless disputed by City will be paid within thirty (30) days from date of received invoice. CR&R shall provide such supporting documentation for each invoice as the City may require including, but not limited to, trip or weight tickets as proof of tonnage billed and such other documentation as the City may require to support and verify the percentages of recycled or reclaimed materials as such percentages may be required by law. The City will not pay invoices lacking such verification. City payment shall be made only from funds designated for such payment. x LANDFILL FEES The County of Riverside's landfill charge as of the date of execution of this Agreement is thirty-eight dollars and fifty cents ($38.50) per ton, which said cost and increases thereto shall be paid by CR&R. CR&R will guarantee all prices established in Exhibit "A" subject to landfill increases, green waste disposal fee increases, annual Cost of Operation Increases, and the usage of the Mead Valley landfill. Any disposal fee increases (other than County landfill increases) or other unforseen increases in cost of operation shall be processed pursuant to the terms of Paragraph XII. Should the Mead Valley landfill close, requiring transportation of waste to another site, City and CR&R shall negotiate an applicable increase/decrease in the fee, which shall be subject to review and approval by the City Council. In the event of an increase of county landfill tees during the life of this Agreement, CR&R will pass on seventy-five percent (75%) of said increase based upon the guaranteed 25% diversion. In the event the City implements and delivers source separated green waste, CR&R will pass on sixty-five percent (65%) of said increase based upon the guaranteed thirty-five percent (35%) diversion. For any additional recovery percentage that may be negotiated under Section VII, the proportional landfill diversion credit shall be applied. XI ADJUSTMENT OF RATE$ CR&R may request an annual increase in the compensation paid pursuant to this Agreement for services performed on behalf of 7 ee'd 8ELD7S9 CI XOD XUD WLAJ SE:TT t7GET-6E-daS the City based upon the increase over the previous year of the weighted consumer price indices of the following components, labor, fuel, insurance, equipment, utilities and others, all as shown on the attached Exhibit "Su, which exhibit further clarifies the method of calculation. Said increase may be calculated on each yearly anniversary date of this Agreement beginning July 1, 1996 and on July 1st thereafter for the balance of the term of this Agreement. Increases shall be based upon figures published for the month of March. CR&R shall provide such records and other supporting materials as may be required by the City to support CR&R's claim for an increase in compensation. All future increases will be added to the previous year's base net cost of operations calculation. Any requested increase shall be reviewed and subject to approval by the City Council. XII ADJUSTMENT OF RATES - EXTRAORDINARY CAUSES In addition to and not in lieu of, the annual increase described above, CR&R may also request rate increases in an amount equal to CR&R's extraordinary increases in its costs. Such extraordinary increases in its costs shall include, by way of example and not by way of limitation: (1) a change in the location of the landfill or other lawtul disposal sites to which CR&R is required to transport solid waste; (2) substantial changes in the local, State or Federal laws governing the collection, separation, transportation, recycling, composting, or disposal of solid waste and construction debris; and (3) disposal fee increases other than landfill increases. Any such requested increase shall be supported by full documentation and shall be reviewed and subject to approval by the City Council. The parties hereto recognize that the laws and regulations pertaining to solid waste disposal and recycling are subject to change. For that reason, City and CR&R agree that each shall meet and confer upon thc request of either party, with respect to any change, modification, or addition to this Agreement that may be advisable or necessitated thereby. XIII OWNERSHIP OF HASTE CR&R shall become owner of all solid waste when delivered to its site in Perris, California and shall have the exclusive right to market all recycled material reclaimed from solid waste generated by the City pursuant to this Agreement and shall be entitled to any and all income or expenses derived from said marketing over which the City or the City's contractor shall have no claim. 8 XIv REPORTS BY CR&R CR&R shall keep and maintain for the entire term of this Agreement accurate records of all waste delivered, accepted, processed and diverted under this Agreement in a form and manner which at a minimum shall prove diversion as required by the CIWMB. Upon reasonable notice to CR&R, City may audit CR&R for compliance with CIWMB requirements and generally accepted billing practices. CR&R will provide a monthly report of tonnages delivered, diverted, recycled, and landfilled, detailing material types and percentages of diversion to the City's contractor and the City of San Jacinto. These reports will include ongoing waste characterization studies and will be generated and formatted in a manner that will allow the City to meet the reporting requirements of AB939 and based on the current SRRE waste stream characterization. XV INDEMNIFICATION OF CITY Notwithstanding the limits of any insurance, CR&R will indemnify, defend, and save harmless the City, its directors, officers, agents, employees, parent, subsidiaries, affiliates, successors, assigns, and insurers from and against any and all loss, damage, liability, claims, demands, penalties, judgments, costs or causes of action, including but not limited to attorneys fees for counsel acceptable to City, which in any way arise or are alleged to arise from the acts or omissions of CR&R, its directors, officers, agents, employees, parent, subsidiaries, affiliates, successors, assigns, and insurers in connection with, or which in any way relate to, the facilities, or obligations which are the subject of this Agreement cr CR&R's performance or failure to perform hereunder. Without affecting City's indemnity rights, the City shall notify CR&R within a reasonable time of any events, claims or complaints that the City receives that may result in CR&R's indemnification of the City. CR&R's obligation to defend and indemnify as set out above also includes but is not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, cleanup costs, remediation costs, or similar costs, damages or expenses arising or alleged to arise out of (1) any demand, claim, suit, action, liability, damage, cost, loss, penalty, fee, expense or response costs based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. 59601 et seq., the Resource Conservation and. Recovery Act ("RCRA"), 42 U.S.C. §6901 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et seq.), the California 9 IAT'A q?)CbCcl n1 vn-1 ,? WY) EAri>4 PhtE Hazardous Waste Control Laws (California Health & Safety Code Sections 25100 et sect.), the California Porter -Cologne Act (California Water Cade sections 13000 et seq.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision (the indemnification provision of this part pertain to actions, enforcements or any other actions concerning the CR&R MRF Facility or any other facilities operated or controlled by CR&R); (2) any and all claims, demands, liabilities, fines, penalties or charges resulting from or arising out of or alleged to arise out of the failure of City to comply with any statutory or regulatory requirements ot AB 939 that concern or in any way relate to the failure of CR&R to comply with the terms of this Agreement; (3) any claims based on or arising out of or alleged to be arising out of any personal injury, bodily injury or death, and/or any loss or damage to any personal property or real property that arises out of or relates to any action or inaction of CR&R whether intentional, negligent, or processing, transportation, storage, treatment or disposal of or arranging for the disposal of any solid waste, hazardous waste, biological waste or hazardous contaminate. The provisions of this Article shall survive termination of this Agreement. XVI INSURANCES CR&R shall provide insurance coverage on its operation as follows: (a) Workers' Compensation Insurance: CR&R shall take out and maintain during the life of this Agreement workers' compensation insurance and, if any work is sublet, CR&R shall require subcontractor similarly to provide workers' compensation insurance. CR&R shall indemnify the City for any damage resulting to it from failure of either CR&R or any subcontractor to take out or maintain such insurance. CR&R warrants and acknowledges that it is an independent contractor and that neither it, nor its employees, are the employees or agents of the City of San Jacinto, nor that they shall be deemed to be employees or agents of City as a result of this Agreement. (b) Public Liability and Property Damage Insurance: CR&R shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall be acceptable to and protect the City, its elective and appointive board, officers, agents, and employees, being public liability and property damage insurance on account of bodily injuries, including death resulting therefrom, in the sum of not less than 10 two million dollars ($2,000,000.00) combined single limit per occurrence. Said public liability and property damage insurance (including automobile) shall be endorsed to name the City, its elective board, officers, agents, and employees as additional insureds with respect to all operations performed by or on behalf of CR&R. Said policy shall be endorsed to provide that coverage shall not be reduced or cancelled unless and until twenty (20) days advance notice of such reduction and/or cancellation has been mailed to the City's contractor. Said public liability and property damage insurance (including automobile) shall include contractual liability insurance applying to liability assumed under this Agreement, as well as comprehensive automobile liability insurance on all automobiles (owned and nonowned), contractual, independent contractors, broad form property damage, fire and vandalism coverage in the amounts set out here. All insurance shall be occurrence based and not claims made. In addition to the above coverages, CR&R shall maintain throughout the term of this Agreement, environmental impairment liability coverage in the amount of five million dollars ($5,000,000.00). Said public liability, environmental and property damage insurance, shall be endorsed to stipulate that such insurance as afforded to the City, its elective board, officers, agents, and employees shall be primary insurance and not contributing with any other insurance maintained by the City. CR&R shall furnish the City, concurrently with the execution hereof, with satisfactory proof and endorsement of the insurance required. XVII PERMITS, LICENSES, AND AUTHORIZATIONS CR&R shall obtain, at its expense, all permits, licenses and authorizations from any governmental agency having jurisdiction over its operations necessary for the performance of this Agreement and shall provide proof that said licenses and permits have been obtained (including but not limited to environmental review). XVIII ATTORNEYS FEES In the event if CR&R and the City, or either of them institutes action to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneysfees and court costs. 11 7T',4 711 XPD ? XOD WCH-1 XIX APPLICABLE LAW This Agreement shall be interpreted and enforced in accordance with the laws of the State of California. XX NOTICES All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed duly given (i) if delivered by hand and receipted tor by the party addressee, or (ii) mailed by certified or registered mail with postage prepaid, on the third business day after the mailing date. Address of the parties hereto are as follows: CR&R, Incorporated 11292 Western Avenue Stanton, CA 90680 Attn: President (714) 826-9049 (714) 895-5702 - fax XXI MISCELLANEOUS City of San Jacinto 312 E. Main San Jacinto, CA 92583 Attn: Asst. to the City Manager (909) 654-7337 (909) 654-3728 - fax This Agreement establishes contract rights that shall be binding upon, and shall inure to the benefit of, the successors, permitted assigns, heirs, and legal representatives of the parties hereto. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. No amendment, modification, termination or cancellation of this Agreement shall be effective unless in writing signed by both parties hereto. CR&R/Hauler Corporation: CR&R and City's franchisee, O.K. Associates, or any successor thereto shall cooperate in carrying out this Agreement and shall use their best efforts in meeting City's AB 939 goals. Compliance with Laws: CR&R at all times in the performance of this Agreement shall comply with all applicable local, state and federal laws and regulations, as those may be amended from time to time. Access and Inspection: Upon 48 hours notice to CR&R, City may enter CR&R's facility and may observe operations or inspect relevant documents or records. 12 Assignment: This Agreement may not be assigned without the prior written consent of both parties. Headings: The headings used here are not substantive and are only for reference. Construction of Document: This Agreement shall be interpreted reasonably and neither for or against either party as each participated equally in its drafting. XXII PARTIAL INVALIDATION If any portion of this Agreement shall be invalidated on any ground by a court of competent jurisdiction, the balance of said Agreement shall continue to be binding upon the parties hereto. XXIII AUTHORITY TO ENTER Each of the parties hereto warrants and represents to the other that this Agreement has been approved by its board of directors and that its officers are duly authorized to execute this Agreement and make the same binding upon the parties hereto. DATED on the day and year above written. ATTEST: CITY OF SAN JACINTO By: City Clerk Date Mayor Date ATTEST: City Attorney APPROVAL: O.K. ASSOCIATES, INC. Date By: 13 By: CR&R, INCORPORATED Michael Dulberg Date President VT'd PF,JST'qg xco XOD WCH_71 17bbL-be-±is ciriorable; Mayor:an Attached to this memorandum is the amended contract with. CR&R for Material Recovery Facility (MRF) services;{Recycling). This draft is as. of, September.30 1904 at 4.30 P.M, The;parties have agreed:on; most all -points. Please, n©te:the new language b on page 9:of the,:contra:ctconcerning Environmental; lmpairri ent coverage; CR&R. Thisnew languege;is still under review by CR&R Attorneys. [f this language changes we will issue you a new draft as soon as:,it becomes.availeble,., L( CR&R INcoRPQRATED AND CITY OF SAN JACINTO CITY OF SAN JACINT0 RECYCLINQ AGREEMENT This Agreement is made this day of 1994, between CR&R, Incorporated (hereinafter "CR&R") and the City of San Jacinto (hereinafter "City"). RECITALS: 1. CR&R, Incorporated (CR&R) is a California corporation in the business of accepting solid waste from governmental agencies and solid waste hauling contractors at its transfer station. CR&R also is engaged in the separation of recyclable material from such solid waste for marketing to users of recyclable material. 2. The City of San Jacinto (City) is a municipal corporation. Pursuant to the provisions of California Public Resources Code Section 49300, the City of San Jacinto has entered into an exclusive franchise with 0. K. Associates, Inc., for solid waste hauling within the City of San Jacinto. Pursuant to the exclusive franchise agreement, the City retained the right to direct the disposition of solid waste and discarded recyclables. 3. Pursuant to the provisions of AB 939, the legislature has determined that there is a need to reduce landfilling of solid waste by removing recyclables and green waste from the waste stream before disposal at a landfill. City desires to enter into an Agreement with CR&R which will provide that CR&R will accept all solid waste from the City and divert therefrom such recyclables and green waste, as provided in this Agreement and in full compliance with the diversion standards of AB 939. 4. CR&R desires to enter into an agreement with the City establishing transfer, green waste, and recycling rates for all the solid waste it accepts from the City and to provide for the reclamation of recyclable materials as required by law. AGREEMENTS: NOW, THEREFORE, for and in consideration of the covenants herein contained, performed and to be performed, the parties hereto agree as follows: nEFTNTTIONS The following definitions will apply to the phrases so used in this Agreement: Discarded Recyclables: Recyclables relinquished by their owners to the City's jurisdiction. Green Waste: That portion of solid waste consisting of putrescible garden, grass, tree and other vegetative waste that is acceptable for composting. Recyclables: Products in the waste stream which become raw material for other or new products. Solid Waste: All putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, excluding hazardous and medical waste. 11 DEDICATION OF WASTE To the extent the City has jurisdiction, it will cause its contractor to provide to CR&R solid waste collected from all residential, commercial, and industrial units in the City of San Jacinto. All solid waste (including, but not limited to, trash, discarded recyclables, and green waste) collected regularly by the City's contractor in the City, will be delivered to CR&R's site in Perris, California under terms and conditions as shall hereinafter appear. Current annual volume is approximately 18,000 tons, however City makes no warranty thereof. Pursuant to this Agreement, O.K. Associates, or such other hauler as may be under contract to the City of San Jacinto, shall deliver all solid waste, discarded material, green waste, and discarded recyclables to CR&R's material recovery facility, located in Perris, California. O.K. Associates has warranted that no additional charge shall be made to the City or to City's customers by additional transportation, mileage, equipment usage or related additional expenses by reason of the change in refuse disposition from the Lamb's Canyon landfill to the CR&R material recovery facility in Perris. O.K. Associates shall provide its written acknowledgement, and consent to this Agreement and particularly, to its promises and representations stated within this paragraph. 2 "r4 H'e,ZEt7(:;9 Ol XOD XCD [4CP.H ET:9T rhEDI-6:-H4; City will deliver all solid waste to CR&R, but it may be delivered as solid waste, and/or commingled recyclables and/or separate green waste in any combination with the appropriate processing charges applied for each category detailed in Exhibit "A". City currently has no separate pickup for recyclables or green waste. City reserves the right to deliver mixed solid waste with no presort, the diversion credit from which shall be twenty-five percent (25%) guaranteed diVersion from the solid waste received. The City reserves the right to deliver source separated green waste and the remaining mixed solid waste. The diversion credit from which shall be thirty-five percent (35%) guaranteed diversion from the waste received. 111 ACCEPTANCE or WASTE (a) Effective January 1, 1995, CR&R agrees to accept directly from the City's contractor, as it is picked up from San Jacinto residential, commercial, and industrial units, on a regular basis all solid waste of whatever kind and nature and in whatever quantity, at CR&R's transfer station in Perris, California and to reclaim recyclable materials from the solid waste delivered to CR&R under terms and conditions as shall hereinafter appear. Where hazardous, biological or other wastes are included in the waste stream delivered to CR&R, CR&R shall appropriately notify the generator of such waste (if the generator can be identified) for such generator to make immediate disposal of such waste. If the generator cannot be identified, CR&R shall dispose of all such wastes at its sole expense. CR&R reserves the right to refuse the acceptance of a load of solid waste first known to contain such hazardous or biological wastes. (b) Notwithstanding the effective date stated in sub- paragraph (a) above, should CR&R be unsuccessful in obtaining its solid waste transfer permit at its Markham Street facility in Perris by said date, and should City so exercise its option, the effective date for delivery of waste under the reserve plan (described below in Section VI (c)) shall be March 1, 1995. IV TERM The term of this Agreement shall be for ten (10) years (unless sooner terminated under Section V) and shall commence upon contract execution. In the event AB 939 goals are successfully accomplished and grantee has met the performance standards contained in this Agreement, the City, upon approval of the City Council, within said Council's sole discretion, may extend the term of this Agreement for an additional ten (10) years or any portion thereof. v TEMINATION Notwithstanding anything to the contrary, this Agreement may be terminated after sixty (60) days for cause by either party hereto and cause shall be determined to he failure on the part of either party hereto to perform any of the requirements of this Agreement where said party has tailed to perform after having been given written notice of a default. The sixty (60) day period shall be used to make any and all performance modifications to place either party in compliance with this Agreement_ This Agreement may also be terminated by mutual consent of the parties. Notwithstanding the above, the parties may immediately terminate thin Agreement without the specified sixty (60) day notice based upon any material misrepresentation or dishonesty, or upon any material failure to perform this contract. Material failure to perform shall be defined as any interruption or stoppage of service which shall exceed three (3) calendar days, any seizure or attachment of equipment, filing of a bankruptcy petition (voluntary or invo3untary), transfer of the contract without prior City consent, or failure to maintain insurance. VT QU1kRANTEE (a) Effective January 1, 1995 through January 1, 2000, CR&R does hereby guarantee that it shall recover, process and divert not less than twenty five percent (25t) from all solid waste, (this guarantee shall be thirty-five percent (35%) should city implement a program to collect and deliver to CR&R, source separated green waste), delivered to CR&R from City, as required under PRC Code Section 41780. CR&R shall hold the City free and harmless from any fines, penalties or any other assessment made which results from the failure of CR&R to meet the diversion guarantee. Recognizing that CR&R's Perris MRF facility is not anticipated to be completed until July 1, 1995, and in the event legislation should permit such application, CR&R shall make application on behalf of City and pay all expenses, fees (including legal fees), and costs related to such applications for extension, pursuant to PRC Section 41820, or under such other authority, to obtain extension of City's diversion deadline set forth in PRC Section 41780. Any diversion guarantee of more than twenty five percent (25%) or thirty-five percent (35%), as the case may be, for diversions required beyond January 1, 1995, shall be negotiated pursuant to paragraph VII of this Agreement. (b) CR&R further guarantees that its facilities in Perris and/or Stanton will be ready and able to perform its obligations under this Agreement as eit January 1, 1995. In furtherance of this guarantee, CR&R shall hold the City, City's customers and City's waste hauling contractor free and harmless from any 4 qWri 0ELEVS5 01 XUD XED t7661-0E-d3S expenses, costs, fines, penalties or any other type of expense as may be incurred by reason of the inability of CR&R to timely accept waste as contemplated in this Agreement. Such indemnified expenses include but are not limited to additional transfer processing and transportation expenses at or to CR&R's facility in Stanton or to other diversion or disposal facilities. In furtherance of this paragraph, CR&R shall immediately make application for and to the City of Perris, County of Riverside, the CIWMB, and such other necessary agencies, and shall diligently pursue, an interim permit to transfer solid waste from its existing facility located on Markham Street in Perris, California. In the event such permit should be denied or granting thereof delayed beyond January 1, 1995, the City of San Jacinto at City's sole discretion, may withdraw from this contract without any obligation to or from CR&R. Should City fail on or before January 1, 1995 to exercise its option to withdraw from the contract, the Interim Diversion Plan, described in (c) below, shall be implemented. (c) Interim Diversion Plan: Notwithstanding the guarantees stated above in sub- paragraphs (a) and (b), and in the event CR&R has not obtained its solid waste transfer permit for the Markham Street facility as of January 1, 1995, CR&R shall implement the following back-up diversion plan: Effective March 1, 1995, CR&R, in cooperation with O.K. Associates, shall implement a program to accept at its Markham Street facility, source separated residential greenwaste, commercial and city greenwaste, and commercial recyclables. Should this plan be implemented, CR&R guarantees a 25% diversion effective March 1, 1995, and shall hold City harmless from any fine or penalty as may be imposed for a failure to reach such required diversion goal. CR&R, in cooperation with O.K. Associates, shall implement and operate this plan at no additional charge, cost or expense to City or to City's customers over or above the service charges in effect as of October 1, 1994, payable pursuant to City's contract with O. K. Associates. This interim plan shall continue in effect until CR&R shall obtain its solid waste transfer permit for its Markham Street facility, or until the Perris MRF is completed, whichever first occurs, and at which time CR&R shall commence solid waste MRF services as otherwise provided in this Agreement and the corresponding rates, per Exhibit "A", shall become effective. CR&R shall provide at least thirty (30) days notice to City before implementation of the rates shown in Exhibit nA", in order that notice may be afforded to City's customers of any necessary increase in rates. (d) Notwithstanding any other provision to the contrary, in the event CR&R cannot accept all or a portion of the solid waste delivered to its facility, City shall direct O.K. Associates to deliver such solid waste to any other available, appropriate facility and CR&R shall receive no payment therefor, and subject to CR&R's guarantee as specified above. (e) In the event CR&R cannot process all or any portion of solid waste already accepted, CR&R, at its cost, shall transport such solid waste to any other available appropriate facility. If such facility is a landfill, CR&R shall be reimbursed only for actual, current tipping fees. If such facility is a permitted MRF, CR&R shall be entitled to payment as set out herein. (f) Any diversion by_CR&R of greenwaste for composting shall be made to a facility appropriately permitted to perform fAkch diversion. VII NEGOTIATION AFTER CHANGE IN DIVERsioN MANDATE The parties hereto acknowledge that AB939 requires that a fifty percent (50%) diversion will be required on and after January 1, 2000. At anytime prior to January 1, 1999, at the request of either party, but in no event later than January 1, 1999, CR&R and the City will commence negotiations relative to a new fee to comply with AB939's current goal of fifty percent (50%) or such goal higher than twenty-five percent (25%) that may be enacted by the State legislature or the California Integrated waste Management Board (CIWMB). This diversion percentage and per ton cost, as well as CR&R's diversion percentage, may change up or down based on possible amendments to the goals of AB939, changes in diversion goals as may be prescribed by the CIWMB, changes in other laws that govern solid waste, disposal fees, and technology. Both parties agree to negotiate in good faith relative to CR&R's performance and the City's obligations in meeting current and amended goals of AB939. If a fee cannot be negotiated or the performance reauirements of the CIWMB are not met by CR&R, the City reserves the right to terminate the contract effective January 1, 2000. VIII RATES In exchange for accepting all solid waste from the City, at CR&R's transfer station, and for recycling and reclaiming materials from said solid waste, as well as providing final disposal at the landfill sites without additional cost to the City, CR&R, except as shall hereinafter appear, shall be compensated as prescribed in the schedule of rates called Exhibit CR&R represents and warrants that the per ton fees established in Exhibit "A" of this Agreement do not exceed the fees offered to 6 VH OF2517q9 131 XOD X[D WOdJ 9T:9L VE6T-W-dAS the Cities of Perris, Temecula, Canyon Lake, and Lake Elsinore as of the date of this Agreement. In the event any such fee is lower, the City of San Jacinto shall receive that fee. As additional consideration for the rates to be paid by City, CR&R shall provide advice and technical assistance to City toward creation and implementation of City's public education and information program. TX BILLING CR&R shall invoice the City on the 1st of each month for previous month's services and unless disputed by City will be paid within thirty (30) days from date of received invoice. CR&R shall provide such supporting documentation for each invoice as the City may require including, but not limited to, trip or weight tickets as proof of tonnage billed and such other documentation as the City may require to support and verify the percentages of recycled or reclaimed materials as such percentages may be required by law. The City will not pay invoices lacking such verification. City payment shall be made only from funds designated for such payment. X LANDFILL FEES The County of Riverside's landfill charge as of the date of execution of this Agreement is thirty-eight dollars and fifty cents ($38.50) per ton, which said cost and increases thereto shall be paid by CR&R. CR&R will guarantee all prices established in Exhibit "A" subject to landfill increases, green waste disposal fee increases, annual Cost of Operation Increases, and the usage of the Mead Valley landfill. Any disposal fee increases (other than County landfill increases) or other unforseen increases in cost of operation shall be processed pursuant to the terms of Paragraph XII. Should the Mead Valley landfill close, requiring transportation of waste to another site, City and CR&R shall negotiate an applicable increase/decrease in the fee, which shall be subject to review and approval by the City Council. In the event of an increase of county landfill fees during the life of this Agreement, CR&R will pass on seventy-five percent (75%) of said increase based upon the guaranteed 25% diversion. In the event the City implements and delivers source separated green waste, CR&R will pass on sixty-five percent (65%) of said increase based upon the guaranteed thirty-five percent (35%) diversion. For any additional recovery percentage that may be negotiated under Section VII, the proportional landfill diversion credit shall be applied. 7 XI ADJUSTMENT)DJUSTMENT QF RATES CR&R may request an annual increase in the compensation paid pursuant to this Agreement for services performed on behalf of the City based upon the increase over the previous year of the weighted consumer price indices of the following components, labor, fuel, insurance, equipment, utilities and others, all as shown on the attached Exhibit "B", which exhibit further clarifies the method of calculation. Said increase may be calculated on each yearly anniversary date of this Agreement beginning July 1, 1996 and on July 1st thereafter for the balance of the term of this Agreement. Increases shall be based upon figures published for the month of March. CR&R shall provide such records and other supporting materials as may be required by the City to support CR&R's claim for an increase in compensation. All future increases will be added to the previous year's base net cost of operations calculation. Any requested increase shall be reviewed and subject to approval by the City Council. XII ADJUSTMENT OF_RATES - EXTRAORDINARY CAUSES In addition to and not in lieu of, the annual increase described above, CR&R may also request rate increases in an amount equal to CR&R's extraordinary increases in its costs. Such extraordinary increases in its costs shall include, by way of example and not by way of limitation: (1) a change in the location of the landfill or other lawful disposal sites to which CR&R is required to transport solid waste; (2) substantial changes in the local. State or Federal laws governing the collection, separation, transportation, recycling, composting, or disposal of solid waste and construction debris; and (3) disposal fee increases other than landfill increases. Any such requested increase shall be supported by full documentation and shall be reviewed and subject to approval by the City Council. The parties hereto recognize that the laws and regulations pertaining to solid waste disposal and recycling are subject to change. For that reason, City and CR&R agree that each shall meet and confer upon the request of either party, with respect to any change, modification, or addition to this Agreement that may be advisable or necessitated thereby. XIII OWNERSHIP OF WASTE CR&R shall become owner of all solid waste when delivered to its site in Perris, California and shall have the exclusive right to market all recycled material reclaimed from solid waste generated by the City pursuant to this Agreement and shall be entitled to 8 R715Thq9Ot XCD AO t,b6T-OE-d35 any and all income or expenses derived from said marketing over which the City or the City's contractor shall have no claim. This Agreement_is not intended to transfer to CR&R any liability as a generator. XIV REPORTS BY CR&R CR&R shall keep and maintain for the entire term of this Agreement accurate records of all waste delivered, accepted, processed and diverted under this Agreement in a form and manner which at a minimum shall prove diversion as required by the CIWMB. Upon reasonable notice to CR&R, City may audit CR&R for compliance with CIWMB requirements and generally accepted billing practices. CR&R will provide a monthly report of tonnages delivered, diverted, recycled, and landfilled, detailing material types and percentages of diversion to the City's contractor and the City of San Jacinto. These reports will include ongoing waste characterization studies and will be generated and formatted in a manner that will allow the City to meet the reporting requirements of AB939 and based on the current SRRE waste stream characterization. XV INDEMNIFICATION OP CITY Notwithstanding, the limits of any insurance, CR&R will indemnify, defend and hold harmless the City, its directors, officers. agents, employees and insurers against any and loss damage 1iabi1ijy claim, demand, penalty, judgment, cost , or ca but not nd StIll 'Aft defense costs for counsel acceptable to Citarisingr alle ed to arise from the negligent acts, omissions, including but not limited to environmental impairment by CR&R, its directors, officers, agents, employees, parent subsidiary, affiliate, successor or as5ign771----Tperfa-mance of this Agreement or from facility or obligations which are the subject of this Agreement, Without affecting the City's indemnity rights, the City shall notify CR&R within a reasonable time of any events, claims_or complaints received by the City which may result in the indemnification of the City. As used herein, "environmental impairment" includes but is not limited to, any demand, claim, suit, action, liability, damage, cost, loss, penalty, fee, expense or response costs based on the provisions of the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601 et seg., the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §6901 et seq., the California Hazardous Substances Account Act (California Health & Safety Code Sections 25300 et sea.), the 9 vry-, vry, JT.QT Safety Code Sections 25100 et seq.), the California Porter - Cologne Act (California Water Code Sections 13000 et seg.), and any and all amendments and regulations thereto, and any other Federal, State, regional or local environmental statutory or regulatory provision (the indemnification provision of this part pertain to actions, enforcement s or any other actions concerning the CR&R MRF Facility or any other facilities operated or controlled by CR&R). The provisions of this Article shall survive termination of this Agreement. XVI INSURANCES CR&R shall provide insurance coverage on its operation as follows: (a) Workers' Compensation Insurance: CR&R shall take out and maintain during the life of this Agreement workers' compensation insurance and, if any work is sublet, CR&R shall require subcontractor similarly to provide workers' compensation insurance. CR&R shall indemnify the City for any damage resulting to it from failure of either CR&R or any subcontractor to take out or maintain such insurance. CR&R warrants and acknowledges that it is an independent contractor and that neither it, nor its employees, are the employees or agents of the City of San Jacinto, nor that they shall be deemed to be employees or agents of City as a result of this Agreement. (b) Public Liability and Property Damage Insurance: CR&R shall take out and maintain during the life of this Agreement such public liability and property damage insurance as shall be acceptable to and protect the City, its elective and appointive board, officers, agents, and employees, being public liability and property damage insurance on account of bodily injuries, including death resulting therefrom, in the sum of not less than two million dollars ($2,000,000.00) combined single limit per occurrence. Said public liability and property damage insurance (including automobile) Shall be endorsed to name the City, its elective board, officers, agents, and employees as additional insureds with respect to all operations performed by or on behalf of CR&R. Said policy shall be endorsed to provide that coverage shall not be reduced or cancelled unless and until twenty (20) days advance notice of such reduction and/or cancellation has been mailed to the City's contractor. Said public liability and property damage insurance (including automobile) shall include contractual liability insurance applying to liability assumed under this Agreement, as well as comprehensive automobile liability insurance on all automobiles (owned and nonowned), 10 Ti'd GELES9 >DJ 'd >CD WO'dJ 8T:9T t,66T-0E—cES liability insurance on all automobiles (owned and nonowned), contractual, independent contractors, broad form property damage, fire and vandalism coverage in the amounts set out here. All insurance shall be occurrence based and not claims made. In addition to the above coverages, CR&R shall maintain throughout the term of this Agreement, environmental impairment liability coverage in the amount of five million dollars ($5,000,000.00). Said public liability, environmental and property damage insurance, shall be endorsed to stipulate that such insurance as afforded to the City, its elective board, officers, agents, and employees shall be primary insurance and not contributing with any other insurance maintained by the City. CR&R shall furnish the City, concurrently with the execution hereof, with satisfactory proof and endorsement of the insurance required. XVII PERMITS, LICENSES, AND AUTHORIZATIONS CR&R shall obtain, at its expense, all permits, licenses and authorizations from any governmental agency having jurisdiction over its operations necessary for the performance of this Agreement and shall provide proof that said licenses and permits have been obtained (including but not limited to environmental review). xvIII ATTORNEYS FEES In the event if CR&R and the City, or either of them institutes action to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' tees and court costs. XIX APPLICABLE LAW This Agreement shall be interpreted and enforced in accordance with the laws of the State of California. xx NOTICES All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed duly given (i) if delivered by hand and receipted for by the party addressee, or (ii) mailed by certified or registered mail with postage prepaid, on the third business day after the mailing date. 11 C,T - Ain. Address of the parties hereto are as follows: CR&R, Incorporated 11292 Western Avenue Stanton, CA 90680 Attn: President (714) 826-9049 (714) 895-5702 - fax XXI miscELLANEOUS City of San Jacinto 312 E. Main San Jacinto, CA 92583 Attn: Asst. to the City Manager (909) 654-7337 (909) 654-3728 - fax This Agreement establishes contract rights that shall be binding upon, and shall inure to the benefit of, the successors, permitted assigns, heirs, and legal representatives of the parties hereto. This Agreement may be executed in one or more counterparts, each of which shall constitute an original. No amendment, modification, termination or cancellation of this Agreement shall be effective unless in writing signed by both parties hereto. CR&R/Hauler Corporation: CR&R and City's franchisee, O.K. Associates, or any successor thereto shall cooperate in carrying out this Agreement and shall use their best efforts in meeting City's AB 939 goals. Compliance with Laws: CR&R at all times in the performance of this Agreement shall comply with all applicable local, state and federal laws and regulations, as those may be amended from time to time. Access and Inspection: Upon 48 hours notice to CR&R, City may enter CR&R's facility and may observe operations or inspect relevant documents or records. Assignment: This Agreement may not be assigned without the prior written consent of both parties. Headings: The headings used here are not substantive and are only for reference. Construction of Document: This Agreement shall be interpreted reasonably and neither for or against either party as each participated equally in its drafting. XXII PARTIAL INVALIDATION If any portion of this Agreement shall be invalidated on any ground by a court of competent jurisdiction, the balance of said Agreement shall continue to be binding upon the parties hereto. 12 LI'd UELES9 01 XOD XUD WeNi 31:9T t2GE1-OP-&79 XXIII AUTHORITY TO ENTER Each of the parties hereto warrants and represents to the other that this Agreement has been approved by its board of directors and that its officers are duly authorized to execute this Agreement and make the same binding upon the parties hereto. DATED on the day and year above written. ATTEST: CITY OF SAN JACINTO By: City Clerk Date Mayor Date ATTEST: CR&R, INCORPORATED City Attorney APPROVAL: O.K. ASSOCIATES, INC. By: Date Clifford Ronnenberg Date Chairman By: 13 jr--, of--r,J.J 07.0T 4,rcr2Cijc 8 EXHIBIT l scHEDUME OF RATE$ AS OF 09/28/94 CE Riverside county Landfill FYI: Blue Ribbon Organics Fee: m (eoiatiled ofe Processing: recyclable materials) Transfer to Mead Valley Landfill: (transfer of waste without sortatlon to mead valley Landfill) Transfer Fee: (• delivered with less than 2% contamination to be transported to Blue Ribbon) Mixed Solid Waste Processing: (reocvery of r-ecyclahles from mixed solid wash stream including transfer to the Mead Valley Landfill) $ 38.50/ton $ 20.00/tan $ 30.00/ton (1) $ 15.00/ten (2) $ 15.00/ton (3) $ 25.00/ton (2) This service includes sortaticn, baling, transportation, and marketing of mixed recyclable ,;.terial. ci &R will keep all magic] values. These services will have the cent Riverside County landfill fee added to the rates posted above. This service will have the cent Blue Ribbon organics Yes added to the rates pouted above. nixed Solid Whete sieg Fe tjmelysis 25$ Div3iorl Transfer Fee (to Mead Valley) : $ 15.00/ton Material Recovery Fee (soxtation): $ 26.62/ton Avoideei Disposal Coedit (Original Formula) : $ (8.62)/ton Recyclable Material Value Credit: $ (8.00)/ton Net Service Fee (occluding disposer]): $ 25.00/ton July 1, 1994 Landfill Increase (75% X $4.00) $ 3.00/tat County of Riverside Landfill Fee (6/30/94): $ 34.50/Ton Total. Service Fee: $ 62.50/ton Transfer Fee Aralvsie Transfer Fee: $ 15.00/ton Blue Ribbon Organics Fee: $ 20.00/ton Total Service Fee: $ 35.00/ton et. itia Commingled Recyclablcs Processing Fee: Transfer Fee: -1 - Processing Fee: Mixed Solid Waste PrOCe.ging Fee: $ 30.00/ton $ 15.00/ton $ 15.00/ton $ 26.62/ton cr d BZLEG59 C11 :0D R xro b661-5 d3S Cost Conbponent i abor Fuel 0.4125 0.0545 Equipment 0.2650 Insurance 0.0250 All Other 02430 - Utilities - Mainteneure - Uniforms - Tax & License - H(SG Total RATE INCREASE: 'EXHIBIT "B" =� GSTED AVERAGE REFUSE RATE IN 410 ' ' : COMPUTATION IPeraent Incase Yoslexes) iYData Hours Sanitary Services (SIC) 495 A Hourly .. 1 Si -•ra Ilk 171•... U.S. City verage All Urban Consumers Gasoline Produce Price Index (PPI) Motor Trucks (Code 141102) CPI, (unadjusted) U. S. City average, all Urban Consumers, Auto CPI, Los Angeles - Anaheim -Riverside All Urban Consumers, All Items Source ings Published .,thly by Bureau of Labor Statistics (BLS) nt 8t Published Monthly Bureau of Statistics Producer Price Price Indexes Publisbed Monthly by BLS CPI Detailed Report Published Monthly by BLS CPI Detailed Report Published Monthly by SLS V The anscription escri • tion, Inc. SPECIFICATIONS TxRx proposes to perform all work and return it in accordance with the specific time frames required. This time frame requirement will be met as long as TxRx receives timely notification of all work to be performed. Possible types of work and priority status. 1. In Custody Juvenile Hall 2. In Custody Adult DUI 3. In Custody Adult Felony 4. High Profile Case 5. Routine Reports 6. Confidential/Internal Report 7. Correspondence, Letters, Memo's 30/60 Minutes 2-4 Hours 4-6 Hours 60-90 Minutes 24 Hours 8 Hours As Specified Administrator's Note: Transcription takes approximately 4 to 5 times longer than the length of dictation. i.e.: 10 minutes of dictation would take about 45 minutes to transcribe. The above guidelines do not thoroughly address all types of reports and the required turnaround time frames. They are listed as a guide to assist in outlining Performance Standards. A Performance Schedule will be established by San Jacinto Police Department's Administration and included in the Contract for Services. In the event of a major systems failure or occurrences beyond TxRx's control, TxRx has a temporary means of continuing service to San Jacinto. TxRx has reached a reciprocal agreement with another transcription service to perform work on TxRx's accounts. TxRx has contracted directly with the other service and is responsible for any billing for services performed for TxRx. This relationship is one of contractor/subcontractor between TxRx and the other service who will abide by all requirements of any resultant contract entered into as a result of this proposal. This relationship is transitory in nature and it is envisioned it would not last over 24-48 hours maximum. It would involve rush or emergency work only. January 25, 1994 8 The anscription escription, Inc. QUAL CO ' OL By utilizing state-of-the-art transcription systems, TxRx can provide accurate, professional appearing documents. TxRx will implement a quality control program wherein all reports authored and transcribed will be spell checked, and thoroughly proofread by an experienced transcriptionist for obvious grammar and punctuation errors. Obvious errors will be corrected while maintaining content and clarity of the document. Author origination and intent will not be sacrificed. Corrections will be performed at no additional charge. In the event a report is revised by the author constituting more than three (3) lines of text, TxRx will charge the standard line fee for all added or deleted lines. TxRx prides itself on its adherence to standards of quality which exceed most found in the legal transcription industry. TxRx is totally dependent upon its customers to inform us when non -conforming quality work is received. We realize that mistakes are made, but we wish to correct them as quickly as possible. January 25, 1994 9 The anscription escription, Inc. , 4 '"4-44.444 DATA V I . ; LE UPLO TO C In reviewing the report generating system it was noted that San Jacinto Police Department was confronted with, collecting, documenting, and entering the same data fields repeatedly. Through discussion and observation, TxRx noted that this information could be collected and dictated by the officer during the initial reporting process. San Jacinto Police Department could, in fact, authorize TxRx to utilize a licensed copy of its current CRIS - RMS software. TxRx would, in fact, become a transparent data entry site. San Jacinto Police Department would still have full utilization of their current Records Management System in regard to data tracking, but would receive benefit of greater data management and records systems efficiency. January 25, 1994 10 V The anscription 0 escription, Inc. TIA NING SUPPORT TxRx is committed to providing their customers with the finest quality systems support in the transcription community today. That is why we believe that to produce quality work with state-of-the-art methods, it is necessary to educate and prepare our staff and our client's staff on the utilization of these technologically advanced methods of communication. TxRx will provide training to all personnel utilizing the dictation and transcription program. TxRx training personnel will focus on: Taking comprehensive notes at the scene. Documenting pertinent data, i.e., times of calls, addresses, DOB's, height, weight, CDL's etc. Develop the officer's ability to verbalize events and information in sequential order. Utilize and develop time management techniques in an effort to reduce current overtime expenses. During the training period, TxRx will provide each officer with templates that outline the functions of the dictation system. Additionally, samples of report formats will be provided to assist officers in "learning to dictate" complete and accurate reports. Our training staff will work closely with officers to ensure they understand and develop the ability to articulate events and information in a sequential format. Sergeants and key personnel, officers who have utilized the dictation system, will be trained and phased -in immediately. They will receive on -going training on management data, utilizing special system features. It is anticipated that officers will be phased -in in groups of three over a period of 30 days. After the initial phase -in, training will be on -going. Dictation will be January 25, 1994 11 V The anscri 1 ion escri ion, Inc. reviewed continuously by TxRx personnel. Officers that seem to be experiencing difficulty will receive assistance until they are comfortable with the dictation process. TxRx will train all new officers at San Jacinto's request. There will not be any additional fees for these services. January 25, 1994 12 The anscription escri ion, Inc. POLICE SERVICE REPRESENTATIVE BENEFITS • Reduce the total number of officer required calls for service. Continued focus on timely response to the community's request for service. • Improved public relations. Decrease in dollars expended on reports not requiring an officer. • Increase in pro -active community policing - a projected 15% plus increase. • Measurable decrease in response time to calls for service. Measurable increase in Robbery arrests. • Decrease in dollars expended for printing. Reduced costs in photocopying. Decreased duties for clerical records personnel. • Reduced costs for postage and supplies. January 25, 1994 13 The anscription escr • ion, Inc. LICE SERVICE REP' ENTA 0 ON USE OF OFF -SITE CIVILIAN POLICE SERVICE REPRESENTATIVES (PSR's) SERVING AS POLICE REPORT WRITERS FOR REPORTS THAT QUALIFY UNDER DEPARTMENT STANDARDS. GOAL To increase available patrol officer hours in order to respond in a rapid manner to priority calls and required reporting. BENEFITS • Civilian report takers can perform the same job function more economically than sworn officers regarding reports. These civilian report writers would not be city employees but would be the responsibility of an accountable off -site private sector contractor who is contractually and directly answerable to the police department. • Field patrol officers have more time to respond to "critical" calls for service and "pro -active" patrol procedures. • Provides availability of 24 hour a day 365 days a year staffing with charges for only the services rendered. • Toll -free reporting capabilities for involved citizens for all types of police reports. • Police experienced civilian managers to oversee the job functions. • Reports are electronically returned to the police department within four hours of filing of the report. January 25, 1994 14 The Transcription escription, Inc. Law enforcement is experiencing an increased demand for services, but is not being given any additional personnel with which to accomplish the job. Police managers are seeking new methods with which to meet these increased demands with existing personnel. This has usually resulted in a dramatic increase in the use of overtime pay due to officers having to perform report writing functions at the end of shift after returning to the station. This increase in overtime expenditures has not been received by city management favorably and police management has received direction to reduce overtime expenditures. The police department managers could explore, develop and implement a concept of certain types or classes of reports being taken by civilians. These report takers could be called Police Service Representatives (PSR's). Taking the concept further these PSR's do not need to be city employees but in fact could be employees for a private sector off -site contractor who is contractually directly answerable to the police department and city management. The off -site private sector PSR's would be background checked via fingerprints submitted by the private sector contractor and the police department would have the ability to request removal of non -qualified employees of the private sector contractor for cause. Since the police department already "screens" calls to determine what class the call is, the department could institute a policy that would specify certain types of reports would be referred to the off -site private sector PSR's. The reporting party would be given a 1-800 telephone number to call, which would ring at the private sector off -site PSR location. The phone would be answered to the effect of "police report desk". The PSR would then bring the appropriate report template to the computer screen and begin taking the report over the telephone. Once the report was completed the PSR would give the reporting party the case number, obtained from a block of DR's assigned to the private sector contractor. After the PSR has issued the DR number an inquiry would be made of the reporting party as to whether a copy of the report was needed. If the answer was January 25, 1994 15 V The anscri , tion esci , tion, Inc. in the affirmative the PSR would arrange for payment for the report and approval for release of that same report. A portion of the fees collected for the report copy would be credited to the police department PSR billing and a portion would be retained by the off -site private sector contractor company. Once the report was completed it would be electronically signed by the PSR and returned to the police department, again electronically and printed out. If a request had been made for a copy of the report by the citizen reporting party, a release approval form would accompany the report to the police department. After the report was approved and the request for release was okayed the off -site private sector contractor would collect the required funds. The report would then be retrieved, printed, and placed into an addressed envelope to be mailed to the individual who requested a copy of the report. Police management would want to require that any off -site private sector PSR's have sufficient training in the manner in which the police department prepares their reports. This training would be passed on to the director of the private sector contracting firm who would then have the responsibility for training of the PSR employees. Management would also want to contract with a company which had extensive experience in police department operations. January 25, 1994 16 The anscri I tion escri ion, Inc. CORI . ; OUTSIDE CONTRACTORS One of the primary concerns of the Police Departments in regard to outsourcing the function of transcribing police reports is the ability of an outside agency to handle Criminal Offender Record Information (CORI). Of concern is the fact that this information is not disclosed by the contractor. TxRx, has handled CORI Information over the past eight (8) years and continues to take measures to protect all CORI Information processed at our work sites. Additionally, TxRx conducts thorough employment screening which consists of a fingerprint background check, past employment verification, a mandatory drug screen and requires that each employee sign a Confidentiality and Business Ethics Agreement. Another concern that oftentimes arises is the ability to empower an outside contractor to handle CORI Information. Any governmental agency may authorize and empower an outside contractor to work, compile and transmit CORI Information. All that is needed is a signed CORI disclosure form setting forth the fact that this is Criminal Offender Record Information and that it cannot be disclosed by TxRx. (Counsel will provide this document to San Jacinto Police Department.) In an effort to provide a valid response to these concerns TxRx will provide proof of liability insurance in the amount of $1,000,000.00. TxRx will have all assigned personnel fingerprinted locally and then forward two print cards to San Jacinto for each employee. San Jacinto in turn can submit the prints to the Department of Justice for the required CORI clearance. If San Jacinto determines that a TxRx employee should not be involved in the performance of work on San Jacinto' contract, TxRx will remove that employee at San Jacinto's request. Disclosure of San Jacinto's confidential work, whether intentional or accidental will be reported upon discovery of such disclosure. Where appropriate TxRx will discipline the employee involved and/or refer the matter to the District Attorney via the San Jacinto's Governmental structure. January 25, 1994 17 The anscription escription, Inc. • Handwriting versus dictating is a seven to one (7:1) ratio. (Seven minutes writing to every one minute of dictation.) • Transcription is a four or five to one (4 or 5:1) ratio. (Four or five minutes to transcribe one minute of dictation.) • Hours projected in gained hours are "actual hours saved". These hours are not subject to lessor value due to vacation, holidays, sick time, etc., (benefit time). • Analysis and statistical information are based on 12-hour shifts. Figures are comparable and relevant to 10 hour shifts. January 25, 1994 18 The anscription • escription, Inc. COST ALYSIS KNOWN VALUES SWO PERSO L Handwriting reports comsumes two (2) hours per shift per officer. This represents 16.7% of an officer's shift is dedicated to report writing. • Dictation reduces report writing to 2.7% of the shift. Average reports per shift per officer = 2 Average dictation length seven (7) minutes. 7 minutes x 2 reports = 14 minutes Review, and other paper work, travel time etc... average = 22 minutes • 14% gain in available officer patrol time/Eighty four (84) minutes per officer per shift • Gain of eighty four (84) minutes per shift x 14.4 shifts per month per officer x 14 officers = 16,934 minutes + 60 = 282.25 hours in increased available patrol time = 3,386.4 x 12 months = 3,384 + 2080 (figure indicates FTE) A Gain of 1.62 Sworn Full -Time Equivalents Annually. • Conservative Value affixed to annual cost per officer $30,000.00 annual + 50% Benefit $45,000.00 Cash Value of 1.62 FTE's = $72,900.00 Projected cost of Off -site Telephonic Transcription Services annually. $28,906.00 Net Gain of Available Man Hours/Cash Value: $43,993.00 January 25, 1994 19 The anscription escription, Inc. CONTRACT FEES AND TERMS IN-HOUSE DICTATION In order for TxRx to put on line a functional system and make workable the proposed system TxRx will require a four year contract for performance of transcription services with San Jacinto. Should San Jacinto express an interest in pursuing this proposal then a contract will be drawn up for review by all parties. The contract will include all the above information, a definition of a line and a per report charge for data input. • First Year Line Fee: $0.1590 cents per line File Transfer: $0.30 cents per file . Second Year Line Fee: cents per ine ,---, File Transfer: $0.30 cents per file I b . Third Year Line Fee: To Be Negotiated . Fourth Year Line Fee: To Be Negotiated ** TxRx will recommend cellular technology the third and fourth year with fees to be negotiated. Billing will be 30 days in arrears for services performed. Payments for services rendered is due 30 days from the date of billing. TxRx warrants that the initial line fee of .1590 cents per line produced, will remain in effect for 12 months from the beginning of work on the contract. The guaranteed 12 month time frame regarding the .1590 cents per line produced line fee will commence on the first date TxRx performs work for San Jacinto with or without the benefit of a contract not including any test period involved. January 25, 1994 20 The anscription escription, Inc. LINE DEFINITIONS A line is defined as any 60 characters anywhere on a line, any character on a line constitutes a line utilizing 10 CPI (characters per inch) print. January 25, 1994 21 The anscri tion escri 1 tion, Inc. PHASE -IN Before TxRx can initiate a dictation/transcription program with San Jacinto Police Department a thorough evaluation of San Jacinto' network must be conducted. TxRx will provide a comprehensive profile outlining San Jacinto Police Department current networking environment and operating system. A total charge of $75.00 per hour will be charged. It is estimated that fifteen (15) hours of time will be sufficient to document and diagram a comprehensive profile. Upon approval, a detailed phase -in plan will be submitted to San Jacinto Police Department. January 25, 1994 22 The anscri 1 "on escri • 'on, Inc. OF EQ 1 • Equipment and all licensed software provided by TxRx to San Jacinto shall remain the property of TxRx and is furnished to facilitate the completion of San Jacinto' work. Said equipment is for use only by TxRx. No other vendors may use such equipment. • Equipment and all licensed software provided by San Jacinto to TxRx shall remain the property of San Jacinto and is furnished to facilitate the completion of San Jacinto' work. • Any exceptions to the paragraphs above must be in writing and signed by authorized representatives of the respective interests. EQUIPMENT INSTALLATIONS TXRX TxRx will be installing a host computer to assist in the facilitation of San Jacinto' work. Types, quantities, and systems configurations cannot be determined at this time. Final recommendations will be made after a systems evaluation has been completed. January 25, 1994 23 v The anscription escri tion, Inc. EQUIPMENT OTHER CONSIDERATIONS San Jacinto At San Jacinto' Site. I. Phones from which officers may call TxRx's Digital Dictation System. • One (1) phone line, dedicated for modem, accessible to TxRx. • A "contact" person for monitoring and assisting with transfer of completed files. • Required electrical outlets. • Central dictation area that allows the officers the ability to dictate in a noise free environment. SOli 1W • REQUIREMENTS San Jacinto • Two licensed user's copies of CRIS - RMS For TxRx - RMS data input Projected cost - already available. • Two licensed user's copies of WordPerfect Windows version 5.1 or better. Projected cost - $500.00 (could be eliminated if already available) • Two ACE CAD Pen Mice for electronic signature of authored reports. Projected cost - $300.00 January 25, 1994 24 T IP A EXHIBIT "B" NSCRIPTION TURNAROUND TIME -FRAME SCHEDULE Turnaround Time. Except as set forth below, TxRx shall endeavor to perform all work and return it to San Jacinto Police Department within twenty-four (24) hours of receipt of materials from San Jacinto Police Department, except to the extent TxRx is unable to complete and/or return work to San Jacinto Police Department due to causes beyond TxRx's control, including, without limitation, a system failure by TxRx or San Jacinto Police Department. 1.) In Custody Juvenile Hall 2.) In Custody Adult DUI 3.) In Custody Adult Felony 4.) High Profile Case As determined by Watch Commander. 5.) Routine Reports 24 hours (Crime - Officer Reports) 6.) Confidential/Internal Report 8 hours 7.) Correspondence, Letters, Memos As specified 30-60 minutes 30-60 minutes 30-60 minutes 60-90 minutes EXHIBIT "C" ADDITIONAL SERVICES San Jacinto Police Department may request services to be performed which are not set forth in "Basic Services" or "Reimbursable Expenses" . These services will be referred to as "Additional Services" . "Additional Services" shall be performed only at the request of San Jacinto Police Department and/or their authorized representative. Requests for these "Additional Services" must be in writing by authorized San Jacinto personnel. Such services are, but not limited to, *Crime Reporting Service, *Photocopying Service, consulting services related to hardware, software, and/or San Jacinto's local area network and additional development of existing data bases. 9 EXHIBIT "D" FEE SCHEDULE FOR SERVICES As full and complete compensation for the "Basic Services", TxRx shall be paid 0.159 per transcribed line as "Basic Compensation" for work performed as outlined in Exhibit "A". The line fee quoted as "Basic Compensation" shall not be changed during the first twelve (12) months of this Agreement. Any future changes in the line fee shall be negotiated between the parties hereto prior to the implementation of the changed line fee. FEES AND TERMS FOR BASIC SERVICES The first twelve months of service (first year) the line fee = The second twelve month period (second year) line fee = 0.159 per line. To be negotiated. The third twelve month period (third year) line fee = To be negotiated. FEES AND TERMS FOR ADDITIONAL SERVICES San Jacinto Police Department will be charged TxRx's a standard fee of $50.00 per hour for services not defined under "Basic Services" or "Reimbursable Expenses". A minimum charge of S25.00 will be charged for services requiring less than one hour of billable time. FEES AND TERMS FOR CRIME REPORTING SERVICES As outlined in Exhibit "A" San Jacinto Police Department will be charged an 11.00 per report fee for all reports received in conjunction with the Crime Reporting Service. This is a per report charge and these reports will not be subject to charge under "Basic Services". EXHIBIT "E" REIMBURSABLE EXPENSES In addition to the "Basic Compensation", TxRx shall be reimbursed for the actual and reasonable costs of any item in connection with the performance of "Basic" or "Additional" Services. "Reimbursable Expenses" are, but not limited to, toner and other miscellaneous supplies provided to San Jacinto Police Department, costs associated with the repair, replacement, labor, and/or replacement of software or hardware installed by TxRx due to negligence and/or damage resulting from actions of San Jacinto Police Department's personnel, volunteers, outside vendors, or other city staff members. 11 EXHIBIT "F" UPGRADES AND EXPANSION OF SERVICES TxRx will continue to research and develop upgrades to its Offsite Telephonic Transcription System (OTIS) in terms of hardware/software options and "Expanded Services." Should San Jacinto Police Department express an interest in the upgrades and "Expanded Services", TxRx will meet with San Jacinto Police Department and negotiate an Agreement Modification for implementation of the upgrades and/or "Expanded Services." Any contract modification negotiated will remain in full force and effect for the remaining term of the original Agreement. Any changes in fees for upgrades or "Expanded Services" will be negotiated with San Jacinto Police Department during the yearly fee negotiations as set forth in this Agreement. EXHIBIT "G" EQUIPMENT TO BE PROVIDED BY SAN JACINTO POLICE DEPARTMENT San Jacinto Police Department will supply the following equipment: (1) A dedicated phone line to be hooked up to the modem of the computer supplied by TxRx and resident at the San Jacinto Police Department. (2) Plain white paper to be utilized in the laser printer at the San Jacinto Police Department site. (3) Format samples of various police reports, complete listing of police officers involved in the O'FIS (Offsite Telephonic Transcription Program), required phone listings and other support information required to perform the work and satisfy the contract. 13 EXHIBIT "H" ARBITRATION ARBITRATION OF DISPUTES. Any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration before the Judicial Arbitration and Mediation Service (the "Service"), in accordance with the usual procedures of the Service, subject to the following provisions: (a) NOTICE TO ARBITRATE AND SELECI ION OF ARBITRATOR. The party seeking arbitration ("Demanding Party") shall deliver a written notice of demand to resolve the dispute (the "Demand") to the other party to this Agreement within the later of ten (10) days after such dispute arises or ten (10) days after the Demanding Party has in good faith determined a dispute exists. The Demand shall include a brief and plain statement of the Demanding Party's position, the facts concerning the dispute, the amount of the claim, and the name of the proposed retired judge from the service to decide the dispute ("Arbitrator"). Within ten (10) days after receipt of the Demand, the other party against whom a Demand is made shall deliver a written response ("Response") to the Demanding Party. The Response shall include a brief and plain statement of the responding party's defenses to the dispute and shall also state whether the party agrees to the Arbitrator chosen by the Demanding Party. In the event the parties cannot resolve the dispute within ten (10) days after the Response is delivered to the Demanding Party, after the parties have used their best good faith efforts to do so, then the Demanding Party shall deliver copies of the Demand and Response to the Service which shall resolve the dispute as aforesaid within fifteen (15) days after submission of the dispute to the Arbitrator. In the event the parties cannot agree upon an Arbitrator, the Service shall select and name an Arbitrator to conduct the hearings. (b) VENUE. The locale of the arbitration shall be in Riverside County, California. (c) ALTERNATE ARBITRATOR. In the event the Service is no longer in business and there is no comparable successor or the Arbitrator is unwilling or unable to resolve the dispute, then the parties shall agree upon another arbitrator. If the parties cannot agree upon another arbitrator, the a single neutral arbitrator shall be appointed pursuant to section 1281.6 of the Code of Civil Procedure. (d) DISCOVERY. With respect to Judicial Rights to Discovery, the parties to the arbitration shall be allowed to submit a request to the Arbitrator for Rights to Discovery. It shall be the Arbitrator's responsibility to respond to such Discovery request within five (5) business days of receipt thereof, to determine whether such request is appropriate and reasonable given the nature and scope of the matter being arbitrated, and if the Arbitrator decides such request was appropriate and reasonable, to outline the scope of Discovery to be allowed in the arbitration proceedings to ensure effective and prompt resolution of the matter being arbitrated. (e) FEES OF ARBITRATOR. The fees charged by the Arbitrator in resolving any dispute shall be shared equally by the parties to the arbitration unless the Arbitrator, in his or her best good faith legal judgement, awards such fees in full or in part to one of the parties to this Agreement, as the prevailing party in such dispute. (f) INDEMNITY. Provided the Arbitrator has not acted in bad faith, the parties hereto, jointly and severally, hereby agree to indemnify and hold harmless the Arbitrator handling the dispute from and against any and all claims, losses, liabilities, actions, causes of action, damages, costs and expenses, including, without limitation, any reasonable attorneys' fees and costs incurred by the Arbitrator handling the dispute which may be made against or incurred by the Arbitrator handling the dispute as a result of his or her participation in such dispute resolution process. NOTICE: By initialing in the space provided below, you are agreeing to have any dispute arising out of the matters included in the "Arbitration of Disputes" provision decided by neutral arbitration as provided herein and by California law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. By initialing in the space below, you are giving up your judicial rights to discovery and appeal, unless such rights are specifically included in the "Arbitration of Disputes" provision. If you refuse to submit to arbitration after agreeing to this provision, you may be compelled to arbitrate under the authority of the California Code of Civil Procedure. Your agreement to this arbitration provision is voluntary. 15 We have read and understand the foregoing and agree to submit disputes arising out of the matters included in the "Arbitration of Disputes" provision to neutral arbitration. City of San Jacinto Transcription Pfescription, Inc. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Les Evans, Director of Public Works DATE: October 4, 1994 SUBJECT: San Jacinto and Seventh Street intersection Improvements Change Order Request RECOMMENDATION; In accordance with City Council policy authorize change orders to the San Jacinto and Seventh Street Intersection Improvement Project in the amount of $6,810 50 to be charged to Storm Drain Account No. 39-4155-410-4001. FISCAL IMPACT The City's share of the original contract with Spencer and Jones was $276,248.06 of which $132,289.70 is funded by Gasoline Taxes and $143,958.36 is financed by Storm Drain Funds. The $6,810.50 change order is a storm drain expense and should be charged to Account No. 39-4155-410-4001. Adequate funds are available in the Storm Drain Fund. BACKGROUND AND ANALYSIS The City and ARCO Products, Inc. have entered into an agreement to improve the intersection of San Jacinto Avenue (SR79) and 7th Street. ARCO is responsible for the construction work in the northeast quadrant of the intersection, while the City is responsible for improvements constructed outside this quadrant. When complete, the project will eliminate the "dips" on 7th Street and provide an underground storm drain with inlets at all four comers. Since work began in early September, a series of design changes have been required. Several of the design changes have resulted in change orders to the contract for which the City will be required to pay its share. The change orders include: Change Order Not Construct a reinforced concrete "squash"box in the storm dram to avoid a conflict with an unknown sewer lateral. Change. Order No`3 Remove the old concrete roadway which was found under the existing asphalt pavement where the storm drain is being installed. 4,264.O0 2,546.50 TO: FROM: Laurie Mora, Deputy: City Clerk Via: Pamela S. Easter, City Manager, DATE: October 4, 1994 Honorable Mayor and Members of the City Council Claim - Steven T. Muter - JS 95-94 RECOMMENDATION: Reject the Application for Leave to file Late Claim, pursuant to Government Code Section 911.8, as recommended by the claims adjustor. COACHELLA VALLEY JOINT PO INSURANCE AUTHORITY September 12, 1994 Laurie Mora Deputy City Clerk CITY OF SAIN JACINTO 312 East Main Street San Jacinto, CA 92583 RE: Miller, Steven T. v. City of San Jacinto Loss Date 09/02I92 Our File # JS 95-04 Dear Ms. Mora: We are in receipt of the above -captioned application for leave to file .a late claim by attorney Richard J. Lister from the law office of Welebir & Lister, on behalf of claimant Steven e request that you take the action indicated below: CLAIM FE ECIiON: Written rejection of claim by Title of Board in accordance with Government Code Section 913, LATE CLAIM: Do NOT reject claim but RETURN it for failure to file within time limit prescribed in Government Code Section 911.2, Transmittal. NOT to contain "WARNING" required by Section 913, but should advise that the recourse to file "Application for Leave to File Late Claim" as provided in Government Code Section 911.4. This must be returned within 45 days of the date claim mailed or delivered. INSUI F[GL 1 T CLAIM fiend notice of insnffkiency for failure to comply with Government CodeSection 910 and/or 910.2 and/or 910.4 and cite the following specific insufficiencies: sent, within 20 days of your receipt of claim. CLAIM Reject claim as set forth in first paragraph above, CLAIM RFJEC'ITON. ON FOR LEAVE TO FIIE I AIL CLAIM: Reject the Application under Government Code Section 911.8. N Or LAw: Defer any written response pending our further advi Please provide us with a copy of any response requested above. If you have any questions, please contact the CVJPIA offiice. Sincerely, Dennis M. Molloy Claims Manager ERS 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 {619) 341-0492 FAX (619) 340-5949 CINTO TO: Honorable Mayor and Members of the City Council FROM: Laurie Mora, Deputy. City Clerk Via: Pamela S. Easter, City Manager DATE: October 4, 1994 RE: Claim - Rafeal Gentry - JS 95-0 RECOMMENDATION: Reject the claim pursuant to Government Code Section 913, as recommended by the claims adjustor. S A N JAINTt Staff Repo, TO: Honorable Mayor and Members of the City Council FROM: Gene Price, Interim Fire Chief Via: Pamela S. Easter, City Manager DATE: October 4, 1994 RE: Street Vendors Recommendation: Receive report and provide direction to staff, as appropriate. Background: Currently, street vending is taking place in various locations in the City. This is being done from motorized and non -motorized vehicles. These vendors are listed in the Business License section of the San Jacinto Municipal Code under Category F -- Special Business (Fixed Fees). The non -motorized are listed as "Peddlers and solicitors,' and the motorized are listed as "Vending from Vehicle" The Business License section states: "Solicitor/soliciting" means and includes any person who travels or goes from house to house within this city and peddles, hawks, vends or sells goods, wares, medicines or merchandise carried or caused to be carried or conveyed by the person peddling, hawking, vending or selling the same, or who solicits or takes orders at retail for any services, goods, wares or merchandise for future performance or delivery. "Solicitor" includes and means peddler. This definition shall not apply to a properly cleared solicitor for a charitable organization. Peddlers and solicitors:. Include carts for shaved ice, hot dogs, produce or nonfood items. Pay a Business License fee of $1;00 for six months minimum, or $10>per day, minimum of three days. Vendor shall keep the Business License upon his person at all times while transacting and carrying on such business within the city. Peddlers and solicitors (cont d) May be required to have a certificate of compliance. Vending from vehicle (any product for human consumption): Include ice cream, water delivery, or produce trucks. Pay a Business License fee of $1 00 per established route, per year. Vendor shall affix the license or copy of same to the right-hand lower corner o the windshield of such vehicle, as authorized by the Vehicle Code. May be required to have a certificate of compliance: All vending of food, whether pre -packaged or not, require a permit from the Riverside County Department of Environmental Health. The City will not issue a Business License until this requirement has been met. The only peddler not required to pay a Business license fee is one that is selling home grown produce. The Business License section 5.08.060 states: Homegrown Produce. The provisions of this division shall not be deemed or construed to require the payment of a license fee by any person peddling exclusively any eggs, fruits, vegetables, or other produce,raised upon the lands of such person; provided, that such person shall furnish good and satisfactory proof and evidence to the collector that all such products must be inspected and approved by the State Agricultural Department if subject to inspection and approval and proof of that inspection shall be attached to the application permit. Outdoor sales at established retail businesses are regulated by the zoning ordinance. Sales are conducted with a temporary use permit issued by the Community Development Department. No display shall take place within the public right of way, unless specifically approved by the City Council a minimum of 30 days prior to the sale. Some minor modification of the Business License Code related to street vendors will be necessary for purposes of administration. An example is the section on 'Vending from a vehicle" that levies a fee based on the number of established routes but does not explain how to determine what a route consists of. The modifications and any comments recieved from the City Council will be presented for adoption at a future meeting. COACHELLA VALLEY INSURANCE AUTHORITY September 12, 1994 Laurie Mora Deputy City Clerk CITY OF SAN JACINTO 312 East Main Street San Jacinto, CA 92583 Gentry; Rafeal v. City of San Jacinto Loss Date 06/15/94 Our File # JS 95-03 Dear Ms. Mora: OINT POWERS We are `in receipt of the above -captioned claim filed with the City of San Jacinto by attorney Beatrice E. Royster on behalf of claimant Rafeal Gentry. 'e request that you take the action indicated below: CLAIM RI?TRI IION: Written rejection of claim by Title of Board in accordance with Government Cade Section 913. j LATE CLAIIN Do NOT reject claim but RETURN it for failure to file thin time limit prescribed in Government Code Section 911.2. Transmittal NOT to contain !'WARNING" required by Section 913, but should advise that the recourse to file "Application for Leave to File Late Claim" as provided in Government Code Section 911.4. This must be returned within 45 days of the date claim mailed or delivered. iriSUFFICIEid I CLAIM Send notice of insufficiency for failure to comply with Government Code' Section 910 and/or 910.2` and/or 910.4 and cite the following specific insufficiencies: Thi must be sent within 20 days of your receipt of claim. [ ] 1 M1 DED CLAIM Reject claim as set forth in iust'paragraph above, CLAIM REJECTION. [ j AI'PIZCATLON FOR LEAVE TO FILE LATE CLAIM: Reject the Application under Government Code 'on 911.8. [ ] OPERATION OF LAW: Defer any written response pending our further advice. Please provide us with a copy of any response requested above. please contact the CVJPIA office. Sincerely, Dennis M. Molloy Claims Manager Jim cox° City Attorney you have any questions, 73-710 Fred Waring Drive, Suite 200, Palm Desert, CA 92260 (619) 341-0492 FAX (619) 340-5949 TO: Honorable Mayor and Members of the City Counci FROM: Les Evans, Director of Public Works Via: Pamela S. Easter, City Manager DATE: October 4, 1994 Agreement for Release of,Partial Claims, NBS RECOMMENDATION: Approve the agreement for Release of Partial Claims with NBS - Lowry and authorize the Mayor to execute the agreement on behalf of the City. BACKGROUND AND ANALYSIS: On April 6, 1993, the City Council approved an agreement for, Settlement of Claims with Western Landscape regarding Rancho San Jacinto Phase 1 Landscaping. The City agreed to a final contract change order, with Western Landscape, of $100,000 to settle claims for extra work. NBS-Lowry agreed to pay $40,000 of the change order and provide discounted future engineering services in the amount of $10,000. The total contribution from NBS-Lowry was set at $50,000. Although the City and NBS-Lowry have made arrangements for the cash payment of $40,000, the written agreement to accompany the payment has only recently been agreed to by the attorneys. Once the agreement is approved, the cash transaction can take place and arrangements for discount services can be negotiated. RELEASE OF PARTIAL CLAIMS This agreement for Release of Partial Claims is made and entered by and between the City of San Jacinto and its' Community Facilities District No. 2 (hereinafter collectively referred to as "DISTRICT") and NBS-Lowry (hereinafter "NBS"). RECITALS WHEREAS, on or about March 1988, NBS contracted with Peacock-Radaker Corporation for the design and field engineering of the storm drainage and other facilities for the Rancho San Jacinto Phase 1 development. The funding for such services were to be provided from the City of San Jacinto Community Facilities District No. 2. Thereafter, NBS and the City of San Jacinto entered into a second contract whereby NBS was to provide topography for the northerly and central drainage channels within the Phase 1 development; and WHEREAS, on or about February 21, 1990, DISTRICT entered into an agreement with Western Landscape Construction (hereinafter "WLC") to construct the facilities designed by NBS; and WHEREAS, on June 30, 1992 and August 17, 1992, WLC presented claims against DISTRICT pursuant to Government Code Sections 900, et. seq., alleging certain contractual disputes for extra services, as well as damages caused from the negligent design of the project; and WHEREAS, WLC threatened litigation against DISTRICT and NBS for damages alleged to have been caused by the claimed negligent design; and WHEREAS, on or about April 6, 1993, the DISTRICT and WLC entered into a SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS, wherein DISTRICT agreed to pay the additional sum of $100,000.00 to settle all claims of WLC, including such claims as WLC may have against NBS. By provision of the Settlement Agreement between DISTRICT and WLC, NBS was fully released and discharged from all liability to WLC and to WLC's subrogated insurers; and WHEREAS, WLC has contended that errors and/or omissions of NBS may have contributed to the damages claimed and paid to WLC. NBS denies such contention; and WHEREAS, NBS wishes to make an accommodation to the DISTRICT to share in the cost of the settlement of the WLC claim and the threatened litigation against District and NBS. NBS makes this accommodation recognizing that both parties desire to maintain their mutually -advantageous professional relationship and NBS thereby expresses its desire to help settle the issue rather than pay the expense of litigation. NBS contends that it is offering what it considers to be its cost to litigate the issue. AS A CONSEQUENCE OF THESE FACTS, and in consideration for the mutual promises set forth below, the parties agree as follows: 1. NBS shall pay to DISTRICT the sum of Forty Thousand Dollars ($40,000.00) payable upon execution of this Agreement; 2 2. In addition to the cash payment stated in paragraph 1 above, NBS shall provide SERVICE DISCOUNTS totaling Ten Thousand Dollars ($10,000.00). SERVICE DISCOUNTS shall be applied to verified and DISTRICT approved billings by NBS to DISTRICT which are currently outstanding or may hereafter be presented. SERVICE DISCOUNTS shall be made in a minimum amount of 20% of each billing (or at such larger percentage as may be mutually agreed) until satisfaction of the amount stated herein. 3. NBS acknowledges District's representation that all amounts paid by NBS hereunder, have been paid by DISTRICT to WLC in satisfaction of WLC's claim against DISTRICT alleging design negligence and that no portion thereof has been retained by DISTRICT for repair of storm damaged areas of the Phase 1 improvements. However, and in consideration of the payment and discount to be made hereunder by NBS to DISTRICT, DISTRICT does hereby fully release and discharge NBS, its officers, directors, shareholders and employees from any liability, claim or obligation for DISTRICT's costs in repairing, replacing and re- constructing those certain damaged areas listed on the attached Exhibit "A" (memorandum dated April 20, 1993 of Michael Stearns to Les Evans) with map attached thereto. DISTRICT does further release NBS, its officers, directors, shareholders and employees from any future direct claim by DISTRICT for any negligence in design and for future maintenance costs or damages relating to the specific improvements listed on the attached Exhibit "A". NBS acknowledges that this release given by DISTRICT shall not 3 extend to any claims by DISTRICT for equitable or contractual indemnity should DISTRICT later be sued by other third parties claiming, directly or indirectly, the negligence in the design of the listed improvements. Neither shall this Agreement be construed as DISTRICT's consent to defend or indemnify NBS for any act or omission of NBS in the design, field engineering or supervision of the listed improvements. 4. Nothing in this Agreement shall obligate DISTRICT to utilize the professional services of NBS, and it shall not be a breach of this Agreement for DISTRICT to at any time discontinue using the professional service of NBS. 5. If any payment due under this Agreement is not made when due, that amount shall bear interest at ten (10) percent per annum until paid. No interest shall accrue upon the SERVICE DISCOUNT portion. 6. Each party understands that the facts in respect to which this Agreement is made may be other than or different from the facts now believed by each party to be true; each party accepts and assumes the risk that said facts, or any of them, may be different from the facts now believed by each party to be true; and each party agrees that this Agreement and the releases given and covenants made hereunder shall be and will remain in effect as fully, completely and legally binding, notwithstanding the discovery or existence of any additional or different facts, or of any claims with respect thereto. In furtherance of this paragraph, the parties hereto specifically acknowledge and waive 4 the provisions of California Civil Code Section 1542 which section provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 7. Each party acknowledges and agrees that no representation, statement or promise not expressly set forth herein has been made by or on behalf of the other party or by any of its agents, servants, employees, representatives or attorneys, and that no representations, statements or promises that are not expressly set forth herein have been made or relied upon by any party. This Agreement constitutes the entire agreement among the parties and supersedes all agreements and understandings, oral and written, between the parties with respect to the subject matter hereof. 8. Both parties agree to execute any and all supplementary documents and to take all supplementary steps reasonably necessary and appropriate in order to give full force and effect to the terms and intent of this Agreement. 9. This Agreement is not an admission of liability, but is rather a compromise of disputes and differences and the result of good faith efforts to preserve a mutually beneficial professional relationship. 5 10. Each party shall bear its own legal fees and other costs incurred concerning any investigation into the project and the negotiation of this Agreement. 11. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision whether or not similar, nor shall any waiver constitute a continuing waiver. 12. The language in all parts of this Agreement shall be in all cases construed according to its fair meaning and not strictly for or against any party. 13. This Agreement shall in all respects be interpreted and enforced and governed by and under the laws of the State of California. 14. This Agreement can be executed in counterparts and, if that is done, each counterpart is declared to be an original. All counterparts, however, shall constitute but one and the same Agreement. In any action or proceeding, any photographic, photostatic or other copy may be introduced into evidence without foundation. 15. All notices or other communications required or permitted to be given pursuant to this Agreement shall be given in writing and shall be served either personally or sent by certified mail, postage pre -paid and addressed to the following addresses: NBS-LOWRY Attn: Michael J. Stearns Post Office Box 851 Hemet, California 92543 6 CITY OF SAN JACINTO 210 East Main Street San Jacinto, California 92583 CITY OF SAN JACINTO COMMUNITY FACILITIES DISTRICT NO. 2 HENRY HAFLIGER Mayor ATTEST: City Clerk Approved as to Form: COX & COX JAMES A. COX City Attorney By: NBS - LOWRY Michael J. Stearns Vice President - Office/Title 7 :N DAB Repo TO: Honorable Mayor and Members of the City Council FROM: Gene Price, Interim Fire Chief Via: Pamels S. Easter DATE: RE: Recom October 4, 1994 Riverside County Emergency Medical Se endation: ices Plan Receive oral report and provide direction to staff, as appropriate. Background: The Western Riverside Council of Governments (WRCOG) have been working with all member jurisdictions to facilitate the coordination of the Emergency Medical Services plan for western Riverside County. Meetings were held in each Area Planning District which included the County Health Director, the County Fire Chief, and City Managers and Fire Chiefs of the local agencies. I am including in your package: A memo from A.J. Wilson of WRCOG. A sample Resolution. A copy of the draft Advanced Life Support (ALS) provider standards. A map of the proposed service areas of the San Jacinto Valley. A copy of a letter from Hemet Valley Ambulance Service related to this issue. The boundaries on the map for San Jacinto do not include some recent annexations and will be modified to reflect those changes. MEMORANDUM TO: City Council, Board of Supervisors FROM: A.J. Wilson; Executive Director Western Riverside Council of Governments SUBJECT: Implementation of Emergency Medical Services Plan. We have been working with all member jurisdictions to facilitate the coordination of the Emergency Medical Services plan for western Riverside County. A series of meetings were held in each Area Planning District which included the County Health Director, The County Fire Chief, City Managers and City Fire Chiefs were applicable. Each of these working groups have reviewed optional approaches to administratively implement a cooperative Emergency Medical Services program within the represented jurisdictions. This review included evaluation of appropriate service areas, service levels, minimum service standards, and the process for selection of an EMS service provider. The summary of these preliminary review sessions was included in the attached memorandum which was reviewed at each of our Area Briefing sessions in late March and Farly April. Those briefing sessions all recommended that we proceed to present the options as recommended by the management groups to the local governing bodies and seek to formally proceed to implementation. The following are the recommendations of your joint management group: Service Area: The boundaries of the Area Planning District as shown on the attached map. Service Provider: To enter into preliminary negotiations with to determine if service can be provided which meets the minimum standards at long term cost competitive in the market. To release an RFP to a pre qualified list of bidders to receive proposals for providing service which would meet minimum standards. Service Levels: The levels as shown on the attached map with specific service delivery standards as included in the attached service standards. Administrative Structure: To establish an administrative committee composed of the City Manager or their designee, the Chief Administrative Officer of the County or their designee, and the County Health Director or their designee to provide administrative oversight to the service provider. This committee would select one agency to serve as lead contract agency. The attached resolution of participation identifies the terms of participation for your jurisdiction. We would seek to move forward with the implementation of the effort by the end of June 1994. RESOLUTION Cities of County of Riverside WHEREAS, the provision of Emergency Medical Service (EMS) is one of the most important public safety services provided for citizens through the efforts of local government; and WHEREAS, the city and county governments of western Riverside County desire to establish an effective Emergency Medical Services delivery system to provide services to our citizens; and AS, we recognize that such a system can most cost effectively be established through cooperative efforts of city and county governments seeking the best possible market position for our citizens; and WHEREAS, our citizens will be best served through a localized system within the Area Planning District, and WHEREAS, an effective EMS system will require identified minimum service standards and adequate administrative oversight to insure the EMS provider meets those minimum standards, and WHEREAS, there should be a cooperative method for the selection of a provider of EMS services within our Area District. NOW FORE BE IT RESOLVED that the County of Riverside and the Cities of do hereby agree to enter into a cooperative program for e provision of Emergency Medical Services within our Area Planning District as defined on the attached map, and BE IT FUR HIER RESOLVED that we authorize the City Managers and the Riverside County Health Director to serve as a negotiating team to enter into negotiations with to seek to develop a satisfactory agreement which will provide EMS service levels equal to or greater than those established by the draft EMS standards at a long term price structure competitive with existing market standards; and BE IT FURTHER RESOLVED that we agree to release a Request for Services to the EMS provider list which has been established through the cooperative program at the Western Riverside Council of Governments which will meet the minimum standards established in the draft EMS standards should1 the nego_tiations with the existing provider not result in a satisfactory conclusion by 4( , and BE IT FURTHER RESOLVED that we hereby establish an Administrative Oversight Committee for the EMS program within our Area District which shall be composed of the City Manager or their designee of each city, the Chief Administrative Officer of Riverside County or their designee, and the Director of Health for the County of Riverside or his designee. We further charge this Administrative Committee with the responsibility to prepare all agreements to implement the program, to select the lead contracting agency to provide a point of contact with the selected EMS provider, and to provide regular administrative oversight and review of the performance of the selected EMS provider with quarterly reports to the governing bodies of the participating city and county governments, and BE IT FURTHER RESOLVED that the participating jurisdictions named above agree to cooperate on all matters required for the effective implementation of this EMS program within our jurisdictions. Adopted this day of DRAFT May 18, 1994 ALS PROVIDER STANDARDS Table of Contents A. SUMMARY OF STANDARDS 1 B. AMBULANCE RESPONSE TIME PERFORMANCE STANDARDS AND PENALTIES 1 1. Calculation of Response Times 1 2. Response Time Standards 2 a. 8 Minute Response Zones 2 b. 10 Minute Response Zones 2 c. 12 Minute Response Zones 3 d. 14 Minute Response Zones 3 e. 20 Minute Response Zones 3 f. 45 Minute Response Zones 3 3. Response Time Exemptions 4 4. Contractor Request for Response Time Exemption 5 5. Excessive Response Time Performance Penalties and Repercussions 6 6. Deployment of Ambulances 8 C. LEVEL OF CLINICAL SOPHISTICATION 9 1. Medical Control 9 2. Contractor's Quality Improvement Program 9 3. Training/Education/Certification/Accreditation 10 a. Field Training Officers 10 b. EMT-P Evaluators 10 c. Continuing Education Records 10 d. Field Care Audits 10 e. Mandatory Education for Local EMT-P Accreditation 10 f. Specialty Education Programs 11 g. EMT-P Interview by EMS Agency 11 4. Ambulance Staffing 11 D. PERSONNEL AND WORKING CONDITIONS 11 1. EMT-P Wages and Benefits 11 7. Unit Hour Utilization 12 3. EMT-P Identification 12 4. Special Programs for Personnel 12 a. Critical Incident Stress Debriefing and Ongoing Stress Reduction 12 b. Chemical Dependency 12 c. Preventive Health Care 13 1) Immunizations 13 2) Infection Control 13 4. Supervisors 13 5. Key Personnel 14 DRAFT May 18, 1994 a. Chief Executive Officer 14 b. Quality Improvement Program Coordinator 14 c. In -Service Training Coordinator 14 d. Fleet Management Manager 15 e. System Status Manager 15 6. Health and Safety Programs 15 a. Health and Safety Committee 15 b. Driver Training Program and Map Reading 15 c. Vehicle Safety 16 E. VEHICLES AND EQUIPMENT 16 1. Vehicles 16 a. Ambulances 16 1) Ambulance Specifications 16 2) Vehicle Lettering, Marking, and Colors 16 b. Supervisors Vehicles 17 c. Vehicle Maintenance Program 17 2. Medical Equipment/Supplies 17 a. Equipment/Supplies Inventory Per Ambulance 17 b. Ambulance Equipment/Supplies Resupply 18 c. First Responder Equipment/Supplies 18 d. Return of Public Safety Personnel 19 e. Charge for Public Safety Personnel 20 F. MISCELLANEOUS REQUIREMENTS 20 1. Public Education Programs 20 2. Communications with the Electronic or Print Media and Public Information Programs 20 3. Out of County Medical Mutual Aid 20 G. DATA COLLECTION AND RECORDKEEPING 21 1. EMS System and Patient Data 21 2. Patient Medical Records 21 3. EMT-P Records 21 4. EMT-P Certification/Accreditation Disciplinary Proceedings 22 5. Non -Medical Administrative Issues 22 H. DISPATCH SERVICE 1. Communication Center Administration 2. Services Provided 3. Radios Required 4. Mobile Data Terminals DRAFT May 18, 1994 ALS PROVIDER STANDARDS A. SUMMARY OF STANDARDS 1 Contractor shall provide continuous uninterrupted emergency ambulance transportation and pre -hospital emergency medical care 24 hours a day, 7 days a week throughout the term of this Agreement. The service will be provided within the boundaries as defined with Section A.4. The service shall be according to the specifications set forth in this agreement and according to standards, policies, and procedures established by the EMS Administrative Group and EMS Agency. 2. Contractor shall provide public information and education relative to recognition of emergency medical conditions, EMS system access, cardiopulmonary resuscitation, first -aid, and injury prevention to the citizens of Riverside County within the service area through programs approved by the EMS Administrative Group. 3. Contractor shall provide EMS system data collection and reporting functions according to specifications set forth by the EMS Agency. 4. The service area is defined as: B. AMBULANCE RESPONSE TIME PERFORMANCE STANDARDS AND PENALTIES 1 Calculation of Response Times Response time shall be calculated from the time of the 911 call notification by City or County dispatch center to the ambulance or ambulance provider until the DRAFT May 18, 1994 time that an ambulance notifies the City or County dispatch center of its arrival at the scene of the emergency or until the ambulance is canceled by the dispatch center. If an ambulance response is downgraded by the dispatcher, the response time will include the time from its initial dispatch until the time it is downgraded. 2. Response Time Standards The following is the response time standard for Code 3 and Code 2 requests for emergency ambulance service originating from within the Area as defined in Section A.4. a. Eight (8) Minute Response Zones (Level I) Contractor shall place an ambulance at the scene within eight (8) minutes, as measured by an analogue clock, from the time that the ambulance is dispatched in areas defined in Section A.4. (designated as Level I response areas). b. Ten (10) Minute Response Zone (Level II) Contractor shall place an ambulance at the scene within ten (10) minutes, as measured by an analogue clock, from the time that the ambulance is dispatched in areas defined in Section A.4. (these areas designated as Level II). Page 2 DRAFT May 18, 1994 c. Twelve (12) Minute Response Zone (Level III) Contractor shall place an ambulance at the scene within twelve (12) minutes, as measured by an analogue clock, from the time that the ambulance is dispatched in areas defined in Section A.4. (these areas designated as Level III). d. Fourteen (14) Minute Response Zone (Level IV) Contractor shall place an ambulance at the scene within fourteen (14) minutes, as measured by an analogue clock, from the time that the ambulance is dispatched in areas defined in Section A.4. (these areas designated as Level IV). e. Twenty (20) Minute Response Zone (Level V) Contractor shall place an ambulance at the scene within twenty (20) minutes, as measured by analogue clock, from the time that the ambulance is dispatched in areas defined in Section A.4., (designated as Level V). d. Forty five (45) Minute Response Zone (Level VI). Contractor shall place an ambulance at the scene within forty five (45) minutes, as measured by analogue clock, from the time that the ambulance is dispatched in areas defined in Section A.4. (designated as Level VI). Page 3 DRAFT May 18, 1994 3. Response Time Exemptions In the monthly calculation of the Provider's response time performance, every emergency request originating from within the emergency ambulance provider zone shall be included except as follows: a. In case of a period of unusual system overload, e.g., multiple incidents with multiple victims or a large number of victims from a single incident (e.g., bus crash), etc. Unusual system overload will not exceed 1.5% provider's monthly call volume. b. In case of a multiple ambulance response to a single incident, only the response time of the first arriving ambulance shall be counted. c. Good cause for an exemption as determined by the EMS Administrative Group or their authorized representative. The burden of proof that there is good cause for the exemption shall rest with the Contractor and Contractor must have acted in good faith. The alleged good cause must have been a substantial factor in producing the excessive response time. Good cause for an exemption may include, but is not limited to, the following scenarios: 1) dispatch errors, including errors in system status management, which may be appealed by the Dispatch Center to the EMS Administrative Group which shallmake the fmal determination. Page 4 DRAFT May 18, 1994 2) incorrect or inaccurate dispatch information received from a calling party or 911 Public Safety Answering Point or from a public safety agency. 3) disrupted voice or data transmission 4) inability to locate address due to non-existent address 5) unavoidable delay caused by traffic congestion as the result of a vehicular accident to which the ambulance is responding in which there is no alternate access to the incident 6) unavoidable delays caused by road construction and/or closure 7) unavoidable delays caused by trains 8) off -road or off -paved road locations 9) weather conditions which impair visibility or create other unsafe driving conditions 4. Contractor Request for Response Time Exemption Contractor shall file any requests for response time exemptions on a monthly basis with the EMS Administrative Group within 15 days of the end of the previous month. Such request shall list the date, the time, and the specific circumstances causing the delayed response. Page 5 DRAFT May 18, 1994 5. Excessive Response Time Performance Penalties and Repercussions a. Contractor will be assessed financial penalties for incidents in which the ambulance crew fails to report their arrival at -scene, and in the event that a Basic Life Support Ambulance handles the call. b. Amounts of Penalties If Contractor fails to meet the response time standards, Contractor shall be assessed penalties in the following amounts 1) $10.00 for each minute exceeding the response time standard to a maximum of $300.00 per incident. 2) $500.00 for any incident in which a call is referred to a Basic Life Support Unit. 3) $300.00 for failure of the ambulance crew to report their arrival at -scene. 4) For each calendar month, in which Contractor has met less than 90% of the response time standards Contractor shall be assessed an additional lump sum for each percentage point below 90%. These shall be: a) 89-89.9% = 20% of the total penalty dollars assessed in 1), 2), and 3) above. Page 6 DRAFT May 18, 1994 b) 88-88.9% = 30% of the total penalty dollars assessed in 1), 2), and 3) above. c) 87-87.9% = 40% of the total penalty dollars assessed in 1), 2), and 3) above. d) 86-86.9% = 50% of the total penalty dollars assessed in 1), 2), and 3) above. e) 85-85.9% = 60% of the total penalty dollars assessed in 1), 2), and 3) above. f) <85% = 100% of the total penalty dollars assessed in 1), 2), and 3) above. 5) For each calendar month in which Contractor has met more than 90% of the response time standards, EMS Administrative Group shall credit Contractor for a lump sum for each percentage point above 90%. These shall be 99-100% $8000; 98-98.9% $4000; 97- 97.9% $2000; 96-96.9% $1000; and 90.1-95.9% $500. These amounts will be and can only be applied as credit against future response time financial penalties arising during teen of this Agreement. c. The EMS Administrative Group will inform the Contractor of the incidents and fines incurred on a monthly basis. Contractor shall pay all Page 7 DRAFT May 18, 1994 fines within 45 days of receipt of the notification. A late payment charge of five (5) % will be assessed monthly if no payment is received after the 45 day of receipt of the notification. Fines shall be paid to the EMS Administrative Group which will determine any use of those fine proceeds. 6. Deployment of Ambulances The Contractor will be responsible for planning the dispatch of ambulances through the provision of a system status plan, although the actual dispatch of ambulances shall be by a. System Status Plan 1) Contractor will be responsible for providing a written system status plan for the number of ambulances, their assigned locations, and deployment strategies. This plan shall be provided to the EMS Administrative Group. 2) An initial system status plan must be approved by the EMS Administrative Group. Any changes to the plan resulting in less ambulances being deployed at any time must be submitted for prior approval to the Council. Page 8 DRAFT May 18, 1994 C. LEVEL OF CLINICAL SOPHISTICATION Medical Control Prospective medical control of EMT-P personnel shall be according to the policies and procedures of the EMS Medical Director. Immediate medical control shall be provided to EMT-P personnel by Base Hospital physicians or mobile intensive care nurses according to the policies and procedures of the EMS Medical Director. Retrospective medical control shall be provided according to the standards set forth by the EMS Medical Director through quality improvement programs, including continuing education programs, conducted cooperatively by the Contractor, the EMS Agency, and the Base Hospitals. 2. Contractor's Quality Improvement Program The Contractor shall have a detailed Quality Improvement Program approved by the EMS Administrative Group. The Contractor's quality improvement program will be under the direction of a Quality Improvement Coordinator. The Contractor shall establish an ongoing Quality Improvement Committee which shall include field EMT -Ps. The Quality Improvement program shall emphasize peer review. Page 9 DRAFT May 18, 1994 3. Training/Education/Certification/Accreditation a. Field Training Officers Contractor shall designate a minimum of seven (7) field training officers who shall function as trainers and perfoiiii other duties on behalf of Contractor. b. EMT-P Evaluators Contractor shall designate EMT-P evaluators, for the purposes of evaluating EMT-P applying for accreditation to practice as EMT -Ps in the County, and for the purposes of precepting students. These individuals shall be approved by the EMS Medical Director. c. Continuing Education Records The Contractor shall maintain records of continuing education for its EMT-P employees for a minimum of four (4) years. d. Field Care Audits The Contractor shall work cooperatively with the Base Hospitals and the EMS Agency in identifying and assisting with field care audits. e. Mandatory Education for Local EMT-P Accreditation The Contractor shall cooperate fully with the EMS Agency to notify EMT -Ps of mandatory education programs. An example of such a program is the Medical Incident Command Training Program. Page 10 DRAFT May 18, 1994 f. Specialty Education Programs All EMT -Ps will achieve and continuously maintain Advanced Cardiac Life Support certification, Pre -hospital Trauma Life Support, or Basic Trauma Life Support and Pediatric Advanced Life Support certification within one year. g. EMT-P Interview by EMS Agency Contractor will cooperate fully with County in the coordination of any interviews of an employee of Contractor by County. 4. Ambulance Staffing All ambulances performing work under this contract will be staffed by two (2) EMT -Ps who are currently certified as EMT -Ps in California and accredited to practice in Riverside County. Subject to the approval of the EMS Administrative Group this staffing can be modified in special circumstances. D. PERSONNEL AND WORKING CONDITIONS 1. EMT-P Wages and Benefits It is the intent of the EMS Administrative Group that the Contractor demonstrate a commitment to attract and maintain a stable EMT-P work force. It is understood that wages and benefits contribute to such a program and therefore, the EMS Administrative Group intends that the Contractor's EMT -Ps receive Page 11 DRAFT May 18. 1994 wages and benefits that are reasonably equivalent to those of comparable private sector emergency ambulance providers in the Southern California Region. 2. Unit Hour Utilization Units working more than 14-hour shifts should have a fixed station. Unit hour utilization for 24-hour units should be no more than 0.4 in any one month. If higher, the system status plan shall be revised. 3 EMT-P Identification All ambulance crew members should, at all times while on duty, wear official identification issued by the Contractor which includes their picture attached to the outside of their uniform. 4. Special Programs for Personnel a. Critical Incident Stress Debriefing and Ongoing Stress Reduction The Contractor shall establish a critical incident stress debriefing and ongoing stress reduction programs which are documented, well publicized, and readily available to its EMT-P personnel. An accurate description of this program shall be sent to the EMS Administrative Group for review and approval. b. Chemical Dependency The Contractor shall have an organized and documented plan to help its personnel with chemical dependency problems. An accurate description Page 12 DRAFT May 18, 1994 of this program shall be sent to the EMS Administrative Group for review and approval. c. Preventive Health Care 1) Immunizations Contractor shall provide to EMT -Ps, at no cost to the employee, MMR (measles, mumps, rubella) and HBV (hepatitis B) immunizations, semi-annual tuberculosis PPD test (purified protein derivative) or any other immunizations specified by the County Health Officer. 2) Infection Control Contractor shall have written infection control policies and procedures approved by the County Health Officer. Testing and counseling services shall be provided to employees at no cost for employees exposed to serious infectious diseases. The Contractor shall report any known employee exposures to serious infectious diseases to the County Health Officer. 5. Supervisors At least one supervisor will be on duty within each region at all times. All supervisors shall be currently certified and accredited as EMT -Ps in the County of Riverside. Page 13 DRAFT May 18, 1994 6. Key Personnel Contractor shall have key personnel in the following categories employed at all times. An organizational chart complete with titles, names and phone numbers must be submitted in writing to the EMS Administrative Group. Key personnel job categories shall be: a) Chief Executive Officer who shall be responsible for all divisional functions on a daily basis, including field operations, contract compliance, quality improvement, training and risk management. This individual will direct, coordinate and monitor overall system performance to ensure high standards of service, budget compliance and contractual compliance. b) Quality Improvement Program Coordinator who shall be responsible for the quality improvement program. This individual will ensure that core values and standards of care maintained by operations personnel through the recruitment, selection, training, retraining, and retention of EMT -Ps. This job category may be filled by a private contractor if approved by EMS Administrative Group. c) In -Service Training Coordinator who shall be responsible for training and educational programs. This individual will provide for initial in-house orientation and training as well as ongoing in-service continuing Page 14 DRAFT May 18, 1994 education. This individual will coordinate training efforts with local fire jurisdictions. d) Fleet Management Manager who shall supervise the maintenance of ambulances and support vehicles. e) Contractor may designate a System Status Manager. If there is a system status manager, this individual will provide overall analysis and coordination of resource deployment. This individual shall be responsible for monitoring all system performance to ensure proper vehicle staffing and placement, response time compliance and system status planning. 7. Health and Safety Programs a. Contractor will establish a Health and Safety Committee whose duties will include, but not be limited to reviewing all employee accidents and injuries to determine preventability and making recommendations related to health programs. The committee will include a field employee. This committee may be the same committee as the vehicle safety committee described in 6.c. below. b. Driver Training Program and Map Reading Contractor will conduct a driver training and map reading program which shall be subject to the approval of the EMS Administrative Group on an annual basis. Page 15 DRAFT May 18, 1994 c. Vehicle Safety Contractor will convene an Accident Review Board for the purpose of reviewing all vehicular accidents. This board will make recommendations for improvement and prevention. The members of this board will consist of field employees, management and supervisory representatives, and non - field employees. E. VEHICLES AND EQUIPMENT 1. Vehicles a. Ambulances 1) Ambulance Specifications Contractor shall provide ambulances that meet State and Federal regulations. Ambulances must be able to transport three (3) adult patients in a supine position. Any modifications of these ambulance vehicles must be approved by the EMS Administrative Group. 2) Vehicle Lettering, Marking and Colors All vehicle lettering, markings and colors on ambulances or supervisor's vehicles must be approved by the EMS Administrative Group. Page 16 DRAFT May 18, 1994 b. Supervisors Vehicles Contractor shall supply two (2) supervisors vehicles. These vehicles shall also function as diaster/multi-casualty incident response vehicles to assist in rendering emergency assistance during a disaster or multi -casualty incident or at a medical command post. The vehicles will have a built-in field office with desk, file cabinet, swivel chair and bright lighting. The vehicles will be equipped with portable cellular telephones, computer with communication and FAX capabilities. The vehicles will maintain an equipment and supply inventory as specified in Exhitit C. c. Vehicle Maintenance Program Contractor will institute and maintain a preventative vehicle maintenance program that will require approval by the EMS Administrative Council. 2. Medical Equipment/Supplies a. Equipment/Supplies Inventory Per Ambulance Contractor will equip and supply ambulances according to the standards set forth by County and incorporated into this Agreement as Exhibit D. This inventory may be modified only with the approval of the EMS Medical Director. Page 17 DRAFT May 18, 1994 b. Ambulance Equipment/Supplies Resupply It shall be the responsibility of the Contractor to resupply all expendable supplies and medications. The Contractor may charge user fees sufficient to replace such expendable supplies as were utilized for the patient utilizing a cost determination formula approved by the EMS Administrative Group. The Contractor will maintain a recorded telephone line for EMT -Ps to call in their list of needed supplies. The Contractor will operate a vehicle that will deliver these supplies the same day (which shall not be operated by an on -duty field supervisor). The Contractor shall establish and maintain supply caches from which the ambulance crews may resupply their ambulances. c. First Responder Equipment/Supplies Contractor agrees to operate an exchange program with all first responder agencies for like medical supplies or equipment used on patients provided that a first responder form, meeting the specifications of the EMS Administrative Group, is completed by the first responder agency. Whenever possible, the Contractor's EMT-P personnel will provide the first responders with expendable medical supplies which were used for the patient before leaving the scene. The Contractor will operate a recorded telephone line that first responders may use to report their equipment that Page 18 DRAFT May 18, 1994 was sent to hospitals on the Contractor's ambulances or medical supplies which need to be replaced. The Contractor will retrieve the first responder's equipment and will return it to the headquarter site for the appropriate first responder agency within the same day. Any first responder equipment damaged or lost after turned over to the Contractor will be replaced by the Contractor. For first responder agencies that wish to participate in an oxygen replacement program, the Contractor will exchange an standardized aluminum "D" cylinder for their similar empty cylinder. The Contractor will refill the cylinder. Contractor accepts the responsibility to have these "D" cylinders hydro tested as required. The first responder supplies which will be restocked to the first responder agency by the Contractor are incorporated into this Agreement as Exhibit D. d. Return of Public Safety Personnel When it is necessary for public safety personnel to accompany the ambulance crew during patient transport, Contractor will be responsible for the timely return of these personnel to their workplace. This will be accomplished by either the Contractor's on -duty supervisor or through taxi service at the Contractor's expense. The public safety personnel will be Page 19 DRAFT May 18, 1994 returned to their agency within one hour or sooner unless there are extenuating circumstances and the agency is notified. e. Charge for Public Safety Personnel Each time a public safety employee is used to provide care during transport, the Contractor will pay the public safety agency $100 per employee utilized. F. MISCELLANEOUS REQUIREMENTS 1. Public Education Programs Contractor will provide an extensive public education program. Contractor will prepare an annual Public Education Plan with specific goals and objectives that will be submitted the EMS Administrative Group for review and approval prior to implementation. 2. Communications with the Electronic or Print Media and Public Information Programs a. Notifications Contractor will notify the Chair of the EMS Administrative Group of communications with the media. 3. Out of Service Area Medical Mutual Aid Contractor agrees to send ambulances and personnel to other EMS service areas for the purposes of rendering care to a large scale multiple victim incident when Page 20 DRAFT May 18, 1994 requested by EMS Agency for a limited time period. During this period, the EMS Administrative Group will waive all response time requirements. G. DATA COLLECTION AND RECORDKEEPING EMS System and Patient Data Contractor shall be responsible for the provision of detailed patient and EMS system data, both periodic written reports as well as computerized data, according to specifications set forth by the County and any future guidelines promulgated by the EMS Agency. The data will be prepared in a format specified by the EMS Agency. 2. Patient Medical Records The patient care record form shall be specified by the EMS Agency. This form shall be such that all routine documentation completed by the EMT-P for an emergency ambulance response (such as patient assessment, treatment, and billing information) can be completed on this form. The Contractor shall retain copies of all patient medical records for at least seven (7) years. These records shall be stored in a manner conducive to easy retrieval. A copy of the patient record shall be supplied to the EMS Administrative Group or EMS Agency upon request. 3. EMT-P Records The Contractor shall be responsible for maintaining records for EMT-P personnel according to the specifications of the County including, but not limited to, Page 21 DRAFT May 18, 1994 certification/accreditation/employment status, continuing education records, and performance accordance to quality improvement standards. The Contractor will also maintain records for EMT-P employee turnover including, but not limited to, the reasons for turnover. These records will be available to the County upon request. 4. EMT-P Certification/Accreditation Disciplinary Proceedings Contractor shall cooperate fully with the EMS Medical Director in disciplinary proceedings against an EMT-P's certificate. Such cooperation shall include, but not be limited to, provision of relevant patient records and incident reports. 5. Non -Medical Administrative Issues Contractor shall cooperate fully with the EMS Administrative Group regarding concerns about administrative issues, including Contractor policies, procedures, etc. Page 22 raftraf t mergeicy hiecica Service Levels San Jacinto Val ley APJ roads highways hypothetical lines 4S1city boundaries A/area planning districts Produced by WRCOG map not to scale June 1, 1994 HE ET VALLEY AMBULANCE SERVICE, INC. Mayor Henry City of San 312 E. Main San Jacinto, 448 SOUTH PALM AVENUE HEMET, CALIFORNIA 92543 (714) 658-7717•FAX 17141 652-8371 Hafliger Jacinto Street CA 92583 22 September 1994 Dear Mayor Hafliger: On Tuesday, October 4th, Western Riverside Council of Governments (WRCOG) will make a presentation to your City Council regarding the proposed County Comprehensive Emergency Medical Services Plan (EMS Plan). I would like to briefly speak to this issue. A Comprehensive EMS Plan is a document required by the State of California for each county. The concepts which will be presented to you on October 4th represent over 6 years planning and review. I feel it is absolutely essential that our County have a uniform EMS system that will guarantee residents of both the incorporated and unincorporated areas quality and timely emergency medical care. For over 25 years our locally owned and operated paramedic ambulance service has provided exemplary pre -hospital care and transportation to the residents of San Jacinto, and been immediately available to your staff for any special need or request. It is our desire to continue this harmonious relationship while fulfilling the needs of the City of San Jacinto and delivering high caliber emergency service. The goal of Hemet Valley Ambulance Service has not changed in the many years we have served your City. We have strived to recognize and fill any need in emergency medical care, and I pledge we will not deviate from that goal. I am very proud of the reputation our Company has established in the EMS field both locally and throughout the State. I strongly encourage you to inquire about this fact, and our leadership role in the industry, when WRCOG makes the presentation to you. Thank you for the opportunity to write to you today, and to create an agreement that will benefit your constituents by continuing accountable and professional paramedic care. Sincerely, Gary L. Fritzinger President GLF/s SERVING THE RESIDENTS AND VISITORS OF THE SAN JACINTO VALLEY AND THE SURROUNDING COMMUNITIES RL.10.1J PROGRAM eme WI ,J.LinkU ACCOUNTS -PAYABLE -UPDATE LIST I F-ZEPOF4-T-NUMBER- - 7 CREDIT UNION DEDUCTIONS GROUP NUMBER I 00074 PREPAIDG 9-30-94 ACC OUNT I NO PER - GROUP USER ANNE TRANS: TRANS DATE VOUCHER OK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION-2. 100 9/20/1994 001121 00 065-0000-201.08-69 REFUSE COLLECTIONS JTM_Y 1994 200 9/20/1994 001122 00 097-9700-470.60-30 PLUMDING SUPPLIES BUE- DATE- OHE0N41,- CHECK DATE--4-Y-PE--LAST 'TRANS 0000770 O.K. ASSOC. INC. REO. 0038456 9/15/1994 AMOUNT 154,660.17 0001141 TEMECULA VALLEY rIrE & SU 71042.71039.31 2,564.99 2C3-IO0L DISTRICT-PASO THRU 0038457 9/15/1994 304) 9/20/1994 001123 00 005-0000-202.21-30 0000235 CITY OF SAN .JACINTO REO. PAYROLL 0030450 9/16/1994 14 400 9/20/1994 001124 00 005-0000-202.21-11 0000869 RIVERSIDE CO. EMPLOYEES STMT. 0038459 9/16/1994 500 9/20/1994 001125 00 010-1400-414.34-05 0001068 RAY BOUZA ACCOUNTING TECHNICIAN 600 9/20/1991 001126 00 005-0000-202.21-29 DEFERRED COMP CONTRIBUTIONS 700 9/20/1994 001127 00 005-0000-202.21-29 DEFERRED COMP CONTRIBUTIONS (300 9/19/1994 001120 00 005-0000-202.21-39 HEALTH INSURANCE PREMIUM 900 9/19/1994 001129 00 010-1100-411.21-10 REPAIR COUNCIL VOTE BOARD 1000 9/19/1994 001130 00 010-1210-412.30-90 MASTERCARD SFATEMENT 1100 9/19/1994 001189 00 010-1700-417.30-90 TIME EXTENSION ANNEXATION 473 1200 9/22/1994 001227 00 055-4170-450.34-05 'EWER CONNECTION APPLICATIW-ESPLANADE AVE 1300 9/22/1994 001220 00 010-1700-417.36-25 NOTICE OF EXEMPTION 20TH YEAR CMG 1400 9/22/1994 001229 00 029-8661-440.40-01 NEGATIVE DECLARATION RECORDATION -STORM DRAIN COUNT: AMOUNT: GROUP TOTALS 14 260..371.44 0038460 9/16/1994 0000691. LINCOI...N NATIONAL 0030461 9/16/1994 0000607 ICMA RETIREMENT TRUST 0030462 9/16/1994 REO14 STMTN STMT. 14 0000900 BLUE CROSS OF CA . STMT. 0030463 9/19/1994 14 0001580 AA TV & ELECTRONICS 105053 0030464 9/19/1994 0000499 FIRST INTERSTATE BANK STMT. 0038465 9/19/1994 14 0000675 LAFCO RIO 0030466 9/20/1994 14 0000460 EASTERN MUNI.WATER DIST. REO. 0038467 9/22/1994 14 0001046 COUNTY CLERK & RECORDER REO. 0038468 9/22/1994 14 0001046 COUNTY CLERK & RECORDER REG. 0030468 9/22/1994 14 Fie 942 38 3,91.9 £92 '756 • 00 45 1.211.91 6'311.00 75.00 .7 2 100.00 '713.00 70.00 i'kUlzii-j-111 6H6161.' ult.A.A.J0iiith, Hit-4.61,12. 01-4,4111',.. L16,i 91,13yP 14.1110 1 00075 ACCOUNTS PAYABLE 9-30-94 ACCOUNTING 1-ERIOD/YEAR1 03/1995 GROUP USER oNNE TRANSI, TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 • • • DESCRIPTION •2--• DU... -DATE • -----GHEGK--CHWGK-DATE TYPE LAST TRANS 4JtNU040:6 AMOUNT :100 9/20/1994 001131 00 019-1200-412.21-70 0000226 CHEVRON, 11.5.0. 5181. 30.54 GASOLINE -CITY VEHICLES 9/30/1994 0000000 200 9/20/1994 001132 00 019-3100-4.71.21-70 0000226 CHEVRON, U.S.A. 5TMT. 62.97 GASOLINE -CITY VEHICLES 9/30/1994 0000000 300 9/20/1994 001133 00 010-3100-431.34-05 0000236 COM SER CO. M4994016 436.00 RADTO MINH-NANCE cONTRACT 9/30/1994 0000000 400 9/20/1994 001:1.34 00 010-1700-417.34-05 0000238 COM SER CO. MA994004 43,05 .ADIO MAINTENANCE CONTRACT 9/30/1994 0000000 500 9/20/1994 001135 00 010-3300-431.33-30 0000238 COM SER CO. MA994004 43.05 RADIO MAINTENANCE CONTRACT 9/30/1994 0000000 600 9/20/1994 001136 00 010-3200-431.34-05 0000230 COM SER CO. MA994032 106.10 RADIO MAINTENANCE CONTRACT 9/30/1994 0000000 700 9/20/1994 001137 00 050-9000-450.34-05 0000238 COM SER CO. MA994042 42.00 RADIO MAINTENANCE CONTRACT 9/30/1994 0000000 000 9/20/1994 001138 00 065-0000-229.00-67 0001571 HERBERT MERLITZ 1E0, 15,75 REIMBURSE WATER/TRASH DEPOSIT 9/30/1994 0000000 900 9/20/1994 00:1.1.39 00 065-0000-229.00-67 0001572 ANTHONY OLIVARRIA 11E0, 9.60 REIMBURSE WATER/TRASH DEPOSIT 9/30/1994 0000000 N .... 1000 9/20/1994 001140 00 065-0000-229.08-67 0001573 PATRICIA MC GOWEN PEG, 12.10 REIMBURSE WATER/TRASH DEPOSIT 9/30/1994 0000000 N 1100 9/20/1994 001141 00 065-0000-229.00-67 0001.574 MARIA PEREZ 1E0. 25.00 I11BURSE WAIER/TRASH DEPOSIT 9/30/1994 0000000 N :1.200 9/20/1994 001142 00 065-0000-229.00-67 0001575 JOSE MACHUCA RI O. 3/.93 PI rmliml3r WAILk/TRASH DI POSIT 9/30/1994 0000000 N -- - L300 9/20/1994 001143 00 065-0000-229.00-67 0001576 MERRIAM HAMTI ION 700. 16.30 REIMDUR01 wink/TRASH DEPOSIT 9/30/1994 0000000 N 1400 9/20/1994 001144 00 065-0000-201.07-95 0001577 HARRY SECHOFFER PEG, 95.60 OVERPAYMENT WATER/TRASH ACCOUNT 9/30/1994 0000000 N 1600 9/20/1994 001146 00 010-3100-431.35-16 0000526 GENERAL TELEPHONE CO. STMT. 67.49 "HONE SERVICES 9/30/1994 0000000 N r ii., 1..Lt4ai@+ea I..H i Hb4<It.:--WI- GROUP NUMBER 2 0007E ACCOUNTS PAYABLE 9•-30--94 ACCOUNTING PERIOD/YEARS 03/1995 (3ROUE' USER ANNE' TRANS d TRANS DATE VOUCHER DK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER AMOUNT DUE DATE CHF-t;K4 Ci ICm- PATE TYPE +..Afi I TRANS -- DESCRIPTION ]. D£.SCRIPTION-_y_ 1700 9/20/:1994 0011.47 00 050--9000--450.35--16 1''FIONI:' SERVICES S 1.800 9/20/1994 0011.48 00 010-- 100-4:3:L.30-90 MEDICAL. TREATMENT -VICTIM POLICE DEPORTMENT 1900 9/20/1.994 001.149 00 050'-•9000-450.33--10 A REPAIRS -CITY YARD 2000 9/20/1994 001150 00 01.0-4150-410.33..10 A/C REP AIRS -CITY YARD 2100 9/20/1994 001151. 00 010-31.00- 431.35-••17-1 CAL -•ID CEI...I...ULAR FAX POI...ICE DEPARTMENT 2200 9/20/1994 001152 00 010-2500--425.35.16 TELEPHONE LEASE PURCHASE: 2300 9/20/1994 001153 00 010-3200•-•431.34-05 PAGER RENTALS -FIRE DEPT. 2400 `i's 12/1.994 001:1.54 00 010-3100--431.21.-:1.() REIMBURSE F'E I T'Y (:ASH FUND POLICE DEPARTMENT 2500 9/03/1994 001155 00 010•-'3100.431 .34--05 ANIMALS IMI"OUNI.IEJI AUGUST 1994 7600 9/03/1.994 00:11.56 00 043•-13501. 450.30--90 -IAII...:CNci LABELS-A.D. 94-• i 2700 9/12/1994 001.:I.57 00 010--7400-425.21-10 REIMBURSEMENT -PURCHASE OF OFFICE. SUPPLIES :1:300 9/20/1994 00115(3 00 010--7400-• 425.:1:L--10 MEl:llCAI... EXPENSE REIMBURSEMENT 2900 9/20/1994 0011.59 00 010-7400--425.1.1--1.0 MEDIC:AI... EXPENSE: REIMBURSEMENT 300O 9/20/:1994 001160 00 097-9700--470.60-30 CUSTOM S7:1:NS-S.J. SCHOOL.. DISTRICT PASS THROUGH 3100 9/20/1994 001161 00 039-4155--41.0.40-01. CUSTOM SIGNS--7'3'H & S.J. STORM DRAIN PROJECT 9/30/1994 0000000 0000674 LA CELI...UI...AR TE.I...EF'I'HONE 9/30/1994 0000000 9/30/1994 0000000 0000526 GENERAL.. TELEPHONE CO. 9/30/1994 0000000 0001.584 HEMET 9/30/1994 0000000 STMT. N EMERGENCY MEL'*GR(UJI'' STMT. N 0000563 HEMET HEATING & COOLING 5544 N 0000563 HEMET HEAT':I:NG & COOI...ING 5544 N STMT. N 39.92 I.'7 ' . ()0 09.99 90.00 36.46 0000766 N'T'FC CAPITAL. CORPORATION 240474231.094 145.34 9/30/1.994 0000000 0000795 F'AGENET 9/30/1994 0000000 00001313 P.D. FETTY CASH 9/30/1994 0000000 0000845 RAMONA ANIMAL.. HAVEN 9/30/1994 0000000 N A340:1.•79 N N STMT. N 0001.1.65 RIVERSIDE CO. ASSESSORS RID. 9/30/1994 0000000 0000486 OFELI.A SEGAI...A 9/30/1994 0000000 0000486 OF EI. IA SEGALA 9/30/1994 0000000 0000486 OFEL.IA SEGAI...A 9/30/1.994 0000000 0001.:1.19 SIGN ART 9/30/1994 0000000 000111.9 SIGN ART 9/30/1994 0000000 N N FREO. N 2404 N 24:L:I. N 13O.50 r:1..34 744.00 31.C:39 56.00 .00 90 .:26 :I.99.:i4 l..Y't 1 C. 1 tY t 1—ttbk.:1::. - 031— N GROUT" 1llfi4B(''- ACCOUNTING." GROUP USER I 00075 (ACCOUNTS PAYABLE 9 -30-94 :0i 7'YEAR.-_ 03/197 _._ 'NNE TRANS1, 1RANS DATE VOUCHER £K ACCOUNT NLJMBER F'ROJ p.a. VENDOR VENDOR NAME: DESCRIPTION 1. DF9CR!PTTON---2- __. 3200 9/20/1.994 0011.62 00 025-71.00-410.33--30 SUPPLIES —PARKS 3300 9/20/1994 001163 00 025-7260-410.35 14 UT:1L:I:'T 1ES--L..LMD 3400 9/2O/1994 001.164 00 010-•32:10-431.30-90 i F:W--PROPER'I Y OWNERSHIP PROGRAM 35O0 9/20/1994 00116'J 00 O10-3210--•431.30--90 ABA'fl:_IiEIT'T' TOWING 3600 9/20/1994 001166 00 025-7256-410.34-05 REPAIRS 'CO PEACOCK WELL GROUP TOTALS COUNT: 35 AMOUN F • 3.919 .32 9/30/1994 0000000 INVOICE NUMBER -DUE- HATE_ - -----CHEGl 4--GHEGK OATS —TYPE-.._ LAST TRANS- 0000440 SMART & FINAL 9/30/1994 0000000 2697373 N 0000447 SO. CALIFORNIA F.1a.T.SON CO. STMT. 9/30/1994 0000000 N 0001294 TRW REDI PROF°1:-RTY DATA :1.545834 N 0000357 VALLEY AUTO SALVAGE, INC:. STMT. 9/30/1.994 0000000 0000360 VALLEY ELECTRIC 9/30/1994 0000000 37:LS N AMOUNT 40.4E 174.52 12O.00 75.00 .1.20.00 EROORom 66.3130 ALLoONI E yAk4LInr-OPAAANt. L1141 - kki.POR1 NUMLILR GROUP NUMBER : 00076 ACCOUNTS PAYABLE 9-30-94 ACCOUNTINO PERIOD/YEAR: 03/1995-- . GROUP USER ANNE. TRANS::, TRANS DATE VOUCHER BK ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION-2 - DUE- DATE-- --SHEGK-1--- --GHEGK-DATE TYPE LAST TRANS - AMOUNT :100 9/20/1994 001167 00 005-0000-202.21-27 0000995 AFLAC STMT, 1,114.71 AFLAC INSURANCE PREMIUM 9/30/1994 0000000 200 9/20/1994 001160 00 010-3200-431.21-35 0000928 BIO SAFETY SYSTEMS 13490 137.59 SAFETY aurPLIEs FIRE DEPARTMENT 9/30/1994 0000000 300 9/20/1994 001169 00 010-3200-431.21-35 0000920 BIO SAFETY SYSTEMS 10983 213.43 HAFETY HLOVES rIRE DEPARTMENT 9/30/1994 0000000 N 400 9/20/1994 001170 00 010-2500-425.21-10 0001501 EASTMAN OFFICE PRODUCTS 12900435 306.90 OFFICE SUPPLIES 9/30/1994 0000000 501) 9/20/1994 0011 71 00 010-2500-425.21-10 0001.582 HITT MARKING DEVICES, INC 46023 31.19 SELF INKING NOTARY STAMP 9/30/1994 0000000 600 9/16/1994 001172 00 085-0000-202.21-B5 0000907 MASS. GENERAL. LIFE INS. C STMT. 291.00 LIFE INSURANCE PREMIUM 9/30/1994 0000000 14 • 700 9/20/1994 001173 00 010-3210-431.21-10 0000755 NATIONAL. FIRE PROT.ASSOC. 79294 223.24 FIRE PREVENTION SUPPLIES 9/30/1994 0000000 14 000 9/20/1994 001174 00 010-7400-425.34-05 0000780 OVERNIGHT INDUSTRIAL 6952 143.30 OFFICE SUPPLIES COMMUNITY CENTER 9/30/1994 0000000 N . _.•• __ __ • ••_ __ •••._ 900 9/20/1994 001175 00 0110-3200-431.33-30 0000780 OVERNIGHT INDUSTRIAL 6926 34.74 JANITORIAL SUPPLIES FIRE DEPARTMENT 9/30/1994 0000000 N 1000 9/20/1994 001176 00 085-0000-202.21-43 0000020 PUBLIC EMP. ASSOC. STMT 113.00 !,'• "EEC ASSOCIATION DUES 9/30/1994 0000000 N 1100 9/20/1994 001177 00 010-7400-425.21-10 0000003 RIVERSIDE COUNTY SUPPLY 177237 16.03 orricu SUPPLIES COMMUNITY CENTER 9/30/1994 0000000 N 1200 9/20/1994 001170 00 010-7400-425.21-10 00000- 83 RIVERSIDE C- OUNTY surmy 176975 5.95- OFFICE SUPPLIES COMMUNITY CENTER 9/30/1994 0000000 N •• _ • __ ._ _ 1300 9/20/1994 001179 00 010-3200-431.21-10 00001383 RIVERSIDE COUNTY SUPPLY 177175 58.51 OFFICE SUPPLIES FIRE DEPARTMENT 9/30/1994 0000000 N 1400 9/20/1994 001100 00 010-7:5200-431.33-30 0000063 RIVERSIDE COUNTY surmy 177175 31.49 JANITORIAL SUPPLIES FIRE DEPARTMENT 9/30/1994 0000000 N 1500 9/20/1994 001101 00 010-3200-431.21-10 0000803 RIVERSIDE COUNTY SUPPLY 177293 70.75 orvicE SUPPLIES FIRE DEPARTMENT 9/30/1994 0000000 N GROUP NUW.. 00076 ACCOUNTS PAYABLE 9 -30-94 AC()(:)UNTINI _HIOI+/YE1 N1--03/i:99 S oI::UP USER ANNE TRANS4 TRANS DATE VOUCHER E4R ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION :I.• DESCRIPTION- 2 _.._ 1.600 9/20/1994 001.162 00 010-3200-431..21--35 SAFETY GO(h(3LLS FIRE DEPARTMENT i700 9/20/:1.994 00:1.183 00 005--0000•-202. 2.:L•-4? P(:11...J:(::I:i: OFFICER ASSOC Iitii:', 1000 9/20/1994 001184 00 085•-0000-202.21.--45 F'1REF'IG8'EE:R,S ASSOC DUI:::`. 1900 9/20/1994 001:1135 00 010--3200-431.21--35 ri:RSONAL T):I:5 PRESS ALARM FIRE DEPARTMENT -DUE, DATE------ .-._CFTF:EK'. CHEC-K- DATE ...-TYPE I...AST TRANS- 0001.523 SAFETY SUPPLY AMERICA AMOUNT 00943 23.0E 9/30/1994 0000000 N 0000912 S.J. POI.-:tCE:: ASSOCIATION RE::O. 9/30/1.994 0000000 N 0000495 S.J. FIREFIfflIT'Ei:RS ASSOC. REO. 9/30/1994 0000000 N 0000433 SPECIAL_ T F':F.RE EOUIF'TMENT 20399 9/30/1994 0000000 2000 9/20/1994 001186 00 00 -0000-202.2:I.-46 0000419 STANDARD INS. COMPANY LIFE INSURANCE PREMIUM 9/30/1994 0000000 2100 9/20/1994 001187 00 005-0000-202.21. 00 0000317 UNITED WAY OF HEMET UNITED WAY CONTRIBUTIONS 2200 9/20/1994 00111313 00 021•-•4150-410.33--3(} REPLACEMENT EI3UIF'MEN'I' STREET DEPARTMENT COON 1' : AMOUNT' T GROUP TOTALS 8,463.1.2 9/30/1994 0000000 0001583 YAMADA COMPANY INC. 9/30/1994 0000000 STMT. N RF (.1. N 20108 N 60.00 ?4:1..36 2,7:L9.65 1 62..06 1,250.92 '`""'^"' -°*^Ww,. wu,W*~ _ omoUF' wumcF'n : owo/o 6ccouwro PAYABLE 9-30-94 ocuouwrzwo p1-.nzoo/YEAn1 oa/J.pps - snoup uosn o^ws rnAws4� rxnwa oAns voucm�x s* Ac:oowr wonosn pnoJ p.o. vswoon vswoon wAms zwoozcs wumasn 100 9/211/1.994 001190 oo 010-2500-425.2.t-1.0 00001.69 oumrnowzcs nuozwsaa aro. 1.34647 90.3a rowLo-rox x*uozwc 9/30/199* 0000000 w xoo 9/2:L/199-4 ooJAp]. oo o10-7,/oo-411.33­1z 0000230 cow aFn co. 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"�Po�.00 wsozom- poL-zcs osp,'4:r*swr 9/30/1.994 0000000 w ---- ---- - - -- -- --- ---- - ----'-- - - - - ---- L300 9/21/1.99* 001202 oo 01.0-32J.0-*31,30-90 0000a*o xAaL^y TnAE!ron asAvzos sr*r. e!,-;p.zn wsso AaO)rs*cw` 9/30/1994 0000000 w /Awo 1,1/z1/1994 001203 oo 0001579 LAwa,a sp942r0 *0.49 of"nI sy-cowpursn Lzwx rn as:Rvsn-poLzcs ospAnr*swr 9/30/1.994 0000000 w 1500 1?/21/1994 00:1.204 oo 0:L0-2500-*25,35-16 00010o0 wcz TsscommuwzcArzows 302*701 2.49 L.owo ozarAwcs asnvzcso 9/30/1994 0000000 w � 1-0,,J( P4r11, 1 i i f .0 1 hl 1 HJ OLt... L. .1.6.1 J, .l-Y.Ai 1 NUh.A.N:;.K _OI`l(3 DISTANCE 1E:E;V:CCES 1E100 9/21./1.994 001207 00 010-3100-431.35-•-16 l..f:1ilf3 DISTANCE SERVICES 9/30/1994 0000000 GROUP NUI1I S 00079 ACCOUNTS PAYABLE 9--30-94 ACCOUNTING .RIOD/YEARS 03/1995 TRANS. 'TRANS LIA'rE VOUCHER BK ACCOUNT NUMBER PRC.1_1 P.O. 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OFFICER 9/30/1994 0000000 34762 STMT. 56953 1.627 J.) 14 16112 56546 571.34 N 56952 11 STMTN AMOUNT 1.919.40 659.70 3,555.75 57.00 0.40 0.49 303.59 50.00 12.00 30.00 30.00 34.00 1.2. • 00 22.00 200.00 ,..m,mm w1-11°o mvoup wunosy 1 00079 *ccouwTo pA,Api-s wcoouwrzwe psnzoo��s�m� os/�pps onoUx` oacn owue /nAwaI nRAwa o^rs voucus:R Dx Accouwr wumosn pmo-J p,o, osmnom vsmoon mmis zwvozos wumosn .1 DE`-3cllRj:pTT(3N 2- EWE DATE GHECK4- CHECK DATE TYPE I..AF)T TRANS --- - -- -- ------- 1+no 9/26/1.994 0012*o oo nz/r vsnzc/-s w^a*sa 000021.6 con uoo* ospor p/so/1ppA 000w000 I,00 9/26/1994 00:1.246 oo 0:1.9-z200-4.1.2.33-1,7;0 00002:1.6 cmN wAs* c�por 6006 1-11) osnzcI s w^snsy 9/30/1.994 0000000 w _ '~ 1.00^ 9/26/1.1?9+ oozu*/ oo o10-zzon-4'11.11-10 00001.60 o,v,,J.p.z.*. srnr. x' /41-JAxrE.p1 , uomosna^ oowp pnsMzua--- zo/t/p4-1/1/p5 9/30/1994 0000000 w | 1,900 9/26/199* 001.240 oo 010-1110-4 11.11-1.0 0000180 c.o,�.p.z.A. arwr. mJ^nrI:�.ruv wooxsna~ cowp pnsmzun-1o/1/p4-1/z/r9/30/19194 nw00000 w 0000 9/26/1.9e+ 001,249 wo o1.o-zzoo-4:1o.11-1-o 0000.1ao c,v.J,p.z.A. mUmRrsm'v wonxEna^ :ump pnsmzu04oM/94-1/i/95 9/30/1994 woOowow 2100 9/26/199" 001rs0 oo :1,0 00001.80 uuonrsp-, wonxsna^ uowp 9/30/j.994 0000000 2200 9/26/1994 oozuo� oo o1.o-x400-414,1.z-:1.o 00001.90 o,o.-J.p.z.A. 2300 9/26/1994 0012o2 oo 0000zao c,v.J.p.z.A. ouAxrs:1 Y wonxsna, cowp pnsxzua-1.o/1/p4 9/30/1994 0000000 u*oo 9/26/1.994 001.2t`.53 oo o10-17oO-4x7.11-10 0000100 c.o.lj.p,z.o4 ou*nrsn/x um«/sea^ cowp pnswzua-1.o/l/p4-1/�/p,S) 9/30/199A 0000000 ���ov v/ua/zvp* on��o u� oo o�o-�z�o-���,u-�o oouo�u c.o.J.p.z.o. ^'AJO rsm'� uomw�xa^ conp 9/30/1994 0000000 uaoo v/-.!6/1994 0012515 oo 010-3,200-431./1-1.0 00001.80 c,v,J.p.z.A. ouAmTsx/, uonxsna^ uuwp pnswzuw-10/1/94-1/1/95 9/30/1994 0000uoo zro" 9/26/J,9e,1 001:�6 oo 0000100 c.o.,J,p.z.o. nuomrIH.n�v wonxsno^ comp pnswzun9/30/1.99* 0000000 u000 9/26/1.99-1 0012,u, oo oJ.0-*100-410,11-1.0 0000190 c,o,J.p.z.A. 'nU^n/snl , wonxL-ma^ xowp pmsIzup-zo/1/p4-4/l/v5 9/30/1994 0000000 - --- - ---- --------- upno p/26/1.9e* 0012c4.1 oo ol.0-*115'0-410,11-:1.0 00001.130 ou�prsn�, uom�sna^ co:p 'nsxzu�-�o/�/p�-�/�/p� p/so/�pp� ou00000 300^ 9/26/199+ 001r59 oo 010-74n0-425.11-:1.0 0000180 c.v,J,p.z.A. armr. w srmr. 657.60 w arwr. 1^726.20 w STMT. 19^737.40 w arwr. w a^000.vo � ������ 3co.�o , ri Litaiifli'i .4.IUN I b r H I H!!L.:♦=—ld 'i -1 I keF._... (3<,.(3UL' NIJMI:4 ra(CuuNT:ENG iw GRO(JP Li<;E.r kIOD/YEARt ANNE 00079 ACCOUNTS PAYAPLE 03/i.995 TRANI;4 TRANS DATE: VOUCHER BiS ACCOUNT NUMBER F'RO,J P.O. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION 1 DESCRIPTION 2-- 3100 9/26/1994 QUARTERLY WORKERS' 3200 9/26/1994 001260 00 050--9000•— 450. 1.1--10 COME' PREMIUM-1.0./ 1/94•--1,/:i/95 001261. 00 096•-9700--470.11--10 QUARTERLY WORKERS' COMP 3300 9/26/1994 001262 QUARTERLY Y WORKERS' COMP 3400 9/26/1994 001263 ;.JART'I:::RL..Y WORKERS' COMP 3500 9/26/1994 001264 IRRIGATION SUPPLIES 3600 9/26/1994 001265 THIRD STREET ENGINEERING 3700 9/26/1994 001.266 UTILITIES 3000 9/26/:1994 UTILITIES I'E{I-:MIU('1....10/1/94--1/:I./95 00 025-71.00-410.11•-10 PREMIUM--10/1./94--1/1./95 00 019••-4 550--410 . 1:1. --:L 0 E REMIUM-1.0/1./94--:1./:I./95 00 097-9700-470.60-30 SCHOOL LI I8T . --PASS THROUGH 00 0 99— 9700 .470.30--90 REDEVELOPMENT 00 025,-7261-41.0.35-10 001267 00 025— 7 26Z....•41.0.35— 1.0 3900 9/26/1994 001260 00 025•-71.00-410.35-10 UT:1:1 :I:T'J:E::' 4000 /26/1994 00:1269 00 0 s5--72 7....41.0.35 -:1.0 ±100 9/2.6/1994 001270 00 0233— 7256—•410.35-1.0 4200 9/26/1994 LIT'1:1..:I:T':IE"; 4300 9/26/1.994 u'r i:1...:L T 7: E1.:; 4400 9/26/1994 '6/:1994 I_I'r :[1...:1:1 :I: Ei:2S 4500 9/26✓1994 001271 00 025 --725:L •- 41.0.3`; :L 0 0012.72 00 025-7261-410,35--1.0 00:1.:2"7:3 00 02 •— r?53--410.35•-1.0 001.:274 00 02 5--7'25',-41.0.:3`,-1.C) DUE -DATE— —CHEEK*---- EHECK DATE TYPE LAST TRANS 0000100 C.V.J.F'.I.A. 9/30/1994 0000000 0000100 C:.V.J.P.I.A. 9/30/1994 0000000 0000180 C.V.J.F'.I.A. t:i'r M'T' . N STMT. N STMT. 9/30/1994 0000000 N 00001.00 C.V.J.F .I.A. STMT. 9/30/1994 0000000 LJ 0001586 COAST IRRIGATION SUPPLY. 1.3:3967 9/30/1994 0000000 N 6995 0000252 COZALI AND 'TI—IOMSEN. INC. 9027 9/30/1994 0000000 N 0000460 EASTERN M(JN.I. WAT'E:R MIST. STMT. 9/30/1994 0000000 N 0000460 EASTERN MUN 1.. WA'T'ER DIRT. STMT. 9/30/1994 0000000 N 0000460 EASTERN M(.JNI.WATER DI.ST. STMT. 9/30/1994 0000000 N 0000460 EASTERN MIJN I . WAVER DI S'r . STMT. 9/30/1994 0000000 N 0000460 EASTERN MUN1.WATER DT.(3T. STMT. -9/30/1994 0000000 N 0000460 EASTERN MUNI.WATEi:R 1:1:1:ST. STMT. 9/30/1.994 0000000 N 0000460 EASTERN MUNT.WATER MIST. STMT. 9/30/1994 0000000 N 0000460 EASTERN MUNI . WATER DIST . STMT. 9/30/1994 0000000 N 0000460 EASTERN MUN:I:.WATER DIS'r. STMT. 9/30/1994 0000000 N I N(.JM1 4E1:1t AMOUNT 3.205.00 067.70 543.40 ?.324.50 546.60 1,340.70 :10.84 212,01 43.43 :1.. 620.30 106.99 1,0:1.0.09 114.56 3:7.4:1. 1 .3F:i0.69 GROUP NUMBER 1 00079 ACCOUNTS PAYABLE ACCOUNTING PERIOD/YEAR:- 0:3/1:997__.__ rill:)lJ1: USER ANNE: TRANS&' TRANS DATE VOUCHER LEI\ ACCOUNT NUMBER F'ROJ P.O. VENIrOR VENDOR NAME INVO:TCE NUMBER DESCRIPTION :C DESCRIPTION-2 -DUE DATE---GHEGK*----F;I4F-.GK DATE -TYPE LAST TRANS- - .- .. 4600 9/26/1994 001275 00 025-7261--410.35-10 UTILITIES 4700 9/26/1994 001276 00 065-0000--310.06--45 r':I:NAL... MAP CHECK 0000460 EASTERN MI.1NT:.WATER LIST, STMT. 9/30/1994 0000000 0 0000470 I]AVI.D EVANS . ASSOCIATES 05--46 ?4/05--4623 LAND MORTGAGE FUND, INC. 9/30/1994 0000000 N 4800 9/26/1994 001.277 00 010--0000--308.06-.60 0001.507 FRA SERVICES INCOP0RA'T'ED 2027:1. JEE:17 ABATEMENT CHARGES ON RIVERSIDE CO. TAX ROLL.. 9/30/1994 0000000 N 4900 9/1.2/1994 001.278 00 06 5--•0000-201.00-64 MAILING OF PACKAGES 0000404 FEDERAL.. EXPRESS 5--314 - 99795 RE:[MDURE(_[i:D FIY MAYOR 9/30/1994 0000000 5000 9/12/1994 001.279 00 096-9700-470.21-10 0000404 FEDERAL EXPRESS MAILING OF PACKAGES REDEVELOPMENT 9/30/1994 0000000 5:100 9/26/:1.994 001.200 00 010-3100. 431.35 1.6 0000526 GENERAL- TELI_PHONI2. CO. PHONE SERVICES 9/30/1994 0000000 N 5-- 3 :1.4 -- 9 97 95 N STMT. 1�! AMOUNT 40 1,011.30 630,02 ".9.00 .1.5,50 124.54 5200 9/26/1994 001281 00 0 50 - 9000- 450.35 - 1.6 0000 526 GENERAI.. TELEPHONE CO. STMT. 39.92 ['HONIE:: SERVICES 9/30/1994 0000000 0 5300 9/26/1994 00:1.202 00 010- 3200-..431.10....0:1. 0000553 CITY OF HE:MF'r STMT. 4.056.36 CONTRACT SE:RVICESS--F:1NAL.. F:I:RE:. CHIEF/GENE PRICE 9/30/1994 0000000 5400 9/26/1994 001203 00 019-3200--431.33-50 0000555 HEMET AUTO ELECTRIC :1.5253 46.50 CHECK ELECTR:I:CAL.. SYSTEM 581JAD 64:i -FIRE DEPARTMENT 9/30/1994 0000000 N 5500 9/26/1994 001204 00 021-4150•-410.30-90 0000566 HEMET NEWS 1...I:::C;A1._ ADVERTISEMENT DISADVANTAGE BUS. NOTICE: 9/30/1994 0000000 5600 9/26/1994 001205 00 010-3100-431..21--10 LAMINATION -POLICE LDEPT. 5700 9/26/1994 001206 00 01.0-•2 500-42.5.2:L--:1.0 DRINKING WATER-P.D. 5000 Y/26/1994 001207 00 019-33100-431.33-50 r'II.'A:I:R 92 CI-II:::V, CAPRICE POLICE DEPARTMENT 5900 9/26/1994 001.208 00 065-0000•-201.00 64 RI ::il I>1,n: ;lE: WATER/TRASH OVERPAYMENT 6000 9/26/1994 001209 00 010-11. 11 -411 . 30-90 LABOR ATTORNEY SERVICES STMT N :120.30 0000299 HEMET RUDDER STAMF4644 1.3.56 9/30/1994 0000000 N 0001.590 HORIZON 84'r:R EEC). 32.00 9/30/1994 0000000 0 0000611 INLAND CHEVROI...ET (20CS39602 1.06.25 9/30/1994 0000000 N 000:I.505 MARE/RENEE JONES R1:0. '7.91 9/30/1994 0000000 N 0000609 LIEPE:RT,CASS:T.DY/F"RIERSON STMT. 4,647.50 9/30/1994 0000000 N FROG 31311 T'E::1'HNICAI_. SUPPORT -WATER WEED ABATEMENT 7000 9/26/1994 0012.99 00 096--9700--470.40-01 DESIGN OF ESPLANADE (11 OIJI ' : N1.1M1". 2 00079 ACCOUNTS PAYABLE (i(: COUNT I N(3 r r..R:I.OD/YEAR 2 03/1995 GROUP USER ANNE A( o(.INTB PAYABLE UPDATE -LIST - REPORT NUM8Elt TRANS TRANS DATE VOUCHER 1:4K ACCOUNT NUMBER F'ROJ P.O. VENDOR VENDOR NAME DESCRIPTION 1. DESCRIPTION 2 6100 9/26/1994 001290 00 0'10--11.1.:1-41.1.30--90 LABOR ATTORNEY SERVICES ROY (GARCIA 6200 9/26/1994 001291 00 010-••3100- 43:L .21--35 SERGEANT'S UN:I:F 0RMS POLICE (DEPARTMENT 6300 9/26/1994 001292 00 010-3100--431.21.35 SERGEANT'S UNIFORMS POLICE DEPARTMENT 6400 9/26/1994 001293 00 010--.3100-431.30-- 1:1._M PROCESSING POLICE_ DEPARTMENT 6500 9/26/1994 001294 00 010-31.00-431.21•-60 POSTAGE POLICE DEPARTMENT 6600 9/26/1994 001295 00 025- 7260--4:1.0.2:1. 30 F RI::::L OHT--I...1...Mli PURCHASES INVOICE NUMBER DUE DATE CHECK—CHEGIC- DATE: TYPE: (...AST TRANS 0000689 LIERERT,CAS SIDY/FRIE.RSON STMT. 9/30/1994 0000000 N AMOUNT 205.00 0000618 I_ON(3 BEACH UNIFORM CO. 147772,147770 1 , .1.6:1. L. 9/30/1994 0000000 N 0000610 LONG REACH UNIFORM CO. :14041.7 590.09 9/30/1994 0000000 N 0000696 LONGS DRUG STORE 073--9)694 25. 48 9/30/1994 0000000 N 0000707 MAIL PLUS MORE :1.081.0 5.60 9/30/1994 0000000 N 000:1.028 919910N E..LECTRII'. SUPF'L.Y 1.649414 2.58 9/30/1994 0000000 N 6700 9/26/1994 001.296 00 010--3100--431.34-05 7024 0001054 MOTOROL.A CREDIT CoRPORATI 20047403 RADIO COMMUNICATION 1-UPT. LEASE -POLICE DEPARTMENT 9/30/1.994 0000000 N 6000 9/26/1994 00129 P 00 010--31.00--431 .34--05 1,453.42 7024 0001054 MOTOROI..A CREDIT CORPORATI 20047404 762.5E3 RADIO COMMUNICATION ECN'r. LEASE -POLICE DEPARTMENT 9/30/1994 0000000 it 6900 9/26/1994 001290 00 010---32:1.0•--431.30--90 0000648 KARL'S TRACTOR SERVICE STMT. 930.50 9/30/1994 0000000 N 6946 0000761 NDS/L.OWRY STMT. 6 , 0:) "r . 64 9/30/1994 0000000 N 7100 9/26/1994 001.300 00 010-7400--425.21.--10 0000780 OVERNIGHT 181(.I91 R1AI... 7009 111.39" 1N:C FORTAL SUPPLIES COMMUNITY CENTER 9/30/1994 0000000 N 7200 9/26/(994 001301 00 0:L0-1.1.:1.1.--41'1..30--90 0001580 P01AN ? TUCKER 1.90503 600.00 REVIEW (:)F: CR & R CONTRACT 9/30/:1.994 0000000 N 7300 9/26/1994 001302 00 010-3100--431.33-11. 0000944 RHF, INC. 14742,14743 106.00 RADAR UNITS REPAIR POLICE I'!EPARTMENT 9/30/1994 0000000 N 7400 9/26/1994 001303 00 050--9000-430.34_.05 0001.069 CINDA SARIN 15 160.00 9/30/1994 0000000 N 7500 9/26/1994 001304 00 010-3100-•-431.34--05 0000922 SCOTSMAN MANLIFACTLIRING CO CF'X015740994 RENTAL (:IF MOBILE OFFICES POLICE DEPARTMENT 9/30/1994 0000000 N 922.08 1-1-a.16kPlh UH.:53.60 i-11.I.A.R.11 I b I.f-11-.41..1, I h.!. kkt,I kimPIJkl NUMAlik GROUP NUMBER 1 00079 ACCOUNTS PAYABLE ACCOUNTING PERIOD/YEAR1 03/1995GROUP USER ANNE __..- TRANS,:, TRANS DATE VOUCHER DK ACCOUNT NUMBER PRoJ P.D. VENDOR VENDOR NAME INVOICE NUMBER DESCRIPTION J -• - DESCRIPTION 2 7600 9/26/1994 001305 00 010-2500-425.21-10 SUPPLIES 7700 9/26/1994 001306 00 010-3100-431.30-17 OKAY TO BOOK SUBJECT POLICE DEPARTMENT 7000 9/26/1994 00130? 00 025-7260-410.34-05 GRAFFITI REMOVAL 7900 9/26/1994 001300 00 010-2500-425.35-16 LONG DISTANCE SERVICES 0000 9/26/1994 001309 00 010-4150-410.35-16 LONG DISTANCE SERVICES 0100 9/26/1994 00:1310 00 1,0NO DISTANCE SERVICES 010-3100-431.35-16 0200 9/26/1994 001311 00 065-0000-201.00-64 REFUND WATER CONSTRUCTION METER DEPOSIT 0300 9/26/1994 001312 00 099-9700-470.30-90 TECHNICAL ASSISTANCE REDEVELOPMENT 0400 9/26/1994 001313 00 099-9700-470.30-90 REPRODUCTION OF BLUE PRINTS -BROWN STREET 11500 9/26/1994 001314 00 010-3210-431.30-90 WEED ABATEMENT 0600 9/26/1994 001315 00 010-1200-412.35-16 M LAM AR PHONE SERVICES 0700 9/26/1994 001316 00 010-3100-431.35-16 CELLULAR PHONE SERVICES 0000 9/26/1994 001317 00 010-3200-431.35-16 CELLULAR PHONE SERVICES 0900 9/26/1994 001310 00 010-4100-410.35-16 CLI.I.J.11...AR PHONE SERV LES 9000 9/26/1994 001319 00 010-2500-425.35-16 CELLULAR PHONE SERVICES DUE DATE -- ----OHEOK4--CHEOK DATE TYPE LAST TRANS AMOUNT •,•••••_ • • ._•• 00011.66 STATER BROS :1.21.0922 94.413 9/30/1994 0000000 19 0000362 VALLEY HEALTH SYSTEM 20949675 303.90 9/30/1994 0000000 19 0000354 VALLEY TEEN FOUNDATION 232 169.75 9/30/1994 0000000 19 0001464 CALL AMERIGA STMT. 422.70 9/30/1994 0000000 19 0001464 CALL AMERICA STMT. 37.09 9/30/1994 0000000 19 0001464 CALL AMERICA STMT. 10.49 9/30/1994 0000000 19 0001591 FARWEST CORROSION CONTROL RES). 215.23 9/30/1994 0000000 19 6996 0000542 GRISHAM & ASSOC. 090194 5.795.00 9/30/1994 0000000 19 0001.592 JAMES E. HORECKA AIA 940916.2 140.00 9/30/1994 0000000 19 0000640 KARL'S TRACTOR SERVICE STMT. 520.03 9/30/1994 0000000 19 0000674 LA CELLULAR TELEPHONE STMT. 73.85 9/30/1994 0000000 19 0000674 LA CELLULAR TELEPHONE STMT. 754.20 9/30/1994 0000000 19 0000674 LA CELLULAR TELEPHONE STMT. 31.23 9/30/1994 0000000 19 0000674 LA CELLULAR TELEPHONE STMT . 40.50 9/30/1994 0000000 19 0000674 LA CELLULAR TELEPHONE STMT. 44.08 9/30/1994 0000000 f.1-(I. 0HAPl 13N3 J. 3U GROUP, NUMik: 1 00079 ACCOUNTS PAYAEIL..E ACCOt.JNuIN(3 -ER1OT.I/YYEARt-- 03/1:995 GROUP USER ANNE Hl..l.:(.1(.JNi8 .. TRANS. TRANS DATE: VOUCHER !rfi ACCOUNT NUMBER PROJ P.O. VENDOR VENDOR NAME DESCRIPTION ION 1 l:IESCRIPTION ? 9100 9/26/1994 001320 00 010--4150-410.35-16 CI::1..L1lI. AR PHONE SERVICES --RLPuR C NUM1 E . INVOICE NUMBER AMOUNT -- DUE DATE--GI4F_GN --CI4l -GJ4 DATE.. -TYPE LAST TRANS- 0000674 If CELLULAR TELEPHONE:: 9/30/1994 0000000 9200 9/26/1994 001.321 00 050--900O-.-450.35---16 0000674 L. CELLULAR CELLULAR PHONE SERVICES 9300 9/26/1994 00132.2 00 010-3:L00--431..3S--16 LONG DISTANCE SERVICES 9400 9/26/1994 001323 00 06 5--0000-20:L .00--64 EEUNI:I WATER CONSTRUCTION METER DEPOSIT 9/30/1994 0000000 N 9/30/1994 0000000 STMT. 1T ONE STMT. N 0001080 MCI TELECOMMUNICATIONS 7:1.425089 9/30/1994 0000000 N 95OO 9/26/1994 001324 00 099--9700-470.30--9O 0001357 NOTTSON CONSTRUCTION STMT. .2 7 31.08 44•22 :L6:1..66 0000368 JAMES W. UNLAND & ASSOC. :1.4203, 14371. 952.55 DROWN STREET PROJECT ENGINEERING GRADING PL..ANSS 9/30/1994 0000000 N GROUP TOTALS COUNT' . 95 AMOUNT: 94.272.85 DATE CITY OF SAN JACINTO TREASURER REPORT FOR THE MONTH OF AUGUST 1994 NSTITUTION INTEREST MATURITY PRINCIPAL SERIAL # RATE DATE AMOUNT 02-20-85 State-L.A.I. F. General Serial # 9833794 4.989 OPEN $4,169,239 01-19-88 State-L.A. L F Redevelopment Serial # 5133120 4.989 OPEN $2,632,406 CHECKING First Interstate Serial # 3980000/1-98001 OPEN $1,372,255 UNION BANK CFD NO. 2 TOTAL CFD NO. 2 REDEVELOPMENT Account No. 7-15639 Dreyfus Treas Cash Mgt WATER-COP's CASH ON HAND Total City & Redevelopment Investments CASH "WITH FISCAL AGENT (BOND FUNDS) $700 $8, 74,600 Account No. 7-11361 Citibank 7.81 9/01/2014 $1,122,969 Citibank 7.81 9/01/2014 $1,835,108 Dreyfus Treas Cash Mgt OPEN $867,450 OPEN OPEN. $3,825,527 $1,036,271 $834,332 $5,696,130 $13, 870, 730 I certify that these investments comply with all State Laws pertaining to the investment of Local Agency Funds and the City of San Jacinto's investment policies. There are sufficient funds to meet the City's next 30 days obligations. Account No. 7-15584 Dreyfus Treas Cash Mgt Total Cash with Fiscal Agent TOTAL ALL FUNDS Ken Leahy, Treasurer CITY OF SAN JACINTO AA STAFF REPORT TO: Honor able. Mayor and Members of the City Council FROM: Nathaniel Holmes III, Chief of Police via Pamela S. Easter, City Manager DATE: October 4, 1994 SUBJECT: Contract with The Transcription Prescription Inc. RECOMMENDATION Approve entering in a contract with The Transcription Prescription Inc, for transcription services with the police department. FISCAL IMPACT Estimated costs for the fiscal year 1994/95 are approximately $30,000. which have been budgeted. BACKGROUND In 1993 the police department became aware of a service offered by The Transcription Prescription Inc, which would provide transcription services for police reports. The service involved dictation of reports via phone which are then transcribed and transmitted via computer to the police station. Data related to the report is retained on disc and stored in that manner for later retrieval: We asked that a presentation and a field study be conducted wherein officers utilized the system. The results indicated that the service would provide us the equivalent of one and one half persons in time saved over the year. Additionally the ability to store the reports on computer disc has the potential to decrease our records storage space needed. In summary the program will increase the man hours available to the police officers thus increasing the ability of officers to engage in proactive police work. Presently patrol time is limited and the transcription service will free up about 3,000 hours per year, which will move us toward a more reasonable patrol time for more proactive police activity. After the presentation and study were completed the program was placed into the police department budget proposal and included as a budgeted item. With the approval of the 1994/95 budget the attached contract was prepared, reviewed by the City Attorney, and is attached for your approval: TRANSCRIPTION SERVICES AGREEMENT THIS TRANSCRIPTION SERVICES AGREEMENT ("Agreement") is made and executed as of this 1st day of August, 1994, between THE TRANSCRIPTION PRESCRIP tION, INC., a California corporation, hereinafter referred to as "TxRx," and the CITY OF SAN JACINTO by and through its POLICE DEPARTMENT, hereinafter referred to as "San Jacinto Police Department." RECITALS: San Jacinto Police Department requires dictation and transcription services for the Department. TxRx is fully qualified and licensed to perform the transcription services required by this Agreement, and is willing to provide all of the services set forth herein. San Jacinto Police Department desires to retain TxRx to perform such services. NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants herein contained, TxRx and San Jacinto Police Department agree as follows: ARTICLE I TXRX'S SERVICES AND RESPONSIBILITIES 1.01 Basic Services. As set forth in Exhibit "A" TxRx shall furnish and perform transcription services for San Jacinto Police Department (collectively referred to as "Basic Services") upon the terms and conditions set forth in this Agreement. 1.02 Turnaround Time. Except as outlined in Exhibit "B", TxRx shall endeavor to perform all work and return it to San Jacinto Police Department within twenty-four (24) hours of receipt of materials from San Jacinto Police Department, except to the extent TxRx is unable to complete and/or return work to San Jacinto Police Department due to causes beyond TxRx's control, including, without limitation, a system failure by TxRx or San Jacinto Police Department. 1.03 Equipment and Installation: TxRx shall provide San Jacinto Police Department with a personal computer, required cabling, hardware and software for the transfer of transcribed records at San Jacinto's site. The equipment and software provided to San Jacinto Police Department shall at all times remain the sole and exclusive property of TxRx, and San Jacinto Police Department shall have no ownership or licensing rights of any such equipment or software. In addition, unless prior written San Jacinto Police Department Service Agreement permission has been received from TxRx by San Jacinto Police Department, no entity or individual (including, but not limited to, any transcription service or agency) other than TxRx and San Jacinto Police Department shall be allowed to use, operate, or possess the equipment and software provided by TxRx. Upon termination of this Agreement, within forty-eight (48) hours, TxRx shall take possession of all computer terminals, printers and any other equipment and software provided to San Jacinto Police Department. 1.04 Additional Services. San Jacinto Police Department may request certain Additional Services to be performed by TxRx which are not set forth in this Agreement, or incidental to the Basic Services as outlined in Exhibit "A". All services provided to San Jacinto Police Department not described in Exhibit "A" shall herein be referred to as "Additional Services" as outlined in Exhibit "C". All services performed under this Agreement shall be referred to collectively as the "Services". 1.05 Status of TxRx. TxRx acknowledges and agrees that it is acting under this Agreement solely as an independent contractor, and not as an employee of San Jacinto Police Department, and shall have no authority to act for or bind or obligate San Jacinto Police Department in any manner whatsoever, except only to the extent specifically set forth herein or as may be hereinafter specifically authorized by San Jacinto Police Department. ARTICLE II COMPENSATION 2.01 Payment for Basic Services. As full and complete compensation for the Basic Services, TxRx shall be paid $0.159 per line of work produced ("Basic Compensation"). Any future changes in the line fee shall be negotiated between the parties hereto prior to implementation. 2.02 Payment for Additional Services. For Additional Services, TxRx shall be compensated as outlined in Exhibit "D" of this Agreement. 2.03 Reimbursable Expenses. In addition to the Basic Compensation, TxRx shall be reimbursed for the actual and reasonable costs of any item in connection with the Basic Services which items are listed on Exhibit "E" attached hereto (collectively, the "Reimbursable Expenses"). TxRx shall make all requests for reimbursement of Reimbursable Expenses on its invoices in the manner set forth below. TxRx shall not incur any such expense without the prior written consent of San Jacinto Police Department. Except for compensation for Basic Services and compensation for supplies delivered to San Jacinto Police Department, if any, TxRx shall receive no reimbursement for administrative or other costs incurred in connection with the Basic Services. San Jacinto Police Department Service Agreement 2.04 Manner of Payment. (a) TxRx shall submit invoices to San Jacinto Police Department on the last day of each month showing the (i) actual lines of work performed by TxRx with respect to all Services rendered, (ii) the applicable per line charge(s), and (iii) all other costs and expenses reimbursable pursuant to this Agreement. (b) For invoices submitted on or before the last day of the Current Month, payment shall be made to TxRx on or before the thirtieth (30th) day of the following month. If San Jacinto Police Department fails to pay TxRx in accordance with this Paragraph, TxRx shall have the right to terminate this Agreement upon thirty (30) days prior written notice. ARTICLE III TRANSCRIPTION SERVICES 3.01 Transcription Overview. TxRx will receive and/or access work from San Jacinto Police Department. The dictated work will be transcribed, then temporarily stored at TxRx and made available to San Jacinto Police Department for 90 day period. The work will then be transmitted to San Jacinto Police Department where it will be stored for further processing by San Jacinto Police Department. TxRx will provide transcription coverage for San Jacinto Police Department twenty-four (24) hours a day, seven (7) days a week. TxRx will provide service on state and nationally observed holidays. ARTICLE IV MISCELLANEOUS PROVISIONS 4.01 Definition of a Line. For purposes of this Agreement, a line shall consist of sixty (60) characters, of any kind or nature. Any character typewritten on a line constitutes a line. 4.02 Insurance. TxRx shall maintain comprehensive general liability insurance in minimum limits of $500,000 per occurrence and S1 million in the aggregate during the course of this Agreement. TxRx shall also maintain workers' compensation insurance in amounts required by California law. 4.03 CORI Criminal Offender Record Information. Confidentiality of Criminal Offender Record Information will be maintained by TxRx for all employees 3 San Jacinto Police Impartment Service Agreement involved in the production of San Jacinto Police Department's work. All TxRx employees are asked to disclose any arrest record and this is verified by a fingerprint record check with the California Department of Justice. TxRx will provide either prior certification of its employees or submit fingerprint cards to San Jacinto Police Department to obtain necessary certification. TxRx will remove any employee San Jacinto Police Department states cannot perform services on the contracted "Basic or Additional Services . " 4.04 Confidentiality. In providing services under this agreement, TxRx and its employees will come into possession of records and information which are confidential and protected from disclosure pursuant to the Public Records Act (GC 6250 et seq), Penal Code, Evidence Code, and other applicable provisions of California law. TxRx warrants and promises that it shall preserve the confidentiality of all records and information as shall come into its possession, and shall not disclose any documents or information to any person not first authorized to receive it by the San Jacinto Police Chief or the City attorney for the City of San Jacinto. TxRx agrees that it shall defend and hold harmless the City of San Jacinto, the San Jacinto Police Department, and all agents, employees and officials thereof, from any liability, award, claim, costs and expense that may be incurred as the result of any act or omission of TxRx in violation of this paragraph, including any act or omission of the agents or employees of TxRx. 4.05 Term of Agreement. The term of this Agreement shall be for a three (3) year period, commencing as of the date of this Agreement. Either party may terminate this Agreement with or without cause upon thirty (30) day's prior written notice to the other party. 4.06 Previous Services. Notwithstanding the fact that this Agreement is executed as of the date first set forth above, the parties recognize that a portion of the work and Services required hereunder may have been performed prior to such date, all of which work and Services shall be governed by the terms and conditions of this Agreement and shall be deemed to be a part of TxRx's Services hereunder. 4.07 Interpretation of Agreement. This Agreement constitutes the entire Agreement and understanding of the parties, and supersedes all prior and contemporaneous negotiations, discussions and agreements, written or otherwise, respecting the subject matter hereof. This Agreement may be amended or otherwise modified only in writing signed by both parties. This Agreement shall be governed by the laws of the State of California. If any provision of this Agreement shall be unenforceable, it shall be deemed separable from the remaining provisions of this Agreement. San Jacinto Police Department Service Agreement 4.08 Corporation. It is agreed, acknowledged and understood that notwithstanding anything to the contrary contained herein, San Jacinto Police Department's sole and exclusive claim, demand, suit, judgment or remedy shall be directed and/or asserted only against TxRx as a corporation, and not against any of TxRx's shareholders, directors, officers, or employees. TxRx's liability for breach of this Agreement shall be limited to the amount of fees which it receives for services in any calendar month. 4.09 Arbitration. The parties hereto agree to submit any disputes relating to the transactions undertaken pursuant to the terms of this Agreement to binding arbitration to be held at the Riverside, California offices of Judicial Arbitration & Mediation Services, Inc. ("JAMS"). The prevailing party in such arbitration or other legal proceeding shall be entitled to an award or judgment, as the case may be, for such party's reasonable attorney fees and costs. 5 San Jacinto Police Department Service Agreement IN WITNESS WHEREFORE, the parties hereto have executed this Agreement the day and year first above written. San Jacinto Police Department: City of San Jacinto By: Henry Hatliger Its: Mayor Date: August 1, 1994 Address: 160 West Sixth Street San Jacinto, California 92583 Telephone: (909) 654-2702 Telecopier: (909) 654-5400 TxRx: The Transcription Prescription, Inc., a California Corporation B Its: Director of Operations Date: August 1, 1994 Address: 780 North Euclid, Ste. 105 Anaheim, California 92801 Attention: Joseph E. Karns Director of Operations Telephone: (714) 772-8700 Telecopier: (714) 772-0316 EXHIBIT "A" 7 '41111S1111111111.11111111111111111111111111111111411PAIIIP" '44411b...'41111MIKI11011111111111111111111111111 1"11161.. I. ". ISII/11111 PROJECT MECHANICS The anscription escri ion, Inc. BENEFITS OF OTTS • Minimal investment into additional equipment and software • Forestall or eliminate the need for additional personnel • Increase in available patrol time • An enhanced professional reputation for the department • A cost savings accruing to the San Jacinto Police Department in terms of additional available manhours • Increased efficiency for the officers, supervisors, and support personnel • A reduction in overtime expenditures for officers to complete their reports at the end of shift • The elimination of handwritten reports • Detailed, accurate reporting of facts in an incident • Standardized formats for all reports • Twenty-four (24) hour availability to dictate reports • Rapid turnaround on prioritized reports • Correct grammar and spelling • The availability of electronic review, signature , and approval • San Jacinto Police Department receives electronic transmitted data with automatic input into the Record Management System along with requested printed copies of the information and electronic storage of the original report - thus creating a current records management system • UCR Reporting information ready and available. Mandatory reports are filed ON TIME. January 25, 1994 2 T e anscription • escr tion, Inc. DICTATION 0 ON 1-800 DICTATION AND TRANSCRIPTION OF POLICE REPORTS GOAL To afford the in -field patrol officer the ability to quickly prepare and dictate any given police report, toll -free from any available telephone. BENEFITS • Provides for additional available patrol officer hours in the field for responding to calls or performing "pro -active" patrol procedures. • Field officer may vary locations at will for purposes of officer safety. Dictation can be accomplished at the crime scene from areas not involved in the actual crime scene itself. • Dictation would be immediately available for transcription and return to the dictating officer. • Dictation can be accomplished from any telephone the officer might have access to. Police managers are seeking methods that would increase the available time for officers to respond to calls for service and perform "pro -active" patrol procedures. The managers are also seeking the ability that will allow the officer to accomplish the required report writing task on duty without the expenditure of unbudgeted overtime monies. To accomplish this, managers must develop practices and procedures that will eliminate or greatly reduce activities which create drains on the officer's availability and which will result in greater and measurable productivity coupled with a reduction in expended controllable costs to the department. January 25, 1994 The Transcription • escription, Inc. To this end, police management should consider implementing and monitoring a program that utilizes field patrol officers dictating the reports to a central location via any phone available to the patrol officer. Under this concept the officers would place a call to a designated toll -free phone number and dictate their various reports. By utilizing this practice, the officer achieves more available patrol time which can be devoted to responding to calls for service or "pro -active" police patrol. The officer has the ability to choose where he will make his dictation from to complete the report function. Additionally, the officer has the latitude of deciding when and how the report dictation function will be accomplished. *Community Participation Program Community Relations in Police work is a must. That is why TxRx and other interested agencies have viewed the Community Participation Program as a valuable tool, not only to reduce costs, improve overall department efficiency, but provides a continual contact with the city's merchants and business community. Telephones of the city's merchants and businesses would be made available to the officers to dictate to a toll free number 24 hours a day, seven (7) days a week. This program offers high visibility of police officers on patrol with little cost to the city's merchants and business community. More importantly, officers become familiar with the community merchants and the activity surrounding each business. Community relations become positive as a relationship between the "Police" and the general public becomes one of a mutual effort. Participating businesses would need to provide only a small semi -private area that would allow access to a telephone that could be utilized to dictate police reports. January 25, 1994 4 The Transcription escription, Inc. SC ON Once work is received at TxRx, it is reviewed by the Transcription Supervisor who specifically looks for RUSH dictation. These types of dictations are immediately electronically routed to a transcriptionist's station and will be the next transcription performed by the transcriptionist. Once any given job is completed it is marked as such on the Digital Dictation System Management Terminal. The work is transcribed and forwarded to the proofreader for quality control checks. The jobs are recalled by their assigned job I.D. number onto a terminal screen where they are read. The reports are also checked for proper format, punctuation and spelling. Obvious grammatical errors are corrected. The report is restored and a computer generated list of reports ready for return to San Jacinto is forwarded to the processing/transmitting clerk. Once the processing clerk receives notice that work is ready to be returned that work is retrieved from the database. The work is electronically counted for the line count and a "batch" of work is compiled into a list which is the daily delivery log. The work will then be transmitted to a host computer at San Jacinto Police Department. At that time the work will then be ready for officer and administrative review and approval. If the document is approved by the Officer and his reviewing Sergeant the document can be electronically signed, stored and if necessary printed. If corrections are necessary the Officer may contact a service representative to correct the document for final electronic signature and approval. Once the final copy of data has been transmitted along with a delivery log, TxRx will maintain the work in their database for 30 days, after which time it is archived and the data is forwarded to San Jacinto on removable media. In the event of an equipment failure at San Jacinto, TxRx will replace or repair the component within a 2-3 hour time frame. TxRx maintains a limited inventory of replacement machines for such emergencies. TxRx is recommending that San Jacinto Police Department utilize electronic January 25, 1994 5 V The anscription esc ion, Inc. signature for both the Officer's and Sergeant's approval. The availability of electronic signature will assist in meeting the goals of paper reduction and developing a state-of-the-art records keeping systems. January 25, 1994 6 The PE 0 CE TxRx understands the demands that have been placed on the legal community in regard to maintaining and providing accurate reports in a "timely fashion". Monitoring an outside contractor requires accountability. That is why TxRx provides their clients with the tools to ensure they are receiving the service promised. On a daily basis TxRx will provide a summary of all work dictated over the past 24-hours. This report will be transmitted to San Jacinto Police Department. The information provided will allow San Jacinto Police Department to review the date and time dictated, the author, type of report, incident numbers, if the report is in "open or closed" status, or if the report has been transcribed. TxRx will also provide a daily summary report of all work transcribed and returned over the past 24-hours. This report will contain all corrections performed as well as any reprinted materials. Further, the report will list the date and time transcribed, author of the report, incident number, the time the report was authored, time of transcription, line count, page count and any other information deemed essential. TxRx is committed to meeting their customer's deadlines. That is why we back our commitment with a guarantee. TxRx will provide San Jacinto Police Department with an offset penalty for non-performance. In the event that work is returned late and that late work amounts to more than 20% of the month's total work, San Jacinto could offset the month's billing by 5% of the total bill. Any offset made against any monthly bill would be for failure on the part of TxRx to fulfill its contractual obligations. This provision would not apply to incidents beyond the control of TxRx. Additionally, the offset applies only to the transcription fees and not to equipment charges or hourly fees for services rendered. January 25, 1994 7 THOMAS COX DAMES A. COX JULIE M.: CLARK September 28, 1994. COX, & C © X A PROFESSIONAL CORPORATION ATTORNEYS AT LAW, EOS EAST- FLORIDA AVENUE HEMET, CALIFORNIA 92543 To: Agency Board San Jacinto Redevelopment Agency From: James Cox Re: Metropolitan Theatres Corporation Request for Agency Consent to Inter Agency Meeting of October 4, 1994 Ground TELEPHONE' AREA CODE 909 652-'400 FAX (909) 652-3990; ease Transfer RECOMMENDATION: Pursuant to Section 5.13 of the Redevelopment and Disposition Agreement; between, Metropolitan` and:the'Agency, approve the request of Metrpolitan to enter into an interim Groundlease of the Site to Newco, an entity owned by employees of Metropolitan. The groundlease to:be effective during the period of construction and to be reassigned to Metropolitan upon, completion of construction and. as part of lease financing. Metropolitan to_provide' its, guarantee of the -Redeveloper's Obligations. The City'attorney'to first approve "documents..prepared,- by Metroplitan for the purpose. -Discussion: Attached is a copy of the letter received from Metropolitan, requesting the Agency's cooperation in its plans for lease,financi'ng of the construction improvements for the Theatre. Section 5.14 of the Redevelopment Agreement with Metropolitan, specifically allows construction financing in this method. To facilitate this financing, and as required by Metropolitan's auditors, Metropolitan has requested that the site be temporarily leased to'an,entity separate from Metropolitan during the period of construction. This will separate the land interest from the improvements;(the improvements will provide the., security for the lease financing). Upon conclusion of the construction, the Site '.groundlease will be assigned back to Metropolitan. Metropolitan has -agreed that it wi°ll sign a guarantee of all obligations during the period of the interim lease. The City attorney will review all documents: submitted to accomplish"this financing. please feel free o contact me. SENT BY:Xerox Telecopier 7021 ; s—[zt0.I0 1140400UU" 444 4wL wwww C 8;;7i3'fr'sr Tbi,d Barer LeJ Apia, Califirxia 90048 711epbeer (so 858 280o l3�r (AV 858•186o S Redevelopment Agency of the City of San Jacinto City of San Jacinto 201 East Main Street San Jacinto, CA. 92583 Attention: Brian McNabb Re:. Dear Brian: Reference is made to the Redevelopment, Disposition and Development Agreement (the "Agreement") between the Redevelopment Agency of the City of San Jacinto (tile "Agency") and Metropolitan Theatres Corporation ("MTC") and to the Site described therein (the "Site"). As you know, MTC has for sometime contemplated obtaining long-term financing for redevelopment of the Site through a sale and leaseback arrangement. In this regard, I am pleased to report that MTC has entered into a letter of intention for such financing with corporate Realty Capital of Boston, Massachusetts, and we anticipate that such financing will be completed prior to the end of the calendar year. In anticipation of sale and leaseback financing, the Agency agreed in Section 5.14 of the Agreement to permit MTC to engage in any conveyance to a "responsible financial... institution or other acceptable person or entity who or which will finance the development of the Site (in a mannerlconsistent with the Agency's interests) ." It turns out that to achieve the accounting objectives of sale and leaseback financing, it will be necessary that there be an interim technical change in ownership of the. improvements under construction in fivor of a corporation related to, but separate from, MTC during the period that the Site is under construction and prior to an actual conveyance, lease or assignment to the ultimate financing institution. p I!le ra vlitan Theatres Corporation be 20, 994 SENT BY:Xerox Teiecop1er ruli -44-44 , 1 l 4 V N Y V V V V Redevelopment Agency of the City of San Jacinto September 20, 1994 Page 2. Let me assure the Agency that we do not contemplate any changes that will affect the redevelopment program or the Agency's interest in the Site, and we expect to accomplish the technical change in ownership during construction in a manner that is as transparent as possible to the Agency. Despite the technical change in ownership, MTC will, of course, continue to be contractually committed under the Agreement and would be happy to execute a full guarantee of any Redeveloper obligations that will be performed by the related entity. our specific plans are as follows. MTC would lease the property under a long-term ground lease to a newly created entity ("Newco") formed by Ms. Candace Crawford and Mr. Allen Gilbert, our Chief Financial officer and Executive Vice -President, respectively. Newco would be structured in a fashion so that it would always be owned by employees of MTC. Newco will formally enter into construction contracts for the improvements to the Site, which will be financed by loans from MTC secured by a mortgage on the improvements junior to the Agency's senior liens. Upon readiness for financing, Newco would assign the long- term ground lease to our ultimate institutional sale and leaseback financier, who we now contemplate will be Corporate Realty Capital ("Financier"). Newco would simultaneously sell the improvements to the Financier which would then lease both the land and improvements back to Newco or MTC on a long-term basis, pending completion of construction. In any event, upon completion of construction any long-term leases from financier in favor of Newco would be assigned back to MTC. These steps will effectively result in the following: w The improvements would technically be undertaken by a corporation owned by MTC employees. * During construction Newco would be contractually committed to construct the improvements in accordance with the Agreement with the Agency (which, as mentioned earlier, MTC will be happy to guarantee to the Agency.) • During construction, MTC would always remain the owner of the Site and would lease to Newco upon completion of construction. * Upon completion of the improvements, MTC will be the owner of the Site and the long-term lessee of the Financier for both the land and improvements. StNI dY;Xerox :eiecoply' ,VGJ Redevelopment Agency of the City of San Jacinto September 20, 1994 Page 3. If the above is acceptable to the Agency, then we would appreciate the Agency so indicating by countersigning the duplicate original of this letter which is enclosed and returning it to us. We would then promptly prepare formal documents to memorialize the arrangements. Because time is of the essence, we would appreciate the Agency designating an appropriate person with authority to review and approve the final form of documentation. We have for the Agency's information included materials about Corporate Realty capital which were provided to us. Thank you in advance for your prompt consideration of this letter. BCC/gm APPROVED: REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO By. . Title: Date: Sincerely, METROPOLITAN_ THEATRES CORPORATION Bruce C. Corwin, President TO: Honorable Mayor and Members of the City Council FROM: Pamela L. Lee, Deputy City Clerk. Via: Pamela S. Easter, City Manager DATE: October 4, 1994 RE: Minutes of Regular Meeting of September 6, 1994 Repot. RECOMMENDATION: Approve the Minutes of the Regular Meeting of September 6, 1994, as presented. MINUTES SAN JACINTO CITY COUNCIL AND THE CITY COUNCIL SITTING AS THE REDEVELOPMENT AGENCY AND INDUSTRIAL DEVELOPMENT AUTHORITY AND THE SAN JACINTO FINANCING AUTHORITY SEPTEMBER 6, 1994 1.0 CALL TO ORDER The Regular Meeting of the San Jacinto City Council was called to order by Mayor Hafliger at 7:40 P.M. in the Community Center, 625 South Pico, San Jacinto, California. Present: Councilmembers Oaks, Solorio, Williams and Mayor Hafliger Absent: Councilmember Leahy Prayer of Invocation by Pastor Bob Ferguson Pledge of Allegiance was led by Mayor Hafliger 2.0 SPECIAL PRESENTATIONS 2.1 Report on County Earthquake Seminar - Jim Connor Fire Chief Price requested, in the absence of Mr. Connor, the matter be deferred until a later date convenient to Mr. Connor. 3.0 PUBLIC COMMENTS Bob Zambon made a statement urging support on any recycling plan that ultimately would come to pass. Reiterated the citizen support of CR&R and the reasons, but acknowledged that if that did not come to pass, that all should support the alternative and cooperate. 4.0 REDEVELOPMENT AGENCY/FINANCING AUTHORITY At the hour of 7:45 P.M. convened the Redevelopment Agency in joint session with the City Council for the following items: Hal Brown representing Habitat for Humanity advised that they had all their paper work in place and were ready to work with the contractors on items 4.4 and 4.5, to achieve theirs, as well as, the City's goals. September 6, 1994 CONSENT REDEVELOPMENT AGENCY ITEMS A MOTION was made by Agency Member Williams, seconded by Agency Member Oaks, to approve the consent calendar as presented. Motion carried on a 4-0 vote with Agency Member Leahy absent. 4.1 Conflict of Interest Code Amendments Acting in their capacity as the City Council and the Redevelopment Agency adopt Resolution No. 2226 and Resolution No. RDA 94-6 amending the Conflict of Interest Codes pursuant to the Fair Political Practices Commission rules and regulations. RESOLUTION NO. 2226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. 2018 RESOLUTION NO. RDA 94-6 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO, CALIFORNIA, AMENDING THE CONFLICT OF INTEREST CODE AND REPEALING RESOLUTION NO. RDA 92-1 4.2 Home Rehabilitation Grant - 238 Brown Street Approved a $500 grant to Jorge and Maria Yanez for side yard improvements at 238 Brown Street in the Brown and Second Streets Model Neighborhood. 4.3 Home Rehabilitation Grant/Loan - 269 & 271 Brown Street Approved a $500 grant and $4,500 loan subject to the attached HOME REHABILITATION GRANT/LOAN AGREEMENT to Glen and Sharon Chambers for the rehabilitation of two residential rental units at 269 and 271 Brown Street in the Brown and Second Streets Model Neighborhood. 4.4 RFP - Housing Developer San Jacinto Street & Third Street Authorized staff to solicit local developers through the Request For Proposal process to develop single family residential homes for low income households. 2 September 6, 1994 4.5 RFP - Housing Developer Brown Street - 3 Lots Authorized staff to solicit local developers through the Request For Proposal process to develop single-family residential homes for low and very low income households. 4.6 Sub -Recipient Agreement For HOME Funds Authorized execution of the sub -Recipient Agreement with the County of Riverside for a grant of HOME Program funds in an amount of $110,000 to the City of San Jacinto for assistance in the acquisition of 5 apartment units at the northeast corner of Jordan and Shaver for conversion to 3 homes for sale to low income households. 4.7 Budget Amendment Approved redistribution of the Fund 96 (Redevelopment Capital Projects) budget for legal counsel in the amount of $30,000. 4.8 Contract Revision - RGB Commercial Development Approved extended contract with RGB Commercial Development to terminate on June 30, 1995. Funding to be provided through the Redevelopment Capital Project Budget (Fund 96). At the hour of 7:46 P.M. adjourned the Redevelopment Agency, and continued acting in the capacity of the City Council for the remainder of the agenda. 5.0 CONSENT CALENDAR COUNCIL CONSENSUS, at the request of Councilmember Williams, to pull item 5.9 for separate discussion and action. A MOTION was made by Councilmember Solorio, seconded by Councilmember Oaks, to approve consent calendar items 5.1 through 5.8 as presented. Motion carried on a 4-0 vote with Councilmember Leahy absent. 5.1 Minutes of the Special Meeting June 28, 1994 Approved the Minutes of the Special Meeting of June 28, 1994, as presented. 5.2 Minutes of the Regular Meeting August 2, 1994 Approved the Minutes of the Regular Meeting of August 2, 1994, as presented. 3 September 6, 1994 5.3 Minutes of Regular Meeting August 16, 1994 Approved the Minutes of the Regular Meeting of August 16, 1994, as presented. 5.4 Minutes of the Special Meeting of August 23, 1994 Approved the Minutes of the Special Meeting of August 23, 1994, as presented. 5.5 Warrant Register Approved warrant numbers 38148 through 38322 dated August 31, 1994, in the amount of $641,227.63, and Payroll check numbers 3321 through 3407, dated August 5, 1994. 5.6 Treasurer's Report - July 1994 Received and filed. 5.7 Investment Policy Adopted Resolution No. 2227 identifying various policies and procedures that ensures a prudent and systematic investment policy and to formalize investment related activities. RESOLUTION NO. 2227 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO IDENTIFYING VARIOUS POLICIES AND PROCEDURES TO ENSURE A PRUDENT AND SYSTEMATIC INVESTMENT POLICY AND TO ORGANIZE AND FORMALIZE INVESTMENT RELATED ACTIVITIES 5.8 Award of Engineering Services Contract for Inspection and Preparation of Loading Specification for the Bath Street Reservoir Approved the Engineering Services Contract for Inspection and Preparation of Coating Specifications for the Bath Street Reservoir with John Egan and Associates for a fee of $16,700.00. The source of funding for this project is from the Water Capital Improvements Account #51- 9000-450-4001. 4 September 6, 1994 CONSENT CALENDAR ITEM PULLED FOR SEPARATE DISCUSSION: 5.9 Resolution Authorizing Annexation to County Service Area #152 (NPDES) Councilmember Williams cited this as another unfunded mandate forced on local government, which, unless voted down, would be passed on to the residents. Although a minimal $5.00 cost, he was opposed to adopting and would like to oppose doing so for as long as possible. Although it would be prudent to adopt, in light of the fines and sanctions that would be placed against the City, but it was being forced on the City by the Federal Government. Council Concerns: 1. While in agreement with the feelings of Mr. Williams, also concerned about the penalties to the City for non-compliance. 2. Residents were unaware of the future affects on them, that in the future they would be restricted from washing their cars and washing down parking lots and sidewalks, etc. This was in fact restricting the rights and privileges of the voters. Mr. Ferguson, from the audience, voiced concern regarding a developer washing off foundations and the runoff going in the street. Public Works Director Evans advised that such runoff was not legal and would get with Mr. Ferguson on the matter in question. A MOTION was made by Councilmember Oaks, seconded by Councilmember Solorio, to authorize staff to initiate action to join County Services Area No. 152 which is a benefit assessment area formed to meet the fiscal requirements for the implementation of the Federally mandated NPDES Storm Water Program by adopting Resolution No. 2228 and authorize the expenditure of $2,480 for filing. Motion carried on a 3-1 vote with Councilmember Leahy absent and Councilmember Williams dissenting. RESOLUTION NO. 2228 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, MAKING APPL9ICATION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO UNDERTAKE PROCEEDINGS FOR THE ANNEXATION OF THE CITY OF SAN JACINTO TO COUNTY SERVICES AREA NO. 152 5 September 6, 1994 6.0 PUBLIC HEARINGS None 7.0 CITY DEPARTMENTS 7.1 Proposal to Establish a Community Garden Public Works Director Evans made a presentation as contained in the staff report on file with the City Clerk. Identified the concept as carried out in the City of Torrance. Council Concerns: 1. Suggestion that another location be considered, something nearer to multiple dwelling units and central to town. Limitation on the funding to be supplied by the City for start up. Suggested it be managed by a volunteer that would come forward, but not spend staff time for managing. Information could be gotten out to residents through a newsletter. 2. Supported the concept as worthwhile and with merit, but concerned about cost and staff time. Should be a community based program and more information was needed, along with a detailed financial component. 3. Suggested that while some pursue other avenues of recreation, which receive funding, for some gardening was a form of recreation. Suggested that interested persons be sought through notices sent with the water bills and perhaps a Garden Club could be formed. There was a need to derive interest in the winter and be ready to move forward before spring, but not expend a great deal of staff time. Pat Thomson indicated she supported the idea but did not know if there were others who would also. Suggested a survey to seek interest, felt it was good for the image of the City. Felt Esplanade was central and would be even more so in the future. Other areas had been looked at, and they needed to also consider water availability. Torrance had many good guidelines for setting up a program and she would be happy to volunteer to be the liaison with the City and seek volunteers to help. In addition, they would try to obtain a federal grant to pay for the work on the project, but supervision would be needed. 6 September 6, 1994 A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks, to direct staff to come back in 120 days, after working with Ms. Thomson to develop a plan, with a realistic budget, and no committed funding at the present time, but some staff assistance to send notices with water bills or other appropriate form, to seek interest in the concept. Motion carried on a 4-0 vote with Councilmember Leahy absent. 7.2 AB 2673 Local Public Water Systems Public Works Director Evans advised that the legislation would basically require a City's General Plan to include funding sources for water to accommodate new development. While the concept was a good idea, the fact was that water and public agencies already had veto power on development. The League of Cities opposed requiring funds up front because of the impacts to cities and the possibility of causing development moratoriums so they proposed language changes in the last session. This kind of bill would essentially put water purveyors in charge of development. Water Districts were pushing hard on the bill to make their point, that there be no more development in California unless there were water sources. The legislation needed to be watched carefully, when it is reintroduced in the next session. Council suggestion that Mr. Oaks, representative on the Groundwater Association, keep the Council posted on the legislation. 7.3 Senior Oldlympics Parade Permit - September 10, 1994 - Esplanade between State Street and Valley -Wide Park Public Works Director Evans advised the request had been withdrawn. City Manage Easter advised Council they were invited to participate in the revised schedule of activities. 7.4 Follow-up on Brookfield Development Soboba Village VI Public Works Director Evans expected a response from the owner which he believed would propose a compromise. He preferred to first receive the response, consult the City Attorney, and then report back to Council at the next meeting, depending on what the letter contained and the City Attorney's thoughts on the matter. 7 September 6, 1994 7.5 Revisions to Source Reduction & Recycling Element Assistant to the City Manager Anderson made a presentation as contained in the staff report on file with the City Clerk. Valerie Kleinfelder advised that 3-4 short pages could be added to summarize and address the changes that had taken place and the plans for implementation. However, they would still be allowed to incorporate those changes in the final document and in the meantime the state would still have an idea of the plans. Felt since San Jacinto was still in the development stages and not implementation, the wise course of action would be to come back after 120 days and request changes, or Council could make changes at the annual review, and updates could be provided at any time in between. A MOTION was made by Councilmember Solorio, seconded by Councilmember Oaks, to schedule existing City of San Jacinto Source Reduction and Recycling Element (SRRE) and Household Waste Element (HHWE) for public hearing on December 6, 1994. Motion carried on a 4-0 vote with Councilmember Leahy absent. 7.6 Towing Program - Vehicle Abatement Fire Captain Wilson advised this was a new program which provided abatement at not cost to the citizens. Flyers had been sent out and extensive media coverage. Staff planned to make it an annual program. Staff had already received calls, even from areas not serviced. In response to Council inquiries, advised that the vehicles abated under the program would be destroyed and not allowed back on the streets. If there would be an interest for restoration, parts could be recycled. Those parts recycled would also be credited to the City for meeting their recycling quota. The program was administered by the County and the funding for it came from $1.00 on vehicle registrations. Staff would report back again, closer to the end of the month. 8 September 6, 1994 7.7 Landscaping & Block Wall Issue in Mont Valier Subdivision Associate Planner Hults advised the block wall had been constructed along Mountain Avenue. The landscaping was in distress and the contractor was working on the irrigation. Staff would continue monitoring and keep in contact with Premier to finalize the work. In response to Council inquiries, advised that local residents had not been contacted. Staff to locate and advise the speakers from prior Council meetings, 7,8 Follow-up on Reseeding North Mountain Property Associate Planner Hults advised that staff had determined the appropriate time from planting to be November or December, with multiple seedings to be sure it takes. Because the movement of the Edison poles was not eminent or high priority, staff gave Mr. Morgan notice he had 30 days to submit a plan, which noticing would expire at the end of September. If there was no progress staff would then refer the matter to the City Attorney for action under the permit. 7.9 Young Street Renaming Associate Planner Hults advised of a suggestion to rename the street in honor of Zane Parker. Described the location and explained the necessary process which would have to be followed. City Manager Easter explained also the history of the current street name, after a pioneer family that previously owned a motel locally. Council concerns: 1. With no disrespect intended, there was a concern of renaming that which was already named to honor another. Suggested that perhaps it could be considered for a street not yet named. 2. Suggestion that numbered streets be used for renaming after individuals of honor. Ms. Easter clarified that was the purpose of Hofmann Park, to memorialize individuals. COUNCIL CONSENSUS that staff talk with Mr. Parker's family on alternatives and come back with a report. 9 September 6, 1994 7.10 Community Facilities District #2 Update (Government Finance Group) Karen Scott made a presentation as contained in the staff report on file with the City Clerk. In response to Council inquires, advised that a time limit could be established. However, delinquencies were generally to be paid within the fiscal or calendar year of becoming delinquent, except in the case of vacant land, which could extend longer. Suggested that staff be allowed to deal with that. An example, most recently, where the developed parcels that were saved from foreclosure due to the payments by undeveloped land which kept all parcels from going into foreclosure. In addition, it was not in the best interest of the parcels to delay paying because they would continue to accrue interest and penalties. Foreclosures would be forced at a point when reserves had to be used for payment on the bonds. If foreclosure proceedings did occur, the City's only obligation would be to place the proceeds in the fund to cover payments, but would not be obligated to pay any shortages, unless the City itself, took title to the property. If there was no sale of the foreclosed property, City would not be obligated to take title, but suggested that a foreclosure attorney advise the City further on that issue. To further clarify the time limit issue, advised that it would be one year that staff would have authorization to accept payment and anything beyond that would come back to Council for approval. City Attorney Cox confirmed that the City had no obligation for payments unless they took title to the foreclosed property. The following amendments to the policy and procedures were proposed: 1. Add to 2 (d) "installment payments made within 12 months or the fiscal year." 2. Section 2, change "will" to "may" in the first two paragraphs in three locations. 3. Section 2 (c) change "will" to "may". Maxine Hayden voiced objection to the part of the staff report where agreements would be made by delegating Council responsibility to staff. There was significant public interest in this matter, and it was something that should not be precluded from the public at each stage on the agreements. There should not be any closed door agreements without coming to the public and in front of the Council. She desire to go on record to reflect her comments. 10 September 6, 1994 Karen Scott advised that the policy was not trying to do something back door. The policy was established so it would be clear what actions would be taken if the tax bills were not paid. The reason for allowing staff to process is not to hide it, but not to have to come to Council every time someone wants to pay a delinquency. Maxine Hayden asked to rebut. Mayor Hafliger advised her statement had been understood and points taken. Asked if Council desired to hear more comments from Maxine. There was no response to indicate a need for clarification or questions. Ms. Easter clarified that the City was making payment from the funds from TMP and not from reserves. A MOTION was made by Councilmember Williams, seconded by Councilmember Oaks to approve tax collection procedures, as amended above, to collect delinquent special assessments for the Community Facilities Districts and Assessment Districts. Motion carried on a 4-0 vote with Councilmember Leahy absent. 8.0 MAYOR/COUNCILMEMBER REPORTS/DISCUSSIONS 8.1 WRCOG Update Opposing Unfunded Mandates- Williams Mr. Williams requested this matter be continued to the first meeting in October. Councilmember Oaks summarized the recent Ground Water Association board meeting. Explained that the indian water rights were based on the reasonable needs, so even if they do not irrigate the land they could claim that which would be needed to irrigate, so the amount would only be limited by the size of the reservation. Studies still needed to be made to determine if the benefits were reasonable use. The rules had never been applied to ground and surface water so it was new legal territory. Decisions should be coming within the next 6 months to a year. In response to Council concerns, staff would look into the signs located in San Jacinto directing traffic to businesses in Hemet, and consider a reciprocating arrangement, and report back to Council. 11 September 6, 1994 At the hour of 9:00 P.M. Council recessed. At the hour of 9:10 P.M. Council reconvened with all members present, except Councilmember Leahy, for closed session pursuant to the following: 9.0 CLOSED SESSION 9.1 Conference with Labor Negotiators pursuant to Government Code Section 54957.6 Agency Negotiator: Cox, Kreisler Employee Organization: San Jacinto Police Officer's Association, Public Employees of Riverside County (PERC) 9.2 Conference with Legal Counsel on Anticipated Litigation pursuant to Government Code Section 54956.9(b) Significant exposure to litigation, (1) case. 9.3 Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 Property: 183 East Third Street Negotiating Parties: Gilberto Marquez Under Negotiation: Price and terms At the hour of 9:50 Council reconvened in open session, with all members present, except Councilmember Leahy, and announced no action being taken. 10.0 ADJOURNMENT There being no further business to conduct, the meeting was adjourned. The hour of adjournment being 9:51 P.M. Submitted by Dave Anderson, City Clerk 12 Approved by Henry Hafliger, Mayor STAFF REPORT Mayor and City Counc Anna A. Vega, Finan Via Pamela S. Easter, S DATE: October 04, 1994 val of Register of A ll Checks A Approve warrant numbers 38456 through 38569 dated September 30, 1994 in the amount of $403,522.29 and Payroll check numbers 3502 through 3590 dated September 02, 1994. SUMMARY A listing of accounts payable warrants is attached for your review and approv Payroll information is available for your review in the Finance Department.